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HomeMy WebLinkAboutSkycrest_265_PA-T1-2020-00100CITY OF AS H L,AN D August 25, 2020 Notice of Final Decision On August 24, 2020, the Community Development Director approved the request for the following: Planning Action: PA-T1-2020-00100 Subject Property: 265 Skycrest Applicant: Rogue Planning for Devitt Payne Family Trust Description: A request for a Physical and Environmental (P&E) Constraints Review Permit and a Solar Setback Exception to allow the construction of a new Single Family Residence on Hillside Lands with Severe Constraints for the property at 265 Skycrest Drive. The requested Solar Setback Exception would allow shading of the property to the north at 390 Orchard Street greater than the shadow that would be cast by a six-foot fence along the property line; the neighbors at 390 Orchard Street have consented to the proposed shading. The application also includes requests for Exceptions to the Development Standards for Hillside Development Standards (AMC 18.3.10.090.E.2.c & E.2.d) to allow vertical walls up to 25-feet on a downhill elevation where the standard limits walls to 20-feet and to allow a continuous horizontal building plane longer than 36 feet without a six-foot offset (the wall proposed is 36' 8" with a two -foot offset), and an Exception to Street Standards to allow curbside sidewalks to be installed along the subject property's frontage. COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR-.5; MAP: 39 IE 08 AB; TAX LOT: 207. 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(6). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact Derek Severson in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305 51 Winburn Way Fax; 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 = www.ashland.orms I L SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any parry entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: l . Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.B. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5,1.050.G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time fog• Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content ofNotrce ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures, pursuant to section 18.5.1.060, subsections A --- E, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State band Use Board of Appeals, pursuant to ORS 197,805 - 197.960. COMMUNITY DEVELOPMENT DEPARTMENT Tel, 541488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 "�'' www.ash land .oniis OF� ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-T1-2020-00100 SUBJECT PROPERTY: 265 Skycrest Drive APPLICANT/OWNER: Rogue Planning for the Devitt Payne Family Trust DESCRIPTION: A request for a Physical and Environmental (P&E) Constraints Review Permit and a Solar Setback Exception to allow the construction of a new Single Family Residence on Hillside Lands with Severe Constraints for the property at 265 Skycrest Drive. The requested Solar Setback Exception would allow shading of the property to the north at 390 Orchard Street greater than the shadow that would be cast by a six-foot fence along the property line; the neighbors at 390 Orchard Street have consented to the proposed shading. The application also includes requests for Exceptions to the Development Standards for Hillside Development Standards (AMC 18.3.10.090.E.2.c & E.2,d) to allow vertical walls up to 25-feet on a downhill elevation where the standard limits walls to 20-feet and to allow a continuous horizontal building plane longer than 36 feet without a six-foot offset (the wall proposed is 36' 8" with a two foot offset), and an Exception to Street Standards to allow curbside sidewalks to be installed along the subject property's frontage. COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR-.5; MAP: 39 IE 08 AB; TAX LOT: 207 SUBMITTAL DATE: March 30, 2020 DEEMED COMPLETE DATE: June 30, 2020 STAFF APPROVAL DATE: August 24, 2020 DEADLINE TO APPEAL (4:30 p.m.): September 8, 2020 FINAL DECISION DATE (4:30 p.m.): September 8, 2020 APPROVAL EXPIRATION DATE: March 8, 2022 DECISION The application requests a Physical and Environmental (P&E) Constraints Review Permit and a Solar Setback Exception to allow the construction of a new Single Family Residence on Hillside Lands with Severe Constraints for the property at 265 Skycrest Drive, which is Lot 14 of the Skycrest Hills Subdivision, Phase II. The application includes requests for Exceptions to the Development Standards for Hillside Development Standards (AMC 183.10.090.E.2.c & E.2.d) to allow vertical walls up to 25-feet on a downhill elevation where the standard limits walls to 20-feet and to allow a continuous horizontal building plane longer than 36 feet without a six-foot offset (the wall proposed is 36' 8" with a two foot offset). The requested Solar Setback Exception would allow shading of the property to the north at 390 Orchard Street greater than the shadow that would be cast by a six-foot fence along the property line; the neighbors at 390 Orchard Street have consented to the proposed shading. The application also includes an Exception to Street Standards to allow curbside sidewalks to be installed along the subject property's frontage. PA-T1-2020-00100 265 Skycrest Driveldds Page 1 Subjeet Property The subject property is located on the west side of Skycrest Drive, south of the intersection of Skycrest Drive and Orchard Street. The property and the adjacent properties to the north, east and south were created as part of the Skycrest Hills Subdivision, a Performance Standards Subdivision which was platted in 1998. The subject property is zoned RR-.5, a Rural Residential zoning district with a 1/2-acre minimum lot size, and has an area of approximately 15,313 square feet (or 0.35 acres). The rectangular shaped lot here has roughly 136 lineal feet of frontage and a depth of approximately 144 feet. The property slopes away from the street, downhill to the west with an average slope according to the application of approximately 29.9 percent. A slope analysis has been provided with the application materials. There are no trees or other significant vegetation on the property. The parcel has an approved building envelope that was created at the minimum setbacks for the RR-.5 zone at the time of the subdivision; this building envelope provides a 20-foot front yard for garage, 15-foot front yard for the facade of the structure, ten -foot side yard setbacks and 15-foot rear yard setbacks. The building envelope as approved includes areas with slopes in excess of 35 percent. The adjacent Skycrest Drive right-of-way is 42 feet in width, and is improved with approximately 32-feet of pavement, curb and gutter along the frontage of the property. A fire truck `hammerhead' turn -around is located just to the south of the subject property, on the east side of Skycrest Drive. There are currently no sidewalks in place along the subject property's frontage. Proposal The application requests Physical & Environmental {P&E) Constraints Review Permit approval to allow the construction of a 2,892 square foot, single family residence, a 746 square foot garage with storage area, and a 267 square foot covered porch. The structure is proposed as a single -story with a basement. The footprint of the structure is identified as 2,855 square feet in area, and the driveway proposed is an additional 385 square feet. The proposed lot coverage is identified at 3,240 square feet. The proposal provides three required off-street parking spaces within the proposed garage. Due to the steep slope of the property, a reduced front yard setback is proposed, as allowed in AMC 18.2.5.060.A.3. as the lot's entire front yard area has slopes which exceed 25 percent. Some areas in the front yard area have slopes in excess of 40 percent. The proposed face of the garage is setback just over 13-feet from the front property line, where the code would allow for setback of ten feet. There are significant slopes across the property ranging between 26.1 percent to over 45 percent. The majority of the originally approved building envelope area the 3 5 percent, which is the current maximum slope to be considered buildable. The site's steepest slopes are nearest the street and on the southern portion of the property. The applicant emphasizes that these steep slopes, downhill from the street, in the most readily developable portions of the property create substantial challenges with respect to the need for construction upon retained fill while maintaining the necessary portions of the site in their natural state and satisfying the Development Standards for Hillside Lands. The applicant further notes that for the 15,313 square foot lot, 54.99 percent of the total lot area is required to be retained in its natural state. With the proposed layout, the reduced front -yard setback, and the limited use of terracing, the applicant emphasizes that the impacts to the hillside slopes have been limited and more than the required 54.99 percent has been retained in its natural state. PA-T1-2020-00100 265 Skycrest Drive/dds Page 2 The property's north slope, as calculated for solar setback purposes, is approximately six percent downhill to the north. However, the application explains that due to the property's sloping steeply away from the street, even with low-pitched, hipped gable roofline, reduced plate heights, and a substantial setback from the north property line, a solar setback waiver is still necessary. The shading of the affected property to the north is described by the applicant as "de minimis" in terms of its impacts to the property and extends less than two feet beyond the allowed shadow line. The portions of the adjacent property that will be shaded beyond the allowed shadow length are in an unbuildable area and will not impact the property's active or passive solar access. The adjacent property owners have agreed to the proposed Solar Setback Exception. The application further notes that a geotechnical report for the original subdivision was completed in the early 2000's, and that The Galli Group Engineering Consulting has provided a current, site -specific geotechnical report here which includes geotechnical and structural engineering review all of the proposal and recommendations for storm drainage, erosion control and long-term maintenance for the proposed site development. The application includes written findings addressing the approval criteria for Physical & Environmental Constraints Review Permit for Development of Hillside Lands with Severe Constraints and the Wildfire Lands Overlay Zone, Exceptions to the Development Standards for Hillside Lands, Exception to the Street Standards, and Exception to the Solar Setbacks. Physical & Environmental Constraints Review Permitfor the Development of Hillside Lands The first approval criterion for Hillside Development review is that, "Through the application of the development standards of this chapter (see AMC 18.3.10.080 Development Standards for Hillside Lands, AMC 18.3.10.100 Development Standards for Wildfire Lands and AMC 18.3.10.110 Development Standards for Severe Constraints Lands), the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized." The application explains that the application of the requirements of the Hillside Ordinance, the oversight of a geotechnical expert and structural engineer, and the implementation of the erosion control plan, the potential adverse impacts of the proposal will be minimized. The applicant emphasizes that the development has structural retaining walls to lessen the impact of a structure on the site, and that limited terracing and site disturbance are proposed to minimize the area of disturbance. The proposed structure will be constructed upon retained fill, and the area of fill has been limited to just the amount needed to withstand the surcharge of the structure rather than trying to create a flat yard area on site. The application emphasizes that the proposed residence is sited to minimize site disturbance by limiting the footprint and reducing the driveway length, and asserts that the proposal complies with lot coverage limitations, and has little disturbance outside of the footprint of the building. The proposed residence does not include large gable ends on the downhill side, and this reduces the building height and mass, limiting visual impacts to the adjacent properties. In considering the lot coverage, staff notes that the allowed lot coverage within the zoning district is 20 percent, with an additional up to 200 square feet in a porous, solid surface (other than driveway or parking areas) considered exempt from calculations in addition to the allowed impervious surfaces. 20 percent of a 15,313 square foot lot equates to 3,062.6 square feet of impervious surface plus up to an additional 200 square feet in a porous solid surface exempted from coverage calculations, for a total of 3,262.6 square feet. The application materials are somewhat confusing with regard to lot coverage, as they suggest a 25.5 percent lot coverage — significantly higher than allowed — but separately indicate 3,240 square feet of impervious surfaces without a clear explanation PA-11-2020-00100 265 Skycrest Driveldds Page 3 of whether or where the porous solid surface exemption is being considered, although site walkways are illustrated in gravel. A condition has been added to require that the final lot coverage and additional porous solid surface exemption be demonstrated to comply with requirements in the building permit submittals. The second approval criterion is, "That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. " The application explains that the entire property has slopes in excess of 25 percent, but based on the findings of the geotechnical expert, the site is stable for construction. According to the geotechnical report, the soils consist of medium -dense to dense decomposed granite over weathered fractured granitic rock. While during very wet months, the upper portions of the decomposed granite may become saturated, the geotech indicates that this will not have an adverse impact on the site development or adjacent properties. The report concludes that there are no known concerns for liquefaction, ground rupture, landslide issues or problems in the vicinity. The site, though very steep displays no slipping or slumping. The foundation and structural retaining walls have been engineered, and the geotechnical expert will provide periodic inspections of the site to verify the development recommendations are being complied with. Erosion control measures including a graveled entrance, silt fencing and bio-bags are proposed for erosion control measures. Specific drainage recommendations are provided by the geotechnical expert, and will be incorporated into the grading and drainage plans created by the project engineer. All erosion control measures will remain in place throughout the duration of the site work portions of construction. The applicant indicates that with the implementation of erosion control systems utilizing the installation of silt fencing and storm water drainage consistent with the recommendations of the report from The Galli Group Engineering Consulting, the proposed site development will not create any hazards. The final criterion is, "That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. .Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum developmentpermitted by this ordinance. " The applicant concludes that the design of the structurally -engineered single family residence and associated site development has taken all reasonable steps to reduce adverse impacts to the environment including limiting the building footprint, placing it as near the street as possible to limit site disturbance and minimize driveway length, and reducing the area of impervious surfaces and site disturbances. Construction inspections will occur under the direction and guidance of the geotechnical expert, Exceptions to the Development Standards for Hillside Lands The application includes requests for Exceptions to the Development Standards for Hillside Development Standards (AMC 18.3.10.090.E.2.c & E.2.d) to allow vertical walls up to 25-feet on a downhill elevation where the standard limits walls to 20-feet and to allow a continuous horizontal building plane longer than 36 feet without a six-foot offset (the wall proposed is 36 foot 8-inch with a two foot offset). With regard to the downhill wall height, the application explains that the lot is very steep, falling at a slope of 40-45 percent away from the road within the approval envelope, and the structure requires structural retaining walls that support the structure to native grade, therefore, a tall retaining wall is necessary on the downhill side. The Development Standards for Hillside Lands include a requirement that downhill wall heights be limited to no more than 20 feet above natural grade before incorporating a six-foot step back PA-T1-2020-00100 265 Skyerest Drive/dds Page 4 in the design. The application notes that the majority of the building complies on the downhill/west side where the below grade rooms are setback more than six feet, and the main living level is setback six feet from the basement level fagade. On the southern half of the structure, the structural retaining wall is more than six -feet from the facade, but the fagade of the house does not have a six-foot step back and has 18- feet 2-inches exposed above grade. The height measured to natural grade is 23-feet necessitating an exception to the standards. The applicant asserts that the requested exception is the minimum necessary to alleviate the difficulty of construction of the proposed residence on the site. The applicant concludes that the Exception requested to increase the downhill wall height is due to the need to retain fill on a very steep lot, where the downhill wall height is measured to natural grade, emphasizing that within ten feet of the street, the property drops off with a 40-45 percent slope and that the front wall --- even at the reduced setback - is more than ten feet below natural grade. The applicants have placed the home closer to the street to match street grade while also reducing impacts to the downhill slope, which are still at 26-37 percent. The applicant argues that this is consistent with the purposed and intent of the Physical and Environmental Constraints chapter, and allows for the protection of the natural and topographic character of the property. The applicant concludes that more than half of the site is to remain in a natural state, and impacts to adjacent neighbors are limited due to the larger than normal setback from the downhill neighbors. With regard to the Exception to exceed a 36-foot horizontal wall plane without the requisite six-foot off- set, the applicant proposes a 36-foot, 4-inch horizontal wall with only a two -foot setback. The applicant explains that the properly is very steep and the home is proposed with the garage at a reasonable grade from the street utilizing a reduced front yard setback. While the lot has generous width and depth, the lot has very steep slopes from east to west which impacts the downhill wall heights and the amount of fill necessary to construct a home. Because there is more than four feet of fall for each foot away from the front property line, if the house were designed to have off -sets and step backs, the house would need to be very tall or to have additional floors to provide useable floor area. The steep lot has a little slope north to south for the purposes of the solar setback calculations requiring a large setback from the north property line. The applicant suggests that having slopes of more than. 35 percent within the building envelope on a lot that was created after the Hillside Ordinance was adopted poses a unique circumstance. The proposed exception is to the six-foot off -set rule along the horizontal plane, and the house is already at the minimum front yard setback to reduce downhill fill heights needed to support the structure. The construction of the house nearest the street limits the amount of disturbance on the steep slopes and complies with solar setbacks while retaining a large portion of the property in a natural state. The applicant suggests that the exception is minimal, as the wall only exceeds the maximum horizontal length by four -inches, and will not have negative impacts on adjacent properties as the structure is more than 60-feet from the affected neighbors and preserves more than the required 54.99 percent of the site in its natural state. The applicant concludes that the reduced footprint area allows for a substantial reduction in the area of the hillside disturbed to construct the residence, and explains that the step back is not provided on the second floor since the footprint is only 768 square feet and a six-foot step back would substantially reduce the usable floor area. Exception to the Sheet Standards The application explains that the existing sidewalk pattern in the vicinity is a curb -side, five-foot sidewalk with street trees planted behind sidewalk. The properties to the north and south both have curb -side sidewalks in place, and the applicant here requests an Exception to Street Standards to continue the existing sidewalk pattern rather than adding a parkrow planting strip for just this single lot's frontage. The applicant further explains that there are substantial slopes along the frontage of the property beginning approximately six feet behind the curb line of Skycrest Drive, and that from that point the topography PA-T 1-2020-00100 265 Skycrest Driveldds Page 5 slopes steeply downhill to the west. The applicant goes on to note that curb and gutter and a pull-out bay are present along the frontage of the property. The proposal allows for the installation of a connected sidewalk that is consistent with the sidewalk development pattern within the neighborhood. The application suggests that there is very little vehicular traffic in the neighborhood as it is not a "destination" and does not lead to any major destinations, and that what traffic there is, is generally limited to neighborhood traffic. Pedestrians have historically walked in the roadway and shared the street with vehicular traffic and parking. Here staff would note that the bay discussed by the applicant has the curb line bumped out for roughly 75 feet of the lot's southerly frontage because in the original subdivision approval, it was envisioned that this portion of the frontage, along with parts of the lots immediately to the north and south, would have partial parkrows with street trees between the curb and sidewalk, with a bay to accommodate some on -street parking on this lot's frontage. As installed with the original subdivision improvements, neither the lot to the north or to the south has a parkrow planting strip and simply has curbside sidewalk, however the frontage here retained the bulbed-out curb to accommodate a parking bay and a short section of parkrow. In looking at the geotech report and visiting the site, it appears that the slope in the area of the bulb -out is such that a partial parkrow could be installed in the bulbed out area on the south end of the property's frontage and still enable the sidewalk to transition to curbside on either end in a manner consistent with that envisioned in the subdivision. As such, the Exception is approved for the northerly portion of the lot where the curb placement allows on -street parking, but the southerly 75 feet or so where the curb bulbs out to accommodate a parkrow planting strip should be completed with parkrow and street trees between this section of sidewalk and curb. A condition to this effect has been included below. Solar Setback Exception The requested Solar Setback Exception would allow shading of the property to the north at 390 Orchard Street greater than the shadow that would be cast by a six-foot fence along the property line. The subject property is very steep east -to -west with slopes of more than 45 percent in some locations, however the north slope considered for solar access is only six -percent which makes compliance difficult. The steep drop from the street grade to the west property line makes the height of the building as measured from natural grade, with necessary fill and retaining, taller than it be on a less steep parcel and even with a low- pitched, hipped gable roofline, reduced plate heights, and a substantial setback from the north property line, a Solar Setback Exception is still necessary. The application explains that the Exception does not preclude the reasonable use of solar energy use from passive or active solar energy systems as the limited area of the neighboring property impacted by the extended solar shadow has slopes of more than 35 percent and is not considered a buildable portion of the site. The neighbors at 390 Orchard Street have consented to the proposed shading, and the Exception is limited to only the structure as proposed, which results in a shadow length which exceeds the ordinance -allowed shading by one -foot eleven -inches. The solar exception agreement holds the city harmless for any resulting damages, and a drawing of the proposed solar exception area has been provided. The applicant emphasizes that the small shadow area beyond the area of allowed shadow does not diminish any substantial solar access on the adjacent property, as it is in a steeply -sloped area with a switchback trail leading from the yard below up to Skycrest, and there are no structures or garden areas impacted. In staffs assessment, the application with the conditions included below meets the requirements for a Physical & Environmental Constraints Review Permit with two Exceptions to the Hillside Development Standards, an Exception to Street Standards to allow a curbside sidewalk, and a Solar Setback Exception to shade the neighboring property to the north more than would typically be allowed, with the impacted PA-T 1-2020-00100 265 Skycrest Driveldds Page 6 neighbor's consent. The slopes within the approved envelope are very steep, and the proposed design seeks to place the building as close as possible to the street on retained fill to limit site disturbance. Both the design exceptions and the solar setback exceptions are requested in response to the site slopes, which are relatively minor north -south but severe east -west. The solar exception is de minixnis, shading an unbuildable triangular area of the property to the north with an area of only two to three square feet with the owners' consent, and the design exceptions to downhill wall height and horizontal offset are in response to the cross slopes which would necessitate significantly greater disturbance to the severely constrained site to comply. The subdivision approval envisioned a partial parkrow along the south end of the frontage which appears feasible given grades in this portion of the site, and a condition has been included to require that the frontage improvements be modified accordingly. The approval criteria for a Physical Constraints Review Permit are detailed in AMC Chapter 18.3.10.050 as follows: A. Through the application of the development standards of this chapter (see AMC 18.3.10.080 Development Standards for Hillside Lands, AMC 18.3.10.100 Development Standards for Wildfire Lands and AMC 18.3.10.110 Development Standards for Severe Constraints Lands), the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum development permitted by this ordinance. The approval criteria for an Exception to the Development Standard for Hillside Lands are detailed in AMC Chapter 18.3.10.090.H. as follows: Exception to the Development Standards for Hillside Lands. An exception under this section is not subject to the variance requirements of chapter 18.5.5 Variances. An application for an exception is subject to the Type I procedure in section 18.5.1.050 and may be granted with respect to the development standards for Hillside Lands if the proposal meets all of the following criteria. 1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. 2. The exception will result in equal or greater protection of the resources protected under this chapter. 3. The exception is the minimum necessary to alleviate the difficulty. 4. The exception is consistent with the stated Purpose and intent of chapter 18.3.10 Physical and Environmental Constraints Overlay chapter and section 18.3.10.090 Development Standards for Hillside Lands. The approval criteria for an Exception to the Street Standards are described in AMC Chapter 18.4.6.020.B. as follows: 1. Exception to the Street Design Standards. The approval authority may approve exceptions to the standards section in 18.4.6.04 Street Design Standards if all of the following circumstances are found to exist. PA-Ti -2020-00100 265 Skyerest Drive/dds Page 7 a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. b. The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable. i. For transit facilities and related improvements, access, wait time, and ride experience. ii. For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic. iii. For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of walking along roadway), and ability to safety and efficiency crossing roadway. c. The exception is the minimum necessary to alleviate the difficulty. d. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. The approval criteria for a Solar Setback Exception are described in AMC Chapter 18.4.8.020.C.1.b. as follows; i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. The application with the attached conditions complies with all applicable City ordinances. Planning Action T1-2020-00100 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 Tl- 2020-00100 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 specifically modified herein. The plans submitted for the building permit shall be in substantial conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify this Hillside Development approval shall be submitted and approved prior to issuance of a building permit. 2) That all conditions of the original subdivision approval shall remain in effect unless otherwise specifically modified herein. 3) The building permit submittals shall include: a. Identification of all easements, including but not limited to any public or private utility or drainage easements. b. Foundation plans designed by an engineer or architect with demonstrable geotechnical design experience in accordance with 18.3.10.090.C. C. A storm drainage plan that is designed, constructed and maintained in a manner that will avoid erosion on -site and to adjacent and downstream properties in accordance with PA-TI-2020-00100 265 Skycrest Driveldds Page 8 18.3.10.090.C.1. Storm water from all new impervious surfaces and runoff associated with peak rainfalls must be collected on site and channeled to the City storm water collection system (i.e., curb gutter at public street, public storm pipe or public drainage way) or through an approved alternative in accordance with Ashland Building Division policy BD- PP-0029. On -site collection systems shall be detailed on the building permit submittals. The storm drainage plan shall be submitted for review and approval to the Ashland Engineering and Building Divisions with the building permit application. d. Written verification from the project geotechnical experts addressing the consistency of the building permit plan submittals with the geotechnical report recommendations (e.g. grading plan, storm drainage plan, foundation plan, etc.) shall be submitted with the building permit submittals. e. Solar setback calculations demonstrating that the proposed construction complies with the Solar Setback Exception approved herein, including elevations or cross section drawings clearly identifying the highest shadow producing point(s) and their height(s) from the identified natural grade. f Lot coverage calculations including all building footprints, driveways, parking, and circulation areas. Lot coverage shall be limited to no more than 20 percent of the site are (3,062.6 square feet) as required in AMC 18.2.5.030.C. An additional 200 square feet of porous solid surface meeting the requirements of AMC Table 18.2.5.030.C.2 and 18.6.1.030.P may be exempted from the maximum coverage calculations. This porous solid surface exemption does not apply for driveway or parking areas, but may include pervious asphalt, pervious concrete, grass or permeable pavers, or decks that allow infiltration. in addition, the plans shall include demonstration that at least 54.99 percent of the site is retained in a natural state as required in AMC 18.3.10.090.B.3. 4) That prior to the issuance of a building permit: a. That the temporary erosion control measures (i.e. silt fence, hay bales/settling pond, bio- bag curb -inlet protection) shall be installed according to the approved plan, inspected and approved by the Staff Advisor and project geotechnical expert prior to any site work, storage of materials, issuance of an excavation permit and issuance of a building permit. b. That a preconstruction conference be held prior to site work, the issuance of an excavation permit or the issuance of a building permit, whichever action occurs first. The preconstruction conference should be included in inspection schedule final report and should be attended by the applicant's project team, including the project engineer, project geotechnical experts (i.e. The Galli Group Engineering Consulting), the general contractor, landscape architect and their excavation subcontractors to review the requirements of this Hillside Development Permit and the geotechnical report's requirements for site work. 5) That the General Fuel Modification .Area fuel reduction requirements as outlined in 18.3.10.100.B are completed prior to bringing combustible materials onto the property and the Fire Department conducts an inspection to verify fuels reduction is complete. 6) That prior to the issuance of a certificate of occupancy: a. The landscaping and irrigation for re -vegetation of cut/fill slopes and erosion control shall be installed in accordance with the approved plan prior to issuance of the certificate of occupancy. Vegetation shall be installed in such a manner as to be substantially established within one year of installation. PA-T1-2020-00100 265 Skycrest Drive/dds Page 9 b. Street trees with irrigation shall be planted along the frontage of the property according to the city's Recommended Street Tree Guide. C. New landscaping installed shall comply with the General Fuel Modification Area standards (18.3.10.100.B) and shall not include plants listed on the Prohibited Flammable Plant List per Resolution 2018-028. d. That The Galli Group Engineering Consulting shall inspect all sitework involving earthworks, foundations, and rock placement and compaction as indicated in their Steep Slope and Geotechnical Design Report dated September 25, 2019 and included in the application. Prior to the issuance of the certificate of occupancy, The Galli Group Engineering Consulting shall provide a final report indicating that the approved grading, drainage and erosion control measures were installed as per the approved plans, and that all scheduled inspections were conducted by the project geotechnical expert periodically throughout the project. e. That prior to the issuance of a certificate of occupancy, the frontage improvements shall be completed according to the approved subdivision plan which included curb side sidewalks with street trees behind the sidewalk along the northerly part of the lot, and parkrow with street trees where the curb bulbs out on the southerly 75 feet of the frontage. 7) That all measures installed for the purposes of long-term erosion control, including but not limited to vegetative cover, retaining walls and landscaping shall be maintained in perpetuity on all areas in accordance with 18.3.10.090.B.4 — 6 and the recommendations of the geotechnical report prepared by The Galli Group Engineering Consulting. Brandon Goldman, Senior Planner Department of Community Development August 24, 2020 Date PA-T1-2020-00100 265 Skycrest Drive/dds Page 10 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 8125/20 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #PA-Tf-2020-00900, 265 Skycrest. Signature of Employee ©ocumend &25)2020 ', �f I � �'l II � i•®® i I ��q' MENEM F I 391E05DC3007 PA-T1-2020-00100 I391E05DC3000 PA-T1-2020-00100 391E05CD817 PA-T1-2020-00100 AUROSE SOLEILJWOLFGANG CHAPMAN DAVID RICHARD TRUSTEE CROYLE PETER D AND JENNIFER L 210 SUNNYVIEW DR 390 ORCHARD ST 225 SUNNYVIEW DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 391E08BA114 PA-T1-2020-00100 391E05DC3005 PA-T1-2020-00100 391E08BA100 PA-T1-2020-00100 EASTFIELD SUBDIVISION HOMEOWN DANEMAN REBECGA A DAVIS-FREQERICK 2000 FAMILY T MICHAEL REM[NGTON, PRESIDENT 1250 SUNNYVIEW DR 449 ORCHARD ST 161 SUNNYVIEW DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 1391E08AB200 PA-T 1 -2020-00100 391E05CD819 PA-T1-2020-00100 391E05DC2900 PA-T 1 -2020-00100 EWING ROBERT HENRY JR TRUSTEE FITZPATRICK DEBBIEIJEROME HEETER ZACHARY RIKIMBERLY LEE 200 SKYCREST DR 450 ORCHARD ST 270 SKYCREST DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 I �391E08AB208 PA-T1-2020-00100 391E05DC2800 PA-T1-2020-00100 .391E05DC3012 PA-T1-2020-00100 `HERRON ERICIMARGO HILTON ROBERT E/JOAN D HONORE FINN CHRISTIANIJUDITH 245 SKYCREST DR 290 SKYCREST DR .305 SKYCREST DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 391 E05CD818 PA-T1-2020-00100 .391 E05DC3010 PA-T1-2020-00100 391 E08AB600 PA-T 1 -2020-00100 I I HORTON KRISTEN L TRUSTEE ETA JAFFE ROBERT M TRUSTEE ET AL , DORY JOHN TRUSTEE ET AL 1680 OAK KNOLL DR 1 285 SKYCREST DR l 188 SUNNYVIEW DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 i 391E05DC3006 PA-T1-2020-00100 391E08AB300 PA-T 1 -2020-00100 391E08AB500 PA-T1-2020-00100 i LEWIS GREGORY KIPATRICIA A LININGER CHARLES GREGG TRUSTE MCCOY DOUGLAS MIEDNA D 230 SUNNYVIEW DR 240 SKYCREST DR 198 SUNNYVIEW DR I ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 391E08AB209 PA-T 1 -2020-00100 391E08AB210 PA-T1-2020-00100 391E08AB207 PA-T1-2020-00100 MORRIS RICHARD VAN TRUSTEE ET OPPENHEIMER ALAN BIPRISCILLA PAYNE JOHN WARREN TRUSTEE ET f 1022 CRAGMORE DR 110 S LAUREL ST 508 ALDIN CIR SEABROOK, TX 77586 ASHLAND, OR 97520 TALENT, OR 97540 391 E05DC3011 PA-T1-2020-00100 391 E05DC2802 PA-T1-2020-00100 391 E08AB206 PA-1-2020-00100 RUSTON JAMES ROBERT TRUSTEE E SMITH BRIAN LISTEFFEY-SMITH D SPERA BERNARD JOSEPH TRUSTEE 385 ORCHARD ST PO BOX 629 260 SKYCREST DR ASHLAND, OR 97520 BELLEVUE, ID 83313 ASHLAND, OR 97520 391E05DC3016 PA-T1-2020-00100 391E08AB700 PA-T1-2020-00100 PA-T1-2020-00100 j STROO HANS/NICOLA D TSCHETTER CLIFFORD TRTE FBO GALLI GROUP 300 SKYCREST DR 5 BELL WAVER WAY 612 NW THIRD ST ASHLAND, OR 97520 OAKLAND, CA 94619 GRANTS PASS, OR 97526 Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY OF pnlig�l541-488-5305 Fax: 541-552-2050 www,ashland,or.us TTY: 1-800-735-2900 -AS H LAN D NOTICE OF APPLICATION PLANNING ACTION: PA-T1-2020-00100 SUBJECT PROPERTY: 265 Skycrest OWNER/APPLICANT: Rogue Planning for Devitt Payne Family Trust DESCRIPTION: A request for a Physical and Environmental (P&E) Constraints Review Permit and a Solar Setback Exception to allow the construction of a new Single Family Residence on Hillside Lands with Severe Constraints for the property at 265 Skycrest Drive. The requested Solar Setback Exception would allow shading of the property to the north at 390 Orchard Street greater than the shadow that would be cast by a six-foot fence along the property line; the neighbors at 390 Orchard Street have consented to the proposed shading. The application also includes requests for Exceptions to the Development Standards for Hillside Development Standards (AMC 18.3.10.090.E.2.c & E.2.d) to allow vertical walls up to 25-feet on a downhill elevation where the standard limits walls to 20-feet and to allow a continuous horizontal building plane longer than 36 feet without a six-foot offset (the wall proposed is 36' 8" with a two -foot offset), and an Exception to Street Standards to allow curbside sidewalks to be installed along the subject property's frontage. COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR-.5; MAP: 39 1E 08 AB; TAX LOT- 207 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: July 14, 2020 o y _ , .............. 3 r 1 ..y _l ti Al PA T1-2020-00i00 390 ORCHARD 5T 3 PROPERTY AGREEING TO SOLAR SETBACK EXCEPTION F : I PA T1-2020-00100 255 SKYCREST DR n. 6 l w SUBJECT PROPERTY REQUESTING SOLAR SETBACK EXCEPTION OVER GAcomm-dev\Pianning\Planning ActionsTAs by Street1S1Skycrest\Skycrest_265\PA-TI-2020-00100\Skycrest_265_PA-Tt-2020-00100 NOC.docx The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice. Because of the COV[D-19 pandernic, application materials are provided online and comments will be accepted by email. Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541) 488-5305 or planning (d)ashland. or. us. A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at https:llqis.ashland.or.us/developmentproposalsl. Copies of application materials will be provided at reasonable cost, if requested. Linder extenuating circumstances, application materials may be requested to be reviewed in -person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling (541) 488-5305 or emailing planning(a-ashland.or.us. Any affected property owner or resident has a right to submit written comments to plan ning(a),ashland. or. us or to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown on Page Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050. G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. If you have questions or comments concerning this request, please feel free to contact Derek Severson at 541-552-2040 or derek.severson@ash land, or. us. CiAcomm-devlplanning\Planning Actions\PAs by StreetlSSSkycrestlSlycresi_2651PA-TI-2020-001005Skycrest_265_PA-T]-2020-00100 NOC.doex PHYSICAL & ENVIRONMENTAL CONSTRAINT: 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. EXCEPTION TO THE DEVELOPMENT STANDARDS FOR HILLSIDE LANDS 18.3.10.090.H An exception under this section is not subject to the variance requirements of chapter 18.5,5 Variances. An application for an exception is subject to the Type I procedure in section 18.5.1.050 and may be granted with respect to the development standards for Hillside Lands if the proposal meets all of the following criteria. 1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. 2. The exception will result in equal or greater protection of the resources protected under this chapter. 3. The exception is the minimum necessary to alleviate the difficulty. 4, The exception is consistent with the stated Purpose and Intent of chapter 18.3.10 Physical and Environmental Constraints Overlay chapter and section 183,10.090 Development Standards for Hillside Lands. EXCEPTION TO STREET STANDARDS 18.4.6.020.B.1 Exception to the Street Design Standards. The approval authority may approve exceptions to the standards section in 18.4.6.040 Street Design Standards if all of the following circumstances are found to exist. a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. b. The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable. i. For transit facilities and related improvements, access, wait time, and ride experience. ii. For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle crass traffic. iii, For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of walking along roadway), and ability to safety and efficiency crossing roadway. c. The exception is the minimum necessary to alleviate the difficulty. d. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. EXCEPTION TO SOLAR SETBACKS 18.4.8.020.0 C. Exceptions and Variances. Requests to depart from section 18.4.8.030 Solar Setbacks are subject to 18.4.8.020.C.1 Exception to the Solar Setback, below. Deviations from the standards in section 18,4,8.050 Solar Orientation Standards are subject to subsection 18.5.2.050.E Exception to the Site Development and Design Standards. 1, Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1,050 may approve exceptions to the standards in 18,4.8.030 Solar Setbacks if the requirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist, a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties' deed, a release form supplied by the City containing all of the following information. i. The signatures of all owners or registered leaseholders holding an interest in the property in question. ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted. iii. A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held harmless for any damages resulting from the waiver. iv. A description and drawing of the shading which would occur. b. The approval authority finds all of the following criteria are met. i, The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. G.Ncomm-devlplanningSPianningActionsTAsbyStreel'S\Skyerest\Skycrest 2651PA-TI-2020-00IWSSkycresf_265 PA-TI-2020-0O100 NOC.docx I � p 0 V � Y m LL a a O u c O N s u LU � w r n m 'o m m O Y a �, a •q E T 'O U� m US cp Lf L3. m -cs P iFi E o U ro � .o N Z I VV)zu' LU..� w LU cr iCd J= Lu :ram No uj j ray CXrss CL Sn Ln._ W AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson } The undersigned being first duly sworn states that; 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On June 30, 2020 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-T1-2020-00100, 265 Skycrest. &fi (fli bow Sig ture of Employee C:1Usersltrappr Desktop%TemplateslAFFIUAMTOF MAILIN6_Regan.dou 6012020 6 asy Feel - Address Labels Uo to avery.com emplates I Bend along sine to expose Pop-up Edge = I Use Avery Template 5160 I; PA-T1-2020-00100 391 E05CD818 HORTON KRISTEN L TRUSTEE ET A 680 OAK KNOLL DR ASHLAND, OR 97520 PA-T1-2020-00100 391 E05DC2800 HILTON ROBERT EIJOAN D 290 SKYCREST DR ASHLAND, OR 97520 PA-T1-2020-00100 391 E05DC3007 AUROSE SOLEILNVOLFGANG 210 SUNNYVIEW DR ASHLAND, OR 97520 PA-T 1 -2020-00100 391E08AB209 MORRIS RICHARD VAN TRUSTEE 1022 CRAGMORE DR SEABROOK, TX 77586 PA-T1-2020-00100 391 E08BA100 DAVIS-FREDERICK 2000 FAMILY 449 ORCHARD ST ASHLAND, OR 97520 PA-T 1-2020-00100 391 E05DC3000 CHAPMAN DAVID RICHARD TRUSTEE 390 ORCHARD ST ASHLAND, OR 97520 PA-T1-2020-00100 391 E05DC3012 HONORS FINN CHRISTIANIJUDITH 305 SKYCREST DR ASHLAND, OR 97520 PA-T1-2020-00100 391 E08AB208 HERRON ERIC/MARGO 245 SKYCREST DR ASHLAND, OR 97520 PA-T1-2020-00100 391 E08AB600 JORY JOHN TRUSTEE ET AL 188 SUNNYVIEW DR ASHLAND, OR 97520 PA-T1-2020-00100 ROGUE PLANNING AND DEV 33 N CENTRAL AVE, SUITE 213 MEDFORD, OR 97501 PA-T1-2020-00100 391 E05CD819 FITZPATRICK DEBBIEIJERRY 450 ORCHARD ST ASHLAND, OR 97520 PA-T1-2020-00100 391E05DC3005 DANEMAN REBECCA A 250 SUNNYVIEW DR ASHLAND, OR 97520 PA-T1-2020-00100 391E05DC3016 STROO HANSINICOLA D 300 SKYCREST DR ASHLAND, OR 97520 PA-T1-2020-00100 391 E08AB210 OPPENHEIMER ALAN BIPRISCILLA 110 S LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00100 391 E05CD817 CROYLE PETER D AND JENNIFER L 225 SUNNYVIEW DR ASHLAND, OR 97520 PA-T1-2020-00100 391E05DC3010 JAFFE ROBERT M TRUSTEE ET AL 285 SKYCREST DR ASHLAND, OR 97520 PA-T1-2020-00100 391 E08AB206 SPERA BERNARD JOSEPH TRUSTEE 260 SKYCREST DR :ASHLAND, OR 97520 PA-T1-2020-00100 391 E08AB300 LININGER CHARLES GREGG TRUSTE 240 SKYCREST DR ASHLAND, OR 97520 PA-T1-2020-00100 391 E08BA114 EASTFIELD SUBDIVISION 161 SUNNYVIEW DR ASHLAND, OR 97520 PA-T1-2020-00100 39IE05DC2802 SMITH BRIAN LISTEFFEY-SMITH PO BOX 629 BELLEVUE, ID 83313 PA-T1-2020-00100 391 E05DC3006 LEWIS GREGORY KIPATRICIA A 230 SUNNYVIEW DR ASHLAND, OR 97520 PA-T1-2020-00100 391E08AB200 EWING ROBERT HENRY JR TRUSTEE 200 SKYCREST DR ASHLAND, OR 97520 PA-T1-2020-00100 391 E08AB700 TSCHETTER CLIFFORD TRTE FBO 5 BELL WAVER WAY OAKLAND, CA 94619 PA-T1-2020-00100 391 E05DC2900 HEETER ZACHARY R TRUSTEE 270 SKYCREST DR ASHLAND, OR 97520 PA-T1-2020-00100 391 E05DC3011 RUSTON JAMES ROBERT TRUSTEE E 385 ORCHARD ST ASHLAND, OR 97520 PA-T1-2020-00100 391 E08AB207 PAYNE JOHN WARREN TRUSTEE 508 ALDIN CIR TALENT, OR 97540 PA-T1-2020-00100 391 E08AB500 MCCOY DOUGLAS M/EDNA D 198 SUNNYVIEW DR ASHLAND, OR 97520 PA-T 1-2020-00100 GALLI GROUP 612 NW THIRD STREET GRANTS PASS, OR 97526 PA-T1-2020-00100 265 Skycrest NOC 28 6.30.2020 Allez a avery.ca/gabar'sts Utiiisez le Gabarit Avery 5160 I: 265 Skycrest Drive Physical & Environmental Constraints Review Permit Solar Setback Waiver Devitt Payne Family Trust ROGUE PLANNING 6 DEVELOPMENT SERVICES, LLG March 30, 2020 Physical Constraints Review Permit for Hillside Development Solar Setback Waiver Address: 265 Skycrest Drive Map & Tax Lot: 39 1E 08 AB; 207 Legal Description: Lot 14 of the Skycrest Hills Subdivision (Phase 2) Zoning: Rural Residential (RR-.5) Overlay Zones: Performance Standards Subdivision Hillside Overlay including Severe Constraints Wildfire Land Overlay Property Owners: Devitt Payne Family Trust Kathleen Ann Devitt Trustee John Warren Payne 508 Aldin Circle Talent, OR 97540 Building Designer: TNT Design & Drafting Terry Thomas terry@tntcad.com Engineering and Geotech: Galli Group 612 NW Third Street Grants Pass, OR 97526 Planning Consultant: Rogue Planning & Development Services Amy Gunter 33 N Central Avenue, Suite 213 Medford, OR 97501 Page 1 of 22 Request: The request is for Physical and Environmental Constraints Review Permit for the construction of a new single-family residential home on the vacant lot at 265 Skycrest Drive. The request includes an exception to the hillside design standards with respect to the height of the downhill wall being over 20-feet. A solar setback waiver is requested to allow for a slightly increased amount of shadow onto the property to the north. The adjacent property owners have agreed to the solar setback waiver request. Property Description: The subject property is located on the west side of Skycrest Drive, south of the intersection of Skycrest Drive and Orchard Street. The property and the adjacent properties to the north, east and south were created as part of the Skycrest Hills Subdivision, a Performance Standards Subdivision which was platted in 1998. The subject property is zoned RR-.5, Rural Residential zoning with a %2-acre minimum lot size. The rectangular shaped lot has 136.12-feet of frontage, extends 144.36- feet to the west along the south property line and 121.41-feet along the north property line. The west property line is 100-feet in length, north to south. The property is 15,313 square feet in area, .35 acres. The property slopes away from the street, downhill to the west. The average slope of the property is 29.9 20 /IParrrl1 yec� f os� f1 P-89-199d i. "1'1-� (+rr re rO wr,e ww � w�-- q1,1 15 16 17 s/x12 7J7 S y r, rC I 1�=g5 g ���.r + Id mi - 1eivice,as or ui�arm S/.V 7833 rvm •r ,iiuv er �;� t'L• x mvu m g}d ;Cq percent. There are no trees or other significant vegetation on the property. A slope analysis has been provided. The parcel has an approved building envelope that was created as the minimum setbacks of the RR-.5 zone at the time of the lot platting. The building envelope provides a 20-foot front yard for garage, 15-foot front yard for fagade of structure, ten -foot side yard setbacks and 15-foot rear yard setbacks. The building envelope includes areas of more than 35 percent slopes. Skycrest Drive has a 42-foot wide right-of-way. The street is improved with approximately 32-feet of pavement, curb and gutter along the frontage of the property. A fire truck hammerhead is just south of the subject property on the east side of Skycrest Drive. There are no sidewalks presently along the frontage of the property. Page 2 of 22 There are public utility easements of ten -feet along the street frontage and on the adjacent property to the north, and a 10-foot storm drain easement along the west property line. The public utilities serving the property such as water, storm sewer, sanitary sewer and electric service are present within the right- of-way, or within the public utility easements. Proposal: The request is to allow for the construction of a 2,892 square foot, single family residence. A 746 square foot garage with storage area and a 267 square foot covered porch are proposed. The structure is proposed as a single story with basement. The footprint of the structure is 2,855 square feet in area. The driveway is proposed to be 385 square feet. The proposed lot coverage of 3,240 square feet, complies with the maximum lot coverage of 3,262 square feet. The proposal provides for two off-street parking spaces within the garage. Due to the steep slope of the property, the reduced front yard setback is allowed when there is a 4:1 slope in the front setback area found in 18.2.5.060.A.3. The entire width of the lot's front yard is more than 25 percent slopes and in some areas is more than 40 percent slopes. The proposed fagade of the garage is setback just over 13-feet from the front property line. The structure is proposed to be 10' — 2" from the south property line, a 10-foot setback is required. The rear yard setback is ten feet per story, the proposed setback is 63' -- 3 1/8". The north property line setback is 36' — 9 1/8" at the nearest setback location, increasing to over 55-feet. There are significant slopes across the property ranging between 26.1 percent to over 45 percent. The majority of the approved building envelope area exceeds the maximum slope areas allowed for development with more than 35 percent slopes, and the steeped site slopes nearest the street and in the buildable area on the southern portion of the property. The slope of the property is pre-existing, non -conforming hillside parcel. The owners purchased the property in 2014. These steep slopes, downhill from the street, in the developable portions of the property create substantial development challenges with respect to the need for construction upon retained fill. The amount of the site that is required to be retained, natural slopes, and demonstrate strict adherence to the development standards from the Building Design Standards of the Hillside Development Ordinance. The structure requires structural retaining walls that support the structure to native grade, therefore, a tall retaining wall is necessary on the downhill side. This impacts the hillside development building design Page 3 of 22 standards compliance due to downhill wall height measurements from natural grade. The majority of the facade complies with the standards on the downhill, west side. This is demonstrated with the fagade wall of the residence for the below grade rooms, setback more than six feet. The main living level is setback six feet from the from the fagade wall of the basement level. On the south half of the structure, the structural retaining wall is more than six -feet from the facade, the fagade of the house does not have a six-foot step back and has 18' —2" exposed above grade. The height measured to natural grade though is 23' and requires an exception. The lot area, 15,313 square foot lot is required to retain 54.99 percent of the total lot as natural area. The proposed layout, reduced front setback, and limited on terraces reduces the impacts to the hillside slopes the majority of the lot area is in a natural state. The property's slope from south to north as required with respect for how the solar setback north slope is measured, the site has a very moderate slope. The slope for the purposes of solar setbacks is only six percent "downhill" to the north. Due to the steep slopes away from the street, even with low pitched, hipped gable roofline, reduced plate heights, a substantial setback from the north property line, a solar setback waiver is still necessary. The shading is de minimis in its impacts to the property and extends less than two feet beyond the allowed shadow line. The portions of the adjacent property that will be shaded and extend beyond the shadow length that is an undevelopable area of the property as it is more than 35 percent slopes. The area of the property that will be shaded is minimal and does not impact the adjacent properties access to active or passive solar. The adjacent property owners have agreed to the solar setback waiver. A Geotechnical Report for the larger subdivision was completed in the early 2000s. The GaIli Group has provided a site -specific geotechnical review. The project geotechnical and structural engineer will review all of the proposed documents for the land use application and provide engineering, storm drainage, erosion control and long-term maintenance guidance for the proposed site development. Findings addressing the approval criteria for Physical and Environmental Constraints Review for Hillside Development and Wildfire Overlay, exception to hillside design standards, variance to setbacks, exception to street standards and tree removal permit are addressed below. Page 4 of 22 CRITERIA FOR APPROVAL Physical and Environmental Constraints Review Permit for Hillside Development;_ 18.310.050 Approval Criteria A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. Finding: Through the application of the requirements of the Hillside Ordinance, the oversight of a geotechnical expert, a structural engineer, implementation of the erosion control plan, potential adverse impacts have been minimized. The proposed site development is consistent with the development has structural retaining walls to lessen the impact of a structure on the lot, limited terracing and site disturbance is proposed. The proposed structure is constructed upon retained fill. The area of fill is limited to the provide just the amount needed to withstand the surcharge of the structure and not to create a yard area. The proposed residence is sited in a manner to have the least amount of disturbance by limiting the footprint size and a reduced driveway length. The proposed development complies with lot coverage and has little disturbance areas outside of the footprint of the building to accommodate construction. All proposed construction occurs within the boundaries of the property. The proposed residence does not include large gable ends on the downhill side. This reduces the building height and mass, limiting visual impacts to the adjacent properties. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. finding: The entire property exceeds 25 percent slopes. Based on the findings of the geotechnical expert, the site is stable for construction. According to the geotechnical report, the soils consist of medium dense to dense decomposed granite over weathered fractured granite rock. During very wet months the upper portions of the decomposed granite may become saturated but will not have an adverse impact on the site development or adjacent properties. There are no known concerns for liquefaction, ground rupture Page 5 of 22 or landslide issues or problems in the vicinity. The site, though very steep displays no slipping or slumping. Erosion control systems utilizing the installation of silt fencing and storm water drainage consistent with the recommendations of the report from the Galli Group, the proposed site development will not create any hazards. The foundation and structural retaining walls has been engineered and the geotechnical expert will provide periodic inspections of the site to verify the development recommendations are being complied with. Erosion control measures including a graveled entrance, silt fencing and bio-bags are proposed for erosion control measures. Specific drainage recommendations are provided by the geotechnical expert that will be incorporated into the grading and drainage plans created by the project engineer. All erosion control measures will remain in place throughout the duration of the site work portions of construction. C. That the applicant has talcen 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. Findings: 1 The limited footprint size and location of the proposed residence, driveway length and paved area reductions, limited retaining walls, all contribute to reducing the impacts of the proposed development. The proposal utilizes fill within an engineered retaining wall area to create structural walls that have the house constructed upon. Construction inspections will occur under the direction and guidance of the geotechnical expert, the structurally engineered single family residence and the associated site development has taken all reasonable steps to reduce adverse impact to the environment. The limited building footprint, reduced driveway minimized driveway length and resulting impervious surface reduction, demonstrate all reasonable steps have been taken to reduce adverse impacts on the environment. Page 6 of 22 18.3.10.090 Development Standards for Hillside Lands A. General Requirements. The following general requirements shall apply in Hillside Lands. 1. Buildable Area. All development shall occur on lands defined as having buildable area. Finding: The subject property has areas of the property that exceed 35 percent. The site was created in 1998 and at the time, the information was provided to the city that the lots were less than 35 percent slopes, though the average slope is less than 35 percent, there are actual slopes that exceed 35 percent slopes. The lot is buildable and based on the analysis of the Geotechnical firm, of the site is stable for construction. 2. Building Envelope. All newly created lots either by subdivision or partition shall contain a building envelope with a slope of 35 percent or less. Finding. There is a building envelope, but it contains areas of more than 35 percent slopes. 3. 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. Finding: No new street are proposed. The driveway is less than 100-feet in length. 4. Geotechnical Studies. For 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. Finding: A geotechnical study that contains the elements listed in the code, prepared by a geotechnical expert has been undertaken. The site has been determined to be stable for construction. B. Hillside Grading and Erosion Control. All development on lands classified as Hillside shall provide plans conforming to the following items. 1. All grading, retaining wall design, drainage, and erosion control plans for development on Hillside Lands shall be designed by a geotechnical expert. All cuts, grading or fills shall conform to the International Building Code and be consistent with the provisions of this ordinance. Erosion Page 7 of 22 control measures on the development site shall be required to minimize the solids in runoff from disturbed areas. Finding: The project Geotech and the engineering firm, Galli Group has provided geotechnical oversite. The project P.E., has reviewed the grading, erosion control, drainage and retaining wall plans that have been designed by others with demonstrable expertise in the development of Hillside Lands. The plans provided demonstrate compliance with the standards from the Land Use Ordinance. Silt fencing, bio-bags, tire cleaning area (as needed) are proposed methods of erosion control. The proposed erosion control measures are consistent with the provisions of this ordinance. The construction of retaining walls and engineered fill, will minimize the disturbance of the soil. 2. Timing of Improvements. Finding: This proposal is exempt from this section of the code. 3. Retention in natural state. Finding: The lot area, 15,313 square foot lot is required to retain 54.99 percent of the total lot as natural area. The proposed layout, reduced front setback, and limited on terraces reduces the impacts to the hillside slopes. There is more than 8,250 square feet of the site retained in a natural state. 4. Grading - Cuts. On all cut slopes on areas classified as Hillside Lands, the following standards shall apply. a. Cut slope angles shall be determined in relationship to the type of materials of which they are composed. Where the soil permits, limit the total area exposed to precipitation and erosion. Steep cut slopes shall be retained with stacked rock, retaining walls, or functional equivalent to control erosion and provide slope stability when necessary. Where cut slopes are required to be laid back (1:1 or less steep), the slope shall be protected with erosion control getting or structural equivalent installed per manufacturers specifications, and revegetated. Finding: Page 8 of 22 The proposed structure is developed mostly upon retained fill. There is a minor area where a cut is necessary on the southeast side of the structure. b. Exposed cut slopes, such as those for streets, driveway accesses, or yard areas, greater than seven feet in height shall be terraced. Cut faces on a terraced section shall not exceed a maximum height of five feet. Terrace widths shall be a minimum of three feet to allow for the introduction of vegetation for erosion control. Total cut slopes shall not exceed a maximum vertical height of 15 feet. The top of cut slopes not utilizing structural retaining walls shall be located a minimum setback of one-half the height of the cut slope from the nearest property line. Finding: No exposed cut slopes are proposed. c. Cut slopes for structure foundations which reduce the effective visual bulls, such as split pad or stepped footings, shall be exempted from the height limitations of this section. Finding: The cut is in the southeast corner for the structure foundation to be at the street grade of the property to provide a generally level driveway access into the garage. d. Revegetation of cut slope terraces shall include the provision of a planting plan, introduction of top soil where necessary, and the use of irrigation if necessary. The vegetation used for these areas shall be native, or species similar in resource value to native plants, which will survive, help reduce the visual impact of the cut slope, and assist in providing long term slope stabilization. Trees, bush - type plantings, and cascading vine -type plantings may be appropriate. Finding: The cut will be graded out into the front yard area and not left unretained in a manner that could cause erosion. 5. Grading - Fill. On all fill slopes on lands classified as Hillside Lands, the following standards shall apply. a. Fill slopes shall not exceed a total vertical height of 20 feet. The toe of the fill slope area not utilizing structural retaining shall be a minimum of six feet from the nearest property line. Finding; Page 9 of 22 The proposed fill will be retained. The vertical height is less than 20-feet. There is substantially more than six feet from the property lines to the retained fill. b. Fill slopes shall be protected with an erosion control netting, blanket or functional equivalent. Netting or blankets shall only be used in conjunction with an organic mulch such as straw or wood fiber. The blanket must be applied so that it is in complete contact with the soil so that erosion does not occur beneath it. Erosion netting or blankets shall be securely anchored to the slope in accordance with manufacturer's recommendations. Finding: No un-retained fill slopes are proposed. The steep property, downhill from the street necessitates construction on fill. No erosion control blankets or netting is necessary and are not proposed. c. Whenever possible, utilities shall not be located or installed on or in fill slopes. When determined that it necessary to install utilities on fill slopes, all plans shall be designed by a geotechnical expert. Finding: The water and electric utilities are proposed to be connected to the public infrastructure in Skycrest Drive right of way. The stormwater collection line and the sanitary sewer lines are downhill from the building area. The fill is retained. The utilities will extend underground from the structure and in accordance with the geotechnical experts' recommendations. The utility plan will be reviewed and approved by the geotechnical expert. There are specific construction recommendations within the report that address utility installation. These will be followed throughout the development of the site. d. Revegetation of fill slopes shall utilize native vegetation or vegetation similar in resource value and which will survive and stabilize the surface. Irrigation may be provided to ensure growth if necessary. Evidence shall be required indicating long -terra viability of the proposed vegetation for the purposes of erosion control on disturbed areas. Finding: No unretained fill slopes are proposed. The areas between the foundation wall and the structural retaining wall, will be planted with a low growing plant material that is not included in the prohibited plant list. There are no erosion control plant materials required. Page 10 of 22 G. Revegetation Requirements. Where required by this chapter, all required revegetation of cut and fill slopes shall be installed prior to the issuance of a certificate of occupancy, signature of a required survey plat, or other time as determined by the hearing authority. Vegetation shall be installed in such a manner as to be substantially established within one year of installation. Finding: No unretained cut or fill slopes are proposed. All disturbed areas will be revegetated with native ground covering grasses. The front yard will be landscaped with perennial p 7. Maintenance, Security, and Penalties for Erosion Control Measures. a. Maintenance. All measures installed for the purposes of long-term erosion control, including but not limited to vegetative cover, rock walls, and landscaping, shall be maintained in perpetuity on all areas which have been disturbed, including public rights -of -way. The applicant shall provide evidence indicating the mechanisms in place to ensure maintenance of measures. Findings: The retaining walls and landscaping will be maintained in perpetuity. b. Security. Finding: The performance bond will be posted as necessary. 8. Site Grading. The grading of a site on Hillside Lands shall be reviewed considering the following factors. a. No terracing shall be allowed except for the purposes of developing a level building pad and for providing vehicular access to the pad. Finding_ Structural retaining walls and landscape retaining walls to support the necessary amount of fill on the downhill side of the residence are necessary to create a building pad. Minimal terracing is proposed. Where proposed, it is to provide access to the property from the street for the walkway and driveway and to provide for a small, outdoor patio area. b. & c. Avoid hazardous or unstable portions of the site. Page 11 of 22 Finding: Based on the Geological Report there are no hazardous or unstable portions of the site. There is no physical evidence on the site of any hazardous or unstable portions of the site. d. Building pads should be of minimum size to accommodate the structure and a reasonable amount of yard space. Pads for tennis courts, swimming pools and large lawns are discouraged. As much of the remaining lot area as possible should be kept in the natural state of the original slope. Finding: The proposed structure and driveway has a limited structural footprint, when compared to the size of the parcel. The building pad area is the minimum to provide for a stable area for construction of the residence. There are no large lawn areas. The majority of the lot is kept in the natural state of the original slope. The disturbed areas accounts for 9. Inspections and Final Report. Prior to the acceptance of a subdivision by the City, signature of the final survey plat on partitions, or issuance of a certificate of occupancy for individual structures, the project geotechnical expert shall provide a final report indicating that the approved grading, drainage, and erosion control measures were installed as per the approved plans, and that all scheduled inspections, as per 18.3.10.090.A.4 j were conducted by the project geotechnical expert periodically throughout the project. Finding: The final inspection report completed by the geotechnical expert will be provided prior to the issuance of the certificate of occupancy. C. Surface and Groundwater Drainage. Finding: The surface and groundwater drainage on the site will be directed into the city's storm drain system and designed in accordance with the Geotechnical Experts recommendations. D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall conform to the following requirements. 1. Inventory of Existing Trees. Page 12 of 22 Finding: There are no trees on the site. The tree on the adjacent property is more than 45-feet from the structure and there is a fence protecting the tree. E. Building Location and Design Standards. All buildings and buildable areas proposed for Hillside Lands shall be designed and constructed in compliance with the following standards. 1. Building Envelopes. Finding: When the lot was approved in 1998 a building envelope that meet the basic setbacks for the RR-.5 zone was proposed. The property has slopes significant over 35 percent within the building envelope. The steep parcel has site constraints that present development challenges. These include the street slope of the parcel away from the street, the low slope for the purposes of solar setback that push the developable area to the south because the height of structures is measured to natural grade which is more than 25-feet below the street grade within the first 25-feet of the property. 2. Building Design. To reduce hillside disturbance through the use of slope responsive design techniques, buildings on Hillside Lands, excepting those lands within the designated Historic District, shall incorporate the following into the building design and indicate features on required building permits. a. The height of all structures shall be measured vertically from the natural grade to the uppermost point of the roof edge or peals, wall, parapet, mansard, or other feature perpendicular to that grade. Maximum hillside building height shall be 35 feet. Finding: A single -story residence with basement is proposed. The proposed residence is significantly less than 35-feet in height. b. Cut buildings into hillsides to reduce effective visual bulk. Finding: The structure cannot be cut into the hillside which falls steeply away from the street. The height, is less than 35-feet, has hipped rooflines, and set -backs. Page 13 of 22 i. Split pad or stepped footings shall be incorporated into building design to allow the structure to more closely follow the slope. Findinf: The proposed structure uses a split pad construction built upon structural fill. ii. Reduce building mass by utilizing below grade rooms cut into the natural slope. Finding: The residence is constructed on fill and uses below grade rooms. There is only a minor cut, the majority of the site is fill due to the steep grade downhill away from the street. c. A building step back shall be required on all downhill building walls greater than 20 feet in height, as measured above natural grade. Step -backs shall be a minimum of six feet. Decks projecting out from the building wall and hillside shall not be considered a building step -back. No vertical walls on the downhill elevations of new buildings shall exceed a maximum height of 20 feet above natural grade. Finding: The natural grade is very steep, in order to allow for a modestly sized residence and with the garage nearthe grade of the street, the structure is constructed upon fill. The structural retaining wall is 15' — 6" tall, at the tallest point the northwest corner. Along the west facade of the wall, the height of the wall follows the grade of the property, at the southwest corner, the retaining wall is 7' in height. The basement level fagade wall is setback six feet from the fagade of the structural retaining wall. The lower level room, from the top of the wall to finished floor of the story above is 9' — 6". The roof above this level is a deck for the upper story. The fagade of the main living level is setback six feet from deck of the lower level below. The tallest downhill wall height of the main living level 23' - 10" on the north side of the structure. On the south side of the structure, there is a portion of the downhill wall height that is 23' —10" measured to the natural grade. Due to how height is measured to natural grade, though there is a six-foot step back from the grade of the fill slope. For the majority of the structure, to natural grade the wall height is more than 20', but the additional height is below the grade of the fill, reducing the impacts to the adjacent properties. Page 14 of 22 On the north side of the structure where the highest point of the below grade basement rooms from the natural grade, deck for main floor above is 24' — 6". The downhill wall height is more than 25-feet above natural grade at the west corner of the garage on the north side of the structure. A six-foot step back cannot be provided in the garage walls. The lot is very steep, an exception to the downhill wall height standards is requested. Findings are provided. d. Continuous horizontal building planes shall not exceed a maximum length of 36 feet. Planes longer than 36 feet shall include a minimum offset of six feet. Finding: No horizontal planes exceed 36-feet in length without any offset. There is an offset of six -feet from the below grade fagade wall that creates an off -set to the 36' — 8" fagade wall. The corresponding rooflines are offset and have differing heights and the offset breaks the mass of the structure. e. It is recommended that roof forms and roof lines for new structures be broken into a series of smaller building components to reflect the irregular forms of the surrounding hillside. Long, linear unbroken roof lines are discouraged. Large gable ends on downhill elevations should be avoided, however smaller gables may be permitted. Finding: The residence is proposed to have low pitch, hipped gable roof lines. There are four, distinct rooflines on the downhill side. There are no gable ends on the downhill elevation. f. It is recommended that roofs of lower floor levels be used to provide deck or outdoor space for upper floor levels. The use of overhanging decks with vertical supports in excess of 12 feet on downhill elevations should be avoided. Finding: There are no overhanging decks proposed. Page 15 of 22 g. It is recommended that color selection for new structures be coordinated with the predominant colors of the surrounding landscape to minimize contrast between the structure and the natural environment. Finding: Natural colors selected from the predominant colors of the landscape will be used for the exterior paint finishes. The metal roof will be non -reflective metal or class B or better shingles. The exterior materials consist of natural wood, and stucco. F. AlI structures on Hillside Lands shall have foundations designed by an engineer or architect with demonstrable geotechnical design experience. A designer, as defined, shall not complete working drawings without having foundations designed by an engineer. Finding: The foundation has been engineered by the Galli Group. The engineered foundation plans will be provided with the building permit set. G. All newly created lots or lots modified by a lot line adjustment must include building envelopes containing a buildable area less than 35 percent slope of sufficient size to accommodate the uses permitted in the underlying zone, unless the division or lot line adjustment is for open space or conservation purposes. Finding: This section is not applicable. H. Exception to the Development Standards for Hillside Lands. 1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. Finding: The proposal requests an exception to the standards for downhill wall height. The subject property is very steep and though the structure has limited plate heights, below grade rooms, compliance with the standards is not possible. The building is constructed upon fill with a structural retaining wall, a six-foot step back and then the lower level. Beyond the lower level is the upper, main living level, set back six feet from the fagade of the floor below. Since the Page 16 of 22 height of structures is measured to natural grade, an exception to the downhill wall height standards is necessary because the lot is very steep. The property has been available for development since the 1990s proposals never materialized due to the site complexity. 2. The exception will result in equal or greater protection of the resources protected under this chapter. Finding ding_: The proposed exception allows for a modest sized house on a very steep lot. The requested exception to the downhill wall height is due to the measured to natural grade. The wall height from the natural grade to the finished floor of the main floor above on the downhill walls is more than 20-feet. Above the level of the fill, the height of the structure is at no point more than 20-feet. The majority of the fagade complies with the standards on the downhill, west side. This is demonstrated with the fagade wall of the residence for the below grade rooms, setback more than six feet. The main living level is setback six feet from the from the fagade wall of the basement level. On the south half of the structure, the structural retaining wall is more than six - feet from the fagade, the fagade of the house does not have a six-foot step back and has 18' — 2" exposed above grade. The height measured to natural grade though is 23' and requires an exception. 3. The exception is the minimum necessary to alleviate the difficulty. Finding: The requested exception is the minimum necessary to alleviate the difficulty of construction of the proposed residence on the site. The height measured from natural grade and to keep the house near the grade of the street, retention of natural slopes, solar setback standards, and the very steep parcel necessitates the exception. The house steps down the hill and all height above grade of the surface of the "fill" ground does not exceed maximum height. Impacts to adjacent neighbors is limited due to the large setbacks provided from the downhill neighbors. Page 17 of Z2 4, The exception is consistent with the stated Purpose and Intent of chapter 18.3.10 Physical and Environmental Constraints Overlay chapter and section 18.3.10.090 Development Standards for Hillside Lands. The requested increase in the downhill wall height is due to the retention of the fill on the very steep lot. The downhill wall height is measured to natural grade. Within ten -feet of the property the property drops off with a 40 to 45 percent slope. This wall of the house at the reduced setback from natural grade is more than ten -feet from natural grade. This is just to obtain grade of the street to have the house closer to the street to reduce impacts downhill of the steep slope continues to the lower half of the site, where the slope is lower at 26 — 37 percent. This is consistent with the purpose and intent of the Physical and Environmental Constraints chapter, allows for the protection of the natural and topographic character of the property. More than fifty percent of the site is proposed to be unexcavated or left in a natural state. The exception is due to the need for the use of fill to construct upon the property. 18.3.10.100 Development Standards for Wildfire Lands B. Requirements for Construction of All Structures. Finding: The property is within the wildfire overlay. There are no fuel loads on the property. There are no dead or dying trees or other vegetation. There is low growing grass only on the site. No other measures to prepare the site for construction are necessary. There are no flammable materials on the site that required removal for compliance with the General Fuel Modification Area. All newly planted vegetation within 50 feet of any building or deck will not include species listed on the City's Prohibited Flammable Plant List. The only tree in proximity to the development is a oak tree on the adjacent property to the north. The tree is more than 50-feet from the development area. According to the Fire Flow tests conducted by the Fire Department, there is adequate fire flow. 18.3.10.110 Development Standards for Severe Constraints Lands Finding: Page 18 of 22 An engineering geologic study of the property was completed by Galli Group in September 2019. The study finds that the site is stable for construction. With the recommended construction measures and the recommended erosion control measures undertaken the site is suitable for construction. Exception to Street Standards 18.4.6.040. B. Exceptions and Variances. Requests to depart from the requirements of this chapter are subject to chapter 18.5.5 Variances, except that deviations from section 18.4.6.040 Street Design Standards are subject to 18.4.6.020.13.1 Exceptions to the Street Design Standards, below. Finding:. The existing sidewalk pattern in vicinity is a curb side, five-foot sidewalk with street trees behind sidewalk. The request is to continue the sidewalk pattern. 1. Exception to the Street Design Standards. The approval authority may approve exceptions to the standards section in 18.4.6.040 Street Design Standards if all of the following circumstances are found to exist. a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. Finding: There are substantial slopes along the frontage of the property beginning approximately six feet behind the curb line of Skycrest Terrace, sloping steeply downhill towards to west. Curb, gutter including a pullout bay are present along the frontage of the property. There is a curbside sidewalk on the adjacent properties. The proposal allows for the installation of a connected sidewalk that is consistent with the sidewalk development pattern in the neighborhood. b. The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable. i. For transit facilities and related improvements, access, wait time, and ride experience. Finding: There are no transit facilities in the area. Page 19 of 22 ii. For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic. Finding: There are no bike lanes in the steeply sloped residential neighborhood. iii. For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of walking along roadway), and ability to safety and efficiency crossing roadway. Finding: There is little vehicular traffic in the neighborhood as it is not a "destination" and does not lead to any major destinations. The traffic is generally limited to neighborhood traffic. Pedestrians have historically walked in the roadway and shared the street with vehicular traffic and parking. c. The exception is the minimum necessary to alleviate the difficulty. Finding: The requested exception to the install curbside sidewalk, is the minimum necessary and is necessary due to the existing sidewalk location and the steep, street side slopes of the property. d. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. Finding: The Purpose and Intent of the Street Standards speaks to street connectivity and focus on providing a safe environment for all uses. There is an existing curbside sidewalk that terminates on either side of the subject property. The curbside sidewalk is connected to the existing sidewalk. 18.4.8 Solar Setback Standards C. Exceptions and Variances. 1. Solar Setback Exception. The approval authority through a Type 1 review pursuant to section 18.5.1,050 may approve exceptions to the standards in 18.4.8.030, Solar Setbacks, if the Page 20 of 22 requirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist. a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties' deed, a release forrn supplied by the City containing all of the following information: i. The signatures of all owners or registered leaseholders holding an interest in the property in question. ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted. iii. A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held harmless for any damages resulting from the waiver. iv. A description and drawing of the shading which would occur. Finding: The signatures of the affected adjacent property owners have been secured. The waiver applies only to the structure in question and no other. The solar shadow exceeds that allowed by code by V —11". The city is held harmless for any damages resulting from the solar waiver. The drawing of the proposed solar waiver area is provided with the application plan submittal set. b. The approval authority finds all of the following criteria are met. i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. Finding: The exception does not preclude the reasonable use of solar energy use from passive or active solar energy systems. The area of the site that is impacted by the extended solar shadow has slopes of more than 35 percent and is not considered buildable. Page 21 of 22 ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. Finding: The small shadow area beyond the area of allowed shadow does not diminish any substantial solar access on the adjacent property. The area is steeply sloped with a switchback trail leading from the yard area below up to Skycrest, there are no structures or garden area impacted. iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. (Ord. 3147 § 8, amended, 11/21/2017) Finding: The property is very steep east to west with more than 45 percent slopes in some locations. The north to south slope though is only six -percent which means that there is very little slope by comparison. The steep drop from the street grade to the west property line makes the height of the building as measured for height calculations from natural grade, the structure is higher than if on a less steep parcel. Conclusion: We believe it can be found that the proposed, small footprint, modestly size, three -bedroom single family residence with reduced side yard setbacks demonstrates compliance with the criteria and that through the imposition of conditions, the residence can be constructed on the site that is a welcome addition in the established neighborhood. Attachments: 1998 Approved Building Envelope Galli Group, September 19, 2019 Geotechnical Evaluation Application Plan Set Solar setback waiver forms as provided to the adjacent property owners Page 22 of 22 OZSZ.6 210 `(IWkSd o ° i ?Ja 1S�?OI�S S9Z o ° E _ R/ LU < . N 2 E E r Ca ono w D o c6 4{ M .. 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Retention in natural state. Finding: The lot area, 15,313 square feet, is required to retain 54.99 percent of the total lot as natural area. The proposed layout, reduced front setback, and limited terraces reduces the impacts to the hillside slopes. An underground stormwater detention pipe with connections to the retaining wall drains will be installed and the disturbed areas will be regraded and reseeded to their original condition. There is more than 8,420 square feet of the site retained in a natural state with 8,708.6 square feet retained as natural area. AMC 18.3.10.090. H. Exception to the Development Standards for Hillside Lands. 1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. Finding: The proposal requests an exception to the standard that limits the horizontal wall plane to 36- feet. (AMC 18.3.10.090.F.2.d) without a six-foot off -set. The entire wall length is 36' — V. There is a 2-foot setback. The subject property is very steep from the front property line as the lot falls away from the public right-of-way and street grade towards the rear property line. There is more than a 35% slope along the frontage of the parcel, and the lot remains very steep until the lower, 50 — 60 feet from the rear property line. Due to the steep slopes along the frontage of the property, there the structure is proposed with the garage at a reasonable grade from the street utilizing the reduced front yard setback. The lot has substantial lot depth and the lot width is generous, the property has very steep slopes from east to west which impacts the downhill wall heights and the amount of fill necessary to construct a home. There is more than four feet of fall for each foot away from the front property line thus the house if reoriented to have off -sets and step backs, the house would be very tall or have to consist of many floors to provide a useable floor area. The steep lot has a little slope ROGUE PLANNING G OEVELOPMENT SERVICES. LLC north to south for the purposes of the solar setback calculations requiring a large setback from the north property line. The slopes of more than 35 percent within the building envelope of a lot that was created after the hillside ordinance was adopted, this is unique circumstance. 2. The exception will result in equal or greater protection of the resources protected under this chapter. Finding: The proposed exception is to the two six-foot off -set rule along the horizontal plane. In the case of the subject property, the house already is at the minimum front yard setback to reduce downhill fill heights to support the structure. The construction of a house that is nearest the street and limits the amount of disturbance on the steep slopes and complies with solar setbacks retaining a large portion of the property in a natural state. 3. The exception is the minimum necessary to alleviate the difficulty. Finding: The requested exception is the minimum necessary to alleviate the difficulty of construction of the proposed residence on the site. The exception is minimal and will not have negative impacts on adjacent properties. The structure is more than 60-feet from the affected neighbor. The proposal preserves more than 54.99 percent of the site area (8,420 square feet) in a natural state with 8,708.6 square feet of the site in a natural state. The requested exception to the downhill wall horizontal plane, is minor considering the wall is only 4" in excess of the maximum wall length. 4. The exception is consistent with the stated Purpose and Intent of chapter 18.3.10 Physical and Environmental Constraints Overlay chapter and section 18.3.10.090 Development Standards for Hillside Lands. Finding: The allowed increase in the downhill wall height allows for reduction to the amount of disturbance area that occur with additional step backs into the steeper portions of the property consistent with the purpose and intent of the Physical and Environmental Constraints chapter, ift ROGUE PLANNING 9 DEVELOPMENT SERVICES, EEC allows for the protection of the natural and topographic character of the property. Fifty percent of the site is proposed to be unexcavated or left in a natural state. The reduced footprint area allows for a substantial reduction in the area of the hillside disturbed to construct the residence. The step back is not provided on the second floor since the footprint is only 768 square feet and a six-foot step back would reduce the floor area of the residence substantially. The exception also allows for the creation of below grade garage parking and entry and living area. With the small lot area, the foundation is substantially reduced to provide impervious surface areas for the necessary driveway area to provide minimum parking for two vehicle parking spaces as required by the code. 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LJ )§ [ \ \ 00 \� c \ k/(�{ \/ LL,L ` (g\/! \} )\)[ / } / S .0 7< =y ®/2±=� \ --©2k o (@ �E\y®5 IS `s00%= § /m ) z < j2{\=2 z B§ ° § _ /(e&4 2 §/ Z ` /0 OL\[}\B z (s 0= z, u ,_ \ / ) ¥ \]\Xof— \ § /» < uur<e==u)< ° @g<R}=&g;; ) \ / : E ] \� §) }( LU ail' // \) < IL W/ 2 �w [� / % 2� (� / \ / / & w 4 K� e � CT §\§\\ ( \ \} _ \ \Z \ _ _) § §2 � 7j c )! c oLLI e G ;! o�\ : � �• ° /\\ / : -2,i® Z � 2 � . �\ \ \\ \ / \? y \ \ / 0 (\j § co L,/\ _\ (/\ e z 0 of ± �© < ay2� - %� �? \ 0 LLJ \ j § ) 0 =P 7 I \) )\\ IL </\ \\ ® (/$ , l \ 0 a .\ & w «` u 2 2: g \ � m �. v. .. .., � \2 �� }& x \) \ #° \ §> a_/® m CITY OF ASH LAD Community Development -- Planning Department 20 East Main Street, Ashland, OR 97520 Phone 541-488-5303 Fax 541-488-6006 Planning Action # For County Use Address of Property Requesting Solar Waiver 265 Skycrest Drive, Ashland, OR 97520 Tax Lot # of Property Requesting Solar Waiver 39S 1 E 0$AB7 Tax Lot #207 Address of Property Agreeing to Solar Waiver 390 Orchard Street Ashland OR 97520 Legal Description of Property Agreeing to Solar Waiver (Attach, ff necessary) SPe Attnr:hmPnt' Fxh ihit A__ The undersigned, for themselves, their heirs, successors and assigns, consent to permit obstruction of their solar access rights described in Chapter 18.4.8.020 of the Ashland Municipal Code on that portion of property in Township 39, Range 1 East, Section 05nC: Tax Lot # 3000 1, further described by legal description in the attached Exhibit "A". The undersigned certify and agree to the following: 1. This agreement shall be binding upon their heirs, successors and assigns and shall run with the land. 2. The undersigned are the owners of the property described on Exhibit "A". 3. This waiver applies only to the specific building(s) noted in the attached Exhibit "B"; and to the shadow(s) cast by such building(s) as noted in Exhibit "B" 4. The solar access rights described in Chapter 18.4.8 of the Ashland Municipal Code are waived only for that buildable space shown on Exhibit V and the City of Ashland is indemnified and shall be held harmless for any damages resulting to any person or property resulting from this waiver. 5. The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is acknowledged by the undersigned. Property Owner(s) Agreeing to Solar Waiver Signature Date Signature Date State of Oregon ) Couniyo€Jackson ) On this day of . 20. before me personally appeared, whose identify was proven to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to this instrument, and acknowledged that he fshe) (they) executed the same. !. !Votary Public for Oregon Commission Expiration Date Approved by City of Ashland Planning Staff Date From: David Chapman To: planning Subject: Fwd: 265 Skycrest Solar Setback Waiver documents Date: Thursday, April 02, 2020 9:23:44 AM Attachments: Solar Setback Waiver.ndf Skvcrest 265 PE Findings 2020-03-30.pdf [EXTERNAL SENDER] This concerns Planning Action number PA-TI-2020-00100 Susan and I agree that this version of the plan from our neighbors is acceptable to us with regards to the requested solar waiver. We plan on having your department notarize our signatures on the waiver when you are open for business again. David & Susan Chapman Begin forwarded message: From: Amy Gunter <amygunter.plannin„gggmaiLcom> Subject: Re: 265 Skyerest Sour Setback Waiver documents Date: March 30, 2020 at 11:58:24 AM PDT To: David Chapman<davidehapman�..aslllandhoi-ne.net>, Susan Chapman <davidSUsangashlandliome.net> Hi David and Susan, I hope you both are healthy and well in these strange times. After reviewing the solar ordinance, and how the shadows are recorded, it was determined the map I had previously sent you was in -accurate. The attached map is an accurate depiction of the shadow created. What changed is that the previous map was measuring directly from the north property line which is at an angle. The setback for solar purposes is due north. The revised map depicts the shadows of the house, the shadow line allowed by code of a six-foot fence and the shadow beyond the six-foot fence line. Please contact me if there are any questions. Also attached are the findings for the application as submitted to the City. Once they provide me the Planning Action number, I request that you get your signature notarized. (The city has notaries but some of their offices are closed without an appointment. I'm not asking that you break quarantine either. Once I get the Planning Action number from the City, I'm going to ask for an email from you agreeing to the waiver as shown on the most recent documents and submit that to the planning staff and we will ride it out from there). Thanks! Amy Amy Gunter Rogue Planning & Development Services 541-951-4020 www.roguel2lanning.com This corn munication, including any attachments hereto or links contained herein, is for the sole use of the intended recipient(s) and may contain information that is confidential or legally protected. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of this communication is prohibited. If you have received this communication in error, please notify the sender immediately by return e-mail message and delete the original and all copies of the communication, along with any attachments from your system. On Mon, Mar 16, 2020 at 11:15 PM Amy Gunter <ainygunter.planning4ginail.cotn> wrote: Hello David and Susan, Thank you very much for meeting with us and for being agreeable to the solar waiver. I have attached the solar waiver documents. The first page provides you the information that I address the findings. The following pages are what I will ask you to sign following the application. I plan to submit Friday barring no unforeseen circumstances with the new changes to social interactions. Thank you both very much and stay healthy. Best regards, Amy Amy Gunter Rogue Planning & Development Services 541-951-4020 ww°w.rogueniannina.com This communication, including any attachments hereto or links contained herein, is for the sole use of the intended recipients) and may contain information that is confidential or legally protected. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of this communication is prohibited- If you have received this communication in error, please notify the sender immediately by return e-mail message and delete the original and all copies of the communication, along with any attachments from your system- 1xv-11. _K. farce! 1 of the Lind Partition Survey P-48-2004 Partition Plat recorded August 110', 2004 of the Record of Partition Plat to the City of Ashland, Jackson County, Oregon, and filed as Survey number 18376, in the office of the Jackson County Surveyor. (Code 5-01, Account #1-005786-4, Map 4391E05DC, Tax Lot #3000) OZSL6 aO `C1Nd1NSd o o z LU �uai13 m U N o b L 7 } \� 0" =Oz— 265 Skycrest Drive Physical & Environmental Constraints Review Permit Solar Setback Waiver Devitt Payne Family Trust : ec6ve ' 3 30.2525 March 30, 2020 Physical Constraints Review Permit for Hillside Development Solar Setback Waiver Address: 265 Skycrest Drive Map & Tax Lot: 39 1E 08 AB; 207 Legal Description: Lot 14 of the Skycrest Hills Subdivision (Phase 2) Zoning: Rural Residential (RR-.5) Overlay Zones: Performance Standards Subdivision Hillside Overlay including Severe Constraints Wildfire Land Overlay Property Owners: Devitt Payne Family Trust Kathleen Ann Devitt Trustee John Warren Payne 508 Aldin Circle Talent, OR 97540 Building Designer: TNT Design & Drafting Terry Thomas terry@tntcad.com Engineering and Geotech: Galli Group 612 NW Third Street Grants Pass, OR 97526 Planning Consultant: Rogue Planning & Development Services Amy Gunter 33 N Central Avenue, Suite 213 Medford, OR 97501 :Rec6ved.2020 Request: The request is for Physical and Environmental Constraints Review Permit for the construction of a new single-family residential home on the vacant lot at 265 Skycrest Drive. The request includes an exception to the hillside design standards with respect to the height of the downhill wall being over 20-feet. A solar setback waiver is requested to allow for a slightly increased amount of shadow onto the property to the north. The adjacent property owners have agreed to the solar setback waiver request. Property Description: The subject property is located on the west side of Skycrest Drive, south of the intersection of Skycrest Drive and Orchard Street. The property and the adjacent properties to the north, east and south were created as part of the Skycrest Hills Subdivision, a Performance Standards Subdivision which was platted in 1998. The subject property is zoned RR-.5, Rural Residential zoning with a %-acre minimum lot size. The rectangular shaped lot has 136.12-feet of frontage, extends 144.36- feet to the west along the south property line and 121.41-feet along the north property line. The west property line is 100-feet in length, north to south. The property is 15,313 square feet in area, .35 acres. The property slopes away from the street, downhill to the west. The average slope of the property is 29.9 20 r �� '�, .ww n,,• a d9 0Po9a1 . I lR�f V r � I yea q a a P" nT-rt:. �� uvMrd rc a �abuxrv' 91 A ��ezga° �"T 1 ri 15 t 6 47 ti a 2 a era SC• n,e ra�� rwxr A 4 7 ��d N ,T/M P:5ib2g1 z rrmmrwus x�h m percent. There are no trees or other significant vegetation on the property. A slope analysis has been provided. The parcel has an approved building envelope that was created as the minimum setbacks of the RR-.5 zone at the time of the lot platting. The building envelope provides a 20-foot front yard for garage, 15-foot front yard for facade of structure, ten -foot side yard setbacks and 15-foot rear yard setbacks. The building envelope includes areas of more than 35 percent slopes. Skycrest Drive has a 42-foot wide right-of-way. The street is improved with approximately 32-feet of pavement, curb and gutter along the frontage of the property. A fire truck hammerhead is just south of the subject property on the east side of Skycrest Drive. There are no sidewalks presently along the frontage of the property. :Rec6ved.2020 There are public utility easements of ten -feet along the street frontage and on the adjacent property to the north, and a 10-foot storm drain easement along the west property line. The public utilities serving the property such as water, storm sewer, sanitary sewer and electric service are present within the right- of-way, or within the public utility easements. Proposal: The request is to allow for the construction of a 2,892 square foot, single family residence. A 746 square foot garage with storage area and a 267 square foot covered porch are proposed. The structure is proposed as a single story with basement. The footprint of the structure is 2,855 square feet in area. The driveway is proposed to be 385 square feet. The proposed lot coverage of 3,240 square feet, complies with the maximum lot coverage of 3,262 square feet. The proposal provides for two off-street parking spaces within the garage. Due to the steep slope of the property, the reduced front yard setback is allowed when there is a 4:1 slope in the front setback area found in 18.2.5.060.A.3. The entire width of the lot's front yard is more than 25 percent slopes and in some areas is more than 40 percent slopes. The proposed facade of the garage is setback just over 13-feet from the front property line. The structure is proposed to be 10' — 2" from the south property line, a 10-foot setback is required. The rear yard setback is ten feet per story, the proposed setback is 63' — 3 1/8". The north property line setback is 36' — 9 1/8" at the nearest setback location, increasing to over 55-feet. There are significant slopes across the property ranging between 26.1 percent to over 45 percent. The majority of the approved building envelope area exceeds the maximum slope areas allowed for development with more than 35 percent slopes, and the steeped site slopes nearest the street and in the buildable area on the southern portion of the property. The slope of the property is pre-existing, non -conforming hillside parcel. The owners purchased the property in 2014. These steep slopes, downhill from the street, in the developable portions of the property create substantial development challenges with respect to the need for construction upon retained fill. The amount of the site that is required to be retained, natural slopes, and demonstrate strict adherence to the development standards from the Building Design Standards of the Hillside Development Ordinance. The structure requires structural retaining walls that support the structure to native grade, therefore, a tall retaining wall is necessary on the downhill side. This impactsthe hillside development building design :Rec6ved.2020 standards compliance due to downhill wall height measurements from natural grade. The majority of the facade complies with the standards on the downhill, west side. This is demonstrated with the facade wall of the residence for the below grade rooms, setback more than six feet. The main living level is setback six feet from the from the facade wall of the basement level. On the south half of the structure, the structural retaining wall is more than six -feet from the facade, the facade of the house does not have a six-foot step back and has 18' — 2" exposed above grade. The height measured to natural grade though is 23' and requires an exception. The lot area, 15,313 square foot lot is required to retain 54.99 percent of the total lot as natural area. The proposed layout, reduced front setback, and limited on terraces reduces the impacts to the hillside slopes the majority of the lot area is in a natural state. The property's slope from south to north as required with respect for how the solar setback north slope is measured, the site has a very moderate slope. The slope for the purposes of solar setbacks is only six percent "downhill" to the north. Due to the steep slopes away from the street, even with low pitched, hipped gable roofline, reduced plate heights, a substantial setback from the north property line, a solar setback waiver is still necessary. The shading is de minimis in its impacts to the property and extends less than two feet beyond the allowed shadow line. The portions of the adjacent property that will be shaded and extend beyond the shadow length that is an undevelopable area of the property as it is more than 35 percent slopes. The area of the property that will be shaded is minimal and does not impact the adjacent properties access to active or passive solar. The adjacent property owners have agreed to the solar setback waiver. A Geotechnical Report for the larger subdivision was completed in the early 2000s. The Galli Group has provided a site -specific geotechnical review. The project geotechnical and structural engineer will review all of the proposed documents for the land use application and provide engineering, storm drainage, erosion control and long-term maintenance guidance for the proposed site development. Findings addressing the approval criteria for Physical and Environmental Constraints Review for Hillside Development and Wildfire Overlay, exception to hillside design standards, variance to setbacks, exception to street standards and tree removal permit are addressed below. :Rec6ved.2020 CRITERIA FOR APPROVAL Physical and Environmental Constraints Review Permit for Hillside Development: 18.3.10.050 Approval Criteria A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. Finding: Through the application of the requirements of the Hillside Ordinance, the oversight of a geotechnical expert, a structural engineer, implementation of the erosion control plan, potential adverse impacts have been minimized. The proposed site development is consistent with the development has structural retaining walls to lessen the impact of a structure on the lot, limited terracing and site disturbance is proposed. The proposed structure is constructed upon retained fill. The area of fill is limited to the provide just the amount needed to withstand the surcharge of the structure and not to create a yard area. The proposed residence is sited in a manner to have the least amount of disturbance by limiting the footprint size and a reduced driveway length. The proposed development complies with lot coverage and has little disturbance areas outside of the footprint of the building to accommodate construction. All proposed construction occurs within the boundaries of the property. The proposed residence does not include large gable ends on the downhill side. This reduces the building height and mass, limiting visual impacts to the adjacent properties. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. Finding: The entire property exceeds 25 percent slopes. Based on the findings of the geotechnical expert, the site is stable for construction. According to the geotechnical report, the soils consist of medium dense to dense decomposed granite over weathered fractured granite rock. During very wet months the upper portions of the decomposed granite may become saturated but will not have an adverse impact on the site development or adjacent properties. There are no known concerns for liquefaction, ground rupture :Rec6ved.2020 or landslide issues or problems in the vicinity. The site, though very steep displays no slipping or slumping. Erosion control systems utilizing the installation of silt fencing and storm water drainage consistent with the recommendations of the report from the Galli Group, the proposed site development will not create any hazards. The foundation and structural retaining walls has been engineered and the geotechnical expert will provide periodic inspections of the site to verify the development recommendations are being complied with. Erosion control measures including a graveled entrance, silt fencing and bio-bags are proposed for erosion control measures. Specific drainage recommendations are provided by the geotechnical expert that will be incorporated into the grading and drainage plans created by the project engineer. All erosion control measures will remain in place throughout the duration of the site work portions of construction. 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. Findings: The limited footprint size and location of the proposed residence, driveway length and paved area reductions, limited retaining walls, all contribute to reducing the impacts of the proposed development. The proposal utilizes fill within an engineered retaining wall area to create structural walls that have the house constructed upon. Construction inspections will occur under the direction and guidance of the geotechnical expert, the structurally engineered single family residence and the associated site development has taken all reasonable steps to reduce adverse impact to the environment. The limited building footprint, reduced driveway minimized driveway length and resulting impervious surface reduction, demonstrate all reasonable steps have been taken to reduce adverse impacts on the environment. :Rec6ved.2020 18.3.10.090 Development Standards for Hillside Lands A. General Requirements. The following general requirements shall apply in Hillside Lands. 1. Buildable Area. All development shall occur on lands defined as having buildable area. Finding: The subject property has areas of the property that exceed 35 percent. The site was created in 1998 and at the time, the information was provided to the city that the lots were less than 35 percent slopes, though the average slope is less than 35 percent, there are actual slopes that exceed 35 percent slopes. The lot is buildable and based on the analysis of the Geotechnical firm, of the site is stable for construction. 2. Building Envelope. All newly created lots either by subdivision or partition shall contain a building envelope with a slope of 35 percent or less. Finding: There is a building envelope, but it contains areas of more than 35 percent slopes. 3. 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. Finding: No new street are proposed. The driveway is less than 100-feet in length. 4. Geotechnical Studies. For 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. Finding: A geotechnical study that contains the elements listed in the code, prepared by a geotechnical expert has been undertaken. The site has been determined to be stable for construction. B. Hillside Grading and Erosion Control. All development on lands classified as Hillside shall provide plans conforming to the following items. 1. All grading, retaining wall design, drainage, and erosion control plans for development on Hillside Lands shall be designed by a geotechnical expert. All cuts, grading or fills shall conform to the International Building Code and be consistent with the provisions of this ordinance. Erosion :Rec6ved 3 30.2020 control measures on the development site shall be required to minimize the solids in runoff from disturbed areas. Finding: The project Geotech and the engineering firm, Galli Group has provided geotechnical oversite. The project P.E., has reviewed the grading, erosion control, drainage and retaining wall plans that have been designed by others with demonstrable expertise in the development of Hillside Lands. The plans provided demonstrate compliance with the standards from the Land Use Ordinance. Silt fencing, bio-bags, tire cleaning area (as needed) are proposed methods of erosion control. The proposed erosion control measures are consistent with the provisions of this ordinance. The construction of retaining walls and engineered fill, will minimize the disturbance of the soil. 2. Timing of Improvements. Finding: This proposal is exempt from this section of the code. 3. Retention in natural state. Finding: The lot area, 15,313 square foot lot is required to retain 54.99 percent of the total lot as natural area. The proposed layout, reduced front setback, and limited on terraces reduces the impacts to the hillside slopes. There is more than 8,250 square feet of the site retained in a natural state. 4. Grading - Cuts. On all cut slopes on areas classified as Hillside Lands, the following standards shall apply. a. Cut slope angles shall be determined in relationship to the type of materials of which they are composed. Where the soil permits, limit the total area exposed to precipitation and erosion. Steep cut slopes shall be retained with stacked rock, retaining walls, or functional equivalent to control erosion and provide slope stability when necessary. Where cut slopes are required to be laid back (1:1 or less steep), the slope shall be protected with erosion control getting or structural equivalent installed per manufacturers specifications, and revegetated. Finding: :Rec6ved 3 30.2020 The proposed structure is developed mostly upon retained fill. There is a minor area where a cut is necessary on the southeast side of the structure. b. Exposed cut slopes, such as those for streets, driveway accesses, or yard areas, greater than seven feet in height shall be terraced. Cut faces on a terraced section shall not exceed a maximum height of five feet. Terrace widths shall be a minimum of three feet to allow for the introduction of vegetation for erosion control. Total cut slopes shall not exceed a maximum vertical height of 15 feet. The top of cut slopes not utilizing structural retaining walls shall be located a minimum setback of one-half the height of the cut slope from the nearest property line. Finding: No exposed cut slopes are proposed. c. Cut slopes for structure foundations which reduce the effective visual bulk, such as split pad or stepped footings, shall be exempted from the height limitations of this section. Finding: The cut is in the southeast corner for the structure foundation to be at the street grade of the property to provide a generally level driveway access into the garage. d. Revegetation of cut slope terraces shall include the provision of a planting plan, introduction of top soil where necessary, and the use of irrigation if necessary. The vegetation used for these areas shall be native, or species similar in resource value to native plants, which will survive, help reduce the visual impact of the cut slope, and assist in providing long term slope stabilization. Trees, bush - type plantings, and cascading vine -type plantings may be appropriate. Finding: The cut will be graded out into the front yard area and not left unretained in a manner that could rW-IM*'MQI1.MrriIP 5. Grading - Fill. On all fill slopes on lands classified as Hillside Lands, the following standards shall apply. a. Fill slopes shall not exceed a total vertical height of 20 feet. The toe of the fill slope area not utilizing structural retaining shall be a minimum of six feet from the nearest property line. Finding: :Rec6ved 3 30.2020 The proposed fill will be retained. The vertical height is less than 20-feet. There is substantially more than six feet from the property lines to the retained fill. b. Fill slopes shall be protected with an erosion control netting, blanket or functional equivalent. Netting or blankets shall only be used in conjunction with an organic mulch such as straw or wood fiber. The blanket must be applied so that it is in complete contact with the soil so that erosion does not occur beneath it. Erosion netting or blankets shall be securely anchored to the slope in accordance with manufacturer's recommendations. Finding: No un-retained fill slopes are proposed. The steep property, downhill from the street necessitates construction on fill. No erosion control blankets or netting is necessary and are not proposed. c. Whenever possible, utilities shall not be located or installed on or in fill slopes. When determined that it necessary to install utilities on fill slopes, all plans shall be designed by a geotechnical expert. Finding: The water and electric utilities are proposed to be connected to the public infrastructure in Skycrest Drive right of way. The stormwater collection line and the sanitary sewer lines are downhill from the building area. The fill is retained. The utilities will extend underground from the structure and in accordance with the geotechnical experts' recommendations. The utility plan will be reviewed and approved by the geotechnical expert. There are specific construction recommendations within the report that address utility installation. These will be followed throughout the development of the site. d. Revegetation of fill slopes shall utilize native vegetation or vegetation similar in resource value and which will survive and stabilize the surface. Irrigation may be provided to ensure growth if necessary. Evidence shall be required indicating long-term viability of the proposed vegetation for the purposes of erosion control on disturbed areas. Finding: No unretained fill slopes are proposed. The areas between the foundation wall and the structural retaining wall, will be planted with a low growing plant material that is not included in the prohibited plant list. There are no erosion control plant materials required. :Rec6ved.2020 6. Revegetation Requirements. Where required by this chapter, all required revegetation of cut and fill slopes shall be installed prior to the issuance of a certificate of occupancy, signature of a required survey plat, or other time as determined by the hearing authority. Vegetation shall be installed in such a manner as to be substantially established within one year of installation. Finding: No unretained cut or fill slopes are proposed. All disturbed areas will be revegetated with native ground covering grasses. The front yard will be landscaped with perennial p 7. Maintenance, Security, and Penalties for Erosion Control Measures. a. Maintenance. All measures installed for the purposes of long-term erosion control, including but not limited to vegetative cover, rock walls, and landscaping, shall be maintained in perpetuity on all areas which have been disturbed, including public rights -of -way. The applicant shall provide evidence indicating the mechanisms in place to ensure maintenance of measures. Findings: The retaining walls and landscaping will be maintained in perpetuity. b. Security. Finding: The performance bond will be posted as necessary. 8. Site Grading. The grading of a site on Hillside Lands shall be reviewed considering the following factors. a. No terracing shall be allowed except for the purposes of developing a level building pad and for providing vehicular access to the pad. Finding: Structural retaining walls and landscape retaining walls to support the necessary amount of fill on the downhill side of the residence are necessary to create a building pad. Minimal terracing is proposed. Where proposed, it is to provide access to the property from the street for the walkway and driveway and to provide for a small, outdoor patio area. b. & c. Avoid hazardous or unstable portions of the site. :Rec6ved.2020 Finding: Based on the Geological Report there are no hazardous or unstable portions of the site. There is no physical evidence on the site of any hazardous or unstable portions of the site. d. Building pads should be of minimum size to accommodate the structure and a reasonable amount of yard space. Pads for tennis courts, swimming pools and large lawns are discouraged. As much of the remaining lot area as possible should be kept in the natural state of the original slope. Finding: The proposed structure and driveway has a limited structural footprint, when compared to the size of the parcel. The building pad area is the minimum to provide for a stable area for construction of the residence. There are no large lawn areas. The majority of the lot is kept in the natural state of the original slope. The disturbed areas accounts for 9. Inspections and Final Report. Prior to the acceptance of a subdivision by the City, signature of the final survey plat on partitions, or issuance of a certificate of occupancy for individual structures, the project geotechnical expert shall provide a final report indicating that the approved grading, drainage, and erosion control measures were installed as per the approved plans, and that all scheduled inspections, as per 18.3.10.090.A.4.j were conducted by the project geotechnical expert periodically throughout the project. Finding: The final inspection report completed by the geotechnical expert will be provided prior to the issuance of the certificate of occupancy. C. Surface and Groundwater Drainage. Finding: The surface and groundwater drainage on the site will be directed into the city's storm drain system and designed in accordance with the Geotechnical Experts recommendations. D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall conform to the following requirements. 1. Inventory of Existing Trees. :Rec6ved.2020 Finding: There are no trees on the site. The tree on the adjacent property is more than 45-feet from the structure and there is a fence protecting the tree. E. Building Location and Design Standards. All buildings and buildable areas proposed for Hillside Lands shall be designed and constructed in compliance with the following standards. 1. Building Envelopes. Finding: When the lot was approved in 1998 a building envelope that meet the basic setbacks for the RR-.5 zone was proposed. The property has slopes significant over 35 percent within the building envelope. The steep parcel has site constraints that present development challenges. These include the street slope of the parcel away from the street, the low slope for the purposes of solar setback that push the developable area to the south because the height of structures is measured to natural grade which is more than 25-feet below the street grade within the first 25-feet of the property. 2. Building Design. To reduce hillside disturbance through the use of slope responsive design techniques, buildings on Hillside Lands, excepting those lands within the designated Historic District, shall incorporate the following into the building design and indicate features on required building permits. a. The height of all structures shall be measured vertically from the natural grade to the uppermost point of the roof edge or peak, wall, parapet, mansard, or other feature perpendicular to that grade. Maximum hillside building height shall be 35 feet. Finding: A single -story residence with basement is proposed. The proposed residence is significantly less than 35-feet in height. b. Cut buildings into hillsides to reduce effective visual bulk. Finding: The structure cannot be cut into the hillside which falls steeply away from the street. The height, is less than 35-feet, has hipped rooflines, and set -backs. :Rec6ved 3 30.2020 i. Split pad or stepped footings shall be incorporated into building design to allow the structure to more closely follow the slope. Finding: The proposed structure uses a split pad construction built upon structural fill. ii. Reduce building mass by utilizing below grade rooms cut into the natural slope. Finding: The residence is constructed on fill and uses below grade rooms. There is only a minor cut, the majority of the site is fill due to the steep grade downhill away from the street. c. A building step back shall be required on all downhill building walls greater than 20 feet in height, as measured above natural grade. Step -backs shall be a minimum of six feet. Decks projecting out from the building wall and hillside shall not be considered a building step -back. No vertical walls on the downhill elevations of new buildings shall exceed a maximum height of 20 feet above natural grade. Finding: The natural grade is very steep, in order to allow for a modestly sized residence and with the garage near the grade of the street, the structure is constructed upon fill. The structural retaining wall is 15' — 6" tall, at the tallest point the northwest corner. Along the west facade of the wall, the height of the wall follows the grade of the property, at the southwest corner, the retaining wall is 7' in height. The basement level facade wall is setback six feet from the facade of the structural retaining wall. The lower level room, from the top of the wall to finished floor of the story above is 9' — 6". The roof above this level is a deck for the upper story. The facade of the main living level is setback six feet from deck of the lower level below. The tallest downhill wall height of the main living level 23' - 10" on the north side of the structure. On the south side of the structure, there is a portion of the downhill wall height that is 23' —10" measured to the natural grade. Due to how height is measured to natural grade, though there is a six-foot step back from the grade of the fill slope. For the majority of the structure, to natural grade the wall height is more than 20', but the additional height is below the grade of the fill, reducing the impacts to the adjacent properties. :Rec6ved 3 30.2020 On the north side of the structure where the highest point of the below grade basement rooms from the natural grade, deck for main floor above is 24' — 6". The downhill wall height is more than 25-feet above natural grade at the west corner of the garage on the north side of the structure. A six-foot step back cannot be provided in the garage walls. The lot is very steep, an exception to the downhill wall height standards is requested. Findings are provided. d. Continuous horizontal building planes shall not exceed a maximum length of 36 feet. Planes longer than 36 feet shall include a minimum offset of six feet. Finding: No horizontal planes exceed 36-feet in length without any offset. There is an offset of six -feet from the below grade facade wall that creates an off -set to the 36' — 8" facade wall. The corresponding rooflines are offset and have differing heights and the offset breaks the mass of the structure. e. It is recommended that roof forms and roof lines for new structures be broken into a series of smaller building components to reflect the irregular forms of the surrounding hillside. Long, linear unbroken roof lines are discouraged. Large gable ends on downhill elevations should be avoided, however smaller gables may be permitted. Finding: The residence is proposed to have low pitch, hipped gable roof lines. There are four, distinct rooflines on the downhill side. There are no gable ends on the downhill elevation. f. It is recommended that roofs of lower floor levels be used to provide deck or outdoor space for upper floor levels. The use of overhanging decks with vertical supports in excess of 12 feet on downhill elevations should be avoided. Finding: There are no overhanging decks proposed. :Rec6ved 3 30.2020 g. It is recommended that color selection for new structures be coordinated with the predominant colors of the surrounding landscape to minimize contrast between the structure and the natural environment. Finding: Natural colors selected from the predominant colors of the landscape will be used for the exterior paint finishes. The metal roof will be non -reflective metal or class B or better shingles. The exterior materials consist of natural wood, and stucco. F. All structures on Hillside Lands shall have foundations designed by an engineer or architect with demonstrable geotechnical design experience. A designer, as defined, shall not complete working drawings without having foundations designed by an engineer. Finding: The foundation has been engineered by the Galli Group. The engineered foundation plans will be provided with the building permit set. G. All newly created lots or lots modified by a lot line adjustment must include building envelopes containing a buildable area less than 35 percent slope of sufficient size to accommodate the uses permitted in the underlying zone, unless the division or lot line adjustment is for open space or conservation purposes. Finding: This section is not applicable. H. Exception to the Development Standards for Hillside Lands. 1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. Finding: The proposal requests an exception to the standards for downhill wall height. The subject property is very steep and though the structure has limited plate heights, below grade rooms, compliance with the standards is not possible. The building is constructed upon fill with a structural retaining wall, a six-foot step back and then the lower level. Beyond the lower level is the upper, main living level, set back six feet from the facade of the floor below. Since the :Rec6ved.2020 height of structures is measured to natural grade, an exception to the downhill wall height standards is necessary because the lot is very steep. The property has been available for development since the 1990s proposals never materialized due to the site complexity. 2. The exception will result in equal or greater protection of the resources protected under this chapter. Finding: The proposed exception allows for a modest sized house on a very steep lot. The requested exception to the downhill wall height is due to the measured to natural grade. The wall height from the natural grade to the finished floor of the main floor above on the downhill walls is more than 20-feet. Above the level of the fill, the height of the structure is at no point more than 20-feet. The majority of the facade complies with the standards on the downhill, west side. This is demonstrated with the facade wall of the residence for the below grade rooms, setback more than six feet. The main living level is setback six feet from the from the facade wall of the basement level. On the south half of the structure, the structural retaining wall is more than six - feet from the facade, the facade of the house does not have a six-foot step back and has 18' — 2" exposed above grade. The height measured to natural grade though is 23' and requires an exception. 3. The exception is the minimum necessary to alleviate the difficulty. Finding: The requested exception is the minimum necessary to alleviate the difficulty of construction of the proposed residence on the site. The height measured from natural grade and to keep the house near the grade of the street, retention of natural slopes, solar setback standards, and the very steep parcel necessitates the exception. The house steps down the hill and all height above grade of the surface of the "fill" ground does not exceed maximum height. Impacts to adjacent neighbors is limited due to the large setbacks provided from the downhill neighbors. :Rec6ved 3 30.2020 4. The exception is consistent with the stated Purpose and Intent of chapter 18.3.10 Physical and Environmental Constraints Overlay chapter and section 18.3.10.090 Development Standards for Hillside Lands. The requested increase in the downhill wall height is due to the retention of the fill on the very steep lot. The downhill wall height is measured to natural grade. Within ten -feet of the property the property drops off with a 40 to 45 percent slope. This wall of the house at the reduced setback from natural grade is more than ten -feet from natural grade. This is just to obtain grade of the street to have the house closer to the street to reduce impacts downhill of the steep slope continues to the lower half of the site, where the slope is lower at 26 — 37 percent. This is consistent with the purpose and intent of the Physical and Environmental Constraints chapter, allows for the protection of the natural and topographic character of the property. More than fifty percent of the site is proposed to be unexcavated or left in a natural state. The exception is due to the need for the use of fill to construct upon the property. 18.3.10.100 Development Standards for Wildfire Lands B. Requirements for Construction of All Structures. Finding: The property is within the wildfire overlay. There are no fuel loads on the property. There are no dead or dying trees or other vegetation. There is low growing grass only on the site. No other measures to prepare the site for construction are necessary. There are no flammable materials on the site that required removal for compliance with the General Fuel Modification Area. All newly planted vegetation within 50 feet of any building or deck will not include species listed on the City's Prohibited Flammable Plant List. The only tree in proximity to the development is a oak tree on the adjacent property to the north. The tree is more than 50-feet from the development area. According to the Fire Flow tests conducted by the Fire Department, there is adequate fire flow. 18.3.10.110 Development Standards for Severe Constraints Lands Finding: :Rec6ved.2020 An engineering geologic study of the property was completed by Galli Group in September 2019. The study finds that the site is stable for construction. With the recommended construction measures and the recommended erosion control measures undertaken the site is suitable for construction. Exception to Street Standards 18.4.6.040. B. Exceptions and Variances. Requests to depart from the requirements of this chapter are subject to chapter 18.5.5 Variances, except that deviations from section 18.4.6.040 Street Design Standards are subj ect to 18.4.6.020.B.1 Exceptions to the Street Design Standards, below. Finding: The existing sidewalk pattern in vicinity is a curb side, five-foot sidewalk with street trees behind sidewalk. The request is to continue the sidewalk pattern. 1. Exception to the Street Design Standards. The approval authority may approve exceptions to the standards section in 18.4.6.040 Street Design Standards if all of the following circumstances are found to exist. a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. Finding: There are substantial slopes along the frontage of the property beginning approximately six feet behind the curb line of Skycrest Terrace, sloping steeply downhill towards to west. Curb, gutter including a pullout bay are present along the frontage of the property. There is a curbside sidewalk on the adjacent properties. The proposal allows for the installation of a connected sidewalk that is consistent with the sidewalk development pattern in the neighborhood. b. The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable. i. For transit facilities and related improvements, access, wait time, and ride experience. Finding: There are no transit facilities in the area. :Rec6ved 3 30.2020 ii. For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic. Finding: There are no bike lanes in the steeply sloped residential neighborhood. iii. For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of walking along roadway), and ability to safety and efficiency crossing roadway. Finding: There is little vehicular traffic in the neighborhood as it is not a "destination" and does not lead to any major destinations. The traffic is generally limited to neighborhood traffic. Pedestrians have historically walked in the roadway and shared the street with vehicular traffic and parking. c. The exception is the minimum necessary to alleviate the difficulty. Finding: The requested exception to the install curbside sidewalk, is the minimum necessary and is necessary due to the existing sidewalk location and the steep, street side slopes of the property. d. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. Finding: The Purpose and Intent of the Street Standards speaks to street connectivity and focus on providing a safe environment for all uses. There is an existing curbside sidewalk that terminates on either side of the subject property. The curbside sidewalk is connected to the existing sidewalk. 18.4.8 Solar Setback Standards C. Exceptions and Variances. 1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030, Solar Setbacks, if the :Rec6ved.2020 requirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist. a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties' deed, a release form supplied by the City containing all of the following information: i. The signatures of all owners or registered leaseholders holding an interest in the property in question. ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted. iii. A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held harmless for any damages resulting from the waiver. iv. A description and drawing of the shading which would occur. Finding: The signatures of the affected adjacent property owners have been secured. The waiver applies only to the structure in question and no other. The solar shadow exceeds that allowed by code by 1' —11". The city is held harmless for any damages resulting from the solar waiver. The drawing of the proposed solar waiver area is provided with the application plan submittal set. b. The approval authority finds all of the following criteria are met. i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. Finding: The exception does not preclude the reasonable use of solar energy use from passive or active solar energy systems. The area of the site that is impacted by the extended solar shadow has slopes of more than 35 percent and is not considered buildable. :Rec6ved.2020 ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. Finding: The small shadow area beyond the area of allowed shadow does not diminish any substantial solar access on the adjacent property. The area is steeply sloped with a switchback trail leading from the yard area below up to Skycrest, there are no structures or garden area impacted. iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. (Ord. 3147 § 8, amended, 11/21/2017) Finding: The property is very steep east to west with more than 45 percent slopes in some locations. The north to south slope though is only six -percent which means that there is very little slope by comparison. The steep drop from the street grade to the west property line makes the height of the building as measured for height calculations from natural grade, the structure is higher than if on a less steep parcel. Conclusion: We believe it can be found that the proposed, small footprint, modestly size, three -bedroom single family residence with reduced side yard setbacks demonstrates compliance with the criteria and that through the imposition of conditions, the residence can be constructed on the site that is a welcome addition in the established neighborhood. 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Z � O \ Wau mn 0- k4 LL \ umm� ,0 /zo § �/ co { b LLJz $ � > , »a . % /L ` o ��Z \� j\ f(( < y» \}} \ °> goy �(g - = . /2 0 (_< 3EG@ \§\}\ zo>=< § O OUo OZSG6 2I0 `aNVINSd u0< o N z 21a 1Sl2IOXNG S9Z m�� 7 1N��n I C�� C�� 1 I�C �� O quali3 0 N 0 0 E d z E Q 9 Q o - o o m EN Na ono - 4 o N m m m o u m -- m N m N m - m °' z w Q 0 - Q N o m z�x Q � E z _N QNNzz az O o g z w z N ooQQQ��Q N N wozoww wzz m z Q g w w o a 0 0 0�zz00o��� �Q Q +0 Q Q N w w W 0 O o U j w 0 0 0 0 j O O Q Q w y N O m o 0 0 } O r m O 0 cn m m O O O wo N U o m a a w N o m J m m e N Nwu g z o n > Q Q m z m z - Q Q m - N m Itm m ro m 0- --- z a o N a 3 0 0� o N a a a a a a a a a a a a d n O N 0 m V i /io JI O m O `1- z � N 0 z � ~ z z O Z*I The comments of this pre-app are preliminary in nature and subject to change based upon the submittal of additional or different information. The Planning Commission or City Council are the final decision making authority of the City, and are not bound by the comments made by the Staff as part of this pre -application. ASHLAND PLANNING DIVISON SITE: 265 Skycrest Drive PRE -APPLICATION CONFERENCE APPLICANT: Rogue for Devitt & Payne COMMENT SHEET January 22, 2020 REQUEST: Physical and Environmental Constraints Review Permit PLANNING DIVISION COMMENTS This pre -application conference is intended to highlight significant issues before the applicant prepares and submits a formal application. Staff identified the following issues in reviewing the proposal to construct a single family residence on the subject property: Original Subdivision Approval: The subdivision approval required that new homes construct sidewalks along their full frontage, plant street trees, and be constructed to conservation housing standards because the subdivision originally received a density bonus. Physical & Environmental (P&E) Constraints Review Permit: 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. 1 - roug[w tI[-ne appIIiica iioiri of tI[-ne deveII )pir�neiri�t s�tairidairds of tI[-niis dmp eir�,, tI[-ne po�teiri 4I ii �npac s to tIwne pitopeit y acrid irieaitI)y aiteas I[mve Ibeeiri coirisa leited,, acrid adveit&.e airnpacts I[mve Ibeeiri irnuiriairnured. The applicable development standards include: J AM(.` 18.3.10.090 i i ;v �; � 7�� � �;Tl �D�arl�i<�b�:�' s, for 1fillside I'arl�' s, ✓ Engineered Plans: Ashland Municipal Code 18.3.10.090.B requires the foundation and all grading, retaining wall design, storm drainage, and erosion control plans for development on Hillside Lands are required to be designed by a geotechnical expert/engineer, in addition to conforming to the Building Code and being consistent with the provisions of this the Physical and Environmental Constraints Chapter. ✓ Grading Plan - Retaining/Cuts & Fills: A grading plan including the location of all areas of land disturbance, including cuts and fills is required. The total area of disturbance, total percentage of project site proposed for disturbance, and maximum depths and heights of cuts and fill must be included. ✓ Grading — Cuts: 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.4c. ✓ Grading — Fill: Fill slopes are not to exceed a total vertical height of 20 feet, and the toe of fill shall be a minimum of six feet from the nearest property line. Fill slopes are to be protected by erosion control netting, blanket or the functional equivalent. To the extent possible, utilities shall not be located in fill slopes. 265 Skycrest Drive January 22, 2020/dds Page 1 ✓ Landscape Plan/Re-Vegetation: A landscaping and irrigation plan for re -vegetation of cut and fill slopes in accordance with AMC 18.3.10.090.B.7 will need to be included with the submittal. The vegetation used for these areas must be native or species similar in resource value, which will survive, help reduce the visual impact of the cut/fill slopes and assist in providing long-term slope stabilization. For more details, see requirements in AMC 18.3.10.090.B.7. Maintenance and Security requirements would also need to be addressed to secure completion of all measures for long-term erosion control. ✓ Stormwater Plan: All storm water drainage plans would need to be designed in accordance with AMC 18.3.10.090.C. ✓ 18.310.090.D Tree Conservation, Protection & Removal: (If there are any trees impacted by the proposal...) The application will need to clearly address the need to remove any trees along with required tree protection measures for trees impacted by site disturbance and construction. See AMC 18.4.5 for more information on Tree Preservation & Protection requirements. When the application moves forward, it will be reviewed by the Tree Commission. ✓ 18.3.10.090.E.2.a. Natural grade is unclear in the elevation drawings. 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, and maximum hillside building height shall be 35 feet as illustrated in Figures 18.3.10.090.E.2.a.i and 18.3.10.090.E.2.a.ii ✓ 18.3.10.090.E.2.b. Buildings are to be cut into the hillside to reduce their effective visual bulk with split pad or stepped footings to allow the structure to more closely follow the slope, and below -grade rooms used to reduce the mas by cutting into the natural slope. This standard does not appear to be met in the current design — the building is shown placed on fill and appears to be entirely above grade. ✓ 18.3.10.090.E.2.c. A building step back is required on all downhill building walls greater than 20 feet in height, as measured above natural grade. Step -backs are to be a minimum of six feet. Decks projecting out from the building wall and hillside shall not be considered a building step -back. No vertical walls on the downhill elevations of new buildings shall exceed a maximum height of 20 feet above natural grade. See Figure 18.3.10.090.E.2.c. This standard does not appear to be met in the current design. ✓ 18.3.10.090.E.2.d. Continuous horizontal building planes shall not exceed a maximum length of 36 feet. Planes longer than 36 feet shall include a minimum offset of six feet as illustrated in Figure 18.3.10.090.E.2.d. This standard does not appear to be met in the current design. 265 Skycrest Drive January 22, 2020/ds Page 2 ✓ 18.310.090.E.2.e. Large roof gable ends on downhill elevations are to be avoided as illustrated in Figure 18.3.10.090.E.2.c. This standard does not appear to be met in the current design. J AM , 18., .10.1�:0 Dev��lo][.)im. �o D�.l�1<b '14�:m 1� Wl➢old ;l <b l'i4�:m ✓ The application would generally need to respond to the standards for Wildfire Lands, including providing a General Fuel Modification Area fuel reduction plan addressing the requirements in AMC 18.3.10.100.13 will need to be provided and approved prior to bringing combustible materials onto the property. Any new landscaping proposed would need to comply with the standards and could not include plants listed on the Prohibited Flammable Plant List (see Resolution #2018-028 at hqp://records.ashland.or.us/weblink/O/doc/126514/Pagel..aspx). IJ AM( , 18.3.10.111) Develo][.)n�erlt tarldards, for Severe Corl4mtrairits, l.'arlds ✓ Where the proposal involves the development of Hillside Lands with Severe Constraints (i.e. slopes in excess of 35 percent) the application must include an `engineering geologic study' establishing that the site is stable for the proposed use and development as detailed in AMC 18.3. 10.11 O.D. For those areas where the proposal does not comply with the applicable development standards, the design would need to be adjusted to comply or an exception requested. Exception requests would need to address the criteria for an Exception to the Development Standards for Hillside Lands in AMC 18.3.10.090.H and Exceptions to a Fire Prevention and Control Plan and General Fuel Modification Area Standards in AMC 18.3.10.100.E. Generally, exceptions require a demonstration that there is a demonstrable difficulty due to a unique or unusual aspect of the site, and that the exception is the minimum necessary to alleviate the difficulty, will result in greater protection of the hillside and is consistent with the purpose and intent of the chapter and the development standards. B. 1' qI IpI Q:� t t IIpQ,"..� Qp�w p �,pY IIryI II �..qa ri t III IIII Q:� s �..wo to &.TqI p�.lwQ,"..� I Q,"..� d t w IIIyQp,"..� �,.Y^p&.lYy!�twQ,"..� ri pt Q:� I IyIIpQ:� A'_, a I d Its t II Q:II� IIt t IpIIIIryQ,"..�Iy^gd Q,"..w� @IyY pQ,"..� &pYIIryp rr II Q,"..� ^riy� t rgII pII a w c i Q,"..� a t Q,"..� a ri d l rll Iple rll Ier11ted rll IeQ:�&.TN.M r�„s to rll IIII�I�I��Q:��te �U Ie �,.Y&.Y�te rII �It4Q I IIQ:�A'_a r�. s W.�Q:�N.M&.ed lby �t Ie V..M�„b@ ek.)p rll Ier11 �t. C. 1. lwn®��wgt yt[-n _gyp ��w����llll� cirri Iwn��ws t��w lkeiri a�w 111 p Ir�_���w q&.oiri�y�w lk�lle s.�t�_���&.�gpto Ir�_�c.l��ulcye t[-neap ��dveir&.e Iir������c yoiri tIVpe eIri@YIIIroIriIrIIIIeIrit. IIIrIre@YeIrsIIIbIIe Pall )Iris sIwIIQ�wIIII be coIrisII�.leIred IrIIIIoIre seIrIIc ��usIIy tIwIIQ�wIri Ire@YeIrsIIIbIIe actIIa.YIris.1IwIe Staff AdvIIsoiroir[I�airiiriIIirig CoIrnIrnIIssII )Iri si4I coIrisk: eIY. tne exIIs'tIIIrig devQ_" )pIrneIri of tne s0.AIrIrouric IIIrig airea,, airid t[-ne Irn� xw irn ulrn devek)pirneirit peirlrrftt _d by t[-nus oir&riairice. 265 Skycrest Drive January 22, 2020/ds Page 3 Other Issues: Solar Setback/Solar Variance: Generally, the Planning Commission has been hesitant to grant exceptions to the solar access standards for new construction on vacant lots instead seeking to have applicants achieve compliance through sensitive site planning and building design. The application would need to make a strong case for an exception here — i.e. how the site circumstances are unique, efforts to minimize shadow with low pitched roofs, low plate heights, placement of the house on the southern portion of the lot, and minimal shading of undevelopable areas of the impacted lot, and clearly demonstrate why developing the lot in a manner more in keeping with standards by cutting the building into the hillside to minimize height - rather than building on fill — is not being pursued. (NOTE: The impacted property owner(s) to the north are required to agree to any shading in excess of that allowed by code and have a deed restriction allowing the requested shading recorded on their property. Without the impacted owner's written consent to the requested shading, an exception request could not be considered.) Neighborhood Outreach: Projects involving changes to established neighborhood patterns can be a concern for neighbors. Staff recommends that applicants approach any affected neighbors, make them aware of the proposal and try to address any concerns as early in the process as possible. When an application is deemed complete, notices are typically sent to neighbors within a 200-foot radius of the property. Written Findings/Burden of Proof: This pre -application conference is intended to highlight significant issues noted by staff and bring them to the applicant's attention prior to their preparing a formal application submittal. Written findings addressing the ordinance and applicable criteria are required, and are heavily depended on when granting approval for a planning action. In addition, the required plans are explained in writing below. The burden of proof is on the applicant(s) to ensure that all applicable criteria are addressed in writing and that all required plans, written findings, and other materials are submitted even if those items were not discussed in specific, itemized detail during this initial pre -application conference. 265 Skycrest Drive January 22, 2020/ds Page 4 OTHER ORDINANCE REQUIREMENTS See AMC Table 18.2.5.030.A "Standards for Urban Residential Zones" Lot Coverage: Of particular note, the lot coverage allowance in this RR-.5 zone is limited to 20 percent. Love coverage includes the building footprint, driveways, walkways, decks, etc. (i.e. anything other than natural landscaped areas). OTHER CITY OF ASHLAND DEPARTMENT COMMENTS BUILDING: "No comments at this time from Building. The application addresses that there will be a Geo-Tech and structural engineer assigned to the project." Please contact the Building Division for any building codes -related questions at 541-488-5305. CONSERVATION: For more information on available water conservation programs, including any available appliance rebates or assistance with landscaping and irrigation system requirements, please contact Water Conservation Specialist Julie Smitherman of Conservation Division at 541-552-2062 or via e-mail to )ulie.smithennanL&ashland.or.us . For information on any financial or technical assistance available for the construction of Earth Advantage/Energy Star buildings, please contact Conservation Analyst/Inspector Dan Cunningham at 541-552-2063 or via e-mail to dan.cunnin ham u7ashland.or.us ENGINEERING: See comments at the end of this document. Please contact Karl Johnson of the Engineering Division for any Public Works/Engineering information at 541-552-2415 or via e-mail to karl.iohnson(u7ashland.or.us . FIRE: See comments at the end of this document. Please contact Ralph Sartain from the Fire Department for any Fire Department -related information at 541-552-2229 or via e-mail to ralph.sartainL&ashland.or.us . WATER AND SEWER SERVICE: If the project requires additional water services or upgrades to existing services the Ashland Water Department will excavate and install in the city right -of- way all water services up to and including the meter on domestic and commercial water lines. If a fire line is required the water department will also only install a stub out to the location where the double check detector assembly (DCDA) complete with a Badger® brand cubic foot bypass meter should be placed in a vault external to the building. The vault and the DCDA device housed in it are the responsibility of the property owner and should be placed at the property line. Fees for these installations are paid to the Water Department and are based on a time and materials quote to the developer or contractor. Meter sizes and fire line diameters will need to be provided to the Water Department at the time of a quote being requested. Please Contact Steve Walker at 552.2326 or e-mail walkers (r&ashland. or.us with any questions regarding water utilities." ELECTRIC SERVICE: Please contact Dave Tygerson in the Electric Department at (541) 552- 2389 or via e-mail to tygersod&ashland.or.us for service requirements and fee information. 265 Skycrest Drive January 22, 2020/ds Page 5 OREGON DEPARTMENT OF TRANSPORTATION (ODOT): "ODOT does not have any comments on this SFR development. Thanks for keeping us in the loop!" For any further ODOT- related information, please contact Micah Horowitz, AICP, ODOT Region 3 1 Senior Transportation Planner, 100 Antelope Road, White City, OR 97503, p: 541.774.6331 1 e: micah.horowitz(codot.state. or.us PROCEDURE Physical Constraints Review Permits are subject to a "Type I" procedure which includes an administrative decision made following public notice and a public comment period. Type I decisions provide an opportunity for appeal to the Planning Commission. APPLICATION REQUIREMENTS Submittal Information. The application is required to include all of the following information. a. The information requested on the application form at http://www.ashland.or. us/Files/Zoning%20Permit%20Application.pdf . b. Plans and exhibits required for the specific approvals sought (see below). c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail (see below). d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable. e. The required fee (see below). The Ashland Land Use Ordinance, which is Title 18 of the Municipal Code, is available on-line in its entirety at https://ashland. municipal.codes/LandUse Written Statements Please provide two copies of a written statements explaining how the application meets the approval criteria from the sections of the Ashland Municipal Code listed below. These written statements provide the Staff Advisor or Planning Commission with the basis for approval of the application: o Solar Setback Variance AMC 18.4.8.020.C.2.a o Physical Constraints Review Permit AMC 18.3.10.050 o Development Standards for Hillside Lands AMC 18.3.10.090 o Development Standards for Wildfire Lands AMC 18.3.10.100 o Development Standards/Severe Constraints AMC 18.3.10.110 o Tree Protection Plan AMC 18.4.5.030 265 Skycrest Drive January 22, 2020/ds Page 6 Plans & Exhibits Required Please provide two sets of exhibits (plans or drawings) addressing the submittal requirements from the sections of the Ashland Municipal Code listed below. These exhibits are used to copy the Planning Commission packets and for notices that are mailed to neighbors. Please provide two copies on paper no larger than 11-inches by 17-inches and reproducible copies that are drawn to a standard architect's or engineer's scale. o Solar Setback Variance AMC 18.4.8.020.C.1.a o P&E Constraints Review Permit AMC 18.3.10.040 o Tree Protection Plan AMC 18.4.5.030.13 PLANNING APPLICATION FEE: Physical Constraints Review Permit $1,092 Exceptions (if applicable) $ 0 Solar Setback Variance $1,092 Tree Removal Permit (if applicable) $ 0 NOTE: Applications are accepted on a first come -first served basis. All applications received are reviewed and must be found to be complete before being processed. Applications will not be accepted without a complete application form signed by the applicant(s) and property owner(s), all required materials and full payment. Applications are reviewed for completeness in accordance with ORS 227.178. For further information, please contact: January 22, 2020 Derek Severson, Senior Planner Date City of Ashland, Department of Community Development Phone: 541-552-2040 or e-mail: derek.seversonL&ashland.or.us 265 Skycrest Drive January 22, 2020/ds Page 7 Ashland Fire & Rescue (AF&R) Pre -Application Comments Date: Project Address: Permit Number: Project Description: AF&R Contact: 01-08-2020 265 Skycrest Dr PreApp-2019-00169 NEW SFR Ralph Sartain 541-552-2229 ralph.sartain ashland.or.us Fire department comments are based upon the 2014 Oregon Fire Code as adopted by the Ashland Municipal Code, and Ashland Land Use Laws: Reference Description OFC 505.1 Addressing - New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. OFC 503.2.8 Fire Apparatus Access Approach -The angle of approach at the point where the public road transitions to the private fire apparatus access road must meet the City of Ashland Engineering Department specifications. OFC 503.2.1 Fire Apparatus Access -Single Residential Lot -If the furthest point on the structure is greater than 150' from the street, the entire length of the private drive or street must meet fire apparatus access. Fire apparatus access shall be 15 feet clear width, with the center 12 feet being constructed of an all-weather driving surface. Fire apparatus access must support 60,000 pounds, no parking, have a maximum slope of 10 percent, and have vertical clearance of 13' 6". The required width of a fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. With the installation of fire sprinklers, 200' of the driveway is allowed to have an 18 percent slope. Inside turning radius is at least 20 feet and outside turning radius is at least 40 feet and must be indicated on site plans submitted for building permits. Fire apparatus access is required to be signed as "No Parking -Fire Lane". Final plat needs to indicate that the private drive is fire apparatus access and must state that it cannot be modified without approval of Ashland Fire & Rescue. AMC Fire Apparatus Access -Shared Access Easement -If a fire apparatus access road crosses onto or over another propel iy owners parcel, an easement must be 265 Skycrest Drive January 22, 2020/ds Page 8 obtained to provide access for fire apparatus. Easement language needs to include wording that indicates that the shared access easement may not be modified, removed, or obstructed in any way without prior written approval from Ashland Fire and Rescue. AMC Aerial Ladder Access — Structures exceeding 24 feet in height above the lowest level of fire apparatus access are required to provide access roads capable of accommodating fire department aerial apparatus. These access roads are required to be 26 feet in width in the immediate vicinity of the building. OFC Appendix D 105 as amended by. AMC 15.28.070 K & L D105.1 Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. D105.2 Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the building and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be placed with the approval of the fire code official. OFC 503.1.1 Firefighter Access Pathway — An approved footpath around the structure is required so that all exterior portions of the structure can be reached with the fire hose. Any changes in elevation greater than two feet in height (such as retaining walls) require stairs. The stairs shall be an all-weather surface, and meet the requirements as specified in the Oregon Structural Specialty Code. OFC 503.1.1 AMC Fire Hydrant Distance to Structures - Hydrant distance is measured from the hydrant, along a driving surface, to the approved fire apparatus operating location. Hydrant distance shall not exceed 300 feet. Hydrant distance can be increased to 600 feet if approved fire sprinkler systems are installed. 507.5.5 Fire Hydrants Clearance - Hydrants must have 3 feet of clearance extending from the center nut of the hydrant all the way around. Fences, landscaping and other items may not obstruct the hydrant from clear view. Hydrants must be shown on site plan when submitting for building permits. 265 Skycrest Drive January 22, 2020/ds Page 9 OFC 503.1.1 Fire Sprinkler System — The installation of a fire sprinkler system may be an acceptable means to mitigate deficiencies related to other fire requirements such as fire flow, hose reach, fire lane width, fire apparatus turn -around, distance to fire hydrants, and fire department work areas. Fire Extinguishers - Provide 2AI OBC fire extinguishers within 75 feet of travel distance. The fire extinguisher shall be mounted on the wall at approximately 48 inches above the floor. Gates and Fences — Obstructions such as gates, fences, or any other item which would block or reduce the required fire apparatus access width must be shown on the plans and approved by Ashland Fire and Rescue. AMC Wildfire Hazard Areas — On lands designated in the Wildfire Lands Overlay, a "Fuel Break" as defined in Ashland Municipal Code, section 18.3.10.100 is required. AMC Wildfire Hazard Areas -All structures shall be constructed or re -roofed with Class B or better non -wood roof coverings, as determined by the Oregon Structural Specialty Code. No structure shall be constructed or re -roofed with wooden shingles, shakes, wood -product material or other combustible roofing material, as defined in the City's building code. AMC 18.3.10.100 AMC Vegetation —existing and intentionally planted vegetation is required to meet AMC 18.3.10.100B(2) General Fuel Modification Area Standards. The Fire Wise landscaping brochure provides diagrams and examples of how to meet these requirements. www.ashlandfirewise.orq. Contact Ashland Fire & Rescue Forestry Division for a fuel break inspection. AMC Fire Season — If work will be completed during fire season, check fire season fire prevention requirements found at www.ashland.or.us/fireseason . AMC Accessory Residential Units in Wildfire Hazard Areas - Accessory Residential Units on land zoned RR in the Wildfire Hazard Areas are required to install a residential fire sprinkler system. Construction General Information/Requirements Development shall comply with access and water supply requirements in accordance with the Oregon Fire Code in affect at the time of development submittal. Fire apparatus access roads are required to be installed prior to the time of construction. The approved water supply for fire protection (fire hydrants) is required to be installed prior to construction when combustible material arrives at the site. Specific fire protection systems may be required in accordance with the Oregon Fire Code. This plan review shall not prevent the correction of errors or violations that are found to exist during construction. This plan review is based on information provided only. 265 Skycrest Drive January 22, 2020/ds Page 10 Design and installation shall meet the Oregon requirements of the International Fire, Building, Mechanical Codes and applicable NFPA Standards. Final determination of fire hydrant distance, fire flow, and fire apparatus access requirements will be based upon plans submitted for Building Permit review. Changes from plans submitted with this application can result in further requirements. Any future construction must meet fire code requirements in effect at that time. The fire department contact for this project is Fire Marshal Ralph Sartain. He may be contacted at (541) 552- 2229 or ralph.sartain ashland.or.us . 265 Skycrest Drive January 22, 2020/ds Page 11 Public Works & Engineering Pre -Application Comments 1. Engineered Plans - Where public improvements are required or proposed, the applicant's engineer shall submit design plans for approval of all public improvements identified on the approved plan or as specified in conditions of approval. One set of these civil plans MUST be submitted DIRECTLY to the Public Works/Engineering Department. All design plans must meet the City of Ashland Public Works Standards. Engineered construction plans and specifications shall be reviewed and signed by the Public Works Director, prior to construction. All public facilities within the development will be designed to the City of Ashland Engineering Design Standards for Public Improvements. The engineered plans shall also conform to the following: If drawings are submitted to the City of Ashland digitally, they shall be true scale PDF drawings. If AutoCAD drawings are also submitted, they shall be compatible with the AutoCAD release being used by the City at that time and shall be located and oriented within the Oregon State Plain Coordinate System (NAD83-89). Drawings sizes shall comply with ANSI -defined standards for page width and height. Review drawings may be submitted in B size (11x17). Bidding and construction documents may also be printed at B size; however, all final as -constructed drawings must be submitted to scale on D-size (2436) Mylar. Digital files of the as -constructed drawings shall also be submitted. Drawings shall be drawn such that reduction of plans from full size (D sized) to half size (B sized) can be done to maintain a true scale on the half -sized plans. 2. Street Improvement — No additional street improvements, beyond those necessary to comply with City Street Standards, will be required at this time. The applicant proposed improvements must be reviewed and permitted by the City of Ashland Engineering Department. 3. Right of Way — No additional right of way dedication, beyond that necessary to comply with City Street Standards, will be required at this time. 4. Sanitary Sewer - The property is currently served by an 8-in sanitary sewer main along the westerly property line. The applicant proposed improvements must be reviewed, approved and permitted by the City of Ashland Engineering Department. 5. Water - The property is currently served by an 8-in water main in Skycrest Drive. City of Ashland Water Department shall tap existing water main and install any new water services and water meter boxes that are proposed by development. City of Ashland Water Department must be contacted for availability, placement and costs associated with the installation of the new water service. Service & Connection Fees will also be required for any new water services installed as part of this project. 6. Storm Drainage - The property is currently served by a 6-in storm sewer main along the westerly property line. City of Ashland Engineering Department must review an engineered storm drainage plan. 265 Skycrest Drive January 22, 2020/ds Page 12 Storm Water Facility Design Requirements Projects that will create or replace 5,000 square feet or more of new impervious surface (buildings, roads, parking lots, etc.) area that discharges to an MS4, must comply with the requirements of the DEQ MS4 General Permit phase 2. Below are additional requirements of the City of Ashland which either differ from or are additional to the MS4 General Permit phase 2. • All storm water detention facilities must have an overflow structure capable of safely passing the 25-year storm to an approved storm water facility. Peak flow for destination requirements may be calculated using the Rational Method with an ODOT Zone 5 IDF curve for a 10-year storm event (25-year storm event for bypass calculations), or any other comparable method. The flow calculations are the same as described in the RVSWDM for flow control measures. • The default value for pre -development peak flow shall be 0.25 CFS per acre. • Detention volume shall be sized for the 25-year, 24-hour peak flow and volume. • An overflow spillway shall be provided to convey the 25-year peak flow for systems receiving up to 50 CFS, and 100-year peak flow for systems receiving more than 50 CFS. • Water Quality BMPs shall provide at least 80% removal of bacteria and TSS (75 microns and larger). • Conveyance for drainages less than 300 acres shall be sized to carry the ODOT Zone 5, 25-year event. • Culverts with flows greater than 50 CFS shall be sized to carry the ODOT Zone 5, 50-year event. • Existing wetlands, natural drainage ways, and open spaces shall be preserved from development to provide their natural flow attenuation, retention, or detention of runoff by providing a buffer. • The grading plan shall indicate the direction of flow of all surface flows, including those on to and from adjoining properties. Site grading shall be designed to provide positive drainage away from all buildings and structures except those designed to withstand flooding in accordance with the building code standards for flood -proofing. Freeboard shall be specified on the grading plan per AMC 15.10. • Bridges, Culverts & other flow limiting structures in or near riparian areas shall be permitted in accordance with the agency's requirements in AMC 18.3.10.080. Removal/fill permits shall be submitted with the plans. 7. Erosion & Sediment Control - The following requirements shall be met: All ground disturbances exceeding 1,000 square feet shall implement an Erosion and Sediment Control Plan (ESCP). A 1200-C permit will be secured by the developer where required under the rules of the Oregon State DEQ. City of Ashland Engineering Department must receive a copy of this permit before any construction shall begin. Erosion Prevention and Sediment control measures that meet the minimum standards set forth by the City of Ashland Public Works/Engineering Standard 265 Skycrest Drive January 22, 2020/ds Page 13 Drawing CD282 must be in place before any construction related to the project begins. • Pollution, track out, and sediment dumping into storm water are strictly prohibited per AMC 9.08.060. • Drainage from automotive use areas shall be limited to oil concentrations of 10 mg/I by a pre -approved means. • Trash storage areas shall be covered or provide additional storm water treatment by an approved means. • Off street parking areas shall conform to Ashland Municipal Code 18.4.3.080.B.5, including provisions to minimize adverse environmental and microclimatic impacts. 8. Driveway Access — No additional improvements/requirements will be requested at this time, but the applicant proposed improvements must be reviewed and permitted by the City of Ashland Engineering Department. 9. Permits — Any construction or closure within the public right of way will require a Public Works permit and before any work in the right of way commences all necessary permits MUST be obtained 10. As-Built's - Where public improvements are required or completed, the developer shall submit to the City of Ashland, reproducible as -built drawings and an electronic file of all public improvements constructed during and in conjunction with this project. Field changes made during construction shall be drafted to the drawings in the same manner as the original plans with clear indication of all modifications (strike out old with new added beside). As -built drawings shall be submitted prior to final acceptance of the construction, initiating the one-year maintenance period. 265 Skycrest Drive January 22, 2020/ds Page 14 D N� Cl I G;I21 15g�i3)IN5 I I M 1p� Cr ------ -- ----- »r, wN` !:21�11S32IJ7.'aFS b�G' �3 N Cl I97�1 IGJ? 0)"N G 4uago u N ° R �- o o i H a. q = �z _ 04 ffu;71 3 CITY or Planning DMsion ASHLAND 51 Winburn Way, Ashland, OR PRE -APPLICATION CONFERENCE APPLICATION 97520 DESCRIPTION OF PROJECT Project Description Physical and Environmental Constraints Review for Hillside Development � APPLICANT _771 Name Rogue Planning & Development Services LLC Phone 5411-951-4020 Address 33 N Central Avenue, Suite 213 City Medford � PROPERTY OWNER Name Kathy Devitt and John Payne Day Time Phone I . E F_VNVMV11510�1 E-Mail arnyg u nter. plan n i ng@gmail. corT City Newcastle, CA Zip 95658 Street Address 265 Skycrest Drive Assessor's Map No. 39 1 E 08AB Tax Lot(s) 207 SUBMITTAL, REQUIREMENTS I To request a pre -application conference, submit this form with two sets of scalable plans, one large format 24"06" and' one no larger than 11"x17". Include the following information p I Lus your submittal fee of $1139.00 (check, Visa, MasterCard or cash accepted): 1. Completed Application. 2. Narrative — Provide a written clescrilption of proposal and request, (If in Historic District, provide pictures of existing structures, elevations of proposed structures and details of planned exterior design features and materials) 3. Site Plan — The site plan should contain all applicable elements in the Site Plan Checklist (see reverse) plus any other information pertinent to this proposal. The site plan will be checked to insure all applicable information is included at the time the pre -application date is set. 4. Additional information - Provide in the narrative or with the site plan: 1) Number of acres in development 2) Total gross square footage of all structures 3) Number of stories on each structure 4) Indicate number of and square footage of: a) Dwelling Units (include the units by the number of bedrooms in each unit — e.g. 10 1 -bedroom, 25 2-bedroom, etc) b) Office Spaces c) Retail Units d) Other Spaces 5) Percentage of lot coverage by: a) Structures e) Landscaping b) Streets & Roads f) Number of parking spaces c) Parking Areas/Driveways g) Total square footage of landscaped areas, d) Recreation Areas h) Other pertinent information of the proposed development 5. LE DOS Certification — Indicate whether project will: be pursuing LEEDS certification. 6. Submittal Fee Id 10 Pg,3 of 6 G:Mcornm-deOplanningforms & HandoutsPre-Applicalon Information Sheet Submittal ReqWrements_FY2017-18 November 25, 2019 a I . I i - I - A ' - Address: 265 Skycrest Map & Tax Lot: 39 1E 08 AB; 207 Legal Description- Lot 14 of the Skycrest Hills Subdivision (Phase 2) Zoning: Rural Residential (.5-acre minimum lot area) Overlay: Performance Standards Hillside Overlay Wildfire Land Overlay Property Owners: Katherine Devitt and John Payne 140, Rainbow Valley Lane Newcastle, CA 95658 Building Designer: TNT Design & Drafting Terry Thomas, terry@tntcad.com Planning Consultant: Rogue Planning & Development Services, LIC 33 N Central Avenue, Suite 213 Medford, OR 97501 Request: A request for a Physical and Environmental Constraints Review permit for Hillside Development to construct a new residence on the property located at 265 Skycrest Drive. The property is also within the Wildfire Hazards Overlay Zone. Property Description: The subject property is located on the west side of Skycrest Drive, south of the intersection of Skycrest Drive and orchard Street. The property and the adjacent properties to the north, east and south were created as part of the Skycrest Hills Subdivision which was platted in 1998. The properties to the west are part of a Eastfileld Subdivision which was platted in 2000. is '. .. .. .. .. ... . �C There are public utility easements of ten -feet along the street frontage and on the adjacent property to the north, and a 10-foot storm drain easement along the west property line. The public utilities serving the property such as water, storm sewer, sanitary sewer and electric service are present within the right- of-way, or within the public utility easements. A slope analysis has not been provided since the parcel has an approved building envelope. The building envelope provides a 20-foot front yard for garage, 15-foot front yard for fagade of structure, ten -foot side yard setbacks and 15-foot rear yard setbacks. V'l "'P 9 996i 1�0 A� 11u411ij "'i , , -X or 1 Parcei. R of ),umvy cou'v?y W)r0rNo P19 Pd fir.. _29 09,98 1, OIRR Wore A� M27 Ami FRAcr 9fisclopep IN IkMT7A. RAC MX 90-246611oC,1 PYOUr "0. A'. J IY OrPMAL RFCORMS WP)VA76�v oe )AcATON coux" UIRS NkrRmsm trmu 1I wre A I 1 'u, A.7,4", M 06 Ve,, ONTAH, it Y, "'t S1K%'TqF, PPJYA 79 ACCRYS rASWMNMT (F� I "j 0 W i�­ 0 Ai) U W 6 s. 7 0 14 12 5747 T✓/N I MJ� H WWRARY 1.1W ArRRVMWI;7 OrFIQ,41, ove RECORDS Or JACKSON COUNTY J5, ,5 Y 0 'ry 1 20 ar1arY vf SoUr v�fg r" PKA OAAND 4l11 rr N r"A NO Skycrest Drive has a 42-foot wide right-of-way. The street is improved with approximately 32-feet of pavement, curb and gutter along the frontage of the property. There are no sidewalks presently along the frontage of the property. It is understood that sidewalks and street trees are required per the conditions of approval of the subdivision. The subject property is zoned RR-.5, a rural residential zoning with a Y2-acre minimum lot size. The rectangular shaped lot has 136.12-feet of frontage, extends 144.36-feet to the west along the south property line and 121,41-feet along the north property line. The west property line is 100-feet in length, north to south. The property is 15,313 square feet in area. The property slopes away from the street, downhill to the west. The average slope of the property is 29.9 percent. There are no trees or other significant vegetation on the property. Prgp2sal- The request is to allow for the construction of a 2,892 square foot, single, family residence. A 746 square foot garage with storage area and a 267 square foot covered porch are proposed. There is an approved building envelope on the property. The envelope provided 20-foot front yard setbacks for the fagade of the garage. Due to the steep slope of the property, the request includes a request to allow for the reduced front yard allowance when there is a 4:1 slope in the front setback area. The entire width of the lot's front yard is more than 25 percent slopes and in some areas is more than 40 percent slopes. The proposed fagade of the garage is setback just over 13-feet from the front property line, adequate setback will be provided from the easement area. 2 There area significant slopes across the property ranging between 26.1 percent to 45 percent. The majority of the approved building envelope area exceeds the maximum slope areas allowed for development with more than 35 percent slopes and greater nearest the street. The slope of the property is pre-existing, non -conforming hillside parcel. The present property owners purchased the property in 2014. There are challenges with the steep slopes and the need to utilize fill to construct a structure, retention of natural slopes, and still comply with the majority of the standards from the Building Design Standards of the (Hillside Development Ordinance. Due to the steep slope of the property away from the street, to construct a residence with attached garage, the foundation construction utilizes fill. The structure requires retaining wall support to native grade is required, therefore, a tall retaining wall is necessary on the downhill side. Retention of natural slope applies because the lot was created after the adoption of the Physical Constraints Review section of the ordinance. The lot area, 15,313 square foot lot is required to retain 54.99 percent of the total lot as natural area. The proposed layout, reduced front setback, and limited on terraces reduces the impacts to the hillside slopes. The property's slope from south to north as required for the purposes of the solar setback ordinance is a very moderate slope. The solar setback slope is only six percent "clownhill" to the north. Due to the steep slopes away from the street, even with low pitched roofs, nine -foot plate heights, a setback of more than 35-feet from the north property line, a solar setback waiver is still necessary. The portions of the adjacent property that will be shaded are less than 12" beyond the shadow length that is allowed. The portion of the adjacent property thiat will be shaded is an undevelopable area of the property as it is more than 35 percent slopes. The areas of the property that will be shaded is minimal and does not impact the adjacent properties access to active or passive solar. Initial discussions have been held with the adjacent property owners. The proposed lot coverage of 3,240 square feet, complies with the maximum lot coverage of 3,262 square feet. The proposal also provides for adequate off-street parking. A Geotechnical Report for the larger subdivision was completed in the early 2000s. A revised, site specific geotechnicall review and a project engineer will review all of the proposed documents for the land use application and provide engineering, storm drainage, erosion control and long-term maintenance guidance for the proposed site development. Attachments: A) Topographical Survey B) Draft Site Plan C) Conceptual Elevations IR R 1p pYy i -- iGJ�l DAN G z < U-j 65 HN gm �6 B98 U E wo� A A C3 EE 9 �,2 A m DR o —MM' 4 — — ---- — — — — — — — — — — — — Ocr— V5 ;DNICIG7� igl�IDXNG 01 L>Li LU OE5ZG �O '(INVIkGV g5e ui L 0 City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520 "relephone: 541-488-5305 Inspection Line: 541-552-2080 Plan Type: Pre -Application Review Work Class. Pre-Application Review 391E08AB207 PERMIT NUMBER' PREAPP-2019-00169 Apply Date: 11 1127/2019 265 Skycrest Dr W n 'er Inf trnat j. A 1piicani 16f6rirrt� Owner: John Payne Trust Applicant: Rogge Planning and Development Owner 140 Rainbow Valley Lane Applicant 33 N Central Ave 213 Address: Newcastle, CA 95658 Address: Medford, OR 97501 Phone: Phone: (541) 951-4020 ,Pr.6j0r,t,D t, O'scrip ]on 1/22/2020 @ 2prn fP&E review for hillside Fees Fee Description: Amount: Pre -Application Fee $142,25 Applicant: Date: ITotal Fees: 1 $142.25