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HomeMy WebLinkAboutAshland_Creek_710_PA-T1-2023-00212-,,C IT Y OF ^ASt-11tAND September 21, 2023 Notice of Final Decision On September 21, 2023, the Community Development Director approved the request for the following: Planning Action- PA -TI -2023-00212 Subject Property: 710 Ashland Creek Drive Applicant: Rogue Planning & Development Services, LLC. Owner: John Sid\vell Description: A request for a Physical & Environmental Constraints Permit (P&E) for the construction of a new single-family home and an accessory residential unit (ARU) on severely constrained hillside lands (slopes greater than 35%). The application also includes three exceptions to hillside design standards, two variances, and two tree removal permits for significant trees that have already been rernoved. The exception,-, are to exceed a maximum horizontal plane, an exception to the maximum downhill wall height, and an exception to the standard for roof orientation. The variances are for a reduction to side yard setback and to allow a driveway grade of eighteen percent, COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: WR MAP: 39 -1E -17 - AA; TAX LOT: 1101 The Community Development Director's decision becomes final and is effective on the 12"' day after the Notice of Final Decision is mailed. Approval is -valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(1') and/or file an appeal to the Ashland Planning Commission as provided in ALU0 18.5.1 .050(G). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to, the Oregon Land Use Board of Appeals. If ),on have any questions regarding this decision, please contact Aaron Anderson in the Community Development Department at (541), 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT 51 1 Winburn Way Tel 541.488.5305 Ashland, Oregon 97520 Fax: 541.652.9.050 fly: 800,735,2900 ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -T1-2023-00212 SUBJECT PROPERTY: 710 Ashland Creek Drive APPLICANTh Rogue Planning & Development Services, LLC OWNER: John Sidwell DESCRIPTION: A request for a Physical & Environmental Constraints Permit (P&E) for the construction of a new single -fancily home and an accessory residential unit (ARU) on severely constrained hillside lands (slopes greater than 35%). The application also includes three exceptions to hillside design standards, two variances, and two tree removal permits for significant trees that were previously reproved. The exceptions requested are to exceed a maximum horizontal plane, an exception to the maximum downhill wall height, and an exception to the standard for roof orientation. The variances are for a reduction to side yard setback and to allow a driveway grade of eighteen percent. COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: WR MAP: 39-1 E -17 -AA; TAX LOT: 1101 SUBMITTAL DATE: July 13, 2023 NOTICE OF COMPLETE APPLICATION: August 8, 2023 STAFF APPROVAL DATE: September 21, 2023 APPEAL DEADLINE (4:30 P.M.): October 3, 2023 FINAL DECISION DATE: October 4, 2023 APPROVAL EXPIRATION DATE: April 4, 2025 DECTSTON Pi-oposal The application requests a Physical & Environmental (P&E) Constraints Review Permit to construct a new residence with an Accessory Residential Unit (ARU) on Hillside Lands with Severe Constraints*. The application also includes three exceptions to hillside design standards, two variances, and two tree removal permits for significant trees that have already been removed. The exceptions are for the building face to exceed a maximum horizontal plane, an exception to the downhill wall freight, and an exception to roof alignment. The variances are for a reduction to side yard setback, and to allow a driveway grade of eighteen percent. Subject Property The property is a remnant of the `Libra Creek Estates' subdivision 1 and is adjacent to the street plug at the terminus of Ashland Creek Drive. The property is zoned Woodland Residential (WR) which has a maximum lot coverage of 7%. The property is vacant and is 2.93 -acre in size. The lot is irregularly shaped and was surveyed in 2021 for the applicant, recorded as CS 23358. The application states that the only flat area on the lot is the result of grading for the creation of Lands with a slope greater than 35 percent. Lithia Creek Estates Nvas Flatted in 1999, CS 10279 and was a replat of Lithia Park Village platted in 1983, CS 9615. 710 Ashland Creek/alra PA liTl-2023-00212 Page I 1 Ashland Creek Drive and describes the area as roughly 130 -feet long and 36 -feet in width, With the exception of the road curt area the entire lot is `severely constrained' with an average steepness of 55%S. Shown at right is a screen capture from City of Ashland GIS showing the subject property, the area shaded is slopes greater than 35%. It should be noted that there are no slopes shown between 25-35% as the transition to steep slopes out of the road cut area is immediate. The land use ordinance typically requires all new construction to happen on slopes less than 35%, however AMC 18.3 . 10.090.A. La allows for "Existing parcels without adequate buildable area less than or equal to 35 percent shall be considered buildable for one single fandly dwelling and an accessor)t residential unit or a duplex" Staff would note that the road cut area only measures between 16-25' in width in the city GIS and acknowledge that is not a sufficient area to build a single family home without encroachment on the steep slopes. Because the proposed construction is required to encroach into steep slopes a Physical and Envirotunental Constraints Review Permit is required. Looking onto the subject proper-ty from the terminus of Ashland Creek Drive. I The land use ordinance provides a procedure to calculate average slope which is provided in AMC 18.6.1.030 Definitions; Average Slope "For the purposes of determining the area to remain in a natural state in Hillside Lands, average slope for a parcel of land or for an entire project is calculated before grading using the following fornnula: S = ,00229(I)(L)/A, where "S" is the average percent of slope; ".00229" is the conversion factor for square feet; "I" is the contour interval in feet; "L" is the summation of length of the contour lines in scale feet; and "A" is the area of the parcel or project in acres." Using city GIS data with a 2 -foot contour for the subject property calculated that the summation of the lengths is 35,265.9 [e.g. S=0.00229(2)(35,265.9)12.93; S=55.12%] 710 Ashland Creck/aha PA ##T1-2023-00212 Page 12 s #: Physical & Environmental (P&E) Constrahas Review Permit The P&E permit process seeks to ensure development within Hillside Lands (per AMC 18.3.10.090) occurs in such a manner cis to protect the natural and topographic character and b1� ensuring that development does not create soil erosion, sediriienlation of louver slopes, slide darricige, floodiiigpr'obletris, and sei)ere cIilting or scarring. The subject property is proposing development on lands classified as Hillside Lands with Severe Constraint Land. As mentioned above nearly the entire property is of slopes greater than 35 percent which are considered "Severe Constraint Lands." The application materials explain that the proposed development is occurring on an average slope of 48%§. The building envelope has been designed to minimize impacts by concentrating the building footprint to the area flattened by the extension of the Ashland Creek Drive, leaving a majority of the lot area undisturbed up slope. The application includes a geotechnical report which indicates that the property is buildable. The application states "The foundation i011 be designed by an engineer. The engineered foundation hill be provided i0th the building permit set. As noted, the engineer has demonstrable geotechnical design experience to address the building code standards for hillside construction hill provideJ°nal revieiv on the buildingperinit sets." As the property was a remanent of a larger subdivision it is clear that there is no prescribed building envelopes. However, a pre-existing legal lot of record is buildable for single family residential development per Chapter 18.3.10.090.A.1, existing parcels without sir fcient buildable areas less than or equal to 3S percent slopes shall be considered buildable_for one single-family residence and an accessory residential unit. The application shows a building envelope designed to minimize impacts by concentrating the building footprint largely to the area of the road cut. The Development Standards for Hillside Lands also require that a portion of the lot remain in its undisturbed natural state as a function of the average slope of the property. The property has an average slope of 55.12 -percent. The code requires that average slope plus 25 is the percentage of the lot that must be retained in its natural state (80.1- percent). The site plan shows that 94.7 -percent of the total lot area will remain undisturbed exceeding the requirement. The application materials include grading, drainage, retaining walls, and erosion control plans designed in accordance with the geotechnical engineers' recommendations. The application states that geotechnical review of the final plans will be provided with the building permit. A condition has been included below to require that a geotechnical report be submitted with the building permit along with a proposed inspection schedule during the foundation excavation and construction. The application also includes a tree protection plan. Prio to issuance of a building permit the required Tree protection fencing will be installed and be maintained during construction until there is no additional site disturbance. The application states that silt fencing or similar is proposed to be used during construction to limit and prevent erosion, and that all erosion control measures will remain in place throughout construction. The site plans show that stormwater will be collected from a combination of § This is derived by the applicants detailed survey at one -foot contour intervals in a portion (0.61ac) of the property. 710 Ashland Creek/alia PA IIT1-2023-00212 Page 13 surface drainage and four -inch bard pipe that will terminate at a catch basin in the corner of the drive, which will in turn connect to the existing city storm drain system. The nearest storm drain infrastructure is located at the intersection of Winter Drive and Ashland Creek Drive. All work within the public right of way will be required to be reviewed and permitted by public works and a condition of approval to that effect has been added below. The application states that the areas "directly adjacent to the residence rt,here the soil has been disturbed are proposed to be hydroseeded ir,ith native plant mixture. The area of ornamental landscaping is proposed to be Firewise Plants acceptable in the Ashland Urban .Interface." Exceptions to the Derpelopment Standards for Hillside Lards (AMC 18.3.10.090.H) As noted above, the application also includes an Exception to certain Development Standards for Hillside Lands. The application explains; "Exception to the design standards is sought to address the horizontal plane on the south side of the structure that slighlty exceeds 36 feet. The dotivnhill wall height at the tallest grade is 24 Y2 feet and exceeds the standard of 20 -feet rvithaut cr step back, and lastly, the roof pitches uphill to provide large u4ndoi4,s on the east faVade where there are none on the east side due to the slope." Chapter 18.3.10.090.H provides that "ex:ception(s) to the Development Standards for Hillside Lands pray be granted if there are unique or unusual aspects of the site; the exception will result in equal or greater protection of resources; and the exception is consistent ri�ith the Purpose and .Intent Chapter 18.3.10." When considering the nature of the shape of the flat area on the property and the overall steepness on the property Staff determined that the exception to both horizontal and vertical maximums, as well as roof orientation, are justified. Staff would note that the average slope of the property far exceeds what the code considers buildable. Staff found that based on the above the proposal to exceed these standards likely results in a deduction of the overall impacts to natural resources than would occur if the building was to be constructed in a different configuration extending farther uphill. Variance to Side Yard setback (AMC 18.2.5.030.A) The application includes a request for a variance to side yard setback. The variance was not proposed at the pre -application, so staff were unable to provide comments at that time. Staff did not feel that the encroachment of the deck into the side yard setback is proper when there are other options on either side of the building for such a deck without encroachment. Furthermore, Staff found that given these options to accommodate a deck, the requirement that the need for the variance not be self-imposed was not met by the applicant. The application notes that AMC 18.2.5.060.A.3 provides provisions for front yard setback reductions without a variance and states that this request is similar. Staff would note that those front yard reductions available at the cited section are intended to reduce the burdens related to driveway development in steep slopes and was not intended to allow decks to cantilever excessively into the minimum side yard area. Following the Notice of Complete Application (NOC), but prior to the completion of the written findings the applicant's agent contacted the city staff to withdraw the variance request, as such it is not discussed further. It is understood that the building plans to be submitted will meet the 6' side yard setback with the understanding that the deck is considered an architectural projection 710 Ashland Creek/aha PA #T1-2023-00212 Page 14 which is allowed to encroach into the side yard setback eighteen inches as allowed per AMC 18.2.4.050.B. As such the closest the deck will be allowed to the property line is four -feet six - inches. Variance to Driveway Grade (AMC I8.3.060.F) Tine application includes a request for a variance to allowed driveway grade. Because the driveway is considered a flag drive by virtue of its length tine standards at AMC 18.3.060.E are invoked, which state: "Flag drive grades shall not exceed a rnaximwn grade of 15 percent. Variances may be granted for flag drives for grades in excess of 15 percent but no greater than 18 percent for not more than 200 feet. Such variances shall be required to meet all of the criteria for approval in chapter 18.5.5 Variances." The application states "The grade is being adjusted to reduce the steepness and there is not room to go deeper with the roadbed to relieve the grade or the house will then be too loin against the hillside and the hill would overtop the residence." Staff concurs that based on the extreme steepness of the property and the existing grading the variance seems justifiable in order to allow development on such a steep lot. Tree Removal The application includes a request for Tree Removal Permits to approve of the prior removal of two significant trees. Staff understands that these trees were removed earlier this year, but after the preapplication was conducted. As such the applicant was aware of the required regulations regarding tree conservation and protection requirements. The application explains "A multi-year wildfire hazards reduction has been occurring on the property for the past 12 years. With the srrrall diameter timber and all ladder fuels removed There were hw larger stature deciduous trees that were in a state of decline and re»roved as part of the multiyear effort." Staff has determined that a retroactive approval of the removal of two significant trees is a violation of the Land Use ordinance, and that the applicant will be required to coordinate appropriate mitigation measures with the planning department. Removal of significant trees on a vacant parcel requires the issuance of a tree removal permit. Public Comments After a determination of complete application was made a notice was posted at the property frontage as well as mailed to all property owners of record within two hundred feet of tine subject property. During the two week public comment period no comments were received either in favor or opposed to the application. The approval criteria for a Physical & Envirorrrnerrtal (P&E) Corrstrairrts Review Perrrrit for the developtuent of Hillside Lands are detailed in AMC Section 18.3.10.050 as follows: An application for a Physical Constraints Review Permit is subject to the Type I procedure in section 18.5.1.050 and shall be approved if the proposal meets all of the following criteria. A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. 710 AshWid Creek/alia PA #T1-2023-00212 Page 15 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 wk Exception to the Development Standards for Hillside Lands are detailed in AMC Section 18.3.10.040.H as follows: An exception under this section is not subject to the variance requirements of chapter 18.5.5 Variances. An application for an exception is subject to the Type I procedure in section 18.5.1.050 and may be granted with respect to the development standards for Hillside Lands if the proposal meets all of the following criteria. 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 a Variance are detailed in AMC Section 18.5.5.050 as follows: A. The approval authority through a Type I or Type Il procedure, as applicable, may approve a variance upon finding that it meets all of the following criteria. 1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as topography, natural features, adjacent development, or similar circumstances, A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance. 2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. 3. The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. 4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant. B. In granting a variance, the approval authority may impose conditions similar to those provided for conditional uses to protect the best interests of the surrounding property and property owners, the neighborhood, or the City as a whole. 710 Ashland Creek/alta PA #T1-2023-00212 Page 16 The approval criteria for a Tree Removal Permit are detailed in AMC Section 18.5.7.040.B as follows: 1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.10. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. C. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. Decision In the staff's final assessment, we find that the proposal here, including the requested exceptions, seeks to minimize the extent of the disturbance to a severely constrained site. The applicant has provided a detailed set of findings addressing each of the relevant approval criteria and by its reference is incorporated herein as if set out in Rill. 71 d Ashland Creek/aha PA #T 1-2023 -00212 Page 17 Staff finds that the application with the attached conditions complies with applicable ordinances and meets all required criteria. Planning Action #PA -T1-2023-00212 is therefore approved in part and decried in part. Specifically, the physical and environmental constraints permit application, the exceptions to the hillside standards for vertical wall height, the building horizontal plane, and the variance to driveway grade are approved. The request for a side yard variance was withdrawn. The retroactive approval of the two significant trees is denied. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Plarhning Action #PA -T1-2023-00212 is denied. The following are the conditions, and they are attached to the approval: That all proposals of the applicant be conditions of approval unless otherwise modified here. 2. That the plans submitted for the building permit shall be in substantial conformance with those approved as part of this application. if the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify this land use approval shall be submitted and approved prior to issuance of a building permit. 3. That the building permit submittals shall include the following: a. Final solar setback calculations demonstrating that all new construction complies with Solar Setback Standard A in the formula [(Height —6)/(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifying the highest shadow producing point(s) and the height(s) from natural grade. b. Final lot coverage calculations including all building footprints, driveways, parking, and circulation areas. Lot coverage shall be limited to that described in the application materials. c. That storinwater from all new impervious surfaces and run-off associated with peak rainfalls must be collected on site and clharhncled 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 oil the building permit submittals. d. That the building foundation shall be designed by an engineer or architect with demonstrable geotechnical design experience in accordance with AMC 18.3.10.090.F. A geotechnical report speaking to the suitability of the site for the development proposed and written verification from the project geotechnical expert confirming that the building permit submittals provided are consistent with the geotechnical report and its recommendations (e.g., grading plan, storm drainage plan, foundation plan, etc.), and a proposed inspection schedule during the foundation excavation and construction. 4. That a final erosion control plan shall be provided for review and approval of the Planning, Building, and Engineering Divisions prior to the issuance of an excavation permit or commencement of any site work. Tenhporary erosion control measures (i.e., silt 710 Ashland Creek/aha PA #Tl -2023-00212 Page ) 8 fence, wattles, or similar) shall be installed according to the approved plan prior to ail), site work, storage of materials, or issuance of an excavation or building permit. S. That a Tree Verification Permit shall be applied :for and approved by the Staff Advisor prior to permit issuance, tree removal, or any site work including demolition, staging, storage of materials, or excavation. The Tree Verification Permit is to inspect the identification of the tree to be removed and the installation of tree protection fencing for the trees to be protected on and adjacent to the site. The tree protection shall be generally consistent with the requirements of AMC 18.4.5.030, with the understanding that more flexible fencing that typical chain link panels may be necessary as tree protection due to the site's steep slopes. G. The requirements of the Ashland Fire Department, including. addressing; home fire sprinkler system; firefighter access pathway; gate and fence; fuel break; construction; and vegetation. (Not f I this piY -o I ect takes place (hiringfire season resirand ictions ais on loncis protected bj, the Oregoi? 1)el3artinent qfF4oresh:y or within 118 of a mile of ODP' protected lancis, al)I)licant shall follow the ODI', restrictions at 11,11,11'.sil'offi-e. coni or call (541) 664.3328). 7. That a 'General Fuel Modification Area' fuel reduction plan addressing the requirements in AMC 18.3.10.100.13 shall be provided for the review and approval of the Fire Department prior to bringing combustible materials onto the property, and ail), new landscaping proposed shall comply with the wildfire overlay zone standards and shall not include plants listed on the Prohibited Flammable Plant List per Resolution 2018-028. 8. That Public Works permits and associated inspections shall be obtained prior to ally work occurring within the public right-of-way. Where public improvements are required or completed, the developer shall submit reproducible as -built drawings and an electronic file of all public improvements constructed during and in conjunction with the project to the City of Ashland. As built drawings shall be submitted prior to filial acceptance of the construction, initiating the one-year maintenance period. 9. That prior to filial inspection approval or the issuance of a certificate of occupancy: a. Prior to the issuance of the certificate of occupancy or filial Building Division inspection approvals, the project geo-technical expert, shall provide a filial report indicating that the approved grading, drainage and erosion control measures were installed as per the approved plans, and that all scheduled inspections were conducted by the project geotechnical expert periodically throughout the project. b. If mitigation includes replacement trees, then trees shall be planted and irrigated according to the approved plan. an N September 21, 2023 Brandon Goldman, .Dtvector Date Department of Community Development 710 Ashland Creek/aha PA IITI-2023-00212 Page 19 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 September 21, 2023, 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for the Planning Action #PA -T1-2023- 00212 for 710 Ashland Creek Drive. 7ylic�ae[SzcCCivait Signature of Employee Wcoiramdelp!anrea4P1aW ng Acf=lPAs by StreeNALMWwd Qeek% sNandGeek_7101AsWand_Geek_710_PA-Ti-2023 00212Wo-(lnyld ODiAsKaM Geek_710_PA-T1-2023-00212_WD6-AffdM of l.19.%docx KNOB PA -T1-2023-00212 AGE Geologic Consulting 1314-B Center Dr PMB 452 MEDFORD, OR 97501 PA -T1-2023-00212 391 E17AAl 119 CURTIS FAMILY TRUST ET AL 176 ALTA VISTA AVE LOS ALTOS, CA 94022 PA -T1-2023-00212 391 E17AA1121 JOHANSSON LARSIMAGDOLNA ROZS 1 WINTER DR ASHLAND, OR 97520 PA -T1-2023-00212 391El7AA1114 MILNE HUGH TRUSTEE ET AL 599 ASHLAND CREEK DR ASHLAND, OR 97520 PA -T1-2023-00212 391 E17AA1101 SIDWELL JOHN M 3868 CREEK MONT DR MEDFORD, OR 97504 PA -T1-2023-00212 Asher Homes 474 Russell Drive Suite 101 ASHLAND, OR 97520 PA -T1-2023-00212 391E17AA1117 EDWARDS CLIFFORD MICAROLYN 691 ASHLAND CREEK DR ASHLAND, OR 97520 PA -T1-2023-00212 391EI7AA1116 KING MATTHEW L TRUSTEE ET AL 683 ASHLAND CREEK DR ASHLAND, OR 97520 PA -T1-2023-00212 391El7AB100 NEUMAN PROPERTIES LLC 953 EMIGRANT CREEK RD ASHLAND, OR 97520 710 Ashland Creek NOD 09/21/23 13 Go to avery.com/templates i Use Avery Template 5EG0 1 PA -T1-2023-00212 391El7AA1118 CURTIS FAMILY TRUST ET AL 699 ASHLAND CREEK DR ASHLAND, OR 97520 PA -T1-2023-00212 391 El7AA1120 HEINRICH WILLIAM L TRUSTEE ET 700 ASHLAND CREEK DR ASHLAND, OR 97520 PA -Ti -2023-00212 391E17AA1113 LITHIA CR ESTATES HO ASSOC 684 ASHLAND CREEK DR ASHLAND, OR 97520 PA -T1-2023-00212 Rogue Planning and Development 1314-B Center Dr PMB 457 MEDFORD, OR 97501 C I I Y 0 F A- SU-it,AND PLANNING ACTION: PA -TI -2023-00212 SUBJECT PROPERTY: 710 Ashland Creek Drive APPLICANT: Rogue Planning & Development Services, LLC OWNER: John Sidwell DESCRIPTION: A request for a Physical & Environmental Constraints Permit (P&E) for the construction of a new single-family home and an accessory residentiall unit (ARU) on severely constrained hillside lands (slopes greater than 35%), The application also includes three exceptions to hillside design standards, two variances, and two tree removal permits for significant trees that have already been removed. The exceptions are to exceed a maximum horizontal plane, an exception to the maximum downhill wall height, and an exception to the standard for roof orientation. The variances are, for a reduction to side yard setback and to allow a driveway grade of eighteen percent.COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: WR MAP: 39-1 E -17' -AA, TAX LOT: 1101 NOTICE OF COMPLETE APPLICATION: August 8, 2023 DEADLINE, FOR SUBMISSION OF WRITTEN COMMENTS: August 22, 2023 COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Te,l: 541A88.5305 Ashland, Oregon 97520 Fax: 541.552.2050 or r I,, TTY: 800.735.2900 'J" COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Te,l: 541A88.5305 Ashland, Oregon 97520 Fax: 541.552.2050 or r I,, TTY: 800.735.2900 I I Y OF ASHL,AND The Ashland Planning Division Staff has received a complete appllication for the property noted on Page 1 of this notice. A copy of the application, including alll documents, evidence and applicable criteria are available online at "What's Happening in my City" at hLtpqJ/, is. ash la nd. or. us/d @�yt,nr lop�eDjt op sals/. Copies of application materials will be provided 2L_p_ at reasonable cost, if requested. Application materials may be requested to be reviewed in-person at the, Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling (541) 488-5305 or emailing pjgnnir), shla (tpr jq. Any affected property owner or resident has a right to submit written comments within the 14 -day comment period to planning@pshland.or. us or to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown on Page 1. Ashland Planning Division Staff determine if a land use application is complete within, 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting the application. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning, Commission of the Planning Division, Staffs decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5,1.050.0) 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 all opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. If you have questions or comments concerning this request, please, feel free to contact Aaron Anderson aaroil.g jlop d)ashland.0FA1S or 541-552-2052. In compliance with the American with Disabilities Act, if You need special assistance to participate in this meeting, please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title 1). PHYSICAL & ENVIRONMENTAL CONSTRAINTS 18.3,10.050 An application for a Physical Constraints Review Permit is subject to the Type I procedure, in section 18.5.1.050 and shall be approved if the proposal meets all of the following criteria. A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment, Irreversible actions shall be considered more seriously than reversible actions, The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum development permitted by this ordinance. COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashbnd, Oregon 97520 Fax-. 54 1.5522050 OnFlo"12:1:151 � s, h R"r0 ,ru.s TTY; 800,735.2900 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 118,51050 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 183, 10 Physical and Environmental Constraints Overlay chapter and section 183.10,090 Development Standards for Hillside Lands. VARIANCE, 18.5.5050 1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as topography, natural features, adjacent development, or similar circumstances. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance. 2. The variance is the minimum necessary to address the special or unique physical Circumstances related to the subject site. 3. The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. 4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria or can be made to conform through the imposition of conditions. a, The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.10, b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks, C. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The Cfty shall grant an exception to this criterion when alternatives to, the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone, cl. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e. The City shall require, the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.468.5305 Ashland, ares on 97520 Fax: 541.552.2050 InFameatliol; g100ndg.kjs, TTY: 800335,2900 AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On August 8, 2023, 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for the Planning Action #PA -T1-2023-00212 for 710 Ashland Creek Drive. Reg" V, 7 Signature of Employee G:kamm49V4)1ze,ng'P1ann'ng Ad or!WPAs by S7eeMW Ash'and CreeWsWa idCreek_ l Msh!and_Creek_710_PA-T1-2023-002121tdotdrgNOCWSMard Geek_7f 0_AFHDAW OF MAiLIKG.dacx $!8023 PA -T1-2023-00212 AGE Geologic Consulting 1314-B Center Dr PMB 452 MEDFORD, OR 97504 PA -T1-2023-00212 391E17AA1119 CURTIS FAMILY TRUST ET AL 176 ALTA VISTA AVE LOS ALTOS, CA 94022 PA -T1-2023-00212 391E17AA2300 JOHANSSON LARS/MAGDOLNA ROZS 1 WINTER DR ASHLAND, OR 97520 PA -T1-2023-00212 391E17AA1115 MILNE HUGH TRUSTEE ET AL 599 ASHLAND CREEK DR ASHLAND, OR 97520 PA -T1-2023-00212 391E17AA1101 SIDWELL JOHN M 3868 CREEK MONT DR MEDFORD, OR 97504 a eA-T1-2023-00212 Asher Homes 474 Russell Drive Suite 101 Ashland, OR 97520 PA -T1-2023-00212 391E17AA1117 EDWARDS CLIFFORD M/CAROLYN 691 ASHLAND CREEK DR ASHLAND, OR 97520 PA -T1-2023-00212 391E17AA1116 KING MATTHEW L. TRUSTEE ET AL 683 ASHLAND CREEK DR ASHLAND, OR 97520 PA -T1-2023-00212 391E17AB100 NEUMAN PROPERTIES LLC 953 EMIGRANT CREEK RD ASHLAND, OR 97520 sluawd /11f0:)-4l7fAP -ira r'A-T1-2023-00212 391E17AA1118 CURTIS FAMILY TRUST ET AL 699 ASHLAND CREEK DR ASHLAND, OR 97520 PA -T1-2023-00212 391E17AA1120 HEINRICH WILLIAM L TRUSTEE ET 700 ASHLAND CREEK DR ASHLAND, OR 97520 PA -T1-2023-00212 391E17AB102 LITHIA CR ESTATES HO ASSOC 684 ASHLAND CREEK DR ASHLAND, OR 97520 PA -T1-2023-00212 Rogue Planning and Development 1314-B Center Dr PMB 457 Ashland, OR 97520 PA -T1-2023-00212 NOC 13 8.8.2023 o9l s alvidwal A,aAy asn saaeldw;)j/woa•Ajane o100 a eA-T1-2023-00212 Asher Homes 474 Russell Drive Suite 101 Ashland, OR 97520 PA -T1-2023-00212 391E17AA1117 EDWARDS CLIFFORD M/CAROLYN 691 ASHLAND CREEK DR ASHLAND, OR 97520 PA -T1-2023-00212 391E17AA1116 KING MATTHEW L. TRUSTEE ET AL 683 ASHLAND CREEK DR ASHLAND, OR 97520 PA -T1-2023-00212 391E17AB100 NEUMAN PROPERTIES LLC 953 EMIGRANT CREEK RD ASHLAND, OR 97520 sluawd /11f0:)-4l7fAP -ira r'A-T1-2023-00212 391E17AA1118 CURTIS FAMILY TRUST ET AL 699 ASHLAND CREEK DR ASHLAND, OR 97520 PA -T1-2023-00212 391E17AA1120 HEINRICH WILLIAM L TRUSTEE ET 700 ASHLAND CREEK DR ASHLAND, OR 97520 PA -T1-2023-00212 391E17AB102 LITHIA CR ESTATES HO ASSOC 684 ASHLAND CREEK DR ASHLAND, OR 97520 PA -T1-2023-00212 Rogue Planning and Development 1314-B Center Dr PMB 457 Ashland, OR 97520 PA -T1-2023-00212 NOC 13 8.8.2023 Aaron Anderson From: Aaron Anderson Sent: Wednesday, August 02, 2023 2:39 PM To: Amy Gunter (amygunter.planning@gmail.com) Cc: Derek Severson Subject: 710 Ashland Creek - PA -T1-2023-00212 Hi Amy, I have completed my review of the application and was preparing to complete the NOC, however I needed to discuss the variance to side yard setback. The variance was not proposed at the pre -application so staff was unable to provide comments at that time. We do not feel that the encroachment of the deck into the side yard setback is appropriate when there are other options on either side of the building for such a deck without encroachment. Furthermore we find it impossible to overcome the requirement that the need for the variance not be self-imposed. We can move forward with the NOC but will be denying the variance request and including a condition of approval that the final design for building permits would not include any encroachment in the setback. Next, the cut fill analysis fails to take into account any excavation beyond the building finished floor and ignores excavation required for foundation. Considering the size of the footings that will end up being required we feel that this is significant underestimating the depth and extent of the ground disturbance /excavation. Let me know if you want to discuss, or provide any amended application materials. Finally, as you are aware two significant trees were removed during the fuel reduction without permits. You should be aware that has been forwarded to our code compliance specialist to open a case, as we do not want a pro forma process to become the norm as a remedy to trees removed without permits. Aaron Anderson CFM, Sr. Planner Pronouns he, him Community Development 20 E Main, Ashland, Oregon 97520 541.552.2052 1 TTY 800.735.2900 aaron.andersonnashland.or.us Online ashland.or.us; social media (Facebook @CityOfAshlandoregon I Twitter @CityofAshland) This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. if you have received this message in error, please contact me at 541.552.2052 -7 O a J U Q mm a� OM6 NOO]80 "aNVIHSV �pJ�d s o w a a (D b oQ ° w �ry 3AIK A33K) aNVIHSV 0lz�s w =w s m m W J IIIiW—<o 3ON3aIS3?1 113M4iS pJ ° � > \\! j (�� ¢ Sl DW �/ 2 \(% )�[\ \ + ° o� HLAND c»yKDRIVE :«,� \/5/ / \ 7 �ASHLAND, OREGON 93m \\ cz 22 Z \ 0 > \\! j (�� ¢ Sl DW �/ 2 \(% )�[\ \ + ° o� HLAND c»yKDRIVE :«,� \/5/ / \ 7 �ASHLAND, OREGON 93m \\ §.21) \ 0 2ZCZ/S/9 31V0 xiglelluapsam6lsepminm HCµ S 133HS 3ON3O1S32J 9Z09Sp BOO HO lr Ae a3Ho3Ho S9 O'QJOJG �21}U8p S2,I �U6 S8D ��3M0IS ROMZ 0100 ONY'1HSY SNOIlYA3l3 t'N OSO :AA NMtltlO SN0lltlA3"13 b'Z`d LOS Le :J0'Oil0d03W 'O2 H33llO ONYIHSV OLL 2902 XO9'0'dyW� 53N0H Li3HStl �1 X30NI'JMO •0-.1=.b/t 31Y0S 'ONI'IVIINMIS32 N0IS30 'Y �3WVN 1'J3fO2Jd O'j'S 1o3f021d IZI LLI Ig ul � � I .I II I k I I I I i i •I II I II I I I zLU - -- z tz (� > _ I � w4 LuLU J WILL 77 Wy I I li I I IL i I I gi LLi LLi $i LLi �i LLi ! o. .L-.ve I�- o �I IT Ig �I IA I I I is �N ------- - - - - -- .. — — s °I2 1°1= Ir IA Iby� I� I� I� IA m I I I I I I I I �N I I I I I I I ` ------------------ 0 mcTTT' I - n�< m Ar O - - om II I i i o j III z 01 I ILL I - I I ----------------- I � I - I - - I I I I I -- I - I i --- ( I I I I II I al i ql- °Iz sr 90 � Tat 9'0 PROJECT: CLIENT: PROJECT NAME: DESIGN RES DENT INC. SCALE: IA - 1'-0'� DWG INDEX #: ASHER HOMES FCRD, X8062 A2.2 ELEVATIONS DRAWN BY: GSC A2.2ELEVAT:DNS 110 ASHAND CREEK RD. MEDRD BOR 91501 ASHLAND SCI-=-3321 SIDWELL design residential 541-827-3365 CHECKED BV: JT OR CCB# 25 RESIDENCE '"' """-^ vrvnvtleslgnresitlen[lel.blz DATE: 6/5,'2023 SHEQ = o W U 0ZSL6 N003dO 'aNVIHSV O` 2 o w' Q �> 0,2 3/�IdCl )133?13 CIN`dIHSb OtL �O 0� 30N30133b IIIMaIS OJ oN J V E n � � o < OwU� ^vrcSOp J � o� a g U zo g N>N � f W I I AV J0 Q C R; 1 1 1 Planning Division 51 Winburn Way, Ashland OR 97520 541-488-5305 Fax 541-488-6006 ZONING PERMIT APPLICATIO FILL~ # DESCRIPTION OF PROJECT Physical Constraints Review Perntit for Severe Constraints lands development; Variance to side yard setback and variance to driveway grade DESCRIPTION OF PROPERTY Street Address 710 Ashland Creek Drive Assessors Map No. 391 E 17AA Tax Lot(s) zoning Woodland Resource (WR) Comp Plan Designation Pursuing LEED@) Certification? ❑ YES 9 NO 1101 Woodland Resource APPLICANT Name Rogue Planning Sr Development Services Phone 541-951-4020 E -Mail amygunter.planning@gmail.com Address 1314--B Center Dr., PMB#457 city Medford PROPERTY OWNER Name John Sidwell zip 97501 Phone 650-868-2883 E -Mail Jmsidwell@yahoo.com Address 3865 Creek Mont Drive city Medford zip97504 SURVEYOR ENGINEER ARCHITECT, LANDSCAPE ARCHITECT OTHER Title Contractor Name Asher Homes Phone 541-210-3207 E -Mail asher@gmail.com Address 474 Russell Street, Suite 101 city Ashland zip 97520 Title Geotechnical Expert Name AGE - Geologic Consulting Phone 541-226-6658 E -Mail robin.warren@agegc.com Address 1314-B Center Dr., PMB#452 City Medford zip 97501 I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact are in all respects, true and correct, f understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. f further understand that if this request is subsequently contested, the burden witl be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request, - 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are property located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at mX expense, l ham ve any doubts, l am advised to seek competent professional advice and assistance. •cY lltz� July 10, 2023 Applicant's Si nature Date As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property owner. i�}rx.rrafw�ll ___ Property Owner's Signature (required) Date [TD be —PlAd by C' SWQ Date Received Zoning Permit Type Filing Fee S OVER 1► Glcpmm-d,^11p1annsngSFomu A H-dours%Zmms Per l Applic,'*m dx ZONING PERMIT SUBMITTAL REQUIREMENTS Li APPLICATION FORM must be completed and signed by both applicant and property owner. Li PLANNING FEES FORM must be completed and signed by both applicant and property owner. ❑ FINDINGS OF FACT -- Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include information necessary to address all issues detailed in the Pre -Application Comment document. ❑ TRUE SCALE PDF DRAWINGS — Standard scale and formatted to print no larger than 11x17 inches. Include site plan, building elevations, parking and landscape details. ❑ FEE (Check, Charge or Cash) ❑ LEED@ CERTIFICATION (optional) -- Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps: • Hiring and retaining a LEER@ Accredited Professional as part of the project team throughout design and construction of the project; and • The LEER® checklist indicating the credits that will be pursued. NOTE; • Applications are accepted on a first come, first served basis. • Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full payment. • All applications received are reviewed for completeness by staff within 30 days from application date in accordance with ORS 227.178. • The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St). • A notice of the project request will be sent to neighboring properties for their comments or concerns. • If applicable, the application will also be reviewed by the Tree and/or Historic Commissions. 6 W--"planm�nffo= & Handouts\Zoning Permit Application du July 13, 2023 Development Review Request for the John Sidwell Residence Sub'ect Property Property Address: Map & Tax Lot: Zoning: Overlay Zones: Adjacent Zones: Lot Area: Property Owner: Contractor: Landscape Architecture: 710 Ashland Creek Drive 39 1E 17AA; Tax Lot #1101 Woodland Resource (WR) Physical Constraints Overlay Severe Constraints Wildfire Hazards Water Resource Protection Zone WR, WR -20 and RR -,5 2.93 acres John Sidwell 3868 Creek Mont Dr. Medford, OR 97504 Asher Homes 474 Russell -Street, Suite 101 Ashland, OR 97520 Terrain Landscape Architecture 310 Oak Street #3 Ashland, OR 97520 Geotechnical Expert: Applied Geotechnical Engineering & Geologic Consulting 1314-B Center lar., PMB#452 Medford, OR 97501. Land Use Consultation: Rogue Planning & Development Services, LLC 1314-B Center Dr., PMB#457 Medford, OR 97501 Request: The request is for Physical and Environmental Constraints Review Permit for the construction of a residence and accessory residential unit on the vacant property located at 710 Ashland Creek Drive. Most of the property area consists of slopes that are more than 35 percent, and the construction of a structure requires encroachment into the severe constraint slopes. An exception to the design standards for 710 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 1 of 25 hillside development to exceed a maximum horizontal plane that exceeds 36 feet on the south side of the structure, an exception to the downhill wall height to have a 24 %Z foot downhill wall height, and an exception to have a roof pitching away from the slope not downslope. A Variance to the side yard setback is requested to reduce the amount of cut into the steep slope for the construction of the structure. A Variance to driveway grades is required to develop the property, lastly, a tree removal permit to remove a 30 -inch DBH Madrone and a 12 -inch DBH Madrone tree is also requested. Property Description: The subject property is a 2.93 -acre, irregularly shaped parcel on the western slopes of the Siskiyou Mountain foothills where Ashland Creek Drive terminates into the property. The subject property is a preexisting, legal lot of record that was created prior to the adoption of environmental constraints ordinances. The subject property has moderately steep slopes uphill from the driveway access which is the only level portion of the property. This flat area consists of a roadcut that was created in the late 1990s when the street was constructed. This road cut extends 124 feet into the property and is an average of 36 feet wide. This road cut provides vehicular access to the site and is the grade at which development of the property is set. An ephemeral stream is located along the south side of the property. The subject property and the adjacent properties to the north and south are zoned Woodland Resource (WR), WR -20 and Rural Residential, % acre minimum lot area. The property to the west is outside of the city's Urban Growth Boundary. It is a large acre parcel that is very steep and is zoned Woodland Resource (WR -20). The property to the northeast and east of the site are zoned Rural Residential (RR -.5). The property and all surrounding properties are in the Wildfire Urban Interface and have been subject to extensive fuels reductions at the behest of the Oregon Department of Forestry and the City of Ashland Fire and Rescue Division. There are numerous conifer and deciduous trees on the property. A multi-year wildfire hazards reduction has been occurring on the property for the past 12 years. With the small diameter timber and all ladder fuels removed. There were two larger stature deciduous trees that were in a state of decline and removed as part of the multi-year effort. These two madrone trees are requested for removal now, post- removal and will be mitigated for with Scarlet Oaks. The adjacent properties to the northeast and north are occupied by residential homes and associated outbuildings. These structures were constructed in the early 2000s and mid -2000. Most of the homes 710 Ashland Creek Drive Physical Constraints Review Permit for hillside Development Page 2 of 25 are in the adjacent Lithia Creek Estates. A large dedicated open space is to the south and southeast of the subject property that is owned by the Lithia Creek Estates Homeowners Association. Photos L-- R: Ashland Creek Drive up driveway road cut; cut bank adjacent to road cut; view to street 710 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 3 of 25 Proposal: The proposal seeks to allow for the construction of duplex residence on the property located at 710 Ashland Creek Drive. The majority of the property has slopes of more than 35 percent. The areas of the proposed construction are between 5 --48 percent average slopes. Construction of the property requires a Physical Constraints Review Permit for hillside development of severe constraints land, exceptions to the hillside design standards, a variance to exceed the maximum driveway grade for a driveway in excess of 50 -feet and a variance to the side yard setback on the east side. The proposed structure is a residence with a small accessory residential unit. The structure provides for a two -vehicle garage for the primary residence and a single vehicle carport. The back-up turn around for the primary residence is into the second carport bay. The bay provides for adequate width, depth, and vertical clearance for vehicle turnaround. The residential units are provided on the two floors above. The accessory unit is above the carport area and the primary residence is above the garage and consists of two- and one-half stories. The structure is tucked into the hillside as much as possible when considering the steep topography adjacent to the driveway. Exception to the design standards is sought to address the horizontal plane on the south side of the structure that slighity exceeds 36 feet, The downhill wail height at the tallest grade is 24 % feet and exceeds the standard of 20 -feet without a step back, and lastly, the roof pitches uphill to provide large windows on the east fagade where there are none on the east side due to the slope. To reduce the cut slope, a minor variance to reduce the allowed six-foot side yard setback to three feet, eleven inches where six feet is required. There is a short segment of the driveway which exceeds 15 percent grade and is up to 18 percent grade. The driveway is greater than 50 -feet in length, and to exceed 15 percent, a variance is required. The structure will be constructed of fire-resistant materials including cement board siding, class B or better roofing such as metal. Eire suppression systems will be provided in the units. The driveway will be constructed to hold the weight and width of a fire truck. A turnaround is not possible so alternative methods (sprinklers) are proposed for fire suppression. The structure is proposed to be set at the grade of the existing roadbed or site access. This site access was created by the original subdivision developer in the late 1980s. This roadbed area provides the site access and is generally the width of the developable portion of the property due to the 43 percent slope adjacent to the existing graded portion of the property. The proposed residence steps into the hillside as much as possible to limit the amount of excavation and overburdening of the slope and to take advantage of the relatively level roadbed. The proposed residence utilizes a stepped foundation as much as possible and reducing the steps into the hillside reduces the overall area of disturbance. A licensed geotechnical engineer and geologist completed a site visit in February 2023. They found that the property and general area has surficial soils that consists of silty sand soil (decomposed granite). It 71.0 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 4 of 25 j is well known that the west Ashland hillsides are granite at depth. There are no mapped faults or other geologic structures that would have an adverse impact on development. There were no springs or groundwater seepage observed on the lot, it is anticipated that groundwater is 30 -feet or more below found. It is the geotechnical expert's opinion that "the lot is suitable for development with the proposed duplex residence—if the geotechnical recommendations for the development of the property are followed, in our opinion, there is no significant risk of slope instability on the lot or settlement due to the fill." A structural engineer familiar with Ashland hillside and with demonstrable experience in steep slope construction will provide final design with review and oversite of the project geotechnical expert. There are two trees that were removed during wildfire reduction efforts on the property that were taken out at the direction of the fuel's reduction crews based on the trees condition at the time. Since these trees were mapped as significant trees (deciduous trees 12" DBH and greater) their removal is requested herein. A detailed erosion control, drainage and grading plan are provided that demonstrate compliance with the provisions of the Physical Constraints Ordinance, the reduction in setbacks as allowed by a variance and a driveway grade variance are all necessitated by the existing physical conditions of the site and the need for minor exceptions to allow the development of the single family residential lot. On the following pages are findings of fact addressing the approval criteria for Severe Constraints Development, exception to Hillside Design Standards to exceed the horizontal plane, Tree Removal and the criteria for a Variance to driveway grade and side yard setbacks. Thank you for your consideration. 77.0 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 5 of 25 FINDINGS OF FACT Ashland Municipal Code for Physical and Environmental Constraints Review: 18.3.10.060 Land Classifications. B. Hillside Lands are areas defined as Hillside Lands on the Physical and Environmental Constraints Hillside Lands and Severe Constraints map and which have a slope of 25 percent or greater. C. Wildfire Lands 18.3.10.050 Approval -Criteria A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. Finding: The proposed residential structure is sited in a manner to have the least amount of disturbance by using the existing road cut for construction and retained cut and fill material to construct the structure. The proposed variance to the side yard setback reduces the potential impacts to the hillside and adverse impacts are minimized by limiting the cut, reducing the setbacks, limiting the stepping up and into the hillside, the impacts are reduced. The structure is located as close as practicable in the areas of the site that are the least steep and least number of trees. The proposed driveway has minimal length to preserve the steep hillside, preserve trees and to provide adequate access to the garage and carport and ample back up and turnaround area to accommodate vehicle maneuvering on the subject property. The most critical components, erosion control, slope stability, storm water drainage, proper grading, no unretained new cuts or fill areas as it pertains to the application of this chapter's development standards are met. Minor exceptions to the height of a downhill wall, and the length of a horizontal plane are requested, both of the exceptions are in the areas furthest away from any other adjacent development property areas and abutting a large, forested open space are requested. Through the application of the requirements of the Hillside Ordinance, the Severe Constraints Standards and, the oversight and design by an experienced geotechnical expert, a structural engineer, and a contractor with 30 years of experience building on Ashland's west hillside, and implementation of the erosion control plan and tree protection / preservation, potential adverse impacts to the surrounding area and subject property have been minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. Finding: All potential hazards, including erosion, slope failure, run-off and track out from the decomposed hillside, and wildfire hazards have been considered. The proposal anticipates impacts and provides solutions to 710 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 6 of 25 issues in the form of erosion control plans, tree protection and preservation plan, and a wildfire hazards reduction plan and wildfire standards plan for revegetation. The building plans, erosion control, retaining wall design, and proposed stormwater have been designed by an architect that has substantial experience in hillside development in Oregon under the oversite of the geotechnical expert. There are no known hazards in the development area or immediately adjacent. There is no evidence of surface water or seepage, scarring or other evidence of landslide or slope failure. The erosion control measures such as silt fencing, bio -bags on the catch basins, and straw waddles will remain in place throughout the duration of the site work and during construction. The tree protection fencing will remain in place throughout the duration of construction or until the exterior of the structure is completed and no additional site disturbance is occurring. C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum development permitted by this ordinance. Finding: All reasonable steps to reduce adverse impact on the environment. The proposed residence preserves the steepest portions of the property in an undisturbed state. The largest and most dense areas of trees are preserved. The significant trees in the area of the proposed construction are retained. The site disturbance is limited to the areas of construction and there are no changes to the majority of the area of the property area. There are no irreversible actions that will have negative impacts on the environment. Two new Scarlet Oaks are proposed to replace the removed trees replacing the root system improving erosion control. Site disturbance from construction will be re -vegetated with native grass seed mix. The applicant finds that the surrounding properties, all constructed under permit with the City of Ashland and provide the baseline for the "maximum development" permitted by ordinance. The surrounding properties in the impact area, were approved with the same conditions of approval from the Lithia Park Village Subdivision. The residence is in a developed neighborhood among homes that were built to or with exception to the hillside development standards. There is no evidence of slope failure or similar on any of the adjacent properties. The subject property is substantially larger in area and much steeper than the developed properties in the impact area yet the area of site disturbance, lot coverage, home design and exceptions to the standards are found on many adjacent properties in the impact area. 710 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 7 of 25 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 is a pre-existing, legal lot of record that has very limited area outside of slopes in excess of 43 percent. It is buildable for allowed residential uses in the zone. B. Hillside Grading and Erosion Control. All development on lands classified as Hillside shall provide plans conforming to the following items. 1. All grading, retaining wall design, drainage, and erosion control plans for development on Hillside Lands shall be designed by a geotechnical expert. All cuts, grading or fills shall conform to the International Building Code and be consistent with the provisions of this ordinance. Erosion control measures on the development site shall be required to minimize the solids in runoff from disturbed areas. Finding The grading, drainage, retaining wall and erosion control plans have been designed by a landscape architect familiar with steep slopes and reviewed by a geotechnical expert. Silt fencing is to be installed on the downhill side of the construction area to minimize runoff during construction and native grass reseeding will be provided post construction to provide permanent erosion control post construction. 2. Timing of Improvements. For development other than single -fancily homes on individual lots, all grading, drainage improvements, or other land disturbances shall only occur from May 1 to October 31. Excavation shall not occur during the remaining wet months of the year, Erosion control measures shall be installed and functional by October 31. Finding: This proposal is exempt from this section of the code because the proposal is for a single family residence. 3. Retention in natural state. An area equal to 25 percent of the total project area, plus the percentage figure of the average slope of the total project area, shall be retained in a natural state. Lands to be retained in a natural state shall be protected from damage tlnough the use of temporary construction fencing or the functional equivalent. For example, on a 25,000 -square -foot lot with an average slope of 29 percent, 25 percent plus 29 percent equals 54 percent of the total lot area shall be retained in a natural state. The retention in a natural state of areas greater than the minimum percentage required here is encouraged. Finding: More than 25 percent of the total project area encroaching into the hillside and the disturbance area 10 - feet beyond the footprint, plus the percentage figure of the average slope of the total project area is 710 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 8 of 25 retained. The areas outside of the construction area can be protected with temporary construction fencing. The average slope of the property is 55 percent. Of the hillside area of the site (areas greater than 25 percent), there is substantially less than 10 percent of those portions of site disturbed, and the majority of the site is retained in a natural state. The entire lot coverage is less than seven percent and that includes the areas of the driveway which are not subject to this standard. It can be found that more than 80 percent of the property will be 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: The proposed structure is cut into the hillside leaving no exposed cut slopes. b. Exposed cut slopes, such as those for streets, driveway accesses, or yard areas, greater than seven feet in height shall be terraced. Cut faces on a terraced section shall not exceed a maximum height of five feet. Terrace widths shall be a minimum of three feet to allow for the introduction of vegetation for erosion control. Total cut slopes shall not exceed a maximum vertical height of 15 feet. The top of cut slopes not utilizing structural retaining walls shall be located a minimum setback of one-half the height of the cut slope from the nearest property line. Finding: There are no exposed cut slopes. c. Cut slopes for structure foundations which reduce the effective visual bulk, such as split pad or stepped footings, shall be exempted from the height limitations of this section. Finding: The proposed residence is cut into the hillside. The downhill wails are the structural retaining for the building. 71.0 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 9 of 25 d. Revegetation of cut slope terraces shall include the provision of a planting plan, introduction of top soil where necessary, and the use of irrigation if necessary. The vegetation used for these areas shall be native, or species similar in resource value to native plants, which will survive, help reduce the visual impact of the cut slope, and assist in providing long term slope stabilization. Trees, bush - type plantings, and cascading vine -type plantings may be appropriate. Finding: There are minor cut slope terraces when considering the topographical constraints. The areas are directly adjacent to the residence where the soil has been disturbed are proposed to be hydroseeded with native plant mixture. The area of ornamental landscaping is proposed to be Firewise Plants acceptable in the Ashland Urban Interface. 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 frorn the nearest property line. Finding: No fill slopes are proposed. All fill areas are proposed to be retained. b. Fill slopes shall be protected with an erosion control netting, blanket or functional equivalent. Netting or blankets shall only be used in conjunction with an organic mulch such as straw or wood fiber. The blanket must be applied so that it is in complete contact with the soil so that erosion does not occur beneath it. Erosion netting or blankets shall be securely anchored to the slope in accordance with manufacturer's recommendations. Finding: No un -retained fill slopes are proposed. c. Whenever possible, utilities shall not be located or installed on or in fill slopes. When determined that it necessary to install utilities on fill slopes, all plans shall be designed by a geotechnical expert. Finding: The utilities are not being installed on fill slopes. They are proposed within the road bed and extending to Ashland Creels Drive. 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 710 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 10 of 25 necessary. Evidence shall be required indicating long-term viability of the proposed vegetation for the purposes of erosion control on disturbed areas. Finding No un -retained fill slopes are proposed. 6. Revegetation Requirements. Where required by this chapter, all required revegetation of cut and fill slopes shall be installed prior to the issuance of a certificate of occupancy, signature of a required survey plat, or other time as determined by the hearing authority. Vegetation shall be installed in such a manner as to be substantially established within one year of installation. Finding: There are ornamental landscape areas, hydroseed areas and areas there native vegetation is to remain. The landscape plan on Sheet L4.1 details the proposed landscaping. Most is directly adjacent to the area of disturbance from the construction. The revegetation areas will be installed prior to the issuance of the certificate of occupancy. 7. Maintenance, Security, and Penalties for Erosion Control Measures. a. Maintenance. All measures installed for the purposes of long-term erosion control, including but not limited to vegetative cover, rock walls, and landscaping, shall be maintained in perpetuity on all areas which have been disturbed, including public rights-of-way. The applicant shall provide evidence indicating the mechanisms in place to ensure maintenance of measures. Fines: The landscaping will be maintained in perpetuity. b. Security, Finding: The subject lot is not subject to this section of code as it existed prior to January 1, 1998. S. 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: The terraces are for the structural retaining of the hillside and structural retaining of the residence. There is a retaining wall on the east side of the driveway 710 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 11 of 25 b. & c. Avoid hazardous or unstable portions of the site. Finding: There is no. physical evidence on the site of any hazardous or unstable portions of the site. d. Building pads should be of rninimum size to accommodate the structure and a reasonable amount of yard space. Pads for tennis courts, swimming pools and large lawns are discouraged. As much of -the remaining lot area as possible should be kept in the natural state of the original slope. Finding: A level pad area for lawn or even yard space is not proposed. Areas of disturbance will be re- seeded with native grasses post construction, and the majority of the site will be retained in a natural state due to the site topography. 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: Periodic inspection of the property and construction consistent with the recommendations and conducted by the geotechnical engineer will be obtained. 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. When the subdivision adjacent to this property was developed, all necessary infrastructure was constructed to not exclude this lot from public utilities in the subdivision were installed to the terminus of Ashland Creek Drive. The proposed sanitary sewer service and storm water are proposed to be extended in the road bed to the public right of way. The storm water catchment is first in the driveway and then directed to the city system at the northeast corner of the property as detailed on Sheets 1.3.1, 1.3.3 and i.3.4. Storm water catchment will be one of 710 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 12 of 25 the first improvements constructed on site. There are minimal impervious surface areas limiting any erosion or run off issues since all new facilities will be connected to the hardline system. The water and electrical service extends from Ashland Creek Drive within the roadbed. There are no trees within the trench lines for those services. D. Tree Conservation, Protection and Removal. All development oil Hillside Lands shall conform to the following requirements. 1. Inventory of Existing Trees. Finding: See the attached Tree Inventory completed by Terrain Landscape Architecture. There are two trees that appear on the survey that should have had tree removal permits as they no longer exist on site. A large portion of the site is not affected by the proposed development and therefore is not included in the inventory. 2. Evaluation of Suitability for Conservation. Finding: See the attached Tree Inventory Terrain Landscape Architecture. Details regarding the protection and the excavation methods around the trees to be preserved are addressed. A large portion of the site is not affected by the proposed development and therefore is not included in the inventory. 3. Tree Conservation in Project Design. Finding The site layout, including utility installation are in the areas of least disturbance and will not have negative impacts on the preserved trees. There are only two trees which require tree removal permit and were removed as part of the wildfire reduction plan that has been implemented on the property over the past 12 years. These two trees are a 12 -inch madrone and a 30 -inch madrone. Both are outside of the development area but were in a state of decline and removed without a permit to remove significant trees. 4. Tree Protection. Finding: -All trees designated for conservation will be clearly marked on the project site. Prior to the start of any clearing, stripping, stockpiling, trenching, grading, compaction, paving or change in ground 710 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 13 of 25 f elevation, tree protection fencing in accordance with section 18.4.5.030.0 will be installed. A six-foot chain link fence is proposed to be installed at or near the dripline of the trees to be preserved. The Tree Protection plan has a general tree protection zone identified that speaks to one foot per inch DBH. The tree protection plan details the construction methods in the areas adjacent to the trees, 5. Tree Removal. Development shall be designed to preserve the maximum number of trees on a site. The development shall follow the standards for fuel reduction if the development is located in Wildfire Lands. When justified by findings of fact, the hearing authority may approve the removal of trees for one or more of the following -conditions. Finding: There are two significant trees proposed for removal. These two trees were in a state of decline and were inadvertently removed without permit by the Wildfire hazards removal tree company. There are hundreds of trees on the subject property outside of the development area. All trees within the development area that are retained and protected, is in concert with the Wildfire Hazards overlay to construct a new residence can be found to substantially comply with all of the tree removal criteria. a. The tree is located within the building envelope. Finding: There are no trees within the footprint of the building. b. The tree is located within a proposed street, driveway, or parking area. Finding: Not applicable. c. The tree is located within a water, sewer, or other public utility casement. Finding: Not applicable. d. The tree is determined by a landscape professional to be dead or diseased, or it constitutes an unacceptable hazard to life or property when evaluated by the standards in 18.3.10.090.D,2. Finding: 710 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 14 of 25 There were two Madrone trees that were removed as part of a wildfire hazards reduction at the behest of Oregon Department of Forestry and the City of Ashland. It was determined at that time that the 12 -inch DI3H and 30 -inch DBH Madrones were determined to be dead or dying. These trees were west of the residence. e. The tree is located within or adjacent to areas of cuts or fills that are deemed threatening to the life of the tree, as determined by a landscape professional. Finding: Not applicable. G. Tree Replacement. Finding: Following the construction, two deciduous trees, Scarlet Oaks, are proposed to be planted. These are depicted on plan the Landscape Architecture Plans set sheet L4.1.. E. Building Location and Design Standards. All buildings and buildable areas proposed for Hillside Lands shall be designed and constructed in compliance with the following standards. 1. Building Envelopes. Finding: The structure is within the buildable area of the site. The subdivision predates the hillside development standards. There is a small area of less than 35 percent on the lot and it is within the roadbed that was created by the previous subdivision developer. 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. Fines: 77.0 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 15 of 25 l Ashland Municipal Code 18.6.1.030 states that natural grade is the elevation of the ground level in its natural and original state, before manmade alterations such as grading, filling, excavation, and construction. Measurements in the building design findings section provides is to the definition of natural grade. The proposed residence is less than 35 -feet in height from natural grade. From the excavated grade that height is 24 %2' above the natural grade pre -roadbed excavation. b. Cut buildings into hillsides to reduce effective visual bulk. i. Split pad or stepped footings shall be incorporated into building design to allow the structure to more closely follow the slope. ii. Reduce building mass by utilizing below grade rooms cut into the natural slope. Finding: The residence is cut into the slope on the property with a stepped foundation as much as a 43+ percent slope will allow. The hillside adjacent to the road slope is 18' tall from grade and quickly steepens. The topography limits the cutting into the hillside. Due to the limited depth of the cuts, to create both shadow lines and breaks in the mass of the fagade on the downhill side there is a deck on the downhill side that is cantilevered and no posts are proposed. 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 downhill walls on a majority of the structure are less than 20 -feet as measured from natural grade. There is a 20 -foot wide section of the downhill wall that is 24 %' tall on the east side of the structure. A four -foot step back is proposed with the decking of the cantilevered deck adding to the depth of the step back. An exception to this standard is requested. d. Continuous horizontal building planes shall not exceed a maximum length of 36 feet. Planes longer than 36 feet shall include a minimum offset of six feet. Finding: The structural framing of the carport is 21' — 6" leading to the 15' — 4" wide entry doors for the residential dwellings. Though the span of the structure is more than 36, being that there is not a 71.0 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 16 of 25 r 'facade' to the carport. The design provides substantial openings that break up the massing of the plane of the building. The building plane of the dwelling unit facade is less than 36'. It can be found that the east side of the structure complies with this standard and meets the intent of this code which is to reduce the visual impacts of the structure to the adjacent downhill properties and to those in the impact area. The horizontal place of the carport is not visible to any of the properties occupied with homes in the notice area and is oriented towards an 11.6 - acre open space. The property slopes downhill away from the site and the vacant property at 707 Ashland Creek Drive is substantially downhill and more than 60 -feet from the proposed structure reducing any potential impacts. The second story, the above grade living level, along the south side of the structure is 40 -feet in length. An exception to the required off -set standard is requested on the following pages. e. It is recommended that roof forms and roof lines for new structures be broken into a series of smaller building components to reflect the irregular forms of the surrounding hillside. Long, linear unbroken roof lines are discouraged. Large gable ends on downhill elevations should be avoided, however smaller gables may be permitted. Finding: The residence has low pitch, shed style roofs that are broken in to smaller components. There are no long or linear unbroken roof lines. The roof does pitch uphill allowing taller wails on the east side of the structure where the residence is buried into the hillside with no openings on the west side of the structure. An exception to this standard is requested. f. It is recommended that roofs of lower floor levels be used to provide deck or outdoor space for upper floor levels. The use of overhanging decks with vertical supports in excess of 12 feet on downhill elevations should be avoided. Finding The roof of the ground level floor is providing for a deck. The deck extends along the front of the residence. The deck is proposed to project beyond the ground floor level and be part of the step back of the main level living area. There are no support posts on the cantilevered deck. There is no yard area and the decks are some of the only level outdoor spaces on the property. g. It is recommended that color selection for new structures be coordinated with the predominant colors of the surrounding landscape to minimize contrast between the structure and the natural environment. Finding: 71.0 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 17 of 25 Natural colors selected from the predominant colors of the surrounding landscape will be used for the exterior paint finishes. The metal roof will be painted and not reflective galvanized metal. F. All structures on Hillside Lands shall have foundations designed by an engineer or architect with demonstrable geotechnical design experience. A designer, as defined, shall not complete working drawings without having foundations designed by an engineer. Finding: The foundation will be designed by an engineer. The engineered foundation will be provided with the building permit set. As noted, the engineer has demonstrable geotechnical design experience to address the building code standards for hillside construction will provide final review on the building permit sets. The geotechnical expert has found the property to be developable. G. All newly created lots or lots modified by a lot line adjustment must include building envelopes containing a buildable area less than 35 percent slope of sufficient size to accommodate the uses permitted in the underlying zone, unless the division or lot line adjustment is for open space or conservation purposes. Finding: This section is not applicable. The lot pre -dates the adoption of the standards and there is not a building area of less than 35 percent on the site. H. Exception to the Development Standards for Hillside Lands. An exception under this section is not subject to the variance requirements of chapter 18.5.5, Variances. An application for an exception is subject to the Type I procedure in section 18.5.1.050 and may be granted with respect to the development standards for Hillside Lands if the proposal rneets all of the following criteria: Finding: There are three exceptions to the design standards from AMC 18.3.10.090.E.2.c., d., and e. are requested here. Each of the design standards that is requested to be excepted can be found to be meet the standards due to the steepness of the lot, the unique location of the lot with steep hillsides, unbuildable properties, and areas of large open space that cannot be developed, and that the requests are the minimum necessary to construct a residence on the property. The existing grade of the site is a road cut into the steep, more than 35 percent hillside creating a 43f percent, 18` tall hillside directly adjacent to the road cut. This complicates the cutting into the hillside to create step -backs to reduce downhill wall height, and to reduce the horizontal plane. The purpose of the taller downhill wall is to balance the lack of windows into the space because of the hillside, and that the hill behind the residence blocks much of the natural light because the sun goes behind the hillside early in the day and the windows will allow natural light into the space and allows views out. 710 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 18 of 25 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. FindinE. The site is constrained severely constrained because the cut back is approximately 43 percent slopes. The average slope of the property in the area of the proposed residence has an average slope of 48 percent. The increased slope factor greatly impacts the height of downhill wall construction. There is an exception is to a horizontal wall plane, for one wall that is on the south side of the structure. The wall is partially behind a structural retaining wall thus the visible length is lessened. The design standards were adopted decades after the subject property was created. The lot is more than two acres in area but has only a small residential structure with minimal setback from the right-of-way proposed, leaving the majority of the site undisturbed and all construction in the areas that are most accessible and have least disturbance. Additionally, the grade of the road cut and the new driveway creates factors beyond the property owner's control. The road cut determined the grades of the site development, location of garage doors the height of the downhill wall is influenced by the hillside adjacent to the road cut and that cuts into the hillside to reduce the height of the building increases the amount of soil excavation. To provide an adequate garage space and have adequate back-up /turnaround area, the entire area of the road cut (-30-feet) needed to be used and that road cut, adequate vehicle maneuvering, steep hillside and- attempts to limit excavation are the physical circumstances on this site that are not typical as lots with the slope at 710 Ashland Creek Drive cannot be created. 2. The exception will result in equal or greater protection of the resources protected under this chapter. Finding: The property consists of stable slopes that show no evidence of slope failure or severe erosion even on cut banks of 43+ percent and greater. This demonstrates the bedrock and substrate are safe for construction. The slightly elongated horizontal plane provides equal protection of the resources protected under this chapter (steep slopes, significant trees, natural and wildlife habitats) that a 36 -foot - long wall would provide. The downhill wall height and roof pitch allow for less excavation of the hillside and less cutting into the slope. 71.0 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 19 of 25 3. The exception is the minimum necessary to alleviate the difficulty. Finding: The exceptions are the minimum necessary to alleviate the difficulty of constructing on a hillside lot that has slopes 15 percent and greater than the standards allow. The three minor exceptions are in areas that will have the least impact on adjacent properties and will not be visible from adjacent residences in the impact area. 4. The exception is consistent with the stated Purpose and Intent of chapter 18.3.10, Physical and Environmental Constraints Overlay, and section 18.3.10.090, Development Standards for Hillside Lands. (Ord. 3199 § 18, amended, 06/15/2021; Ord. 3191 § 18, amended, 11117/2020; Ord. 3158 § 4, amended, 09/18/2018) Finding: The exceptions are consistent with the stated purpose and intent of the Physical and Environmental Constraints Overlay chapter and the Development Standards for Hillside Lands. The exception is a design exception to extend a downhill wall height, a horizontal building plane and a roof pitch, The proposed exceptions are intended to allow for the construction of a residential structure on a severely constrained slope that has other factors impacting construction and design — including that the area is determined by a pre-existing road cut. The requested exception limits encroachment or alterations to the natural environment. The proposed site development protects the majority of the trees in the area of construction, and the majority of the sites slopes and provides for sensitive development in areas that are constrained by various natural features. 18.3.10.100 Development Standards for Wildfire Lands B. Requirements for Construction of All Structures. Finding Compliance with the development standards for wildfire lands will be implemented on-site prior to introduction of combustible construction materials. Trees will be limbed up above the roof, the grass will be mowed, and small diameter ladder fuels will be removed. Additionally, a fire-resistant metal roof is proposed. See the included Fire Prevention & Control Plan, page L4.1. Variance Approval Criteria 1.8.5.5.050 1. The variance is necessary because the subject code provision does not account for special or unique physical circurmstances of the subject site, such as topography, natural features, adjacent development, or 71.0 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 20 of 25 similar circumstances. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance. Finding: There are two variance requests as part of this application. Variance to AMC 18.25.030.A. Standards for Urban Residential Zones — Standard Yards, Side 6 ft is requested to reduce the setback to 3' — 9" to the cantilevered deck. A variance is required because according to AMC 18.2.4.050 - Yard Requirements and General Exceptions — B. Eaves and awnings may encroach three feet into required yards; all other architectural projections may encroach 18" into required yards. The main level living area deck along the East side of the residence extends more than 18" into the setback, therefore a variance is required. The variance request is necessitated by the hillside behind the residence that creates a wall behind the home. From the grade of the driveway the hillside extends 18' above grade immediately adjacent to the roadbed. This slope presents challenges to construction and greatly limits any functional outdoor area to be part of the structure vs. yard or patio area. The deck along the east side of the proposed residence provides some of the only functional, level outdoor space. This deck overhang can be found similar to an eave where adjacent to the property line as it extends beyond the wall of the garage (grade) level below which is setback more than 6' from the property line at T-7 %z". Additionally, the code allows a substantial front yard setback reduction for steep slopes without a variance (18.2.5.060.A.3.), the requested variance herein is similar and not a situation that the code accounted for. Development of lots with 43+ percent slope is not considered in the ordinance because the code has for many years restricted development to slopes of less than 40 percent. The variance allows for substantially less excavation which has a greater environmental benefit than the minor impact of the cantilevered deck area where a variance to reduce the setback against a large private open space. A variance to driveway grade for a driveway that exceeds 15 percent grade, but not 18 percent grade is required. This is required because the driveway is greater than 50 -feet in length, is defined as a flag driveway. Per AMC 185.3.060 Additional Preliminary Flag Lot Partition Plat Criteria — F. Flag driveway grades shall not exceed a maximum grade of 15 percent. Variances may be granted for flag drives for grades in excess of 15 percent but no greater than 18 percent. Note: Per AMC 18.5.3.060 there are other standards that apply to flag driveways such as screening. No Variance to the other standards from AMC 18.5.3.060 is requested herein, only driveway grade standards. This application should not be subject to the standards of AMC 18.5.3.060... Partition standards. A partition application is not part of this application and criteria from partition chapter should not be applied within this application. 710 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 21 of 25 P Ashland Municipal Code 18.4.3080 — Vehicle Area Design; D.8. Grades for new driveways in all zones shall not exceed 20 percent for any portion of the driveway. This standard is met. The Variance to the driveway grade is embedded in the flag driveway standards. The steep grade of the property adjacent to the graded roadbed limits the amount of grade change that can be made to the roadbed. Fill is added to achieve access at the existing grade of Ashland Creek Drive, while balancing the fill with the cut for the structure. The structure cannot be moved closer to Ashland Creek Drive to reduce the length of the driveway so the standard no longer applies as the area nearer the connection with the public right of way is steeper and would lead to the removal of an additional tree. 2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. Finding: The first variance to the side yard setback is the minimum necessary to address the special physical circumstances that lead to the requested variance. The majority of the property is moderately steep with 43 percent plus slope in the buildable area. The proposed structure is shifted out of the hillside and into the more level area of the property through a reduction in the side yard setback from six feet to T— 11". This shift allows for a reduction in the amount of excavation necessary to site a home on the property. The proposed driveway exceeds 15 percent and goes to 18 percent for less than 100 -feet of length. This is the minimum necessary to allow adequate vehicular access to the site. The grade is being adjusted to reduce the steepness and there is not room to go deeper with the roadbed to relieve the grade or the house will then be too low against the hillside and the hill would overtop the residence. The code did not account for the steep grade of the street affecting the grade of the driveway. 3. The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. Finding: The proposed residence and the slight reduction in the side yard setback will not have any negative impacts on the development of the adjacent properties. The property adjacent to the site that is nearest the requested Variance is a subdivision open space that does not have development potential. The driveway grade variance allows for the transition of the property to the existing grade of Ashland Creek Drive. There is a minimal segment of driveway that exceeds 15 percent but not 18 percent. This driveway grade is the grade of Ashland Creek Drive (18 percent) and fill is used to increase the grade of the driveway surface and the residence is cut into the hillside. Even with the manipulated grade of the driveway, the grade is stili in excess of those allowed for driveways more than 50 -feet in length. 710 Ashland Creek Drive . Physical Constraints Review Permit for Hillside Development Page 22 of 25 The requested variances allow for the construction of a residential structure on a pre-existing legal lot of record thus furthering the intent of the Comprehensive Plan by allowing residential development in the residential zone with a similar coverage as the properties in the impact area. 4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant. Finding: The -requested variance to reduce the -side yard setback is a result of the steep slopes to the west of the graded area of the property that quickly become overly steep with construction. The property owners proposing development did not create the steep, residential parcel that would not be allowed to be created today. When the adjacent subdivision was created, a roadbed for Ashland Creek Drive was extended into the property. This roadbed determines the location of the residence, and the driveway grade. This road bed and the overall steepness of the property was not created by the property owner or applicant. 18.5.7.040 Tree Removal Permit Criteria B. Tree Removal Permit. 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority Beds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 1-8.3.10. Finding: There are two significant trees that were removed. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. Finding: The removal of trees will not have a significant impact on erosion, soil stability or protection of adjacent trees or windbreaks. The trees were removed and no erosion has occurred. 710 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 23 of 25 c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Finding: There are two dead trees proposed for removal. The removal of these trees will not have a significant impact on tree densities, sizes, canopies and species diversity. There are substantial numbers of madrone trees remaining on the more than two acre property, on the adjacent properties and within the adjacent subdivision open space. There are large numbers of large stature, significant trees within 200 feet of the property. There are thousands of trees 500 -feet to the west of the property within the forested properties abutting the subject property. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. Finding: The tree removal was done in conjunction with a wildfire removal plan due to the stressed nature of the trees. The majority of the trees on the property are retained outside of the development area. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. Fines There are numerous living trees on the site and in the vicinity. Two deciduous trees that will achieve similar size and stature at maturity as the removed Madrone trees will be planted on the property. Conclusion: In conclusion, it can be found that the project team including a Geotechnical Expert, structural and civil engineering, landscape architecture, professional building design, and longtime local contractor that has built other homes on the steep granitic hillsides that make up west Ashland's forest interface took the adherence to the Physical & Environmental Constraints development standards seriously and provided a reduction of impacts through construction techniques. These include an engineered / professionally designed storm water system that slow, treats and meters any stormwater generated by the structure and impervious surfaces. It can be that the proposed moderately sized structure will be a welcome 710 Ashland Creels Drive Physical Constraints Review Permit for Hillside Development Page 24 of 25 addition in the neighborhood. The geotechnical evaluation has indicated that the areas selected for development are suitable and the project engineer has designed or reviewed the erosion control, foundation type and retaining wall design. The site is a pre-existing legal lot of record that was created prior to the development standards that would prohibit the creation of the lot today. All reasonable steps necessary to prevent negative impacts to adjacent properties and the environment for the development of the site have been factored into the site design and placement of the residence. The applicant finds that all of the applicable City of Ashland requirements have been met or can be met through the imposition of conditions of approval and that strict adherence to the 2023 development standards would prevent the development of this legal lot of record. Attachments: Geotechnical Evaluation Site Plans Building elevations 710 Ashland Creek Drive Physical Constraints Review Permit for Hillside Development Page 25 of 25 s ppied eotechnical ngineering & Geologic Consulting March 8. 2023 Asher Homes 474 Russel Street, Ste 101 Ashland. OR 97520 SUBJECT: Geotechnical Investigation and Erosion Control New Single -Fancily Residence 710 Ashland Creek Drive Ashland, Oregon At your request, Applied Geotechnical Engineering and Geologic Consulting LLC (A.GEGC) has completed a geotechnical investigation and erosion control plan for the proposed residential home to be built at 710 Ashland Creek Drive in Ashland, Oregon, The approximate location of the site is shown on the Vicinity Map, Figure 1. The intent of our work is to provide design recommendations for design and construction of the new home. The geotechnical evaluation uicluded a review of available geotechnical and geologic information for the property and vicinity, a ground -level reconnaissance of the property and vicinity, and engineering analyses. This report describes the work accomplished and provides our recommendations for development of the property, including erosion control. As part of our work, we also reviewed the January 17, 2023, building plans. by Design Residential as provided by you. We understand the new residence will consist of a wood -framed duplex. 'Ire lowest level will consist of the garage and will have a concrete slab -on -grade floor located below adjacent exterior grades. Tire second story xvill be constructed partially over the garage area and partially with a crawlspace. Due to the existing slopes, the home will require concrete cantilevered and MSE retaining walls as part of site development. The retaining walls for the building may be up to about 12 ft tall with most located on the uphill side of the structure. A licensed geotechnical engineer and geologist provided by AGEGC completed a site visit to the property on February 10, 2023. The property is relatively large and is located at the northern enol of Ashland Creek Drive. The site has previously been partially graded with a dill access road that crosses through the proposed building site. The access road was consttwted using a cut and sidecasting the excavated material onto the slope downhill of the proposed building site. Subsurface conditions were evaluated based on the soils exposed in the Ashland Creek Drive and our experience with other homes in the immediate area. Surficial soils consist of silty sand soils (decomposed granite). Geologic, maps of the area indicate the site is underlain by granite at depth. 1`ro mapped faults or other geologic structures that could adversely impact development are shown on geologic .reaps of the area nor were observed in the area during our site reconnaissance. Native slopes in the vicinity of the proposed home site are relatively uniform and no indications of deep-seated slope failures were observed, Slight surficial sloughing was locally observed on poaions of the roadway out slope. The only significant fill was observed on the downhill side of the access drive. 5741-23 710 Ashland Creel: Drive Indications of groundwater springs or seepage were not observed on the lot. We anticipate that groundwater typically occurs at depths of greater than 30 ft; however, perched groundwater likely occurs at the top of the weathered granite during periods of heavy and/or extended rainfall. There is a seasonal drainage on the southern portion of the property, away from the building site. CONCLUSIONS AND RECOMMENDATIONS In our opinion, the lot is suitable for development with the proposed duplex residences_ The main geotechnical and geologic considerations for development of the lot are the moderately steep slopes, the potential for shallow hard rock (requiring rock excavation methods), and the potential for seasonal perched groundwater. If the geotechnical recommendations for development of the property are followed, in our opinion, there is no significant risk of slope instability on the lot or settlement dire to the fill. Recommendations for development and erosion control of the property are provided below_ Lot development 1) Final graded fill slopes should be no steeper than NEV. Final graded cut slopes on the lot should be no steeper than I .SH.1 V. Temporary cut slopes up to 15 ft high completed during dry weather may be excavated at a slope of 0.511:1 V. 2) Landscaping fill should be compacted to at least 90%. of the maximum dry density as determined by ASTM D 698. Structural fill under buildings and concrete flatwork should be compacted to at least 95% of the maximum dry density as determined by ASTM D 698. All fills constructed using native (on-site) soils should be overbuilt a mininium of 2 ft beyond final grades then trimmed back to design elevations using a trackhoe equipped with a smooth -lip bucket. The disturbed silty sand soils are highly susceptible to erosion and should be revegetated as soon as practical. Prior to placement of any fill, the ground surface in the fill are should be stripped of organics and existing fill. The strippings are not suitable for use as compacted fill and should_ be removed from the site or used in landscaped areas. Slopes steeper than 511:1V to receive fill should be benched with relatively flat areas during fill placement. The Benches should be a minimum of 12 ft wide, 3) bill placed within 3 ft of driveway areas, the house footprint, retaining walls, and concrete flatwork should consist of compacted, structural fill. The on-site soil (without deleterious material) may be used as structural fill if properly moisture conditioned and compacted; however, it is typically not practical to use the on-site materials as structural fill during periods of wet weather. Structural fill may also be constructed of imported granular fill, such as 3/4- and 4 -in. -minus crushed rock. Structural fill must be compacted to at least 95% of the maximum dry density as determined by ASTM D 698, at a moisture content within 3% ofoptimurn. The ground surface within all areas to receive fill should be stripped of surficial organics prior to placement of the fill, 4) Subsurface (French) drains maybe required iii the toe of fills, depending on the depth of the fill and location on the properly. The location of the drains should be determined by the geotechnical engineer daring construction. The drains should consist of a perforated PVC drain pipe placed in clean, angular drain rock. The drain pipe and crushed rock should be wrapped In a non -woven geotextile (minimum weight of 6 oz.) 2 5791-23 710 flshiNld Creek Drive 5) Structural loads may be supported on continuous spread footing foundations founded on stiff native, undisturbed silty sand soils or on structural fill over undisturbed native soils. We recommend that pad foundations not be used for support of the residence. Where practical, the contiguous spread footing foundations should he oriented perpendicular to the slope (oriented east -west). Foundation excavations should be completed using a backhoe or trackhoe equipped with a smooth -lip bucket. The downhill edge of any foundation must be setback an equivalent horizontal distance of at least 10 0 from the face of any slope. 'Phis setback may be obtained by embedding the foundation below grades. On a 2HA V slope, the downhill edge of a foundation must be embedded 5 ft below grade to obtain the recommended slope setback. Spread footing foundations may be designed for an allowable soil bearing pressure of up to 2,000 psf. This allowable soil bearing pressure assumes all footings will be founded as recommended in this report. `I'he minimum width of any footing should not be less than 15 in., and footings should be established a minirnuln of 18 in. below the lowest adjacent exterior grade. 6) The site should be graded to provide positive drainage away from footings and exterior walls. Subsurface drains (foundation drains) should be provided adjacent to all exterior foundations. 7) During wet -weather constriction, spread footing foundations should be underlain -by a minimum of 4 in. of compacted 44n. -minus, compacted crushed rock on the foundation subgrade to protect the subgrade from disturbance due to wetting of the subgrade soils. The crushed rock should be compacted with several passes with a smooth -plate vibratory compactor. 8) Concrete slab -on -grade floors should be underlain by a minimum of 12 in. of Y4 -in, - minus imported crushed rock. We recommend installation of a moisture retarding membrane under the concrete slab to minimize wicking of moisture up through the slab. The garage floor slab will be located below adjacent exterior grades. To reduce the risk of hydrostatic pressure on the underside of the slab, we recommend drain pipes be installed in the aggregate base for the slab on about 10 R center to center spacing. The drain pipes should be hard -piped to drain away from the home, 9) We anticipate that retaining walls will be constructed as part of the home and that MSE retaining walls will be constructed across the site. Rigid (such as concrete cantilevered walls) retaining wall foundations should have the same slope setback requirements as the house foundations. MSE walls (which are relatively flexible) can have a minimum embedment below grades as required by the design for the wall's stability if settlement is not a significant concern. The following embedded wall design recommendations assume that the wall backfill consists of clean granular material (sand or crushed rock) within at least 2 ft of the wall, the backfill is compacted to 90 to 95% of ASTM D 698, the backfill is level within 10 fl of the wall; and the embedded wall is fully drained, i.e., hydrostatic pressure cannot act on the wall. Walls that are allowed to yield by tilting about their base (cantilevered retaining and MSE walls are typically considered yielding) should be designed using a lateral earth pressure based on an equivalent fluid having a unit weight of 35 pcf, We further recommend that horizontal earth pressures due to surcharge loads be taken as an additional uniform horizontal pressure (rectangular pressure diagram) of 0.5 times the intensity of the surcharge load acting over the entire 3 5741-23 710 Ashland Creek Drive height of the wall. Horizontal shear forces can be resisted partially or completely by frictional forces developed between the base of spread footings and the underlying soil and by passive soil resistance. The total frictional resistance between the footing and the soil is the normal force times the coefficient of friction between the soil and the base of the footing, We recommend an ultimate value of 0.4 for the coefficient of friction; the normal force is the sum o€the vertical forces (dead load plus real live load). 10) Downspouts should be extended to drain away from the downslope area below the home. 11) We estianate that relatively hard rock occurs at a depth of less than 20 ft at the site. In our opinion, seismic design for the new Dome can be completed based on a Site Class B material. 12) A qualified geotechnical engineer should evaluate structural fill placement and compaction, and examine the foundation excavations and evaluate the subgrade prior to construction of the foundations, Mechanically Stabilized Earth (MSE) Retaining Walls Mechanically stabilized earth (MSE) retaining walls may be used along the driveway cut and fill slopes, and uphill of the homes to provide level areas. In Ashland, MSE walls are typically tiered with several closely placed walls in a set. MSE walls typically include compacted (structural) fill and a facing to retain the fill. We anticipate that the structural fill for construction of the MSE walls will consist of imported crushed rock fill C/4—in.-minus crushed rock) with a minimum angle of internal friction of 35° and a dry unit weight of between 124 and 140 pcf, Silty decomposed granite soils should not be used for wall construction. The backfill should be compacted to about 95% of the dry density as determined by ASTM D 698. In areas where the MSI; walls are up to 5 ft high and are located against competent native (undisturbed) decomposed granite, the wall backfill can consist of angular drain rock (Y4 -to -Y4 in. in size) capped with3/4-in.-minus crushed rock. Geognds will not be required, For MSE walls supporting significant fills, the walls will require geogrid placed in 2/4 -in. -Minus crushed rock fill with the geogrids extending back from the face a minimum distance equal to 75% of the total wall height. The total wall height for design purposes should be measured from the toe of the wall to the top of the highest wall in the tiered set. The MSE wall reinforcement should consist of Huesker Fortrac 55 geogrid (or equivalent) installed with the higher strength perpendicular to the face of the wall. For 8 -in. -high block facing, the geogrid should be installed every third block from the bottom of wall. The blocks should be underlain by a minimum of in. of compacted'/, -in. -minus crushed rock placed as structural fill. A minimum of a block should be embedded below final grades. The toe of each wall should be embedded at a depth to provide a horizontal distance no less than 6 ft from the face of the slope. A 12-4-,.-w!jv druinago layer should be installed bclfuid the lower 2.5 11 of each MSE wall. 4he remainder of the backfill should consist of 31 -in. -minus crushed rock. Where the drain rock is 4 5741-23 710 Ashland Creek Drive adjacent to the native silty sand soils, anon -woven geotextile (5 oz minimum weight) must be placed to separate the soils from the drain rock to prevent erosion of the soil into the rock. A 4 -in. -diameter perforated drain should be placed at the bottom of the drain rock section and connected to the storin water system. Erosion Control The intent of the erosion control plan is to decrease erosion and off-site migration of soils- This can be accomplished by decreasing surface water runoff" by means of vegetation, hay bales and rock coverings or checkdam; holding the soil in place by establishing a vegetation cover as soon as practical; and by directing surface water flow away from areas disturbed by construction activities, 1) We anticipate that a portion of the property will be disturbed during construction of the proposed structures, driveway, and site grading. Landscape areas on the lot where the vegetation is disturbed or removed should be revegetated as soon as practical. The silty sand (decomposed granitic soils) is easily eroded when disturbed by construction activities, Mulch consisting of either straw, wood cellulose fiber or other similar materials can be placed in areas where landscaping will not be established prior to September 15. if required, the mulch should be applied at a rate of approximately 2.,000 pounds per acre. Downspouts and other drains should be connected (hard -piped) to the storm water system as soon as practical. 2) During construction (prior to paving of the driveway), the driveway should be graded with a minimtun of 12 in, of crushed rock between the building site and the existing end of pavement. Periodic cleaning of the surface of the rock will be required as it becomes contaminated with soils from site work and construction traffic. The rate of the required cleanings will be significantly greater during wet weather construction. 3) We recommend all exposed soil areas (all graded areas) be graded such that surface water upslope of the disturbed area is directed away from the exposed sol1. Any surface water flow on the exposed soil should move as sheet flow rather than concentrated flow. This may include construction of -a ditch above the duplex to direct sheet flows away from the site. 4) Runoff from the disturbed portion of the site may contain some soil material. To further reduce the risk of sediment leaving the site during periods of wet weather (typically winter and spring months), small settling basins can be installed at the start of the wet season below the site at the discharge end of graded areas, ditches and swale areas. Straw bales should be staked along the downhill edge of the settling basin. Water can be discharged .from the settling basin using 4 -in. -diameter ilex pipe. The settling basins should be installed no later than September 30, 5) Straw bales or silt fe►tcing should be installed along the downhill edge of the proposed construction, The silt fence should be embedded at least 4 in. into the ground and should be staked in place. The straw bales should be placed end-to-end and staked in place to prevent separation between the bales. The silt fence and straw bales should be placed to direct surface water runoff from the site towards the setllement basins. 6) During construction and prior to establishment of the site landscaping, the erosion control measures must be monitored and will require periodic maintenance. Maintenance may include removal of sediment from upslope of the straw bales or silt fence, removal of 5741-23 710 Ashland Creel: Drive sediment from the settlement basins, and the placement of additional straw bales or sediment fence. The amount of required. maintenance of the erosion control measures will decrease significantly as the landscaping becomes established. 7) The project geotechnical engineer should evaluate the erosion control measures periodically during construction, including on about September 30 and after storm events. LIMITATIONS This report has been prepared to aid the owner's design team in the design and construction of die proposed duplex homes on the referenced property located at 710 Ashland Creek; Drive in Ashland, Oregon. The scope is limited to the specific project and location described herein, and our description of the project represents our understanding of the significant aspects of the project relevant to the design and construction of the proposed new homes. The conclusions and recommendations submitted in this report are based on the information described above. It should be understood that there are limitations in a study of this type (without field explorations). If the owner wishes to reduce these uncertainties beyond the level associated with this report, we should be advised at once. We have performed these services in accordance with generally accepted geotechnical engineering practices in southern Oregon at the time the study was accomplished. No other warranties, either expressed or implied, are provided. Please contact AGEGC if you have any questions or require additional information. Sincerely, Applied 7 cal Engineering and Geologic Consulting LLC Robmin L. Warren, G.E., R.G. A�-,"Y"PF Principalk-Y �'4 IV L. WAS' Renewal: June 2024 C� LO �0 o ctis ,.c Qa �� cu a ,.. LL F a; U _ r� CL C F PROJECT sff iz TERRAIN " ,Al-14sc Pl-t PACM COVER LOT 12 SIN 15279 v6/ t "OPEN SPACC m / 5/N 16279 LOT 13 5/11 16279 LOT FO S^ 16279 TERRAIN ......................... � DQE C�Css�o:+ t!}iF, �cLf £S rAriS .� r • • •� yr a MPR��a M ! 'I"OPOGRAPHIC SURVEY ]n[Trt EL 7[tis0.'1,' Icti (� H'J..YR'IT Qt Si rL'FI1 ,U`TA.lki? 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XIV I g g 7 EMN FLOOR LJVNGSF.: Mi UPPER FLOOR UlAnG S.F-' W BA.SEUFJfr UNANG SF.: 64 TOTAL UV.4G 231$ BASEMENT UNCONMIOUFDSF. ltOl i ------ — Z O __------------------ ....... � Pf W ELEVATTa'4 Q � S � sg C� a ' m: Gl: O n 02 E 9 � EAST ELEVATkON 50 Pi A.--"------------------- ..: :I N -- SOUTH ELEVATION a ffN v _ - -! IPL mi a` id'(�IY R�'i It I a It I It I I t �nI`•i 4N�ES7 ELEVATION ae The comments of this pre -application are preli►►rinary in nature and subject to change Lased upon the submittal of additional or different information. The Planning Cornrfrission or City Council are the final decision staking authority of the City, and are not bound by the comments wade by the Staff as part of this pre -application. ASHLAND PLANNING DEPARTMENT SITE: 710 Ashland Creek PRE -APPLICATION CONFERENCE APPLICANT: Rouge/Asher for Sidwell COMMENT SHEET REQUEST: Physical & Environruental March 16, 2023 Constraints Review Permit for Hillside Development PLANNING DIVISION COMMENTS: This pre --application conference is intended to highlight significant issues before the applicant prepares and subnnts a faunal Application. Planning staff last conducted a pre -application on this property in December of 2021 for Mr. Sidwell with a different hone design, these remarks are very similar to those given then. The property located at 710 Ashland Creek is a steeply sloped lot. Virtually the entire lot is `severely constrained' (slopes greater than 35%). On the image below (generated by City GIS) the dark magenta are slopes greater than 35% (typically there is light magenta showing slopes greater than 25%, however this entire lot has an average steepness of 55% - discussed farther below). Staff is concerned about the required depth of excavation based on the proposed location of the house. A cut fill analysis will be required to demonstrate compliance with the grading standards. The application materials submitted for the preapplication are limited. A final application will be required to include: • Details on lot coverage • A slope analysis / topographic survey • An inventory of existing trees and tree protection plan • Landscape and irrigation plan • Grading and Erosion & Sediment control plan • Detailed narrative regarding the building design vis a via the Hillside Design Standards and explaining any required exceptions. - 710 Ashland Creek Dr./aa March 16, 2023 Page 1 Zoning: The property is zoned WR which has a maximum lot coverage of 7%. The application materials do not indicate the amount of proposed lot coverage. Based on the lot size of 2.93 acres that allows for up to 8,934 sq ft. of lot coverage total. Estimated total project area is 6,000 sq ft. Building Design: Staff has concerns �',�11s �f�V r regarding the building design with regard to the following hillside standards From AMC �� Orient roofline 18.3.10.90.E.2:. with the hillside • Deck projecting out from the r ta,�ca structure goes against the hillside � standards. 2t) toot 35 Max, • Roofline does not orient with hillside. feet height yy 6 toot There are areas that appear to have minimum setback All grading, drainage improvements, or other /and disturbances shall only occur from May 1 to October 331, Excavation shall not occur during the remaining wet months of the year. Erosion control measures shall be installed and functional by October 31. Street Plug: There is an existing street plug at the end of Ashland Creek Drive. At present it is unclear if that will need to be vacated or not. Staff feels confident that Ashland Creek will not extend in the Riture but procedurally are not clear on what, if any steps need to be taken. Staff will follow up, but the applicant should be aware of this iteni and address it in their application materials. Undisturbed Natural State: The Development Standards for Hillside Lands also require that a portion of the lot remain in its undisturbed natural state as a function of the average slope of the property. The property has an average slope of 55.12 percent*. The code requires that average slope plus 25 is the percentage of the lot that must be retained in its natural state (80.12 percent). The final application site plan shall show that no more than 25,372 square feet (19.88 percent of the lot) are disturbed. Building Envelope: The property is very steep with many areas identified as "Severely constrained land" (slopes greater than 35%). It appears that the proposed building envelope is designed and located to maximize conservation of trees. An inventory of all trees 6"dbh or greater is required with the application — the inventory must identify species and approximate extent of tree canopy. Portions of the lot or project area not proposed to be disturbed by development need not be included in the inventory. The survey must clearly identify trees to be removed and retained. Because the proposed building encroaches on lands identified as severely constrained a Geotech report will be required pursuant to AMC 18.3.10 110. * For the purposes of determining the area to remain in a natural state in Hillside Lands, average slope for a parcel of land or for an entire project is calculated before grading using the following formula: S = .00229(1)(I.a)IA, where "S" is the average percent of slope; ".00229" is the conversion factor for square feet; "I" is the contour interval in feet; "L" is the summation of length of the contour lines in scale feet; and "A" is the area of the parcel or project in acres. Based on a 2 -foot contour city GIS shows that the summation of the lengths is 35,265.9 [e.g. S=0.00229(2)(35,265.9)/2.93; S=55.12%] 710 Ashland Creek Dr)aa March 16, 2023 Page 2 Hillside Grading and Stormwater Management Due to the amount of excavation required for this development special attention should be given to 18.3.10.090.B subpart 4-6 with regard to allowed curt and fill. The materials submitted with the application do not provide sufficient detail to assess compliance with these standards. All facilities for the collection of stormwater runoff shall be, to the greatest extent feasible, the first improvements constructed on the development site. While there is existing storm drain infrastructure in Ashland Creek Dr. the elevation differential may require that the stormwater be diverted to the existing natural drainage system to the south. Storinwater facilities shall be designed, constructed and maintained in a manner that will avoid erosion on-site and to adjacent and downstream properties. These shall be designed by a registered engineer or geotechnical expert and approved by the Public Works Department or Building Official. Tree Conservation, Protection and Removal. Additional attention to Tree protection and removal will be required for a successfiml application. The submitted plans indicate several trees to be retained that are too close to the building to be properly protected. A complete inventory of all trees greater than DBH is required, however portions of the lot or not to be disturbed by development need not be included in the inventory. All trees indicated on the inventory of existing trees shall also be identified as to their suitability for conservation. Significant conifer trees having a trunk 18 caliper inches or larger in diameter at breast height (DBH), and broadleaf trees having a trunk 12 caliper inches or larger in diameter at breast height (DBH), shall be protected and incorporated into the project design whenever possible. Tree removal would be considered both in terms of Tree Removal Permit requirements found in AMC 18.5.7, which regulates the removal of significant trees from the property, and more broadly in terms of the impacts of tree removal to the hillside lands as part of a Physical & Environmental Constraints Review Permit, which requires building design and site planning to be planned to preserve the maximum number of trees possible. A report from an arborist should be provided to address any tree removal permit request and should respond to the applicable criteria, and any hillside tree removals should also be addressed in terms of the Hillside Development Standards and by the geotechnical expert. All planning actions are required to include a tree pre servation/protection plan; this is intended to ensure that trees on and near the property are protected during all site disturbance (including demolition, construction, driveiswj�lparking installation, staging of materials, etc.). The trees identified to be preserved during the course of development shall be required to be protected in accordance with the tree protection standards in AMC 18.3.10.090.134. Development Standards for Wildfire Lands (AMC 18.3.10,100) The property is located within the designated Wildfire Lands Overlay. As a result, a Fire Prevention and Control Plan, prepared at the same scale as the development plans, addressing the General Fuel Modification Area requirements in AMC 18.3.10.100.B is required with the application. Additionally, any new landscaping proposed is required to meet the General Fuel Modification Area standards and not include plants listed on the Prohibited Flammable Plant List per Resolution 2018-028. Grading: hillside design standards. From AMC 18.3.10.90.B.4: Total cut slopes shall not exceed a maximum vertical height of 15 feet. Building Design: As mentioned above there are concerns regarding compatibility of the design with the hill side standards. 710 Ashland Creek Dr./aa March I6, 2023 Page 3 • 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. • Cut buildings into hillsides to reduce effective visual bulk. o i. Split pad or stepped footings shall be incorporated into building design to allow the structure to more closely follow the slope. o ii. Reduce building mass by utilizing below grade rooms cut into the natural slope. • 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. • 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. • 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. • 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 • 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. Additional items to be addressed in a final planning application: A final planning application should address the wildfire fuel modification area and tree protection plan, including all proposed tree removals. The .final planning application should address lot coverage including, any proposed walking paths, patios, and landings associated with the proposed house. Parking, Access, & Internal Circulation: Three off-street parking spaces are required for a single- family residential serviced by a driveway more than 50 feet in length, Each parking space shall be required to operate independent (no stacked parking.) Grading and Erosion Control: A grading plan including the location of all areas of land disturbance, including cuts, fills, driveways, building sites, and other construction areas is required. The total area of disturbance, total percentage of project site proposed for disturbance, and maximum depths and heights of cuts and fill must be included, An erosion control plan must be submitted with the application. The erosion control measures are required to minimize the solids in run off from disturbed area as required Exposed cut slopes, such as those for yard areas, greater than seven feet in height are required to be terraced. Cut faces carmot exceed a maximum height of five feet. Terrace widths shall be a mininiunl of three feet to allow for the introduction of vegetation for erosion control. Total cut slopes shall not exceed a maximum vertical height of 15 feet. The grading plan, erosion control plan and retaining walls must be designed and stamped by an engineer with experience in geologic hazards evaluation and geotechnical engineering Storm Drainage: Storm drainage plan inust be submitted with the application. Storm drainage facilities must direct surface water away from crit faces of fill slopes and be designed to avoid erosion on-site and 710 Ashland Creek Dr./aa March 16, 2023 Page 4 to adjacent downstream properties. Planting and Irrigation Plan: A planting/irrigation plan is required to demonstrate the manner in which cut slope terraces and fill slopes will be revegetated. The vegetation used for these areas must be native or species similar in resource value, which will survive, help reduce the visual impact of the cut/fill slopes and assist in providing long-term slope stabilization. Tree Inventory & Evaluation: The tree survey must locate all trees greater than six inches d.bh. and identify the species of each tree and approximate extent of the tree canopy. Trees to be removed and in areas that will be disturbed must be clearly identified. The name, signature and address of the person preparing the tree survey must be indicated on the tree survey. The application must also address the suitability of trees for conservation and demonstrate that the trees to be preserved have been incorporated into the design. Trees to be removed, unless diseased, dead or a hazard must be replaced. A tree -replanting plan must be submitted with the application. Inspection Schedule: An inspection schedule for the geotechnical expert must be submitted with the application. The project geotechnical expert must provide a final report indicating that the approved grading, drainage and erosion control measures were installed as per the approved plans and all scheduled inspections were conducted throughout the project. A completed application will be required to include a geotechnical study with all of the items listed in AMC 18.3.10.110.1) Inspections and Final Report: Prior to the certificate of occupancy for individual structures, the project geotechnical expert shall provide a final report indicating that the approved grading, drainage, and erosion control measures were installed as per the approved plans, and that all scheduled inspections, as per 18.3.10.090.A.4 j were conducted by the project geotechnical expert periodically throughout the project. Neighborhood Outreach: Staff always recommends that applicants approach the affected neighbors, particularly those who are likely to receive notice of an application, in order to make them aware of the proposal and to try to address any concerns that may arise as early in the process as possible. Notices are typically sent to neighboring property owners within a 200 -foot radius of the perimeter subject property. Written Findings/Burden of Proof: This pre -application conference is intended to highlight significant issues of concern to staff and bring them to the applicant's attention prior to their preparing a formal application submittal. Applicants should be aware that written findings addressing the ordinance and applicable criteria are required, and are heavily depended on when granting approval for a planning action. In addition, the required plans are explained in writing below. The burden of proof is on the applicant(s) to ensure that all applicable criteria are addressed in writing and that all required plans, written findings, and other rnaterials are submitted even if those items were not discussed in specific, itemized detail during this initial pre -application conference. OTHER ORDINANCE REQUIREMENTS: See AMC Table 18.2.5.030.A. — Standards for Urban Residential Zones. The subject property is zoned WR 710 Ashland Creek Dr./aa March 16, 2023 Page 5 18.3.10.050 Approval Criteria An application for a Physical Constraints Review Permit is subject to the Type I procedure in section 18.5.1.050 and shall be approved if the proposal meets all of the following criteria. A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized, B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions, The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum development permitted by this ordinance. 18.3.10.090 Development Standards for Hillside Lands [not all provisions from 18.3.10.090 are listed here individually] 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. Slopes greater than 35 percent shall be considered unbuildable except as allowed below. Exceptions may be granted to this requirement only as provided in subsection 18.3.10.090.H. B. Hillside Grading and Erosion Control. All development on lands classified as Hillside shall provide plans conforming to the following items. 1. All grading, retaining wall design, drainage, and erosion control plans for development on Hillside Lands shall be designed by a geotechnical expert, All cuts, grading or fills shall conform to the International Building Code and be consistent with the provisions of this ordinance. Erosion control measures on the development site shall be required to minimize the solids in runoff from disturbed areas. 2. Timing of Improvements. For development other than single family homes on individual lots, all grading, drainage improvements, or other land disturbances shall only occur from May 1 to October 39. Excavation shall not occur during the remaining wet months of the year. Erosion control measures shall be installed and functional by October 31. Up to 30 day modifications to the October 31 date, and 45 day modification to the May 1 date may be made by the Planning Director, based upon weather conditions and in consultation with the project geotechnical expert. The modification of dates shall be the minimum necessary, based upon evidence provided by the applicant, to accomplish the necessary project goals. 18.3.10.110 Development Standards for Severe Constraint Lands A. Severe Constraint Lands are extremely sensitive to development, grading, filling, or vegetation removal and, whenever possible, alternative development should be considered. B. Development of floodways is not permitted except for bridges and road crossings. Such crossings shall be designed to pass the 100 -year flood without raising the upstream flood height more than six inches. C. Development on lands greater than 35 percent slope shall meet all requirements of section 18.3.10.090 Development Standards for Hillside Lands in addition to the requirements of this section. D. Development of land or approval for a planning action shall be allowed only when the following study has been accomplished. An engineering geologic study approved by the Public Works Director and Planning Director establishes that the site is stable for the proposed use and development. [see code for submittal requirements.) 710 Ashland Creek Dr./aa March 16, 2023 Page 6 OTHER DEPARTMENTS' COMMENTS: BUILDING: No comments at this time. Please contact the Building Division for any building codes - related questions at 541-488-5305. CONSERVATION: 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 iulie.smitlierman rr,ashland.or.tis . 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 541552-2063 or via e-mail to dan.cunDinfzhaiii@ashlai-id.or.us ENGINEERING: At the end of this doetanent. Please contact Karl Johnson of the Engineering Division for any Public Works/Engineering information at 541-552-2415 or via e-mail to karlJohnson@ashland.or.us . FIRE: 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.sartain@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 detector check assembly 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 541-552-2326 or ( walkers&shland.or.us ) with any questions regarding water utilities. ELECTRIC SERVICE: "If existing service needs to be upgraded or existing underground service is not large enough, excavation and conduit may be required from transformer." Please contact Dave Tygerson in the Electric Department for service requirements and connect fee information at (541) 552- 2389 or via e-mail totygersod@ashland.or.us. Dave will arrange an on-site meeting, and develop a preliminary electrical service plan for the site. Please allow additional time to accommodate scheduling of this on-site meeting and preparing the preliminary plan. Submittals will not be deemed complete without a preliminary approved plan from the Electric Department 710 Ashland Creek Dr./aa March 16, 2023 Page 7 APPICATION REQUIREMENTS Submittal Information. The application is required to include all of the following information. a. The information requested on the application form at http://www.ashland.or.us/Files/Zoning%20Permit%2OAppIication.pdf . b. Plans and exhibits required for the specific approvals sought (see below). c, A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail (see below). d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable. e. The required fee (see below). The Ashland Land Use Ordinance, which is Chapter 18 of the Municipal Code, is available on-line in its entirety at: ht#p://www.ashland.or.us/SIB/files/AMC®Chet 18�current.pdf Written Statements Please provide two copies of a written statements explaining how the application meets the approval criteria from the sections of the Ashland Municipal Code listed below. These written statements provide the Staff Advisor or Planning Commission with the basis for approval of the application: o Physical & Environmental Constraints: 18.3.10.050 o Development Standards for Hillside Lands: 18.3.10.090 o Development Standards for Severe Constraint Lands: 18.3.10,110 Plans & Exhibits Required Please provide two sets of exhibits (plans or drawings) addressing the subinittal 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 Physical & Environmental Constraints: 18.3.10.040 o Tree Preservation and Protection: 18.4.5.030, 18.3.10.090.D PLANNING APPLICATION FEES: P&E Constraints Permit $1,120.25 NOTE: Applications are accepted on a first carie -first served basis. All applications received are reviewed and must be found to be complete before being processed or scheduled at a Planning Commission meeting. Applications will not be accepted without a complete application form signed by the applicant(s) and property owner(s), all required materials and Rill payment. Applications are reviewed for completeness in accordance with ORS 227.178. For further information, please contact: March 16, 2023 Aaron Anderson, Senior Planner Date City of Ashland, Department of Coniniunity Development Phone: 541-552-2052 or e-mail: aaton.andersongi ashland.or.us 710 Ashland Creek Dr./aa March 16, 2023 Page 8 Ashland Fire & Rescue 455 Siskiyou Boulevard Ashland, OR 97520 541.482.2770 Pre -Application Comments Project Address: 710 Ashland Creek Drive Permit Number: PREAPP-2021-00299 Project Description: New Single -Family Dwelling Ashland Fire & Rescue Contact: Ralph Sartain 541-552-2229 ralpli.saitaiii@ashiand.or.us Fire department comments are based upon the 2019 Oregon Fire Code as adopted by the Ashland Municipal Code, and Ashland Land Use Laws: Specific Comments: Residential Fire Sprinkler System Required — Due to steep access roads into the site, a residential fire sprinkler system shall serve as an acceptable means to mitigate the access deficiency (See specific section below). Wildfire Hazard Mitigation — The home is located in a wildfire hazard area and shall be built to Oregon Residential Specialty Code Section R327.4 requirements. General Comments: Addressing - Building numbers or addresses must be at Ieast 4 inches tall, be of a color that is in contrast to its background and shall be plainly visible and legible from the street fronting the property. Additional directional signage may be necessary to guide emergency responders down a driveway, path or through a gate. All premises identification, street signs and building numbers, must be in place with temporary signs when construction begins and permanent signage prior to issuance of any occupancy. OFC 505 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 503.2.8 Fire Apparatus Access -Single Residential Lot -If the fiirthest 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". 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 inust state that it cannot be modified without approval of Ashland Fire & Rescue. 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 503.1.1 710 Ashland Creek Dr./aa March 16, 2023 Page 9 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. 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 frohn clear view. Hydrants must be shown on site plan when submitting for building permits. Fire Sprinkler System — If access to site exceeds 10 % the installation of a residential system will be required. 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. UFC 503. 1.1 Gates and Fences Obstructions such as gates, fences, or any other iteni which would block or reduce the required fire apparatus access width must be shown on the plans and approved by Ashland Fire and Rescue. 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. 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 Vegetation — existing and intentionally planted vegetation is required to meet AMC 18.3.10.1 OOB(2) General Fuel Modification Area Standards. The Fire Wise landscaping brochure provides diagrams and examples of how to meet these requirements. w-ww.aslhlandfirewise.org. Contact Ashland Fire & Rescue Forestry Division for a Riel break inspection. Fire Season — If work will be completed during fire season, check fire season fire prevention requirements found at www.ashtand.or.us/frreseason. 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 tirne. The fire department contact for this project is Fire Marshal Ralph Sartain. He may be contacted at (541) 552-2229 or ralph.sartaingashland.or.us. 710 Ashland Creek Dr./aa March 16, 2023 Page 10 Public Works Conditions of Approval 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 pians 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 If drawings are submitted to the City of Ashland digitally, they shall be true scale PDF drawings. f 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 (2406) Mylar. Digital files of the as -constructed drawings shall also be submitted. Drawings shall be drawn such that reduction of plans from Rill 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. 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 in Ashland Creek Drive. 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 a 4 -in water main in Ashland Creek 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 bees will also be required for any new water services installed as part of this project. 6. Storm Drainage - The property is currently served by an 8 -in storm sewer main in Ashland Creek Drive. City of Ashland Engineering Department must review an engineered storm drainage plan. Storm Water Facility Design Requirements All development or redevelopment that will create or replace 2,500 square feet or more of impervious surface (buildings, roads, parking lots, etc.) area that discharges to an MS4 (municipal separate storm sewer systems), must comply with the requirements of the DEQ MS4 General Permit phase 2. Applicant MUST follow the guidance and requirements set forth in the current Rogue Valley Stormwater Quality Design Manual which can be found at the following website: https://www.rvss,us/pilot.asp?pg=StornlwaterDesigiiManual 710 Ashland Creek Dr./aa March 16, 2023 Page 1 I All storrnwater calculations, reports, drawings, etc. shall be submitted to the City of Ashland Engineering Department for review. 7. Erosion & Sediment Control - The following requirements shall be met: �ontrol All ground disturbances exceeding 2,500 square feet shall implement an Erosion and Sediment Plan (ESCP). • A 1200-C permit will be secured by the developer where required under the rules of the Oregon State DEQ. City of Ashland Engineering Department must receive a copy of this permit before any construction shall begin. • Erosion Prevention and Sediment control measures that meet the minimum standards set forth by the City of Ashland Public Works/Engineering Standard Drawing CD282 must be in place before any construction related to the project begins. ;.08.o6o. Pollution, track out, and sediment dumping into storm water are strictly prohibited per AMC • Drainage from automotive use areas shall be limited to oil concentrations of 10 mg/l 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 mieroclimatic 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-Builts - Where public improvements are required or completed, the developer shall submit to the City of Ashland, reproducible as -built drawings and an electronic file of all public improvements constructed during and in conjunction with this project. Field changes made during construction shall be drafted to the drawings in the same manner as the original plans with clear indication of all modifications (strike out old with new added beside). As -built drawings shall be submitted prior to final acceptance of the construction, initiating the one-year maintenance period. 11. Addresses — Any new addresses must be assigned by City of Ashland Engineering Department. 710 Ashland Creek Dr./aa March 16, 2023 Page 12 CITY OF Planning Division 1 51 Winburn Way, Ashland, OR ,ASHLAND 97520 DESCRIPTION OF PROJECT Project Description P&E for Hillside Development APPLICANT ...... . .. . . . ..... ....... .. . . ........... .. . ...... . ...... ... ....... ........ Name Rogue Planning & Development Sevices Phone 541-951-4020 E -Mail amygvnter,piinning@gniaii.com, Address 1314-B Center Dr., PMB#457 City Medford: Zip 975,01 PROPERTY OWNER Name John Sidwell Day Time Phone Address 3686 Creek Mont Dr. City Medford Zip 97504 DESCRIPTION OF' PROPERTY Street Address 710 Ashland Creek Drive Assessor's Map No. 39 1 E 1 7AA Tax Lot(s) 1191 SUBMITTAL REQUIREMENTS To request a pre -application conference, submit this form with true scale PDF drawings to Elang ingpy�shland,oLus. The application will need to include plans addressing the application submission requirements including site and landscaping plans drawn to a standard scale and formatted to print to scale on paper no larger than 11 -inches by 17 -inches. 1. Completed Application. Z Narrative — Provide a written description of proposal and request, (If in Historic District, provide pictures of existing structures, elevations of proposed structures and details of planned exterior design features and materials) 3. Site Plan — The site plan should contain all applicable elements in the Site Plan Checklist (see page 2) plus any other information pertinent to this proposal. The site plan will be checked to insure all applicable information is included at the time the pre -application date is set. 4. Additional information - Provide in the narrative or with the site plan: 1 ) Number of acres in development 2) Total gross square footage of all structures 3) Number of stories on each structure 4) Indicate number of and square footage of: a) Dwelling Units (include the units by the number of bedrooms in each unit— e.g. 101 -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 0 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. LEED0 Certification — Indicate whether project will be pursuing LEEDO certification, 6. Submittal Fee Pg.2 of 5 RRCIIE PLANNING 6 DEVROPMRIT SERVICES, LEC February 27, 2023 PRE -APPLICATION CONFERENCE SUBMITTAL Subject Prooert Property Address: 710 Ashland Creek Drive Map & 'Tax Lot: 39 1E 17AA; Tax Lot #1101 Zoning: Woodland Resource (WR) Adjacent Zones: WR and RR -.5 Lot Area: 2.93 acres Property Owner: John Sidwell 3868 Creek Mont Dr. Medford, OR 97504 Building Design/ Contractor: Asher Homes 474 Russell Street, Suite 101 Ashland, OR 97520 Land Use Consultation: Rogue Planning & Development Services, LLC 1314-B Center Dr., PMB#457 Medford, OR 97501 ft guest: The request is for Physical and Environmental Constraints Review Permit for the construction of a duplex residence. The property consists of slopes that are more than 35% and the construction of a structure requires encroachment into the severe constraint slopes. Property Description: The subject property is a 2.93 -acre, irregularly shaped parcel on the western slopes where Ashland Creek Drive terminates into the property. The property has steep slopes uphill from the driveway access which is the only level portion of the property. A roughly graded driveway connects to Ashland Creek Drive. An ephemeral stream is located along the creek is present near the south end of the property. It is hundreds of feet from the area of the property where the proposed home is to be located. 1 RNUE PLANNING s DEVELOPMENT SERVICES, LLC There are numerous conifer and deciduous trees on the property. The trees have been assessed and only the minimum number of trees will be removed to accommodate construction and wildfire hazards buffering. The subject property and the adjacent properties to the north and south are zoned Woodland Resource (WR). The property to the west is outside of the city's Urban Growth Boundary. It is a large acre parcel that is very steep and is zoned Woodland Resource (WR). The property to the northeast and eat of the site are zoned Rural Residential (RR -.5). The adjacent properties to the northeast and north are occupied by residential homes and associated outbuildings. These structures were constructed in the early 2000s and mid -2000. Most of the homes are in the adjacent Lithia Creek Estates. A large dedicated open space is to the south of the subject property that is owned by the Lithia Creek Estates Homeowners Association. Proposal: The proposal seeks to allow for the construction of duplex residence on the property located at 710 Ashland Creek Drive. The property is within the Physical and Environmental Constraints Overlay, and is steeply sloped. The area of the proposed construction is adjacent to the graded site access with the proposed construction at the minimum side yard setback to of six feet and pushed into the hillside. The site work constitutes hillside development, severe constraints, wildfire hazards zone construction. The majority of the property has slopes of more than 35 percent. The areas of the proposed construction are between 5 — 40 percent slopes. The proposed structure is a duplex residence with ground level garage/carport spaces. The residential units on the two floor above. The structure is tucked into the hillside with the walls of the structure being the structural retaining wall of the hillside. Exception to the design standards will be sought to address the horizontal planes that exceed 36 feet. The structure will be constructed of fire-resistant materials including cement board siding, class B or better shingles on the roof. Fire suppression system will be provided in the units. The driveway will be constructed to hold the weight and width of a fire truck. A turn around is not possible so alternative methods are proposed for suppression. The structure is proposed to be set at the grade of the site access and to be pushed into the hillside utilizing a stepped foundation as much as possible when considering that reducing the steps into the hillside reduces the area of disturbance. ROGUE PLANNING C DEVELOPMENT SERVICES, LLC A structural engineer familiar with Ashland hillside and with demonstrable experience in steep slope construction will provide final design for the retaining walls and the structural retaining of the structure. There are small diameter trees proposed for removal. All significant trees will be preserved. familiar with the protection and preservation of large stature conifers while introducing retaining walls and site alterations. Erosion control measures will be undertaken to prevent site erosion during construction. Straw mats or similar will be used to stabilize the disturbance areas. 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ASHLAND PLANNING DEPARTMENT SITE: 710 Ashland Creek PRE -APPLICATION CONFERENCE APPLICANT: Verity C011StRICtiOn COMMENT SHEET December 8, 2021 IIEQUEST: Physical & Environmental Constraints Review Permit for Hillside Development PLANNING DIVISION COMMENTS: This pre-alyWication conference is intended to highlight sign�ficant issues bqfo)-e the al-q-71icant prepams and submits afirmal application. The property located at 710 Ashland Creek is a steeply sloped lot. Virtually the entire lot is 'severely constrained' (slopes greater than 35%). On the image below (generated by City GIS) the dark magenta are slopes greater than 35% (typically there is light magenta showing slopes greater than 25%, however this entire lot has an average steepness of 55% - discussed further below). Staff is very concerned about the required depth of excavation based on the proposed location of the house. A cut fill analysis will be required to demonstrate compliance with the grading standards. Additionally, it appears that the entrance to the garage is proposed to be 12' above the grade of the driveway. If staff understands the drawings correctly this makes an unacceptable approach angle into the garage. The land use ordinance requires all new construction to happen on slopes less than 35%, however AMC 18.3,10.090.A. Ia allows for "Existing parcels without actequate buildable area less than or equal to 35 percent shall be considered builelable 'for one unit." Because of steepness of the property and the presence of slopes greater than 35%a Physical and Environmental Constraints Review Permit is required. In general staff is supportive of such an application provided it can be demonstrated that the Hillside standards are met. There are potential concerns about the proposal exceeding the a lloxved inaxinlUrn cut height and the applicant will need to prepare a cut fill exhibit to demonstrate mm", I'MRfm BMW= , m", qu�� collipliance. The application materials submitted For the preapplication are limited. A final application will be required to include: • Details on lot coverage • A slope analysis prepare(] in accordance with AMC 183,10.040K • An inventory of existing trees and tree protection plan • Landscape and irrigation plan • Grading and Erosion & Sediment control plan 710 Ashland Creek Dr. December 8, 2021 Page I Zoning: The property is zoned WR Nvhich has a maximum lot coverage of20%. The application materials do not indicate the amount of proposed lot coverage All grading, drainage improvements, or other land disturbances shall on/y occur from May I to October 31. Excavation shall not occur during the remaining wet months of the year. Erosion control measures shall be installed and functional by October 31, Street Plug: 'I'llere is an existing street plug at the end of Ashland Creek. Drive, At present it is unclear if that will need to be vacated or not. Staff feels confidant that Ashland Creek will not extend in the fUtUre but procedurally are not clear on what, if any steps need to be taken. Staff will follow up, but the applicant should be aware of this item and address it in their application materials. Mismatch scale of topography: The site plan on Page A- I has the topography in the wrong scale. This can be shown by comparing it to the map provided by Tcrrasurvey. The 18" Pine just past the flat area is shown to be 140' S/SW of the road termination, however on shect A-1 it is shown to be only 96' past the property line. The applicant should examine this and create cut fill analysis based on the proper scale and location of the proposed house. Undistui-bed Nattival State: The Development Standards for Hillside Lands also require that a portion of the lot remain in its undisturbed natural state as a function of the average slope of the property. The property has an average slope of 55.12 j f percent*. '11"'he code requires that average slope plus 25 is the percentage of the lot that must be retained in its na'tura'l state 00.12 percent), The final application site plan shall show that no more than 25,372 SCILlarC feet (19.88 percent of the lot) are disturbed. Building Envelope: The property is very steep with many areas identified as "Severely constrained land" (slopes greater than 35%). It appears that the proposed building envelope is designed and located to maximize z conservation oftrees. An inventory of all Yk trees 6"cibli or greater is required with the ✓ application — the inventory must identify species and approximate extent of tree canopy. Portions of the lot or protect area not proposed to be disturbed by developnictit. need not be included in the inventory, The '� For the pUrPOSeS of determining the area to remain in a natural state in Hillside Lands, average slope for a parcel of land or For in entire project is calculated before grading using the following formula. S = .00229(1)(L)/A, Nvherc "S" is the average percent of'slope; ".00229" is the conversion Factor for square feet; "I" is the contour interval in feet; "U' is the suniniation of length of the contour lines in scale feet; and "A" is the area of the J)areel or project in acres. Based on a 2 -foot corItOL11- City GIS shows that the summation of the lengths is 35,265.9 [e.g. S -0M229(2)(35,265.9)/2.93; S=55.12%] 7 10 Ashland Creek Dr. December 8, 2021 Pate 2 f survey must clearly identify trees to be removed and retained. Because the proposed building encroaches on lands identified as severely constrained a Geotech report will be required pursuant to AMC 18.3.10.110. Hillside Grading and Stormwater Management Due to the amount of excavation required for this development special attention should be given to 18.3.10.090.13 subpart 4-6 with regard to allowed out and fill. The materials submitted with the application do not provide sufficient detail to assess compliance with these standards. All facilities for the collection of storrnwater runoff shall be, to the greatest extent feasible, the first improvements constructed on the development site. While there is existing storm drain infrastructure in Ashland Creek Dr. the elevation differential may require that the stormwater be diverted to the existing natural drainage system to the south. Stormwater facilities shall be designed, constructed and maintained in a manner that will avoid erosion on-site and to adjacent and downstream properties. These shall be designed by a registered engineer or geotechnical expert and approved by the Public Works Department or Building Official. Tree Conservation, Protection and Removal. Additional attention to Tree protection and removal will be required for a successful application. The submitted plans indicate several trees to be retained that are too close to the building to be properly protected. A complete inventory of all trees greater than DBH is required, however portions of the lot or not to be disturbed by development need not be included in the inventory. All trees indicated on the inventory of existing trees shall also be identified as to their suitability for conservation. Significant conifer trees having a trunk 18 caliper inches or larger in diameter at breast height (DBI -1), and broadleaf trees having a trunk 12 caliper inches or larger in diameter at breast height (DBH), shall be protected and incorporated into the project design whenever possible. Tree removal would be considered both in terms of Tree Removal Permit requirements found in AMC 18.5.7, which regulates the removal of significant trees from the property, and more broadly in terms of the impacts of tree removal to the hillside lands as part of a Physical & Environmental Constraints Review Permit, which requires building design and site planning to be planned to preserve the maximum number of trees possible. A report from an arborist should be provided to address any tree removal permit request and should respond to the applicable criteria, and any hillside tree removals should also be addressed in terms of the Hillside Development Standards and by the geotechnical expert. All planning actions are required to include a tree preservation/protection plan; this is intended to ensure that trees on and near the property are protected during all site disturbance (including demolifion, consti•ttcfion, &ivewa),/pm-king installation, staging of niafei-ials, etc.). The trees identified to be preserved during the course of development shall be required to be protected in accordance with the tree protection standards in AMC 18.3.10.090.D4. Development Standards for Wildfire Lands (AMC 18.3.10.100) The property is located within the designated Wildfire Lands Overlay. As a result, a hire Prevention and Control Plan, prepared at the same scale as the development plans, addressing the General Fuel Modification Area requirements in AMC 18.3. 10. 100.13 is required with the application, Additionally, any new landscaping proposed is required to meet the General Fuel Modification Area standards and not include plants listed on the Prohibited flammable Plant List per Resolution 2018-028. 710 Ashland Creek Dr. December 8, 2021 Page 3 Gr'ad'ing: hillside design standards. From AMC 18.3.10.90.B.4: Tota[ cut slopes shall not exceed a maximum vertical height of 15 feet. Building Design: hillside design standards. From AMC 18.3.10.90.E.2: • 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. • Out buildings into hillsides to reduce effective visual bulk. o i. Split pad or stepped footings shall be incorporated into building design to allow the structure to more closely follow the slope. s�Na\U�a`G(ade 35 feet �e o ii. Reduce building mass by utilizing below grade rooms cut into the natural slope. • 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. • 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. • 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. • 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 • 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, Additional items to be addressed in a final planning application: A final planning application should address the wildfire fuel modification area and tree protection plan, including all proposed tree removals. The final planning application should address lot coverage including, any proposed walking paths, patios, and landings associated with the proposed house. Parlciug, Access, & Internal Circulation: "Three off-street parking spaces are required for a single- family residential serviced by a driveway more than 50 feet in length. Each parking space shall be required to operate independent (no stacked parking.) Grading and Et-osion Control: A grading plan including the location of all areas of land disturbance, itrcluding cuts, fills, driveways, building sites, and other construction areas is required. The total area of disturbance, total percentage of project site proposed for disturbance, and maxim€ rn depths and heights 710 AAJand Creek Dr. December 8, 2021 Page 4 of cuts and fill must be included. Ail erosion control plan must be submitted with the application. The erosion control measures are required to minimize the solids in run off from disturbed area as required Exposed cut slopes, such as those for yard areas, greater than seven feet in height are required to be terraced. Cut faces cannot exceed a maximum height of five feet. 'Terrace widths shall be a minimum of three feet to allow for the introduction of vegetation for erosion control. Total cut slopes shall not exceed a maximum vertical height of 15 feet. The grading plan, erosion control plan and retaining walls must be designed and stamped by an engineer with experience in geologic hazards evaluation and geotechnical engineering Storm Drainage: Storm drainage plan must be submitted with the application. Storm drainage facilities must direct surface water away from cut faces of fill slopes and be designed to avoid erosion on-site and to adjacent downstream properties. Planting and Irrigation Plan, A planting/irrigation plan is required to demonstrate the manner in which cut slope terraces and fill slopes will be revegetated. The vegetation used for these areas must be native or species similar in resource value, which will survive, help reduce the visual impact of the cut/fill slopes and assist in providing long-term slope stabilization. Tree Inventory & Evaluation: The tree survey must locate all trees greater than six inches d.bh. and identify the species of each tree and approximate extent of the tree canopy. Trees to be removed and in areas that will be disturbed must be clearly identified. The name, signature and address of the person preparing the tree survey must be indicated on the tree survey. The application must also address the suitability of trees for conservation and demonstrate that the trees to be preserved have been incorporated into the design. Trees to be removed, unless diseased, dead or a hazard must be replaced. A tree -replanting plan must be submitted with the application. Inspection Schedule: An inspection schedule for the geotechnical expert must be submitted with the application. The project geotechnical expert must provide a final report indicating that the approved grading, drainage and erosion control measures were installed as per the approved plans and all scheduled inspections were conducted throughout the project. A completed application will be required to include a geotechnical study with all of the items Iisted in AMC 18.3.10.110.D Inspections and Final Report: Prior to the certificate of occupancy for individual structures, the project geotechnical expert shall provide a final report indicating that the approved grading, drainage, and erosion control measures were installed as per the approved plans, and that all scheduled inspections, as per 18.3.10.090.A.4.j were conducted by the project geotechnical expert periodically throughout the project. Neighborhood OutreReh: Staff always recommends that applicants approach the affected neighbors, particularly those who are likely to receive notice of an application, in order to make thein aware of the proposal and to try to address any concerns that may arise as early in the process as possible. Notices are typically sent to neighboring property owners within a 200 -foot radius of the perimeter subject property. Written Findings/Burden of Proof: This pre -application conference is intended to highlight significant issues of concern to staff and bring them to the applicant's attention prior to their preparing a formal application submittal. Applicants should be aware that written findings addressing the ordinance and 710 Ashland Creek Dr. December 8, 2021 Page 5 applicable criteria are required, and are heavily (1cpencled on when granting approval for m p|ommiug action. III addition, the required plans are explained in writing below. The burden of proof is or the applicant(s)to ensure that al I applicable criteria are addressed in writing and that all required plarts, written f 111dings, and other materials are submitted cvou if those itonosvvero not discussed in specific, itemized detail during this initial pre -application conference. OTHER ORDINANCE REQUIREMENTS: See AMC 1'ab|:|8.2.5]B0.A.—Standards for (Jdma Residential Zones. The m�ectproperty is zoned WR An application for a Physical Constraints Review Permit is subject to the Type I procedure in section 1 &Ei,l 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 neat -by areas have been considered, and adverse impacts have been minimized. B. That the applicant has considered the potential haza:rds that the development may create and implemented measures tomitigate the potential hazards caused bythe deveinpnnemt. C. That the applicant has taken all reasonable steps to reduce the, adverse impact on the environment. |rraversUb|e actions shall be considered more seriously than reversible actions, The Staff Advisor orPlanning Commission shall consider the existing development ofthe surrounding area, and the maximum development permitted bythis ordinance. &mol all 18..�10,090mrelisted here&w X viidu allY/ A. General Requirements, The following general requirements shall apply in Hillside Lends, 1, BuilclableArea. A||deveiopnmentshaUoccuromUandsdefinedashavimgbm|Cdab|earua.56oues greater than 35,nercent sholl be considered unbuildoble exce.ot as allowed below. Exceptions may be granted to this requirement only as provided in sVbsecdoA. B. Hillside Grading and Erosion Control. All development on lands classified as Hillside shall provide plans conforming tothe following itemns. 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 filis shall conform to the International Building Code and be consistent with the provisions of this ordinance. Erosion control measures onthe development site shall herequired tuminimize the solids inrunoff from disturbed areas, Z Timing of Improvements. For development other than single family homes muindividual lots, all grading, drainage improvements, or other land disturbances shall only occur from Mo -y I to October 31-, Excavation shall not occur during the remaining wet months of the year, Erosion control measures shall be installed and functional by October 31 . Up to 30 day modifications to the October 31date, and 45day modification tuthe May 1 date may bemade bythe Planning Director, based upon weather conditions and inconsultation! with, the project geotechnica|experT. 7lOAshland Creek Dr. December 8,202l Page The modification of dates shall be the minimum necessary, based upon evidence provided by the applicant, to accompllish the necessary project goals. 18.3.10.110 Development Standards for Severe Constraint Lands A. Severe Constraint Lands are extremely sensitive to development, grading, filling, or vegetation removal and, whenever possible, alternative development should be considered, B. Development of floodways is not permitted except for bridges and road crossings. Such crossings shall be designed to pass the 100 -year flood without raising the upstream flood height more than six inches, C. Development on lands greater than 35 percent slope shalill meet all requirements of section 18.3.10,,090 Development Standards for Hillside Lands in addition to the requirements of this section. D. Development of land or approval for a planning action shall be allowed only when the following study has been accomplished. An engineering geologic study approved by the Public Works Director and' Planning Director establishes that the site is stable for the proposed use and development. The study shall include the following information. 1. Index map. 2. Project description to include location, topography, drainage, vegetation, discussion of previous work and discussion of field exploration methods. 3. Site geology, based on a surficial survey, to include site geologic maps, description of bedrock and surficial materials, including artificial fill, locations of any faults, folds, etc., and structural data including bedding, jointing and shear zones, soil depth, and soil structure. 4. Discussion of any off-site geologic conditions that may pose a potential hazard to the site, or that may be affected by on-site development. S. Suitability of site for proposed development from a geologic standpoint. 6. Specific recommendations for cut slope stability, seepage and drainage control, or other design criteria to mitigate geologic hazards. 7. If deemed necessary by the engineer or geologist to establish whether an area to be affected by the proposed development is stable, additional studies and supportive data shall include cross- sections showing subsurface structure, graphic logs with subsurface exploration, results of laboratory test and references. 8. Signature and registration number of the engineer and/or geologist, 9. Additional information or analyses as necessary to evaluate the site. 710 Ashland Creek Dr. December 8, 2021 Page 7 Loll: I IAMOIAWAI 3,04:1010 11KA0161 MI ivil"J"A", 0,11 1, BUILDING: No comments at this, time. Please contact the Building Division for any building codes - related qUeStiOLIS at 541-488-5305. CONSERVATION: For niore information oil available water conservation programs, including ally 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 � "I I � .�uhe,smith(n i mLis . For information oil 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,cunj ENGINEERING: At the eiid ofthis (locument. Please contact Karl Johnson of the Engineering Division for ally Public Works/Engineeri jig information at 541-552-2415 or via e-mail to FIRE: At the end ofthis (locumeni. Please contact Ralph Sartai it from the Fire Department for any Fire Department -related information at 541-552-2229 or via e-mail to 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 tip to and including the meter on domestic and commercial water lines. If a fire lilac is required, the water department will also only install a stub out to the location where the double detector check assembly 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 541-552-2326 or�,h with ally questions regarding water utilities. ELECTRIC SERVICE, "If existing set -vice needs to be Upgraded or existing underground service is not large enough, excavation and conduit may be re(lUired from transformer," Please contact Dave Tygersoll in the Electric Department for service requirements and connect fee information at (541) 552- 2389 or via c-niail to t a,isldqndmrms. Dave will arrange an on-site meeting, and develop a preliminary electrical service plan for the site. Please allow additional time to accommodate scheduling of this on-site meeting and preparing the preliminary plan. SUbtilittals will not be deemed complete Without a preliminary approved plan from the Electric Department 710 Ashland Creek Dr. December 8, 2021 Page 8 API)ICATION RE, QUIREMENTS Submittal Information, The application is required to include all of the following information, a. The information requested on the application form at aWand.orus/ :LiLeq/Zoninglq2.QPqrli[22it""/`,2OApp iqgLtLqLi.pdf b. Plans and exhibits required for the specific approvals sought (see below). c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail (see below). d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable. e. The required fee (see below). The Ashland Land Use Ordinance, which is Chapter 18 of the Municipal Code, is available on-line in its entirety at: 18 curreni'l)(ff 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: • Physical & Environmental Constraints: 18.3.10.050 • Development Standards for Hillside Lands: 18.3.10.090 • Development Standards, for Severe Constraint Lands: 18.3.10.110 Plans & Exhibits Reguired 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. • Physical & Environmental Constraints: 18.3.10.040 • Tree Preservation and Protection: 18.4.6.030, 18.3.10.090.D PLANNING APPLICATION FEES: P&E Constraints Permit $1,12U5 NOTE: Applications are accepted on a first come -first served basis. All applications received are reviewed and must be found to be complete before being processed or scheduled at a Planning Commission meeting. Applications will not be accepted without a complete application form signed by the applicant(s) and property owner(s), all required materials and full payment. Applications are reviewed for conipleteness in accordance with ORS 22T 178, For further information, please contact: December 8, 2021 Aaron Anderson, Associate Plannei- Date City of Ashland, Department of Community Development Phone: 541-552-2052 or c -mail: aaron.lfflldel-SM���)r, LIS --- . . ................ 710 Ashland Creek Dr, December 8, 2021 Page 9 Ashland Fire & Rescue 455 Siskiyou Boulevard Ashland, OR 97520 541.482.2770 Pre -Application Comments Date: 11/23/2021 Project Address: 710 Ashland Creek Drive Permit Number: PREAPP-2021-00299 Project Description: New Single -Family Dwelling Ashland Fire & Rescue Contact: Ralph Sartain 541-552-2229 t•alph.sartain@ashlatid.or.us Fire department comments are based upon the 2019 Oregon Fire Code as adopted by the Ashland Municipal Code, and Ashland Land Use Laws: Specific Comments: Residential Fire Sprinkler System Required — Due to steep access roads into the site, a residential fire sprinkler system shall serve as an acceptable means to mitigate the access deficiency (See specific section below). Wildfire Hazard Mitigation — The home is located in a wildfire hazard area and shall be built to Oregon Residential Specialty Code Section R327.4 requirements. General Comments: Addressing - Building numbers or addresses must be at least 4 inches tall, be of a color that is in contrast to its background and shall be plainly visible and legible from the street fronting the property. Additional directional signage may be necessary to guide emergency responders down a driveway, path or through a gate. All premises identification, street signs and building numbers, must be in place with temporary signs when construction begins and permanent signage prior to issuance of any occupancy. UFC 505 Fire Apparatus Access Approach -Tile 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 503.2.8 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". 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. 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 710 Ashtand Creek Dr. December 8, 2021 Page 10 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 Fire Hydrant Distance to Structures - Hydrant distance is measured fl -0111 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. Fire Hydrants Clearance - Hydrants must have 3 feet of clearance extending from tile 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 oil site plan when submitting for building permits. Fire Sprinkler System — If access to site exceeds 10 % the installation of a residential system will be required. The installation of a fire sprinkler system may be all 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. OFC 503. 1.1 Gates and Fences ---- Obstructions such as gates, fences, or any other item which NVOUld block or reduce the required fire apparatus access width must be shown our the plans and approved by Ashland Fire and Rescue. Wildfire Hazard Areas —(fin lands designated in the Wildfire Lands Overlay, a "Fuel Break" as defined in Ashland Municipal Code, section 18.3.10.100 is required. 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 consIrLICted 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 Vegetation — existing and intentionally planted vegetation is required to meet AMC 18.3. 10.10013(2) General Fuel Modification Area Standards. The Fire Wise landscaping brochure provides diagrams and examples of how to mect these requirements, www.ashlandfirewise.org. Contact Ashland Fire & Rescue Forestry Division for a fuel break inspection. Fire Season -- If work will be completed during fire season, check fire season fire prevention requirements found at www.aslilaiid.or.tis/fit-eseasoii. I"inal 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 -Vvith 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 becontacted at(541)552-2229oi-rdolii,( ,,���.!q�.ia! ,,.slfland.or,us, .... .... ... 710 Ashland Creek Dr. December 8, 2021 Page 11. Public Works Conditions of Approval 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 oil 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 nlay be submitted in B size (I 1x17). 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 (2406) 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. 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 in Ashland Creek Drive. 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 a 4 -in water main in Ashland Creek 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. Storni Drainage - The property is Currently served by an 8 -in storm sewer main in Ashland Creek Drive. City of Ashland Engineering Department must review an engineered storm drainage plan. Storm Water Facility Design Requirements All development or redevelopment that will create or replace 2,500 square feet or more of impervious surface (buildings, roads, parking lots, etc.) area that discharges to an MS4 (municipal separate storm sewer systems), must comply with the requirements of the DEQ MS4 General Permit phase 2. Applicant MUST follow the guidance and requirements set forth in the current Rogue Valley Storrnwater Quality Design Manual which can be found at the following website; https://www.rvss.tis/pilot.asp?pg=Stormwatei•DesigiiMaiiiial 710 Ashland Creek Dr. December 8, 2021 Page 12 All stormwater calculations, reports, drawings, etc. shall be submitted to the City of Ashland Engineering Department for review. 7. Erosion & Sediment Control - The following requirements shall be met: • All ground disturbances exceeding 2,500 square feet shall implement an Erosion and Sediment Control Plan (ESCP). • A 1200-C permit will be secured by the developer where required under the rules of the Oregon State DEQ. City of Ashland Engineering Department must receive a copy of this permit before any construction shall begin. • Erosion Prevention and Sediment control measures that meet the minimum standards set forth by the City of Ashland Public Works/Engineering Standard Drawing CD282 must be in place before any construction related to the project begins. • Pollution, track out, and sediment dumping into storm water are strictly prohibited per AMC 9.08.060. • Drainage from automotive use areas shall be limited to oil concentrations of 10 mg/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 18.4.3.080.8.5, including provisions to minimize adverse environmental and mlcrocltmattc impacts. 8. Driveway Access —No additional itnprovements/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-Builts - Where public improvements are required or completed, the developer shall submit to the City of Ashland, reproducible as -built drawings and an electronic file of all public improvements constructed during and in conjunction with this project. Field changes made during construction shall be drafted to the drawings in the same manner as the original plans with clear indication of all modifications (strike out old with new added beside). As -built drawings shall be submitted prior to final acceptance of the construction, initiating the one-year maintenance period. 11. Addresses — Any new addresses must be assigned by City of Ashland Engineering Department, 710 Ashland Creek Dr. December 8, 2021 Page 13 CITY OF Planning Division 51 520 Winburn Way, Ashland, OR AS LAN D 97 DESCRIPTION OF' PROJECT Project Description New single family dwelling PRE-APPLICATION CONFERENCE APPLICATION I i"'e Jvi I APPLICANT I Name Verity Construction LLC Address PO Box 1506 Phone 541-613-7866 E -Mail Um@vedtyconstructonlic.com City Medford Zip 97501 I PROPERTY OWNER I Name John Sidwell Address I DESCRIPTION OF PROPERTY Street Address 710 Ashland Creek Dr. Day Time Phone City Zip Assessors Map No. 391 E 391 El 7AA Tax Lot(s) 110 1 SUBMITTAL REQUIREMENTS To request a pre -application conference, submit this form with true scale PDF drawings to Plan ning(a) ashl and.or.us. The application will need to include plans addressing the application submission requirements including site and landscaping plans drawn to a standard scale and formatted to print to scale on paper no larger than 11 -inches by 17 -inches. 1. Completed Application, 2. Narrative - Provide a written description of proposal and request. (If in Historic District, provide pictures of existing structures, elevations of proposed structures and details of planned exterior design features and materials) 3. Site Plan - The site plan should contain all applicable elements in the Site Plan Checklist (see page 2) plus any other information pertinent to this proposal, The, site plan will be checked to insure all applicable information is included at the time the pre -application date is set. 4. Additional information - Provide in the narrative or with the site plan: 1) Number of acres in development 2) Total gross square footage of all structures 3) Number of stories on each structure 4) Indicate number of and square footage of: a) Dwelling Units (include the units by the number of bedrooms in each unit - e.g. 10 1 -bedroom, 25 2 -bedroom, etc) b) Office Spaces c) Retail Units d) Other Spaces 5) Percentage of lot coverage by: a) Structures e) Landscaping b) Streets & Roads f) Number of parking spaces c) Parking Areas/Driveways g) Total square footage of landscaped areas, d) Recreation Areas h) Other pertinent information of the proposed development 5. LEEDO Certification - Indicate whether project will be pursuing LEEDO certification. 6. Submittal Fee P9.2 of 5 PRE -APPLICATION SITE PLAN CHECKLIST PRE -APPLICATION BUILDING INFORMATION Please attempt to indicate the following (Note; if information is not known please leave blank) 1. Current Building Occupancy Type (select one): �Assembfy = More than 50 occupants Theaters, Restaurants, Nightclubs, Taverns and Bars, Community Halls, Art Galleries, Places of Worship, Arenas, Bleacher's, etc. E] Business = Less than 50 occupants Professional Service Office, Barber and Beauty Salons, Training and Skill Development not within a school or academic program, Bank, Print Shop, etc. Educational Schools K -12th Grade, Religious Educational Rooms and Auditoriums, Day Care Facilities ❑Facto (F- Occupancy's include, among others, the use of a building or structure or portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations that are not classified as Group H -Hazardous or Group S -Storage Occupancy's Pg.3 of 5 YES NO NIA 1. Project Name 2. Owner Name 3. Site Address and Map & Taxlot Number 4. Vicinity Map - with street names and locations of all existing and proposed streets within or on the boundary of the proposed development 5. Scale & North Arrow V/ 6. Lot Layout with approximate dimensions for all lot lines I/ 7, Zoning Designations in proposed development and surrounding properties 8. Location & Use of all ro osed and existing building, fences and structures 9. Indicate which buildings are to remain and which are to be removed 10. Location of all landscaped areas. Indicate existing trees, size, species, and approximate drip line outer branch location). Identify trees to be removed. ✓ 11. Location and size of all public utilities in and adjacent to the proposed development including water line and meter size, sewer lines, storm drain lines, nearest fire hydrant. 12. Locations of drainage ways or public utility easements in and adjacent to proposed development. 13. Location, size and use of all contem fated and existing public areas 14. Approximate topography (sloe of the site V 15. Location of all parking areas and individual and handicap parking spaces, ingress and egress on the site and on-site circulation 16. Use designation for the areas not covered by buildings (e.g. loading, storage, vacant, open space, etc. ✓ 17. Elevations of the building(s)r/ 18. Construction materials —wood frame, masonry, etc. (If project is in a Historic District provide pictures of existing structures and indicate proposed exterior materials for siding, windows, trim and roofing) r/ PRE -APPLICATION BUILDING INFORMATION Please attempt to indicate the following (Note; if information is not known please leave blank) 1. Current Building Occupancy Type (select one): �Assembfy = More than 50 occupants Theaters, Restaurants, Nightclubs, Taverns and Bars, Community Halls, Art Galleries, Places of Worship, Arenas, Bleacher's, etc. E] Business = Less than 50 occupants Professional Service Office, Barber and Beauty Salons, Training and Skill Development not within a school or academic program, Bank, Print Shop, etc. Educational Schools K -12th Grade, Religious Educational Rooms and Auditoriums, Day Care Facilities ❑Facto (F- Occupancy's include, among others, the use of a building or structure or portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations that are not classified as Group H -Hazardous or Group S -Storage Occupancy's Pg.3 of 5 ❑High Hazard H -Occupancy's includes, among others, the use of a structure, or a portion thereof, that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities allowed in control areas complying with section 414 of the Oregon Structural Specialty Code. ElInstitutional I-Occupancys includes, among others, the use of a building or structure or a portion thereof for more than 16 persons, excluding staff, who reside on a 24 hr. basis in a supervised environment and receive custodial care. Detoxification Facilities, Hospitals, Medical Care, Nursing Homes, Congregate Living Facilities, Social Rehabilitation Facilities, Assisted Living Facilities, Alcohol and Drug Centers, Correction Centers, Jails, Reformatories, Adult and Child Day Care Facilities. Mercantile Department Stores, Drug Stores, Markets, Motor Fuel -Dispensing Facilities, Retail or Wholesale Stores, Sales Rooms, Residential Single Family Residence, Hotels, Motels, Apartment Houses, Vacation Time Shares, Congregate Living Facilities (more than 16 occupants), Assisted Living Facilities (with or without a Memory Care Endorsement), Residential Treatment Facilities, etc. 2. Is a Change of Occupancy being requested? If yes, please indicate the proposed Occupancy Type: ❑ Assembly ❑ High Hazard ❑ Business ❑ Institutional ❑ Educational ❑ Mercantile ❑ Factory ❑ Residential 3. if Residential please indicate which type (select one): ❑ R-1 Occupancy Hotels (transient), Motels (transient), Boarding Houses (transient) with more than 10 occupants. ❑R-2 Occupancy Apartment Houses, Congregate Living Facilities (non -transient) with more than 16 occupants, Dormitories, Hotels (non -transient), Motels (non -transient), Vacation Time Share Properties, Boarding Houses (non -transient) with more than 16 occupants, etc. R-3 Occupancy Detached One and Two Family Dwellings and Townhouses, Adult Care Facilities (six or fewer persons of any age less than 24 hrs.), Adult Foster Homes as defined in ORS Chapter 443, or Family Child Care Homes located in a private residence as defined in the Oregon Structural Specialty Code section 310.2. Buildings that do not contain more than two dwelling units, Boarding Houses (non -transient), Child Care Facilities that provide accommodations for six or fewer persons of any age for less than 24 hrs., Congregate Living Facilities (non -transient) with 16 or fewer occupants, Lodging Houses, etc.) R-4 Occupancy This occupancy shall include buildings, structures or portions thereof for more than five but not more than 16 persons, excluding staff, who reside on a 24 -hr. basis in a supervised residential environment and receive custodial care, Congregate Living Facilities, Halfway Houses, Social Rehabilitation Facilities, Alcohol and Drug Centers Assisted Living Facilities (with or without a Memory Care Endorsement), Residential Care Facilities (with or without a Memory Care Endorsement), Residential Treatment Facilities, Group Homes and Facilities, etc.) PgA of 5 P 4. Type of Building Construction: Types I and 11 construction are those types of construction in which the building elements listed in Table 601 of the Oregon Structural Specialty Code are of noncombustible materials. Type Ill construction is that type of construction in which the exterior walls are of noncombustible materials and the interior building elements are of any material permitted by the Oregon Structural Specialty Code. Type 1V Construction (Heavy Timber) is that type of Construction in which the exterior walls are of noncombustible materials and the interior building elements are of solid or laminated wood without concealed spaces. Type V Construction is that type of construction in which the structural elements, exterior walls and interior walls are of any materials permitted by the Oregon Structural Specialty Code. ❑ Type I ❑ Type IV ❑ Type Il ❑ Type V ❑ Type III 5. Is the building equipped or proposed to be equipped with a Fire Protection System? (e.g., Fire Sprinklers or Fire Alarms) ❑ Yes ❑ No Any questions regarding the pre -application conference or the formal land use application submittal can be directed to the Ashland Planning Division at (541) 488.5305. The City of Ashland Land Use Code can be found online at www.ashland.or.uslcode.asp by clicking on Chapter 18 and selecting the desired section. Pg.5 of 5 General Notes 7w- 12 Zo ZE I lnrlll:��Z,2i�vl:f . ... ... . ............ ... . .... ...... .. ..... . .. . ........... . ............... . ...... ... ...... . . . ..... EL ��r- ul QU� Z? z© z z � og �Q �8 IST FLUOR FLAN X14 yr • rr,..a ... 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V 6R—N D �A161 i a , ! o 2 x J J 3 j N STAt P FlIFF Am 4m, City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520 Telephone: 541-488-5305 Inspection Line: 541-552-2080 Plan Type: Pre -Application Review Work Class: Pre -Application Review PREAPP-2021-00299 Apply Date: 11/12/2021 r°'-..v;;^�.�ur�,. �?:::5,-_="�""�'�� �� . ._ '�"�, � �`y."w-�-.W�.r":.=.� ; ^''....1''Srr���.F' yrr-- 3,,,.W_:-� J...:,. ,..�.#':f� , � _ -✓ ������%.�', s�,�....,�/'?,-'-^��-w 391 E17AA1101 710 Ashland Creek Dr Applicant: Date: �.e $200.00 Owner: John Sidwell Applicant: Verity Construction LLC Owner 18000 Redwood Dr Applicant Po Box 1057 Address: Los Gatos, CA 95033 Address: Medford, OR 97501 Phone: (650) 868-2883 Phone: (541) 326-7242 PreApp Conferenace 12108 Spm. P & E for new SFR Fee Description: Amount: Pre -Application Fee 1 $200.00 Applicant: Date: �.e $200.00