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HomeMy WebLinkAboutIvy_Morton_PA-T1-2023-00221January 12, 2024 Notice of Final Decision On January 12, 2024, the Community Development Director approved the request for the following: Planning Action: PA -TI -2023-00221 Subject Property: 391E16AC x#300 Morton Street to West Ivy Lane Applicant: City of Ashland Description: A request for Physical and Environmental Constraints Review Permit for Hillside Lands to facilitate the construction of an approximately 300 -foot section of a 12 -inch water line that extends from Morton Street to Ivy Lane. The specific area subject to this review is the area west of the Ivy Lane right-of-way. The request includes Severe Constraints Review because portions of the property are greater than 3 5 percent slopes. The application also includes a request for a Tree Removal Permit to remove 15 living trees and several dead trees all between six to 18 -inches DBH. COMPREHENSIVE PLAN DESIGNATION: Rural Residential and Woodland Residential; ZONING: RR -.5 & WR; ASSESSOR'S MAP: 39 1E 16AC; TAX LOT: 300 The Community Development Director's decision becomes final and is effective on the 12`h day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact 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 97520 Fax: 541.552.2050 ashlo rnd.or.us TTY: 800.735.2900 �I PLANNING ACTION: SUBJECT PROPERTY: APPLICANT: ASHLAND PLANNING DIVISION FINDINGS & ORDERS PA -TI -2023-00221 39 1 16AC #300 Morton Street to West Ivy Lane City of Ashland Public Works OWNER: City of Ashland DESCRIPTION: A request for Physical and Environmental Constraints Review Permit for Hillside Lands to facilitate the construction of an approximately 300 -foot section of a 12 -inch water line that extends from Morton Street to Ivy Lane. The specific area subject to this review is the area west of the Ivy Lane right-of-way. The request includes Severe Constraints Review because portions of the property are greater than 35 percent slopes. The application also includes a request for a Tree Removal Permit to remove 15 living trees and several dead trees all between six to 18 -inches DBH. COMPREHENSIVE PLAN DESIGNATION: Rural Residential and Woodland Residential; ZONING: RR -.5 & WR; ASSESSOR'S MAP: 39 1E 16AC; TAX LOT: 300 SUBMITTAL DATE: November 27, 2023 DEEMED COMPLETE DATE: December 19, 2023 STAFF DECISION DATE: January 12, 2024 DEADLINE TO APPEAL (4:30 p.m.): January 24, 2024 FINAL DECISION DATE: January 25, 2024 APPROVAL EXPIRATION DATE: July 25, 2025 DECISION The proposal is to install a water main as planned and approved in the current Ashland Comprehensive Water Distribution Master Plan. This project previously received planning approval in 2014 (PA -TI -2014-02045) and 2020 (PA -TI -2020-00133), but the land use approval was allowed to expire prior to construction. The application is mostly identical to the materials that were submitted for the 2020 planning action. The only change is in property ownership. In August 2023, the land was purchased by the City of Ashland Parks and Recreation and thus is now referred to as public lands. The proposed project is intended to provide a loop between South Mountain Avenue, via West Ivy Lane and Morton Street to increase water pressures, to eliminate an existing dead -ended water system and to reduce the reliance on existing water pumping stations. A 300 -foot section of pipeline, located just west of the West Ivy Lane right-of-way, will be installed on public land with a slope in excess of 35 percent. Because the 300 -foot section of land exceeds the thresholds of AMC 18.3.10.020 it therefore requires a Physical and Environmental Constraints Review Permit. However, the application does not involve the construction of buildings, roads, driveways, parking, or other structures and as such the application of the Development Standards is somewhat limited. PA -TI -2023-00221 Morton / Ivy Waterline /jnc Page 1 Subject Property The property is a 17.8 -acre undeveloped lot that is heavily wooded and dominated by slopes exceeding 35%. The property is zoned Woodland Resource (WR) and Rural Residential (RR -.5). Beach Creek runs through the property from the southwest to northeast. Waterline road ends at the western edge of the property, and Ivy Street terminates near the southeast corner of the lot. There is presently a water main that runs cast to west from the end of Waterline Road across the property in a public easement exiting at the property addressed as 911 Beach Street. The proposed project is to extend the water main from Ivy Street having it run to the north connecting to the existing main. Proposed Development As mentioned above the project involves replacing an existing main and installing a new water main from Ivy Street to the north where it connects to the existing main that traverses the property. The project site is within public lands Tax Lot 391E16AC Tax Lot #300 along the existing main. The applicant's findings state that the waterline project is part of the City's Comprehensive Water Distribution Master Plan and is intended to provide a "water loop" between the waterlines in South Mountain, Ivy Lane and Morton Street. The waterline loop will increase water pressures, eliminate dead -ended water systems and reduce the reliance on water pumping stations. The project proposes digging a single 2 -foot wide by 4 '/2 -foot deep trench to install a 12 -inch ductile iron pipe waterline. The pipe will be placed in 6 -inches of 3/4 minus crushed rock with additional crushed rock around the pipe zone to a depth of 6 -inches over the pipe tip. The remainder of the trench will then be backfilled with select native excavated materials, then compacted to 95 percent density to prevent settling of the trench. The trench area and all other disturbed areas will be hydroseeded with native grass seed, fertilizer, and a tackifier to hold the seed/fertilizer mixture in place on the steep grade. Straw wattles will be placed across the excavation area in approximately 25 -foot intervals to prevent erosion resulting from surface run- off. Based on the materials presented the applicant has addressed the criteria from AMC 18.3.10.050. Erosion control measures are proposed to minimize potential adverse impacts through hydroseeding and the installation of straw wattles over the excavated area. A Physical and Environmental Constraints Review Permit for Severe Constraints Land is required because the new waterline extending downhill from Ivy Lane to the waterline on the north end of the property exceeds 3 5 percent slopes. The proposed waterline meets the definition of development on severe constraints land because the amount of site disturbance exceeds 1,000 square feet and more than 20 cubic yards of fill are required to be removed for the waterline trench. Design Standards & Approval Criteria The Design Standards for Hillside Lands are written to govern the development of structures, therefore, some of the standards do not relate to the project as the proposal is to install a buried waterline. Design Standards that are not relevant, such as building envelope and building design, will not be specifically addressed. The applicant's findings state that no new streets, flag drives, or driveways will be constructed under this project. All areas disturbed by construction access will be restored to their preconstruction condition, except for the placement of semi-permanent PA -TI -2023-00221 Morton / Ivy Waterline Jnc Page 2 erosion control devices. No permanent accessways will be established over this section of the pipeline corridor. Grading and Erosion Control This project does not incorporate any structural cuts or fills. A single 2 -foot wide by 4 '/z -foot deep trench will be excavated with a tracked excavator. The 12 -inch ductile iron pipe will be placed in 6 -inches of %-minus crushed rock in the trench bottom as pipe bedding. Additional %- minus crushed rock will be placed around the pipe zone to a depth of 6 -inches over the pipe top. The remainder of the trench will be backfilled with select native excavated material in an effort to establish a condition as close to the original site as possible. Backfill material will be compacted to 95 percent density to prevent settling of the trench. The trench area and all other disturbed areas will be hydroseeding with a mixture of native grass seed, fertilizer, and a tackifies to hold the mixture in place on the steep grade. Straw wattles will also be placed at approximately 25 -foot intervals across the excavated areas to minimize and prevent erosion from surface run-off. Erosion control specifications are shown in greater detail on the plans included with the application. Erosion control measures for this project consist of hydroseeding to reestablish a natural grass groundcover similar to what presently exists. Due to the rural and constrained nature of the site, the grass cover will be left to naturally propagate without benefit of irrigation or other cultivation. Semi-permanent straw wattles will be placed at equal spacing along the trenched area and will be securely staked in place. The straw wattles will remain on site to biodegrade in place and by that time the grasses from the hydroseeding will be well established. Timina of Improvements Public Works proposes to begin construction in March of this year with an estimate completion date of June 2024 depending on site conditions. For example, work would be paused if conditions in March are too wet and would cause damage to the site. Staff notes that the code requires that all land disturbances shall only occur from May 1 to October 31, unless a 45 -day modification to the May I date is requested and granted by the Planning Director. The Planning Director has found the modification to begin project work on March 1 is acceptable given consideration to the site conditions noted above and efforts to protect against damage through erosion control as outlined in the application. Accordingly, a condition of approval is included to modify the start date from May 1 to March 1. Retention in Natural State The subject parcel is 17.79 acres or 774,932 square feet in size. The construction area is approximately 6,000 square feet, or less than one percent of the total area. Most of the 17.79 -acre parcel is undisturbed lower elevation woodlands with the predominant tree species being oaks and madrones with a few scattered conifers. The tree canopy is open enough to allow a variety of grasses among the trees. This project will reestablish a similar growth of grass and will maintain an appearance similar to that prior to the PA -TI -2023-00221 Morton / Ivy Waterline /jnc Page 3 construction, however no trees are proposed to be planted within ten feet of either side ofthe waterline to provide for future pipeline access. Drama e This project will not create any new impervious surfaces or areas that will require constructed drainage facilities to move stormwater run-off from the site. Installing straw wattles and hydroseeding in all disturbed areas will minimize potential stormwater run-off. Tree Removal & Exception to the Development Standards There are 15 live trees in the vicinity of the new waterline that need to be removed by the proposal. The trees range in size from six to 18 inches in diameter at breast height (dbh). A tree removal survey has been submitted with the application that shows the location, size, and species of each tree that will be removed. In addition, there is a 24 -inch dbh pine tree near the intersection of Waterline Road and Morton Road near the intended path of the pipeline. The tree is not proposed for removal. However, it is possible that the roots system could be damaged during construction when this portion of the pipeline is excavated. City arborists will be consulted post construction to determine if the tree will be able to stay or need to be removed to mitigate any associated risks. At the January regular meeting of the Tree Management Advisory Committee (Tree MAC) staff presented the application. After a brief discussion, the Tree MAC recommended planting shrubs such as snowberry, red flowering currant, and pomegranates along the edge of the 20 -foot pipeline maintenance and access area. The application includes a request for an exception to the Development Standards for Hillside Lands, specifically requesting an exception to the requirement that the trees removed be mitigated by replacement planting. The application explains that for the following reasons this exception should be granted: a) The property is already densely forested with trees similar to those proposed for removal. b) Planting trees within the construction corridor would inhibit the City's ability to maintain the waterline in the future. c) The tree removal constitutes a 0.5% reduction in the total number of trees on the property. d) The removal of the trees in the construction area will assist in establishing a wildfire buffer zone between the property and the adjacent residential neighborhood. Staff finds that the exception is the minimum necessary to alleviate the difficulty in meeting the specific requirements of this chapter due to the uniqueness of the proposed use and current condition of the site, and that the proposal is consistent with the stated purpose and intent of the Physical and Environmental Constraints Overlay Chapter. Staff, in considering the request for an exception to the requirement, find the explanation reasonable, and approve the requested exception. PA -T1-2023-00221 Morton / Ivy Waterline /ine Page 4 Severe Constrained Lands The application includes a geotechnical and geologic evaluation Prepared by Applied Geotechnical Engineering and Geologic Consulting which is required due to disturbance and excavation from lands classified as severely constrained. The Geotechnical report provides a description of the project site and stated that construction of the waterline will not increase the risk of slope instability or substantially change surface water or groundwater conditions. The report includes recommendations for sediment and erosion control. Public Comment During the public comment period staff received two written public comments and one question (via email) from the public. One citizen inquired about the effects and location of a temporary water shutdown area during construction. The inquiry was answered by Planning with the guidance of Public Works staff on December 21, 2023. There may be a temporary waterline shutdown for 1 day for 6 to 8 hours to properties within the vicinity of the Waterline Road. A notification will be sent to all affected property owners 2 days prior to the shutdown. Another citizen commented on the lack of information related to the project. Stating that the public mailing notice did not provide adequate details on the background of the project; reasons and justification for the project; cost projections or funding source; that the timing of the Planning Action notification was an inconvenient time of the year; questioned the stability of the slope and impacts of erosion from tree removal; wondered about the timing of the project and if protection for the Pacific fisher denning season has been considered; and if Federal funds are involved in the project. On January 2, 2024, planning staff provided the citizen with a copy of the application and submittal materials that.are also posted online via email. The Public Works Department hired a consultant to conduct a geotechnical evaluation for the construction areas that contain slopes in excess of 35 percent. The report provided detailed plans and recommendations to prevent slope instability. There is no Federal funding involved in the planning, construction, and installation of the City of Ashland waterline extension project. The funding is 100 percent city funds. Local land use codes and regulations do not regulate specific species or their habitat. Further, the limited excavation area and substantial retention of the site in a natural state should not adversely impact wildlife habitat following completion of the project. The final comment received also addressed the tinning of the 14 -day window public review hindering the public review; issues with the City's online GIS mapping system, and general inquiries and recommendations about the project scope including wildfire buffers and fire hydrant installation. Comments addressing the project scope and wildlife buffers were addressed via email response to the applicant on January 4, 2024. In general, city staff concurs with comments that noticing periods associated with city projects should avoid end of the year holiday periods and these comments and recommendations will be considered in future noticing. PA -TI -2023-00221 Morton / Ivy Waterline /jnc Page 5 Conclusions The applicant has submitted a detailed set of findings addressing each of the relevant approval criteria, and by its reference is incorporated herein as if set out in full. The proposal, with the conditions of approval listed below, meets the requirements of the Physical and Environmental Constraints chapter for hillside development, severely constrained lands, and the relevant design standards. The criteria for a Physical and Environmental Constraints Review Permit are described in the Physical and Environmental Constraints Chapter, 18.3.10.050, as follows: A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum development permitted by this ordinance. Staff finds that Planning Action #T1-2023-00221, a request for a Physical and Environmental Constraints permit including tree removal, complies with all applicable city ordinances with the imposition of the conditions attached below. Therefore, Planning Action T1-2023-00221 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action T1-2023-00221 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) Prior to any site work, including storage of materials, tree protection and temporary sediment and erosion control measures (i.e. silt fence, bale barriers, biobags or similar approved materials) shall be installed according to the approved plan. Sediment and erosion control devices shall be inspected and maintained throughout construction. 3) That all post construction erosion control measures shall be installed and inspected per plans provided. Hydroseeding shall be installed on site in accordance with the supplier's specifications. 4) That the Planning Director grants a modification to the project start date as allowed in AMC 18.3.10.090.B. The modification that no excavation or land disturbance shall be permitted until May 1 unless the Planning Director grants an extension has been modified and approved to the project start date of March 1 as proposed and requested by the Public Works Department. During the modified work window, construction PA -T1-2023-00221 Morton / Ivy Waterline /jnc Page 6 activities shall pause during inclement weather events such as heavy rainfalls. Erosion and sediment control devices shall be inspected and maintained during such periods. 5) General Fuel Modification Area fuel reduction plan addressing the requirements in .AMC 18.3. 10. 100 .13 shall be provided prior to bringing combustible materials onto the property if deemed necessary by the Fire Marshall 6) Construction staging areas shall be restored to their natural state and stabilized through approved erosion control measures identified in the application. Brandon Goldman, Director° Department of Community Development January 12, 2024T Date PA -T1-2023-00221 Morton / Ivy Waterline Ijnc Page 7 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 January 12, 2024, 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for the Planning Action #PA -T1-2023- 00221 for Ivy -Morton Waterline. Rw" X Signature of Employee G:leamm-dev plannfnglPlanning AdonsTAs by Strea llvyUvy_MortonUvy-Merton Watedine_PAT1-2023-002211NoUciagNODlive-Moron_PA TS -2024-00221 AFFIDAMT OF MAILING_Regan.docx 171212024 AVERY.:— 5160 PA-T1-2023-00221391E16AC424 ALLISON SUSANN CLARK TRUST ET PO BOX 727 ASHLAND, OR 97520 PA-T1-2023-00221391E16AC420 CONNER JUDY /TOM BESICH 880 MORTON ST ASHLAND, OR 97520 PA -Tl -2023-00221 3 91 E 16A D 5 201 DIM ITRE THOMAS N & KATHERINE 901 BEACH ST ASHLAND, OR 97520 PA-T1-2023-00221391E16AD5601 FEINSM ITH IESSCIA ET AL 813 BEACH ST ASHLAND, OR 97520 PA-T1-2023-00221391E16AC422 IZADPANAH ALI REZA/LISA BETH 910 MORTON ST ASHLAND, OR 97520 PA -TI -2023-00221 3 91 E 16AD5109 LAMORE THOMAS J/LINDA E 784 OAK ST ASHLAND, OR 97520 PA -T1-2023-00221 391E16AD5800 NARUM MILDRED I 809 BEACH ST ASHLAND, OR 97520 PA -T1-2023-00221 3 91 E16AC423 PARK ESTATES ASSOCIATION INC PO BOX 72 ASHLAND, OR 97520 PA -Tl -2023-00221 3 91 E 16A D 5108 SCOTT CHRISTOPHER L TRUSTEE E 1857 PACHECO BLVD MARTINEZ, CA 94553 PA -T1 -2023-00221391E 16AD5700 TEKER SUN[ S ET AL 811 BEACH ST ASHLAND, OR 97520 Easy Pee! Address Labels Bend along lige to expose Pop-up Edge PA-T1-2023-00221391E16AC100 BAXTER JOHN R ET AL 831 LIBERTY ST ASHLAND, OR 97520 PA -T1-2023-00221 391E16AC411 DE LAMATER ANNE PO BOX 282 ASHLAND, OR 97520 PA -T1-2023-002213 91 E16AC440 DUGGAN PATRICIA A TRUSTEE ET 925 MORTON ST ASHLAND, OR 97520 PA -T1-2023-00221 391 E16AC406 BUCCINA JUNE 784 LISA LN ASHLAND, OR 97520 PA -T1 -2023-00221391E 16AC426 DEMATTEI RANDALL J TRUSTEE ET 932 MORTON ST ASHLAND, OR 97520 PA -T1-2023-00221391 E161000 FADER CLARA L 338 HOLLY ST ASHLAND, OR 97520 PA-T1-2023-00221391E16AC405 PA-T1-2023-00221391E16AC400 HASART RAYMOND AND ANITATRUS HAWK MEGAN/PAUL 800 LISA LN 836 MORTON ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2023-00221 391E16AC419 KNOROSKI JOHN J TRUSTEE 864 MORTON ST ASHLAND, OR 97520 PA-T1-2023-00221391E16AC421 LITTMAN-SCHNOBRICH FAMILY TRU 898 MORTON ST ASHLAND, OR 97520 PA-T1-2023-00221391E16AD5500 NICKELS JAC 821 BEACH ST ASHLAND, OR 97520 PA -T1-2023-00221391 E16AC425 QUINN DAN/LESLEY 922 MORTON ST ASHLAND, OR 97520 PA-T1-2023-00221391E16AC441 STOCKING HOLLY TRUSTEE ET AL 1421 BRUCE AVE GLENDALE, CA 91202 PA -Tl -2023-00221 391E 16AC418 THOMAS MICHAEL DORSEY TRUSTEE 828 WATERLINE RD ASHLAND, OR 97520 tti• - • adresse Easy Peel' PA -T1-2023-00221 391E16AC201 LA PLANTE RICHARD 855 LIBERTY ST ASHLAND, OR 97520 PA -T1-2023-00221 391E 16AC404 NADLER KENNETH MARK TRUSTEE E 2632 HERITAGE PARK CIR SAN JOSE, CA 95132 PA -T1-2023-00221 391 E16200 PALEN MARGARET K PO BOX 1528 CLATSKANIE, OR 97016 PA -T1-2023-00221391 E16AC403 RIEDL FAMILY TRUST ET AL 799 LISA LN ASHLAND, OR 97520 PA-T1-2023-00221391E16AD5600 SUNCREST HOMES LLC PO BOX 1313 TALENT, OR 97540 PA-T1-2023-00221391E16AD5300 THUSIUS DARWIN/ANGELIKA 897 BEACH ST ASHLAND, OR 97520 avery.ca/gabarits l PA -T1-2023-00221 MR. ADKINS 1435 ESPLANADE AVE KLAMATH FALLS, OR 9760 PA -T1-2023-00221 NOD 33 RMT 1.12.2021 I Etiquettes d'adresse Easy Peel' Allez a avery.ca/gabarits P—li— ; 1a harhi — afin rip rr>valpr 1p rPhorri Pon -un t Utilisez le Gabarit Aveiv 5160 ii Michael Sullivan From; Michael Sullivan Sent: Wednesday, January 03, 2024 11:13 AM To: Michael Sullivan Subject: FW: Planning Action PA -T1-2023-00221, Morton Street to West Ivy Lane 12" water line From: Tom Besich <tombesich@gmail.com> Sent: Tuesday, January 2, 2024 4:14:09 PM To: Jennifer Chenoweth <'ennifer.chenoweth ashland.or.us> Subject: Planning Action PA -T1-2023-00221, Morton Street to West Ivy Lane 12" water line [EXTERNAL SENDER] Hi Jennifer, Happy New Year. In response to the City's "Notice of Application", I have the following observations, comments, and recommendations. BTW, the general reaction I have heard from others is the timing of this 14—day window [Dec 19 to Jan 21 over the holida s appears to serious hinder public review. I strongly request that the City NEVER do this again. Following the Notice, I went to https://gis.ashland.or.us/developme.ntproposals/ where I encountered this "disclaimer": "The information on this website is provided and hosted by the City of Ashland, Oregon. Continued use of this website is conditional upon your explicit acceptance of the terms and [as?] set forth in this disclaimer document. The data provided herein may be inaccurate and/or out of date. Any person or entity who relies on this data for any purpose whatsoever does so solely at their own risk. Neither the City of Ashland, nor its employees or officers warrant the accuracy, reliability, nor timeliness of any of the data provided herein. This data is provided "as is" without warranty of any kind." City of ASHLAND emblem LI I agree to the above terms and conditions [ OK ] This does NOT build much confidence in the City's process. 1 I did NOT find "What's Happening in my City" -- just a box to enter an address. I entered " 391 E 1 6A #300" in multiple forms, and got "no result" every time. I then deleted that box, and moved to the underlying map to a flag in the general area of this property. I clicked on that flag which opened a box: "Planning Action" [same #]; "Location" [same as "Subject Property"]; "Applicant" [same as "Owner/Applicant"]; "Permit Details" [same as 1 st 2 sentences of "Description" ("A request for ... Ivy Lane right-of- way") ] "Start Public Comment Period" [same as "Notice of Complete Application", except included "12:00 AM"] "End Public Comment Period" [same as "Deadline for Submission of Written Comments" with "4=30 PM"] "Appeal Deadline" above 5 time period boxes [Notice, Comment Period, Decision, Appeal Period, and Closed]'. "Attachments: PA -T1-2023-00221 Applicant Submittal.pdf" and "PA -T1-2023-00021 Notice.pdf "Edited by april.lucas@AFNHE on 12/19/23 at 10:37 AM" and "Zoom to" I scrolled down the box to "attachments" and clicked on "Applicant Submittal.pdf" [56 page document titled "Ivy -Morton Waterline City of Ashland Project No. 2014-04"] . Bingo. Under "Findings of Fact" is this short summary of purpose: "Compliance Criteria The Morton/Ivy Waterline project is an approved component of the current Ashland Comprehensive Water Master Plan. It is intended to provide a water loop between South Fountain Avenue, via West Ivy Lane and Morton Street to increase water pressures, eliminate an existing dead -ended water system and to enable the City to remove ars existing outdated pump station. The pipeline will run through public land." [emphasis (in red) added] Too bad this was not on the notice we received. Note "through public land" implies this change/updating was added after the August 28, 2023 property purchase by APRC. Is everything else pretty much as was prepared several years ago? Under "D. Tree Conservation, Protection and Removal" the "Response" under "D.1" ["Inventory of Existing Trees"] on page 5 [of 561 includes this: "In addition, there is a 24" pine located near the intersection of Waterline and Morton (see photo) which is located near the intended path of the pipeline. It is likely that the root system for this tree will be damaged during construction leading to the need to remove it as a risk mitigation. When this 2 portion of the pipeline is excavated, City arborists will be consulted to determine if the tree should be removed post construction." In addition to this 24" pine there are 2 other smaller pines located on the City's Waterline Rd R/W [close to "ACE: 23" on page 17 (of 56)] that appear to be dying [significant top death] that likely will sustain root damage from the pipeline trenching just east of the subject 24" pine. City of Ashland Public Works should be required to remove these 2 pines as well. Also on page 5 [of 561, but under "D.2" ["Evaluation of Suitability for Conservation"], the "Response" includes this: "The public land property upon which the pipeline will be constructed is 17.79 acres with a fairly uniform cover of mostly oak and madrone trees and a scattering of fir trees. The property is uniformly steep with a south*— sloping grade of 15 to 36 percent. The 15 trees to be removed represent approximately I — percent of the existing tree canopy and the proposal will not result in a significant reduction in the tree population. There may, in fact, be a slight benefit in wildfire fuels reduction resulting from the tree removals especially in that the tree removals are all located along the easterly boundary of the property, providing a minor wildfire buffer area." [emphasis in red added] kisn't this north—sloping?] In light of exposure to wildfire demonstrated by the Almeda Fire [as well as recent devastating wildfires in California and Hawaii that have killed hundreds of people] City of Ashland Public works -- or APRC [the property owner] -- should be required [as part of this project] to create additional wildfire buffer areas all around this 17.79 acre parcel to demonstrate APRC's [and the City's] commitment to wildfire mitigation. As noted at the bottom of the "Response" to "D.3" also on page 5 [of 561, "The tree removals provide a wildfire buffer zone between residential properties to the east." This is repeated in numerous other Responses. The residential properties to the west and to the north of this 17.79 acre parcel also deserve such a wildfire buffer zone. Under "D.5" on page 6 [of 561 the City mentions "... standards for fuel reduction ... in Wildfire Lands. Does the City have "an approved Fire Prevention and Control Plan" and/or "a comprehensive fuels reduction strategy to implement a General Fuel Modification Area"? Please identify where we can obtain these documents and the dates when they were produced. Under "Construction Notes" on page 12 [of 561 item 8 reads "install fire hydrant assembly ..." and item 9 reads "install ... gate valve to fire hydrant (west)." 3 Will City of Ashland Public Works also be installing fire hydrants at multiple locations along Waterline lid Cas at the end of Ivy Lane] to aid in wildfire suppression? I certainly hope so. Will City of Ashland Public Works be installing valve that can be operated [remotely if necessary] during a wildfire? What is the status of installing multiple controls on the City's water system so that the water pressure and volume losses experienced in Talent during the Almeda Fire aren't repeated in a similar fire inside the City of Ashland? Thank you for including the public in this matter. look forward to your responses to my questions and recommendations. Tom Besich 880 Morton St 25 year Ashland resident 4 Michael Sullivan From: Susi Allison -Lama <stltigergaI@gmail.com> Sent: Tuesday, January 02, 2024 4:04 PM To: planning Subject: Comments Related to Planning Action: PA -T1-2023-00229 Attachments: PacificFisher.J PG [EXTERNAL SENDER] Subject Property: Morton Street to West Ivy Lane (391 E 16AC#300) Comments provided by Susann Allison, residentlowner of 918 Morton Street On 20 December 2023, 1 received the latest Notice of Application for the Planning Action identified above. Since taking ownership on 918 Morton in August 2018, this is not the first time a notice for the project has been received. This is at least the third time this project has come up for approval since 2014: Planning Action PA -2014-02045, and Planning Action PA -T1-2020-00133. Those were just two previous Planning Actions I could find for this same project. Perhaps there are more. I have two objections to how this is being managed: 1. Lack of information related to the project. In the mailing received on 20 December 2023, there is no background, no reasons, no justification provided for this project, no cost projections, no source of funding identified. What is it for, who does it benefit? The fact that this hasn't been completed the previous times, and even less information is made available for this PA, raises suspicion, which could have been avoided if contextual details had been provided (essentially demonstrating respect for homeowners who live nearby). Following the instructions on the flip side of the Notice of Application, I went to the URI., provided to review "the application, including all documents, evidence and applicable criteria" for this project, I entered my address into the "Near Me" search option to "Show results within Soo Feet" and got nothing, not even a mention of an Application. Are there as supporting documents for this project? 2. Inconvenient timing (yet again) to bring this Planning Action forward. As handled, the very inconvenient timing raises concerns that it has been deliberately submitted at the time of year where residents are most distracted, so that the proposed Planning Action will not be held to account. My additional concerns are of an environmental nature: 1. As it relates to the stability of the hilly section slated for the tree removal and placement of 300 feet of a 12 inch pipe on land with 35+degree slope, has there been an assessment that erosion won't follow, which could be exacerbated in excessive rains? The documentation provided addresses removal of a single tree not deemed to impact erosion, but the application is calling for 15 trees to be removed on a sloped area. It is a different matter when multiple trees are removed in a confined area. What assessment has been made? 2. As it relates to sensitive wildlife species, has any consideration been taken to accommodate the denning season for the Pacific Fisher? This was brought to our attention when FEMA funds were offered to us to mitigate some of the wildfire fuels on our property. We were advised that restrictions on using gas -powered tools from March 1 -July 15 would be in force in order to avoid Pacific Fisher denning season. Note: during the 2021-22 winter, our trail camera caught an image of a Pacific Fisher on 18 Jan 2022. See attached image. How is this being addressed with this proposed Planning Action, whether or not Federal funds are involved? Please advise next steps for presenting my concerns and questions regarding this Planning Action. Kind regards, Susann C. Allison 918 Morton Street Ashland, OR 97524 541-482-2453 S L AN" wm D, NOTICE OF APPLICATION PLANNING ACTION: PA -T1-2023-00221 SUBJECT PROPERTY: Morton Street to West Ivy Lane (391E 16AC #300) OWNERIAPPLICANT: Jason Strait for City of Ashland Public Works DESCRIPTION: A request for Physical and Environmental Constraints Review Permit for Hillside Lands to facilitate the construction of an approximately 300 -foot section of a 12 -inch water line that extends from Morton Street to Ivy Lane. The specific area subject to this review is the area west of the Ivy Lane right-of-way. The request includes Severe Constraints Review because portions of the property are greater than 35 percent slopes. The application also includes a request for a Tree Removal Permit to remove 15 living trees and several dead trees all between six to 18 -inches DBH. COMPREHENSIVE PLAN DESIGNATION: Rural Residential and Woodland Residential; ZONING: RR -.5 & WR; ASSESSOR'S MAP: 391 E 16AC; TAX LOT: 300 NOTICE OF COMPLETE APPLICATION: December 19, 2023 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: January2, 2024 T .a c ; t� < e r f 4,t , ii.. i... ,r E " E p CC � J a _4 COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 Fax: 541.552.2050 ashland.or.us TTY: 800.735.2900 a ASHLAND" 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 https://gis.ashland.or.us/develoi)mentproposals/. 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 a4ashland.or.us. Any affected property owner or resident has a right to submit written comments within the 14 -day comment period to planning cP,,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 abjection 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 Jennifer Chenoweth at 541-488-5305 or Jennifer.chenoweth(Washland.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 18.5.1.050 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. 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 18A 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 18.5.7.050. 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: 541.552.2050 ashland.or.us 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 December 19, 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 the Planning Action #PA -T1-2023- 00221 for Ivy -Morton Waterline 391El6AC TL300 R�w X ?i�w Signature of Employee G.1comm-devV1anningT1anntng Adonsfts by SheeNllvytivy_Mortodvy-Morton Waterline_PA-Tl-2023-002214Nokcfnglvy-Morton Watedine_PA-T1-2023-00221}1FFIDAVIT OF MAILING.dou 12118/2023 T PA-T1-2023-00221 391 E16AC424 ALLISON SUSANN CLARK TRUST ET PO BOX 727 ASHLAND, OR 97520 PA-T1-2023-00221391E16AC420 CONNER JUDY F TRUSTEE ET AL 880 MORTON ST ASHLAND, OR 97520 PA -T1-2023-00221 391E16ADS201 DIMITRE THOMAS N & KATHERINE 901 BEACH ST ASHLAND, OR 97520 PA -T1-2023-00221 391E16AD5601 FEINSM ITH J ESSCIA ET AL 813 BEACH ST ASHLAND, OR 97520 PA -T1-2023-00221 3 91 E 16AC42 2 IZADPANAH ALI REZA/LISA BETH 910 MORTON ST ASHLAND, OR 97520 PA -T1-2023-00221 391E16AD5109 LAMORE THOMAS J/LINDA E 784 OAK ST ASHLAND, OR 97520 PA -Tl -2023-00221 391E16ACIOO BAXTER JOHN R ET AL 831 LIBERTY ST ASHLAND, OR 97520 PA-T1-2023-00221391E16AC411 DE LAMATER ANNE PO BOX 282 ASHLAND, OR 97520 PA-T1-2023-00221391E16AC440 DUGGAN PATRICIA A TRUSTEE ET 925 MORTON ST ASHLAND, OR 97520 PA -TI -2023-00221 391E16AC406 BUCCINAJUNE 784 LISA LN ASHLAND, OR 97520 PA-T1-2023-00221391E16AC426 DEMATTEI RANDALLJ TRUSTEE ET 932 MORTON ST ASHLAND, OR 97520 PA -Tl -2023-00221 3911=161000 FADER CLARA L 338 HOLLY ST ASHLAND, OR 97520 PA-T1-2023-00221391E16AC405 PA-T1-2023-00221391E16AC400 HASART RAYMOND AND ANITATRUS HAWK MEGAN/PAUL 800 LISA LN 836 MORTON ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2023-00221391E16AC419 PA-T1-2023-00221391E16AC201 KNOROSKI JOHN J TRUSTEE LA PLANTE RICHARD 864 MORTON ST 855 LIBERTY ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2023-00221391E16AC421 PA-Tl-2023-00221391E16AC404 1 LITTMAN-SCHNOBRICH FAMILY TRU NADLER KENNETH MARK TRUSTEE E 898 MORTON ST 2632 HERITAGE PARK CIR j ASHLAND, OR 97520 SAN JOSE, CA 95132 PA-T1-2023-00221391E16AD5800 PA-T1-2023-00221391E16AD5500 PA -T1 -2023-00221391E16200 NARUM MILDRED I NICKELS JAC PALEN MARGARET K 809 BEACH ST 821 BEACH ST PO BOX 1528 ASHLAND, OR 97520 ASHLAND, OR 97520 CLATSKANIE, OR 97016 PA -T1-2023-00221 391E16AC423 PARK ESTATES ASSOCIATION INC PO BOX 72 ASHLAND, OR 97520 PA -T1-2023-00221 391E16ADS108 SCOTT CHRISTOPHER LTRUSTEE E 1857 PACHECO BLVD MARTINEZ, CA 94553 PA -T1 -2023-00221391E 16AD5700 TEKER SUNT S ET AL 811 BEACH ST ASHLAND, OR 97520 i PA -T1-2023-00221 391E 16AC425 QUINN DAN/LESLEY 922 MORTON ST ASHLAND, OR 97520 PA -T1-2023-00221 391E 16AC441 STOCKING HOLLY TRUSTEE ET AL 1421 BRUCE AVE GLENDALE, CA 91202 PA-T1-2023-00221391E16AC418 THOMAS MICHAEL DORSEY TRUSTEE 828 WATERLINE RD ASHLAND, OR 97520 PA -T1-2023-00221391 E16AC403 RIEDL FAMILY TRUST ET AL 799 LISA LN ASHLAND, OR 97520 PA -T1-2023-002213 91E 16AD5600 SUNCREST HOMES LLC PO BOX 1313 TALENT, OR 97540 PA -T1-2023-00221 391E 16AD5300 THUSIUS DARWIN/ANGELIKA 897 BEACH ST ASHLAND, OR 97520 T-7-1 ..Easy Peel'. Address L�bels. AVERYit M= PA-T1-2023-00221391E16AD5107 PA-T1-2023-00221391E16AD5200 PA -T1-2023-00221 WELLES RANDAL TRUSTEE ET AL WILLUMSEN HAZER ADRIANA/KEN MR. ADKINS 260 SHERIDAN ST 911 BEACH ST 1435 ESPLANADE AVE ASHLAND, OR 97520 ASHLAND, OR 97520 KLAMATH FALLS, OR 97601 PA -T1-2023-00221 NOC 12.19.2023 RMT 33 II I I I I - i i I I { E � I I � Ilk I i k I I �¢ @ G 5, fl A F e pp C g R ' � s T �. - i Planning Division 51 Winburn Way, Ashland OR 97520 Phone: 541-488-5305 Fax: 541-488-6006 ZONING PERMIT APPLICATION Email: Planning@ashland.or.us FILE # DESCRIPTION OF PROJECT Ivy Morton Waterline Project 2094-04 DESCRIPTION OF PROPERTY Street Address Waterline Rd Assessor's Map No, 391 E 16 AC zoning RR - .5, WR APPLICANT Name Jason Strait Pursuing LEEDO Certification? ❑ YES ❑ NO Tax Lot(s) 300 Comp Plan Designation Phone x2499 E -Mail jason.strait@ashland.or.us Address 51 Winburn Way.Ashland City PROPERTY OWNER Name City of Ashland Phone E -Mail Address City zip 97520 SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Engineer Name Adkins Phone E -Mail 541-884-4666 DScalas@adkinsenginering.com Address 1435 Esplanade Ave Title Name Address Phone city Klamath Falls City E -Mail Zip 97601 Zip I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct 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 furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that alf structures or improvements are properly located on the ground. Failure in thi 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 my expense, if_L�ave any doubts, t am advised to seek competent professional advice and assistance. AppliCan 's Signature Date As owner of the property involved in this request, f have read and understood the complete application and its consequences to me as a property owner. Property Owner's Signature (required) [To be mmpE W by Cly SIA Date Received Zoning Permit Type. Date Filing Fee OVER N G:% nun-devlplammn,T0mjs$HandanlstZ,oning Pent Application-doc Ivy -Morton Waterline City of Ashland Project No. 2014-04 Findings of Fact Compliance Criteria The MortonfIvy Waterline project is an approved component of the current Ashland Comprehensive Water Master Plan. It is intended to provide a water loop between South Mountain Avenue, via West Ivy Lane and Morton Street to increase water pressures, eliminate an existing dead -ended water system and to enable the City to remove an existing outdated pump station. The pipeline will run through public land. This application will demonstrate compliance with AMC Chapter 18.3.10, the `Physical and Environmental Constraints overlay,' including sections 18.3.10.090 the `Development Standards for Hillside Lands' and section 18.3.10.110 the `Development Standards for Severe Constraint Lands.' While thiswaterline construction project involves the alteration of land at the threshold levels of 18.3.10.020 'Applicability' to require a Physical and Environment Constraints Review permit, it does not involve the construction of buildings, roads, driveways, parking or other structures and as such the application of the Development Standards is somewhat limited. This application will demonstrate that the project will occur in such a manner as to protect the natural and topographic character of the area, environmental resources, aesthetic qualities of the land, and the public health, safety and general welfare by insuring that the project does not create soil erosion, sedimentation of lower slopes, slide damage, flooding problems or severe cutting or scarring, and to allow for reasonable use that complements the natural and visual character of the City. AMC 18.3.10.090 Development Standards or Hillside lands A. General Requirements. The following general requirements shall apply in Hillside Lands. Buildable Area, All development shall occur on lands defined as having buildable area. Slopes greater than 35 percent shall be considered unbuildable except as allowed below. Exceptions may be granted to this requirement only as provided in subsection 18.3.10.090.11. Existing parcels without adequate buildable area less than or equal to 35 percent shall be considered buildable for one unit. Existing parcels without adequate buildable area less than or equal to 35 percent cannot be subdivided or partitioned. Response: The development within hillside lands is limited to an underground 12 -inch ductile iron water pipeline. The pipeline will be constructed in a straight line down the slope and will require no permanent landings, staging areas or extensive clearings. This portion of the project is located within lands owned by Ashland Parks and Recreation (Tax Lot 300,00 391E16AC, subsequently referred to as public land). Building Envelope. All newly created lots either by subdivision or partition shall contain a building envelope with a slope of 35 percent or less. Response: This standard does not apply as the proposal does not involve the creation of new lots through subdivision or partition. New Streets and Driveways. New streets, flag drives, and driveways shall be constructed on lands of less than or equal to 35 percent slope with the following exceptions. The street is indicated on the Street Dedication map. The portion of the street, flug drive, or driveway on land greater than 35 percent slope does not exceed a length of loo feet. Response: No new streets, flag drives, or driveways will be constructed under this project, An accessway will he required extending Ivy Lane to, and extending into public land to allow trench excavation and pipe installation. This accessway will be kept within the Ivy Lane ROW. This accessway will confirm to AMC cut and fill requirements and will have erosion control netting installed. After cousultation with Parks and Rec the accessway may remain as the area is frequently trafficked (see photos, Exhibit A) and it may be desired to incorporate it into the trail plan. Geotechnical Studies. Far all applications on Hillside Lands involving subdivisions or partitions, the following additional information is required: A geotechnical study prepared by a geotechnical expert indicating that the site is stable for the proposed use and development. The study shall include the following information. a. Index map. b. Project description to include location, topography, drainage, vegetation, discussion of previous work and discussion of field exploration methods. C, Site geology, based on a surficial survey, to include site geologic maps, description of bedrock and surficial materials, including artificial fill, locations of any faults, folds, etc., and structural data including bedding, jointing and shear zones, soil depth, and soil structure. d. Discussion of any off-site geologic conditions that may pose a potential hazard to the site, or that may be affected by on-site development. e. Suitability of site for proposed development from a geologic standpoint. f. Specific recommendations for cut and fill slope stability, seepage and drainage control, or other design criteria to mitigate geologic hazards. g. If deemed necessary by the engineer or geologist to establish whether an area to be affected by the proposed development is stable, additional studies and supportive data shall include cross-sections showing subsurface structure, graphic logs with subsurface exploration, results of laboratory test and references. h. Signature and registration number of the engineer and/or geologist. L Additional information or analyses as necessary to evaluate the site. j. Inspection schedule for the project as required in 18.3.10.090.8.9. k. Location of all irrigation canals and major irrigation pipelines. Response: The proposal does not involve subdivision or partition, but some work will be done on slopes in excess of 35% (36%) triggering a Geotechnical evaluation. The Public Works Department contracted with Applied Geotechnical Engineering and Geologic Consulting to complete this evaluation (attached as Exhibit Q. Finding of this evaluation include "construction of the waterline will not increase the risk of slope instability or substantially change surface water or groundwater conditions." Additionally, this report favors straw waddles vs. the rock check dams shown on the plans. The Public Works Dept. will implement the recommendations in the evaluation including the recommendations on straw waddles. Hillside Grading and Erosion Control. All development on lands classified as Hillside shall provide plans conforming the following items. 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. Response: Cut and fall will only be required along the ROW of Ivy Street extending to public lands and will nut be intended for vehicular traffic after pipeline construction. Along the Ivy Lane alignment and then downslope to Waterline Road, a single two -tout wide by four -and -a -halt foot deep trench will be excavated with a tracked excavator. The 12 -inch ductile iron pipe will be placed in six -inches of/, -minus crushed rock in the trench bottom as pipe bedding. Additional '/a -minus crushed rock will be placed around the pipe zone to a depth of six - inches over the pipe top. The remainder of the trench will be back-filled with select native excavated material in an effort to establish a condition as close to the original site as possible. Backfill material will he compacted to 95 percent density to prevent settling of the trench proper. The trench area and all other disturbed areas will be re -seeded by hydro -seeding with a mixture of grass seed, fertilizer and a tackifter to hold the mixture in place on the steep grade. Straw wattles will also be placed at approximately 25 -foot intervals across the excavated areas to prevent erosion resulting from surface run-off. Erosion control details are shown in greater detail on the plans included with the application. Timing of improvements. For development other than single family homes on individual lots, all grading, drainage improvements, or other land disturbances shall only occur from May 1 to October 31. Excavation shall not occurduring the remaining wet months of the year. Erosion control measures shall be installed and functional by October 31. Up to 30 day modifications to the October 31 date, and 45 day modification to the May 1 date may be made by the Planning Director, based upon weather conditions and in consultation with the project geotechnical expert. The modification of dates shall be the minimum necessary, based upon evidence provided by the applicant to accomplish the necessary project goals. Response: The Ashland Public `Yorks Department has indicated a start date for this project of March 2024, with an estimated completion date of June 2024. IIowever, work will be paused if wet conditions are substantial enough to cause damage to the site. Retention in natural state. On all projects on Hillside Lands involving partitions and subdivisions, and existing lots with an area greater than one-half acre, an area equal to 25 percent of the total project area, plus the percentage figure of the average slope of the total project area, shall be retained in a natural state. Lands to be retained in a natural state shall be protected from damage through the use of temporary construction fencing or the functional equivalent. For example, on a 25,000 square feet lot with an average slope of 29 percent, 25%+29%=54% of the total lot area shall be retained in a natural state. The retention in a natural state of areas greater than the minimum percentage required here is encouraged. Response: The public lands parcel is 17.79 acres or 774,932 square feet in size. The construction area is approximately 6,000 square feet, or less than one percent of the total area. Most ofthe 17.79 -acre parcel is undisturbed lowerelevationwoodlandsivith thepredominant tree species beingoaks and madrones with a few scattered conifers. The tree canopy is open enough to allow a variety of grasses among the trees. This project will re-establish a similar growth of grass and will maintain an appearance similar to that prior to the construction, however no trees are proposed to be planted within ten feet of either side of the waterline to provide for future pipeline maintenance and access. Grading - Cuts. On all cut slopes on areas classified as Hillside Lands, the following standards shall apply. Cut slope angles shall he 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 he laid back (1:1 or less steepj, the slope shall be protected with erosion control getting or structural equivalent installed per manufacturers specifications, and revegetated. 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. See Figure 18.3.10.090.B.4.b. 'Cut and FIJI 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. See Figure 18.3.10.090.B.c. Stepped Foundations.' 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. Response: Cuts will cow ply with AMC requirements. 5. Grading - Fill. On ali 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 tae of the fill slope area not utilizing structural retaining shall be a minimum of six feet from the nearest property line. b. Fill slopes sholl 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. 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. 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 he required indicating long-term viability of the proposed vegetation for the purposes of erosion control on disturbed areas. Response: Fill slopes will comply with AMC requirements. 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. Response. Revegetation shall take place as described in the erosion control plan and special provisions (see Exhihits D and E). 7. Maintenance, Security, and Penalties far 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 al1 areas which have been disturbed, including public rights-af--way. The applicant shall provide evidence indicating the mechanisms in place to ensure maintenance of measures. b. Security. Except for individual lots existing prior to January 1, 1998, after an Erosion Control Plan is approved by the hearing authority and prior to construction, the applicant shall provide a performance bond or other financial guarantees in the amount of 120 percent of the value of the erosion control measures necessary to stabilize the site. Any financial guarantee instrument proposed, other than a performance bond, shall be approved by the City Attorney. The financial guarantee instrument shall be in effect for o period of at least one year, and shall he released when the Community Development Director and Public Works Director determine, jointly, that the site has been stabilized. All or a portion of the security retained by the City may be withheld for a period up to five years beyond the one year maintenance period !fit has been determined by the City that the site has not been sufficiently stabilized against erosion. Response: Erosion control measures for this project consist of straw waddles, silt fences, stormdrain inlet protection and hydra -seeding to re- establish a natural grass groundcover similar to what presently exists. Due to the rural and steep nature of the site, the grass cover will be left to naturally propagate without benefit of irrigation or other cultivation. Erosion control details are found in the attached Erosion Control plan as well as the Geotechnical evaluation labeled Exhibit C. On slopes exceeding 30%, straw waddles will be placed perpendicular to the disturbance and spaced at 30 foot intervals. These wattles will extend 2 feet beyond the disturbance areas and will alternate direction to evenly distribute any potential surface water present, Wattles will be securely staked in place and remain after construction. The wattles will eventually bio -degrade after the grass and ground cover have been established. Regardless of slope, all areas along the pipeline alignment will have silt fencing and/or straw waddles present on the downhill side of construction. This parcel was created prior to January 1, 1998, and as such is riot subject to a financial guarantee requirement for the erosion control measures, however it will be subject to periodic inspection and maintenance by the City of Ashland's Public Works Departmeut. 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 far providing vehicular access to the pad. b. Avoid hazardous or unstable portions of the site. C. Avoid 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. Pods 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. Response: As this project is not a residential development, no terraces, building pads, level areas or permanent vehicular accesses will be constructed. There are no hazardous or unstable areas within the pipeline construction area. 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. Response: Although this project is not a residential development or subject to a certificate of occupancy, it will be subject to submittal of As -Built Drawings by the project engineer and acceptance by the City Engineer. These As -Built Drawings and associated documentation will indicate that the project was built according to the approved engineered plans, or detail any changes that might have been necessary during the course of construction. C. Surface and Groundwater Drainage. Ali development on Hillside Lands shall conform to the following standards. 1. All facilities for the collection of stormwater runoffsholl be constructed on the site and according to the following requirements, a. Starmwater facilities shall include storm drain systems associated with street construction, facilities for accommodating drainage from driveways, parking areas and other impervious surfaces, and roof drainage systems, b, stormwaterfocilities, when part of the overall site improvements, shall be, to the greatest extentfeasible, the first improvements constructed on the development site. C. Starmwater facilities shall be designed to divert surface water away from cut faces or sloping surfaces of a fill, d. Existing natural drainage systems shall be utilized, as much as possible, in their natural state, recognizing the erosion potential from increased storm drainage. e. Flow -retarding devices, such as detention ponds and recharge berms, shall be used where practical to minimize increases in runoff volume and peak flow rate due to development. Each facility shall consider the needs for an emergency overflow system to safely carry any overflow water to on acceptable disposal point. f. Stormwater facilities shall be designed, constructed and maintained in a manner that will avoid erosion on-site and to adjacent and downstream properties. g. Alternate stormwater systems, such as dry well systems, detention ponds, and leach fields, shall be designed by a registered engineer or geotechnical expert and approved by the Public Works Department or Building Official. Response: This project will Create no new impervious surfaces or areas that will require constructed drainage facilities to move stormwater run-off from the site. By using check dams, wattles and hydro -seeding of all disturbed areas, permeable conditions will be maintained to minimize any possible run-off. D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall conform to the following requirements: 1. inventory of Existing Trees. A tree survey at the same scale as the project site plan shall be prepared, which locates all trees greater than six inches diameter at breast height (DBH) Identified by DBN, species, approximate extent of tree canopy. In addition, for areas proposed to be disturbed, existing tree base elevations shall be provided. Dead or diseased trees shall be identified. Groups of trees inclose proximity (i.e., those within five feet of each other) may be designated as a clump of trees, with the predominant species, estimated number and average diameter indicated. All tree surveyssholl have an accuracy of plus or minus two feet. The name, signature, and address of the site surveyor responsible for the accuracy of the survey shall be provided on the tree survey. Portions of the lot or project area not to be disturbed by development need not be included in the inventory. Response: There are 15 living trees to be removed within the construction area, ranging in size from 6 to 18 inches along with numerous dead standing trees. A tree removal survey is attached which more clearly shows the location, size and type of each tree scheduled for removal, this schedule is labeled Exhibit 13. The largest tree proposed for removal is an 18" madrone. All trees will be removed in entirety to allow for the sub -surface pipeline. In addition, there is a 24" pine located near the intersection of Waterline and Morton (see photo) which is located near the intended path of the pipeline, it is likely that the root system for this tree will be damaged during construction leading to the need to remove it as a risk mitigation. When this portion of the pipeline is excavated, City arborists will be consulted to determine if the tree should be removed post construction. 2. Evaluation of Suitability for Conservation. All trees indicated on the inventory of existing trees shall also be identified as to their suitability for conservation. When required by the hearing authority, the evaluation shall be conducted by a landscape professional. The following factors shall be included in this determination. a. Tree Health. Healthy trees can better withstand the rigors of development than non -vigorous trees. b. Tree Structure. Trees with severe decayor substantial defects are more likely to result in damage to people and property. C. Species. Species vary in their ability to tolerate impacts and damage to their environment. d. Longevity. Potential longevity. e. Variety. A variety of native tree species and ages. f Size. Large trees provide a greater protection for erosion and shade than smaller trees. Response: The public land property upon which the pipeline will be constructed is 17.79 acres with a fairly uniform cover of mostly oak and madrone trees and a scattering of fir trees. The property is uniformly steep with a south -sloping grade of 15 to 36 percent. The 15 trees to be removed represent approximately V -percent of the existing tree canopy and the proposal will not result in a significant reduction in the tree population. There may, in fact, be a slight benefit in wildfire fuels reduction resulting from the tree removals especially in that the tree removals are all located along the easterly boundary of the property, providing a minor wildfire buffer area. Due to the need for possible future waterline maintenance and access, it is not practical to replant trees where the 15 trees are to be removed. The remaining property has a dense enough tree population that additional tree planting would not be warranted. 3. Tree Conservation In Project Design. Significant conifer trees having a trunk 18 caliper inches or larger in diameter at breast height (DBH), and broadleaf trees having a trunk 12 caliper inches or larger in diameter at breast height (DBH), shall be protected and incorporated into the project design whenever possible. a. Streets, driveways, buildings, utilities, parking areas, and other site disturbances shall be located such that the maximum number of existing trees on the site are preserved, while recognizing and following the standardsforfuef reduction if the development is located in Wildfire Lands. fSee Figure 18.3.10.090.0.3.a. Site Planning for Tree Preservation.) b. Building envelopes shall be located and sized to preserve the maximum number of trees on site while recognizing and following the general fuel modification standards if the development is located in Wildfire Lands. C, Layout of the project site utility and grading plan shall avoid disturbance of tree protection areas. Response: Other than the 15 trees listed for removal and the ane questionable 24" pine, there are no significant trees within the construction area. The construction corridor proposed is a 20 -foot wide easement adjacent to the easterly boundary of the public lands. This also is the most practical location for the pipeline placement and resulting tree removals for the following reasons: a. The straight alignment limits the number of trees encountered. b. The area is void of any significant trees. C. The tree removals provide a wildfire buffer zone between residential properties to the east. 4. Tree Protection. On ull properties where trees are required to be preserved during the course of development the developershall fallow the following tree protection standards. a. All trees designated for conservation shall 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, the applicant shall install tree protection fencing in accordance with &.4.5.030. Prior to any construction activity, the shall be inspected pursuant to section 8.4.5.030. b. Construction site activities, including but not limited to parking, material storage, soil compaction, and concrete washout, shall be arranged so os to prevent disturbances within tree protection areas. c. No grading, stripping, compaction, or significant change in ground elevation shall be permitted within the drip line of trees designated for conservation unless indicated on the grading plans, as approved by the City, and landscape professional. If grading or construction is approved within the drip -line, a landscape professional may be required to be present during grading operations, and shall have authority to require protective measures to protect the roots. Changes in soil hydrology and site drainage within tree protection areas shall be minimized. Excessive site run-off shall be directed to appropriate storm drain facilities and away from trees designated for conservation. Should encroachment into a tree protection area occur which causes Irreparable damage, as determined by a landscape professional, to trees, the project plan shall be revised to compensate for the loss. Under no circumstances shall the developer be relieved of responsibility far compliance with the provisions of this chapter. Response: The proposed construction will be very limited in its width due primarily to the steep grade of the property. The site does not provide any convenient locations to stockpile imported materials, crushed rack or pipe materials. The grade of the property dictates that all necessary material he stockpiled to the cast of the project site in the Ivy Lane right-of-way or to the northwest of the site on the existing Waterline Road accessway. The slope of the property is a self-limiting factor in the construction of the waterline and ensures that the disturbed area will be as narrow as possible. In ordinary residential construction it would be necessary to more closely follow the land's contours to reduce the grade of driveways, accessways and building sites. By choosing to construct the pipeline in a straight line in the shortest route possible the impact to existing adjacent trees is negated and the need to protect significant adjacent trees is greatly reduced. 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: a. The tree is located within the building envelope. b. The tree is located within a proposed street driveway, or parking area. C. The tree is located within a water, sewer, or other public utility easement. 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 subsection 18.3.10.090.D,2. 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. f. The tree is identified for removal as part of an approved Fire Prevention and Control Plan per subsection 18.3.10.100.A, or with the exception of significant trees the tree removal is recommended by the Fire Code Official, and approved by the Staff Advisor, as part of a comprehensive fuels reduction strategy to implement a General Fuel Modification Area consistent with subsection 183.10.100.8. Response: The tree removals are limited strictly to those within the 20 -foot wide waterline construction zone. 6. Tree Replacement. Trees approved for removal, with the exception of trees removed because they were determined to be diseased, dead, a hazard, or to comply with General Fuel Modification Area requirements, shall be replaced in compliance with the following standards: a. Replacement trees shall be indicated on a tree replanting plan. The replanting plan shall include all locations for replacement trees, and shall also indicate tree planting details. b. Replacement trees shall be planted such that the trees will in time result in canopy equal to ar greater than the tree canopy present prior to development of the property. (See Figure 18.3.10.090.0.6.b. Tree Planting Guideline). The canopy shall be designed to mitigate of the impact of paved and developed areas, reduce surface erosion, and increase slope stability. Replacement tree locations shall consider impact on the Wildfire Prevention and Control Plan. The hearing authority shall have the discretion to adjust the proposed replacement tree canopy based upon site-specific evidence and testimony. C. Maintenance of replacement trees shall be the responsibility of the property owner, Required replacement trees shall be continuously maintained in a healthy manner. Trees that die within the first five years after initial planting must be replaced in kind, after which a new five-year replacement period shall begin. Replanting must occur within 30 days of notification unless otherwise noted. Response: The applicaut requests that an E=xception to the Development Standards for Hillside Lands (AMC 18.3.10.090.11) be granted to the requirement to replace trees removed during construction for the following reasons: A. The parent property is already densely forested with trees similar to those to be removed. b. To plant trees within the construction corridor would inhibit the City's ability to access and maintain the waterline in future years. C. The tree removal constitutes only a '/-percent reduction in the total number of trees on the property. d. The removal ofthetrees intheconstructionareawiillereateawildfirebuffer zone between the property and the adjacent residential properties. e. Several dead trees will also be removed from the site, reducing wildfire risk Enforcement. a. All tree removal shall be done in accord with the approved tree removal and replacement plan. No trees designated for conservation shall be removed without prior approval of the City. b. Should the developer or developer's agent remove or destroy any tree that has been designated for conservation, the developer may be fined up to three times the current appraised value of the replacement trees and cost of replacement or up to three times the current market value, as established by a professional arborist, whichever is greater. Should the developer or developer's agent damage any tree that has been designated for protection and conservation, the developer shall be penalized $50.00 per scar. if necessary, a professional arborlst's report prepared at the developer's expense, may be required to determine the extent of the damage. Should the damage result in loss of appraised value greater than determined above, the higher of the two values shall be used. Response: The City of Ashland Public NVorhs Department acknowledge this section. 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. All newly created lots, either by subdivision or partition, shall contain building envelopes conforming to the following standards. G. The building envelope shall contain o buildable area with o slope of 35 percent or less. See Figure 18.3.10.090.E.I.a. Buildable Area b. Building envelopes and lot design shall address the retention of a percentage of the /at in a natural state as required in 18.3.10.090.6.3. C. Building envelopes shall be designed and located to maximize tree conservation as required in 18.3.10.090. D.3 while recognizing and fnflowing the standards for fuel reduction if the development is located in Wildfire Lands. d. It is recommended that building envelope locations should be located to avoid ridgeline exposures, and designed such that the roofline of a building within the envelope does not project above the ridgeline as illustrated in Figure 18.3.10.090,F1,d. 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. See Figure 18.3.10.090. E,2.a,i. 'Hillside Building Height/Permitted' and Figure 18.3.10.090.E.2.a.ii. 'Hillside Building Height/Not Permitted.' b. Cut buildings into hillsides to reduce effective visual bulk. I. Split pad or stepped footings shaft be incorporated into building design to allow the structure to more closely follow the slope. R. Reduce building mass by utilizing below grade rooms cut into the natural slope. C. A building step back shall he required on all downhill building walls greater than 20 feet in height, as measured above natural grade. Step -backs shall be o 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. See Figure 18.3.10.090.E.2.c. 'Downhill Building Step Back.' d. Continuous horizontal building planes shaft not exceed a maximum length of 36 feet. Planes longer than 36 feet shall include o minimum offset of six feet. See Figure 18.3.10.090.E.2.d. 'Horizontal Offsets.' 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. See Figure 18.3.10.090.E.2.c. f. It is recommended that roofs of lower floor levels be used to provide deck or outdoorspace for upper floor levels. The use of overhanging decks with vertical supports in excess of 12 feet on downhill elevations should be avoided. 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. 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. G. All newly created lots or lots modified by a lot line adjustment must include building envelopes containing a buildable areu 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. Response: Since this project does not involve the construction of a building, the construction of a foundation, or the creation of a new lot or the modification of an existing lot line, the previous few sections (E, F & G) do not apply. H. Exception to the Development Standards far Hillside Lands. An exception under this section Is notsubject to the variance requirements of Chapter 18.5.5 'Vorionces.' An application for an exception Is subject to the Type 1 procedure in section AMC 18.5.3.050 and maybe granted with respect to the Development Standards far Hillside Lands if the proposal meets all of the following criteria. L 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' and section 183,10.090 'Development Standards for Hillside Lands.' Response: The applicant requests that an Exception to the Development Standards for Hillside Lands (AMC 18.3.10.090.H) be granted to the requirement to replace trees removed during construction for the following reasons: a. The parent property is already densely forested with trees similar to those to he removed. b. To plant trees within the construction corridor would inhibit the City's ability to access and maintain the waterline in future years. c. The tree removal constitutes only a'/ -percent reduction in the total number of trees on the property. d. The removal of the trees in the construction area will create a wildfire buffer zone between the property and the adjacent residential properties. e. Several dead t•ecs will also be removed from the site, reducing wildfire risk In closing, the applicant, City of Ashland Public Works Department respectfully submit these findings in the hope that this project might be approved as shown on the various plans and exhibits, and that the requested val iance to plant additional trees may be granted. Attachments Exhibit k Site Photos Exhibit B: Tree Survey Exhibit C: Geotech nical Evaluation Exhibit 6; Construction Plans Exhibit E: Special Provisions END OF FINDINGS OF FACT Large Pine Near Morton and Waterline Looking Upslope from Waterline Along Pipe Alignment Toward Ivy i 7Q i0 �m �m z i " r x� Ae asva rbsvan n< 9XlLSiL•7N3RX1Rd •7NEA3hxnS •mXnG sea wrnE 00+1 Is 01.0 b+SZ tlls dBd (INtflliSlY 1 �A� L�1 •Y`t 1LlA� 1o92i Ya Y19Vi N1VwV113nksAV wYxwsi ssii --- m .I.NMY�O1i IRM aNI I[i3.9.YLY4 WOYCLIIiiYI��3SYPIPV IM 011LWYOSYtl3ii1fC3XIMVl Ae hl3hNrls 3Evd - RNVI AAI 011agNIS NOINOW a (1 � 99L � s�9av,9 i 1 3NV-1 AAI E ai:rnl 9centla7 r z _I I 41 ISL 7aMEMWMC MOM --Uj_-- _ - CL a (1 � 99L � s�9av,9 i 1 E ai:rnl 9centla7 Il _I I 41 ISL 7aMEMWMC MOM Fl`` a y �._..a.................. s$n R9s 2 3R n a. e p'—C4 t r �i�LC YIS 6 �- .raXif3 ...h aaaaaa��� aaaaaa...,ry naaar�^„a (1 � 99L � s�9av,9 i 1 E ai:rnl 9centla7 Il _I I 41 y �._..a.................. s$n R9s 2 3R n a. e p'—C4 t r �i�LC YIS 6 �- .raXif3 ...h aaaaaa��� aaaaaa...,ry naaar�^„a ppiied eotechnicai ngineering & Geologic Consulting September 1, 2020 City ofAshland Attention: Kevin Caldwell PMP 20 N Main Street Ashland, OR 97520 SUBJECT. GEOTECHNICAL AND GEOLOGIC EVALUATION, MORTON STREET TO IVY LANE WATERLINE, ASHLAND, OREGON At your request, Applied Geotechnical Engineering and Geologic Consulting LLC (AGEGC) has provided geotechnical and geologic evaluations of the proposed new waterline alignment for the City of Ashland. The approximate location of the waterline is shown on the Vicinity Map, Figure 1. Our work included a review of geologic and geoteelmical h formation for the project area, a ground level reconnaissance by a licensed geotechnical engineer/geologist, a review of the existing project plans and specifications, and engineering analyses. This report summarizes our work and provides our conclusions and recommendations for the design and construction of the new water line. Project Description The new waterline will extend between Morton Street and Ivy Lane on the southwestern side of Ashland. The civil engineering plans for the project were completed by the hardy Group, Inc. and are dated Tune 2015, Based on our review of the project plans, we understand the new waterline will be 12 in. Class 52 ductile iron with restrained joints, Based on the topographic information provided in the project plans, the majority of the aligmnent has relatively gentle slopes; however, between STA 25+17 and STA 27+96, the water line has a cbange in elevation of about 110 ti (a grade of about 40%). In this section, the waterline runs perpendicular- to the steep slope. Between STA 27+96 and STA 28+85, the alignment crosses the steep slope, roughly following the contour lime of elevation. Along these sections of the alignment, the plazas require the pipe to have a minimum cover of fi. The bedding and pipe zone backfill will consist of 314-iai.-minus aggregate base rock. The remainder of the trench will be backfilled with excavation spoils compacted to at least 95% of the maximum dry density as determined by ASTM D 598. Alignment Conditions A licensed geotechnical engineer/geologist from AGEGC completed several site visits to the project area in August 2020. Based on our observations at the site and our review of geologic information for this area, the alignment is underlain by granite. The granite is mantled with a variable thicluress layer of silt °f. x'x.. ? 5,.' %'i; c -.P �" 4�. t. ' �� £,�:i t. ��$ ��'i i� f �� d'�-f f.-e&i' [ n a j Morton to Ivy Waterline soil. Along the steep section of the alignment, the area is vegetated with grasses and scattered second growth trees. The ground surface is also covered with forest duff and wood debris including logs. Granite is exposed in the roadcuts for Ivy Lane at the southeastern terminus of the new waterline, The surficial granite is severely weathered to a silt soil and relatively soft. The silt is typically less than 2 fl thick in the cut. The granite becomes less weathered and harder with depth. In general, unweathered (hard) granite is not typically encountered in this area; however, remnants boulders of fresh granite may be locally present. The decomposed granite is easily eroded when disturbed by construction activities. In general, the steeper the slope, the shallower the depth to competent (hard) granite. On steeper slopes, the silt is thin or absent. Indications of shallow groundwater or seeps were not observed along this section of the alignment. In general, we anticipate that groundwater occurs at a depth of greater than 50 ft; however, perched groundwater will occur on top of the weathered granite during periods of heavy and/or continuous rainfall. Indications of deep-seated slope instability were not observed on the steeper slopes. The ground surface along this section of the alignment slopes uniformly down to the north. Typically, areas of slope instability have hummocky, irregular sloped ground surface. There is a slight risk of soil creep on the relatively steep slope, Soil creep is the gradual downslope movement of surface soils due to gravity. In general, soil creep is limited to the surficial soils and does not extend into the weathered granite. Erosion features were not observed on the steep slope. The granitic soils are easily eroded when disturbed. CONCLUSIONS AND RE' COMMENDATIONS The waterline alignment is underlain by silt soils (altered granite) over weathered (decomposed) granite. The slopes along the alignment are stable and have almost no risk of deep-seated slope instability. In our opinion, the most important geotechnicallgeologic risk associated with this project is erosion of the disturbed soils along the alignment. The highest risk of post -construction erosion along the alignment is along the steep section between STA 25+17 and STA 28+85. In our opinion, construction of the waterline will not increase the risk of slope instability or substantially change surface water or groundwater conditions, To reduce the risk of erosion along the alignment, we recommend that the surficial duffand organics from areas along the alignment that will be disturbed (primarily the trench and trench spoil stockpile areas) be stripped and pushed to one side of the alignment. The organics should not be significantly contaminated with surficial silt soils. The intent is to save the surficial organics to be spread over the disturbed area after the waterline is installed and backfilled. To reduce the concentration of surface water flows along the pipeline, we recommend straw wattles intended for erosion control be installed along sections of the alignment where grades are steeper than 30%. The wattles should be installed in conformance with the manufavtu,rer's rcoommendations. The wattles Should be Spaced every 30 ft, The watilr's should be alightly sloped to direct surface water away from the trench. The direction of the wattle slope should -2- Morton to Ivy Waterline alternate between adjacent wattles. The wattles should extend at least 2 ft past the area of surficial disturbance along the alignment. The main benefit of using wattles for erosion control is the ability to replace them if needed during wet winter and spring weather using hand labor (without equipment). After installation of the wattles, the native organic strippings should be uniformly spread over the exposed silt soil. Larger wood debris (such as logs larger than about 6 in. in diameter and stumps) may be used for the ground cover only where approved by the city. We anticipate that the southeastern end of the waterline that extends from the western end of Ivy Lane (STA 27+96 and STA 28+$5) will need a cut to provide a level bench to allow access of the construction equipment. Final cut slopes should be no steeper than I H: IV and excess excavation spoils should be removed from the site. Fill soils should not be placed on slopes steeper than 4H:1V. If the city requires it, compacted fill soils made be placed in the cut for the access road to grade the cut area to about original grades. The native organics should be placed on the fill slope as discussed above for the waterline in steep slope section. LIMITATIONS This report has been prepared to aid in the evaluation of the waterline and to assist the city in the design of this project. The scope is limited to the specific project and location described herein, and our description of the project represents our understanding of the significant aspects of the project relevant to the design and construction of the proposed Morton -Ivy waterline in southwestern Ashland, Oregon. In the event that any changes in the design and location of the project, as outlined in tlus report, are planned, we should be given the opportunity to review the changes and to modify or reaffinn the conclusions and recommendations of this report in writing. The conclusions and recommendations submitted in flus report are based on sources of information discussed in this report. If, during construction, subsurface conditions different from those described in this report are observed or encountered, we should be advised at once so that we can observe and review these conditions and. reconsider our recommendations where necessary. Please contact AGEGC if you have any questions or require additional information. 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