ASHLAND PLANNING DEPARTMENT PRE-APPLICATION CONFERENCE COMMENT SHEET. October 19, 2016

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1 The comments of this pre-application are preliminary in nature and subject to change based upon the submittal of additional or different information. The Planning Commission or City Council are the final decision making authority of the City, and are not bound by the comments made by the Staff as part of this pre-application. ASHLAND PLANNING DEPARTMENT PRE-APPLICATION CONFERENCE COMMENT SHEET SITE: 143 Hitt Road APPLICANT: Dennis Greenbaum REQUEST: Physical & Environmental Constraints Review Permit (Hillside & Severe Constraints); Tree Removal Permit; Exception (Development Standards for Hillside) PLANNING STAFF COMMENTS: 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. The subject property is located off Hitt Road. Hitt Road is an improved city street in this location. The lot is vacant and approximately 0.52 acres, or 22,692 square feet. The zoning is RR-0.5, Rural Residential with a minimum lot size of 21,780 square feet. The development requires a Physical and Environmental Constraints Review Permit for hillside development because the proposed single-family residence will be constructed on slopes 25% and greater. The application will need to address the Development Standards for Hillside Lands including meeting the geotechnical design of cuts, fill and storm drainage, tree protection, and building location and design standards. Section addresses Development Standards for Hillside Lands. Summary: Staff identified several issues in reviewing the proposal to construct a single family residence on the subject property, they are as follows: Generally: Staff is supportive of the development of the site provided that the requirements of the subdivision and zoning district and the hillside development standards can be satisfactorily addressed. Original Subdivision Approval: Fire sprinkler were required to be installed in all homes within the subdivision based on the original subdivision approval, and sidewalks and street trees along the street frontage were required to be installed prior to issuance of the Certificate of Occupancy. The applicant may wish to review the subdivision file for conditions which directly or indirectly relate to development of the lot through the original subdivision approval. Hillside Lands Development Standards: In addition to the approval criteria for a Physical & Environmental Constraints Review (P&E) permit, the application and plan drawings must demonstrate compliance with the Development Standards for Hillside Lands found in AMC These standards outline requirements for geotechnical studies, grading, erosion control, drainage, tree conservation and building design. Page 1

2 Slope Analysis: A slope analysis is required to be provided with the planning application submittal. The slope analysis should graphically illustrate all areas on the property by slope category (see AMC K). If it is determined that development is occurring on lands with slopes of 35 percent or greater then, the application is subject to the requirements for Severe Constraints as well as the standard requirements for Hillside Lands. Driveway Location and Grade: The driveway design requires a Physical and Environmental Constraints Permit because portions of the driveway cross slopes 25% and greater. In addition, AMC D.8 requires the finished grade of driveways to be 20% or less. The driveway plans must be designed by a geotechnical expert and submitted with the application, or, another Physical and Environmental Constraints Permit will be required prior to construction for the driveway design. Building and Design Standards: The home does not comply with the required design standards listed in AMC E. The north elevation has vertical walls greater than 20 feet. AMC E.2 provides for design standards to reduce hillside disturbance through the use of slope responsive design techniques, and buildings shall incorporate hillside design features into the building design that reduces effective visual bulk of homes by stepping the foundation more into the hillside with split pads and stepped footings and below grade rooms. Unless substantial reasoning is provided demonstrating an exception to these standards is essential to development, staff cannot support the requested exceptions, and the home would need to comply with the aforementioned standards. Hillside Grading and Erosion: All grading, drainage, retaining walls, and erosion control plans for development on Hillside Lands are required to be designed by a geotechnical expert. A preconstruction meeting is required with the general contractor, geo-technical engineer, landscape contractor, architect, and other persons associated with the project prior to any development or excavation. Erosion control measures must be installed and inspected prior to any development or excavation. In accordance with AMC B.4.b, cut slopes greater than seven feet in height are required to be terraced. Terraces cannot exceed five feet in height with a minimum three foot width in order to incorporate vegetation for the purposes of erosion control on disturbed areas. Formal application would need to clearly indicate the wall height of all walls and show re-vegetation on the landscape plan. Tree Removal: The Hillside Lands Development Standards require building envelopes to be designed to maximize tree conservation. In addition, the trees identified for removal appear to be located primarily on slopes 25% and greater. The application will need to clearly address the need to remove the trees. Tree protection measures are required for trees impacted by site disturbance and construction, see for more information. If the applicant moves forward with a Physical & Environmental Constraints Review Permit, the application will be reviewed by the Tree Commission. Please identify with bright colored tape which trees are proposed for removal so that Tree Commissioners can easily identify the trees. Fire Prevention & Control Plan: The subject property is within the Wildfire Zone. AMC B lists required fuel breaks and acceptable roofing materials. These requirements will need to be addressed in the application. The applicant is highly encouraged to discuss these situations with the Fire Marshal, Margueritte Hickman ( ). Page 2

3 Other Issues: Engineered Plans: Ashland Municipal Code B requires the foundation and all grading, retaining wall design, storm drainage, and erosion control plans for development on Hillside Lands are required to be designed by a geotechnical expert/engineer, in addition to conforming to the Building Code and being consistent with the provisions of this the Physical and Environmental Constraints Chapter. A pre-construction meeting on site will be required with the general contractor, geo-technical engineer, landscape contractor, architect, and other pertinent persons associated with the project prior to any development or excavation. Erosion control measures and tree protection must be installed and inspected prior to any development or excavation. Grading Plan - Retaining/Cuts & Fills: A grading plan including the location of all areas of land disturbance, including cuts and fills is required. The total area of disturbance, total percentage of project site proposed for disturbance, and maximum depths and heights of cuts and fill must be included. Erosion Control Plan: An erosion control plan must be submitted with the application. Temporary and permanent erosion control must be addressed. The erosion control measures are required to minimize the solids in run-off from disturbed area as required in the standards in AMC B. Stormwater Plan: All storm water drainage plans would need to be designed in accordance with AMC C. Grading Cuts: Cut slopes for structure foundations which reduce the effective visual bulk, such as split pad or stepped footings, shall be exempted from the height limitations of this section. See Figure B.c. Retaining Wall(s): According to AMC B.4.b, cut slopes greater than seven feet in height are required to be terraced. Terraces cannot exceed five feet in height with a three foot width. Retaining walls greater than seven feet in height would require an Administrative Variance from the Development Standards for Hillside Lands. Grading Fill: Grading shall be minimized in order to accommodate the structure and a reasonable yard area. Pads for swimming pools are discouraged. As much of the remaining lot area as possible should be kept in the natural state of the original slope. An administrative exception to the design standards may be necessary if the building is not able to be stepped into the slope (AMC B.8). Exceptions to the Development Standards are addressed in AMC H. Lot Coverage: As described in AMC A, the maximum lot coverage for the RR-0.5 zone is 20%. Lot coverage is defined as, the total area of a lot covered by buildings, parking areas, driveways, and other solid surfaces that will not allow natural water infiltration to the soil. Please indicate lot coverage calculations on the site plan map and address in written findings. Landscape Plan/Re-Vegetation: A landscaping and irrigation plan for re-vegetation of cut and fill slopes in accordance with AMC B.7 will need to be included with the submittal (The vegetation used for these areas must be native or species similar in resource value, which will survive, help reduce the visual impact of the cut/fill slopes and assist in providing long-term slope stabilization. For more details, see requirements in AMC B.7). The landscaping and irrigation per the Page 3

4 approved plans are required to be installed prior to issuance of the Certificate of Occupancy for the residence. Solar Setback: According to city information, the lot maybe exempt from meeting Solar Access (AMC B.2). Any lot with a slope of greater than 30 percent in a northerly direction, as defined by this ordinance, shall be exempt from the setback standards in section Please provide a site plan map and written findings demonstrating compliance with this section. Neighborhood Outreach: Projects involving changes to established neighborhood patterns can be a concern for neighbors. Staff recommends that applicants approach any affected neighbors, make them aware of the proposal and try to address any concerns as early in the process as possible. When an application is deemed complete, notices are typically sent to neighbors within a 200-foot radius of the property. Written Findings/Burden of Proof: This pre-application conference is intended to highlight significant issues of concern to staff and bring them to the applicant s attention prior to their preparing a formal application submittal. Written findings addressing the ordinance and applicable criteria are required, and are heavily depended on when granting approval for a planning action. In addition, the required plans are explained in writing below. Once again, the burden of proof is on the applicant(s) to ensure that all applicable criteria are addressed in writing and that all required plans, written findings, and other materials are submitted even if those items were not discussed in specific, itemized detail during this initial pre-application conference. ******************************************************************************************** UNDERLYING ZONE PROVISIONS ( ) Zoning: RR-.5 (Rural Residential). Maximum Building Height: 35 feet or 2 ½ stories, whichever is less; except the height of agricultural structures is not limited, when the structure is placed 50 feet or more from all property lines. Standard Yard Requirements: Front yard 20 feet; Side Yard 6 feet, except 10 feet when abutting a corner street/alley Side; Rear Yard 10 feet for Single-Story, for Multi-Story is 10 feet per building story. Solar Access: Properties may shade the property to their north no more than would a six-foot fence constructed on the north property line. Lot Coverage: 20 percent maximum. All areas other than natural landscaping, which allow the normal infiltration of water into the soil, are considered coverage. Please identify all existing and proposed lot coverage on a site plan and in the text of your application. Landscaping Requirements: Not Applicable. Parking, Access & Circulation: As detailed in ************************************************************************************ OTHER DEPARTMENTS COMMENTS Page 4

5 BUILDING DEPARTMENT: No comment at this time. Please contact the Building Division for any code-related information at PUBLIC WORKS/ENGINEERING DEPARTMENT: See attached comments. For more information please contact Karl Johnson of the Engineering Division for any information at or via e- mail to WATER AND SEWER DEPARTMENT: See attached comments. Please Contact Steve Walker at or ( walkers@ashland.or.us ) with any questions regarding water utilities. ELECTRIC DEPARTMENT: No comment at this time. Please contact Dave Tygerson in the Electric Department for any electrical service requirements or fee information at or via to dave.tygerson@ashland.or.us. FIRE DEPARTMENT: See attached comments. Please contact Fire Marshall Margueritte Hickman at or via to margueritte.hickman@ashland.or.us for information of Fire Department requirements. CONSERVATION DEPARTMENT: No comment at this time. For 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 or via to julie.smitherman@ashland.or.us. For information on any financial or technical assistance available for the construction of Earth Advantage/Energy Star buildings, please contact Conservation Analyst/Inspector Dan Cunningham at or via to dan.cunningham@ashland.or.us. ************************************************************************************ IMPORTANT INFORMATION REGARDING APPLICATION SUBMITTAL REQUIREMENTS Application Requirements: Type I, Administrative Decision subject to appeal for a hearing before the Planning Commission Type I Procedure (Administrative Decision and Notice) Type I decisions are made by the Staff Advisor, following public notice and a public comment period. Type I decisions provide an opportunity for appeal to the Planning Commission. A. Application Requirements. Type I decisions are made by the Staff Advisor, following public notice and a public comment period. Type I decisions provide an opportunity for appeal to the Planning Commission. A. Application Requirements. 1. Application Form and Fee. Applications for Type I review shall be made on forms provided by the Staff Advisor. One or more property owners of the property for which the planning action is requested, and their authorized agent, as applicable, must sign the application. The application shall not be considered complete unless the appropriate application fee accompanies it. 2. Submittal Information. The application shall include all of the following information. a. The information requested on the application form. Page 5

6 b. Plans and exhibits required for the specific approvals sought. c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail. d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable. e. The required fee. PLAN & EXHIBIT REQUIREMENTS: Two (2) copies of the plans below on paper no larger than 11"x 17. Note: These copies may be used for the Planning Commission packets and for the notices mailed to neighbors - please submit clear, readable, reproducible copies. Two (2) Copies of the materials required for a Physical Constraints Review Permit as detailed in chapter An application for a Physical Constraints Review Permit shall be submitted by the owner of the subject property or authorized agent on a form prescribed by the City and accompanied by the required filing fee. The application shall include a plan or drawing meeting the requirements below. A. Project name. B. Vicinity map. C. Scale (the scale shall be at least one inch equals 50 feet or larger) utilizing the largest scale that fits on 22-inch by 34-inch paper. Multiple plans or layers shall be prepared at the same scale, excluding detail drawings. The Staff Advisor may authorize different scales and plan sheet sizes for projects, provided the plans provide sufficient information to clearly identify and evaluate the application request. D. North arrow. E. Date. F. Street names and locations of all existing and proposed streets within or on the boundary of the proposed development. G. Lot layout with dimensions for all lot lines. H. Location and use of all proposed and existing buildings, fences, and structures within the proposed development. Indicate which buildings are to remain and which are to be removed. I. Location and size of all public utilities affected by the proposed development. J. Location of drainage ways or public utility easements in and adjacent to the proposed development, and location of all other easements. K. Topographic map of the site at a contour interval of not less than two feet nor greater than five feet. The topographic map shall also include a slope analysis, indicating buildable areas, as shown in Figure K. Page 6

7 L. Location of all parking areas and spaces, ingress and egress on the site, and on-site circulation M. Accurate locations of all existing natural features including, but not limited to, all trees as required in D.1, including those of a caliper equal to or greater than six inches in diameter at breast height (DBH), native shrub masses with a diameter of ten feet or greater, natural drainage, swales, wetlands, ponds, springs, or creeks on the site, and outcroppings of rocks, boulders, etc. Natural features on adjacent properties potentially impacted by the proposed development shall also be included, such as trees with drip-lines extending across property lines. In forested areas, it is necessary to identify only those trees that will be affected or removed by the proposed development. Indicate any contemplated modifications to a natural feature, including trees, method of erosion control, water runoff control, and proposed tree protection for the development as required by this chapter. N. Building envelopes for all existing and proposed new parcels that contain only buildable area, as defined by this chapter. O. Location of all irrigation canals and major irrigation lines. P. Location of all areas of land disturbance, including cuts, fills, driveways, building sites, and other construction areas. Indicate total area of disturbance, total percentage of project site proposed for disturbance, and maximum depths and heights of cuts and fill. Q. Location for storage or disposal of all excess materials resulting from cuts associated with the proposed development. R. Applicant name, firm preparing plans, person responsible for plan preparation, and plan preparation dates shall be indicated on all plans. S. Proposed timeline for development based on estimated date of approval, including completion dates for specific tasks. T. Additional plans and studies as required in sections , , and of this chapter. RELEVANT CRITERIA AND STANDARDS: Applicants are advised that in addition to required plans, written findings addressing how the ordinance criteria are satisfied in narrative format are required. The applicable criteria are included below. The Ashland Land Use Ordinance in its entirety may be accessed on-line at: Page 7

8 Two (2) Copies of written findings addressing the approval criteria for a Physical Constraints Review Permit as detailed in chapter A Physical Constraints Review 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. 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. Two (2) Copies of written findings addressing the submission requirements for Tree Protection as detailed in chapter Approval of a Type 1 application is dependent on 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. Tree Protection Plan. A tree protection plan shall be approved by the Staff Advisor concurrent with applications for Type I, Type II, and Type III planning actions. If tree removal is proposed, a Tree Removal Permit pursuant to chapter may be required. B. Tree Protection Plan Submission Requirements. In order to obtain approval of a tree protection plan; an applicant shall submit a plan to the City, which clearly depicts all trees to be preserved and/or removed on the site. The plan must be drawn to scale and include the following. 1. Location, species, and diameter of each tree on site and within 15 feet of the site. 2. Location of the drip line of each tree. 3. An inventory of the health and hazard of each tree on site, and recommendations for treatment for each tree. 4. Location of existing and proposed roads, water, sanitary and storm sewer, irrigation, and other utility lines/facilities and easements. 5. Location of dry wells, drain lines and soakage trenches. 6. Location of proposed and existing structures. 7. Grade change or cut and fill during or after construction. 8. Existing and proposed impervious surfaces. 9. Identification of a contact person and/or arborist who will be responsible for implementing and maintaining the approved tree protection plan. 10. Location and type of tree protection measures to be installed per section C. C. Tree Protection Measures Required. Page 8

9 1. Chain link fencing, a minimum of six feet tall with steel posts placed no farther than ten feet apart, shall be installed at the edge of the tree protection zone or dripline, whichever is greater, and at the boundary of any open space tracts, riparian areas, or conservation easements that abut the parcel being developed. 2. The fencing shall be flush with the initial undisturbed grade. 3. Approved signs shall be attached to the chain link fencing stating that inside the fencing is a tree protection zone, not to be disturbed unless prior approval has been obtained from the Staff Advisor for the project. 4. No construction activity shall occur within the tree protection zone, including, but not limited to dumping or storage of materials such as building supplies, soil, waste items, equipment, or parked vehicles. 5. The tree protection zone shall remain free of chemically injurious materials and liquids such as paints, thinners, cleaning solutions, petroleum products, concrete or dry wall excess, and construction debris or run-off. 6. No excavation, trenching, grading, root pruning, or other activity shall occur within the tree protection zone unless approved by the Staff Advisor. 7. Except as otherwise determined by the Staff Advisor, all required tree protection measures set forth in this section shall be instituted prior to any development activities, including, but not limited to clearing, grading, excavation, or demolition work, and shall be removed only after completion of all construction activity, including landscaping and irrigation installation. D. Inspection. The applicant shall not proceed with any construction activity, except installation of erosion control measures, until the City has inspected and approved the installation of the required tree protection measures and a building and/or grading permit has been issued by the City. UPCOMING APPLICATION DEADLINES: FEES: Not Applicable Physical and Environmental Constraints Review Permit (Type I): $1, *NOTES: o 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. o Applications are reviewed for completeness in accordance with ORS o All applications received are reviewed by staff, and must be found to be complete before being processed. For further information, please contact: Mark Schexnayder, Assistant Planner Date City of Ashland, Department of Community Development Phone: or mark.schexnayder@ashland.or.us Page 9