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HomeMy WebLinkAboutTolmanCreek_1405_PA-2013-00036 i f ,IL P.O. lox 467 1.535®1529 104 W. VaUepView Rd. W rite: Pax: 541A835~4108 T nt 97840-0467 www.taloxttid.org : tid@talentid.org CERT CATION ® 92.090 (6) April 9, 2013 City of Ashland Planning Department. 20 9 Main St Ashland, 97520 39-1 -23DA, Tax Lot.400 Planning Action 42013-00036 Land Partition The Talent Irrigation District, hereinafter referred to as District, hereby certifies that the land described. as Township 39 South, Range I East, Section 23B,A., Tax Lot 400, located -at 1405 Tolman Creels Road is located within, the boundaries of the District.' This tract of land, as set forth herein, are eligible for Talent Irrigation District water, and are subject to the statutory powers, rules and regulations of the District, Bureau of Reclamation and the State of Oregon Water Resources Department. The developer has Provided for a 10' wide private irrigation easement off, of the District's Bellview Pipeline to supply irrigation water to each of the three lots created by this Land Partition. With consideration of all of the above, TID finds that our concerns have been met. AVW A 2013 J" Pendleton, Secxetary/Manager Date TFf i CITY F -ASHLAND February 28, 2013 Andrew Gibson 211 Front St. Talent, OR 97540 RE: Planning Action #2013-00036 Notice of Final Decision On February 28, 2013 the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: A Minor Land Partition to divide the property located at 1405 Tolman Creek into three separate parcels. Proposed parcel 1 will be 10,877 square feet; proposed parcel 2 will become 10,870 square feet; while proposed parcel 3 will be 10,859 square feet. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 IE 12BA TAX LOT: 400 The Staff Advisor's decision becomes final and is effective on the 13`h day after the Notice of Final Decision is mailed. Prior to the final decision date, anyone who was mailed this Notice Of Final Decision may request a reconsideration of the action by the Staff Advisor as set forth in the Ashland Land Use Ordinance (ALUO) 18.108.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO 18.108.070(B)(2)(c). An appeal may not be made directly to the Land Use Board of Appeals. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to 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. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at no cost 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. If you have any questions regarding this decision, please contact the Community Development i Department between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305. i cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 E www.ashland.or.us ASHLAND PLANNING DIVISION FINDINGS & ORDERS PL G ACTION: 2013-00036 SUBJECT PROPERTY. 1405 Tolman Creek APPLICANT: Andrew Gibson / Suncrest Homes DESCRIPTION: A request fora Minor Land Partition to divide the property located at 1405 Tolman Creek into three separate parcels. Proposed parcel 1 will be 10,877 square feet; proposed parcel 2 will become 10,870 square feet; while proposed parcel 3 will be 10,859 square feet. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 lE 23BA TAX-LOT: 400 SUBMITTAL DATE: January 10, 2013 DEEMED COMPLETE DATE: January 29; 2013 STAF'F APPROVAL DATE: February.27, 2013 ' APPEAL DEADLINE DATE March 11, 2013 FINAL- DECISION DATE: Marchl2, 2013 APPROVAL EXPIRATION DATE: March 12, 2014 DECISION The subject property is located on the west side of Tolman Creek Road, just north of the newly installed Blue Sky Lane. The property is 34,650 square feet, zoned R-1-7.5, and slopes to the north- northeast at approximately five percent. The property is completely void of structure and trees. with the exception of the far northeast corner, in which four small Pine trees are grouped together along the north boundary line. The adjacent parcels to the west and south were recently subdivided into the Tolman Meadows subdivision (PA-2011-00738). The application is to divide the subject parcel (Tax Lot 400) into three tax lots consisting of 10,877 square feet (Parcel #1); 10,870 square feet (Parcel #2); and 10,859 square feet (Parcel 43). All proposed parcels are rectangular shaped with the narrower dimension fronting onto Blue Sky Lane. The proposed partition is somewhat unique in that Blue Sky Lane and the subsequent services has already been installed to serve the new lots. Blue Sky is 32-feet wide and fully developed to City standards with curbs, sidewalks, and a bio-swale park-row that will filter storm drainage for the entire subdivision. An 8-inch water main is available within the Blue Sky right-of-way with stub-outs already installed to serve the proposed parcels. An 8-inch sanitary sewer main is also within Blue.Sky with two 4-inch sanitary sewer stubs to serve proposed parcels 1 and 2; while a 4-inch sanitary sewer main is, within Tolman Creek, with a 4-inch sanitary sewer already stubbed-out to serve proposed parcel 3. Hamilton Creek'runs along the east side of Tolman Creek Road in the property's vicinity, and its identified floodplain comes onto the eastern portions of the property. In response to the staff s concerns regarding the floodplain, the applicant hired an engineering firm to conduct a flood. PA # 2013-00036. 1405 Tolman Creek RUMP Page 1 study on the property, and determined that the subject property is 15 feet above the computed 100-year flood elevation. Therefore, the applicant is moving forward with a LOMA application to adjust the floodplain off the subject property. Hamilton Creek is identified as a Local Stream, which has a water resource protection zone that extends 40 feet upland. of its centerline of the creek. Preliminary plat indicates that the protection zone is well beyond the subject property, therefore no Physical and Environmental Constraints (P&E) Permit or Water Resources Permit is needed. With minimum lot size of 7,500 square feet, four lots could be created instead of three. However, given that the proposed lots are over-sized for the district, additional density can be accommodated through accessory residential units over the long-term. Therefore, staff feels that the future purposes of the lot will not be impeded from future development. The subject parcel is the only lot between the recently developed Tolman. Meadows subdivision and Tolman Creek Road; therefore, the .proposed partition will not impede any adjoining properties from developing. Therefore, the proposed Minor Land Partition complies with the minimum requirements in accordance with 18.76, and hereby approved. The criteria for a Minor Land Partition are described in AMC Chapter 18.76, as follows: A. The future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be impeded. C. The tract of land has not been partitioned for 12 months. D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the land. E. The partitioning is in accordance with the design and street standards contained in the Chapter 18.88, Performance Standards Options. (Ord 2836 S8, 1999) F. When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and specified by City documents, for water, sanitary sewers, storm sewer, and electricity. G. When there exists a 20 foot wide access along the entire street frontage of the parcel.to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan. Such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of the street shall, be 20- feet with all work done under permit of the Public Works Department. 1. The Public Works Director may allow an unpaved street for access for a minor land partition when all of the following conditions exist: a. The unpaved street is at least 20 feet.wide to the nearest fully improved collector or arterial street. i PA # 2013-00036 1405 Tolman Creek Rd./W Page 2 b. The centerline grade on any portion of the unpaved street does not exceed ten percent: 2. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost offull street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs , thereof. Full street improvements shall include paving, curb, gutter, sidewalks and the under grounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then. the application shall be denied. H. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. (amended Ord. 2757, 1995) The application with the attached conditions complies with all applicable City ordinances, Planning Action 2013-00036 is approved with the following conditions. Further, if any one or more of the following conditions are_ found to be invalid for any reason whatsoever, then Planning Action 2013-00036 is denied. The following are the conditions and they are attached to the approval: 1. All proposals of the applicant shall be,conditions of approval unless otherwise modified here. 2. That a final survey plat shall be submitted within 12 months and approved by the City of Ashland within 18 months of this approval. 3. All easements for street dedication, public and private utilities, fire apparatus access, and reciprocal utility, maintenance, and access shall be indicated on the final survey plat as required by the Ashland Engineering Division. 4. That a final utility plan for the parcels shall be submitted for review and approval by the Planning, Engineering, and Building Divisions prior to signature of the final survey plat; in addition to paying any applicable fees for.the installation of said utilities. The utility plan shall include the location of connections to all public facilities including the locations of water lines and meter sizes; fire hydrants, sanitary sewer lines, storm drain lines and electric services. 5. The requirements of the Ashland Fire Department, including addressing and. hydrant flow testing, shall be complied with prior to issuance of the building permit. 6.. That the Driveway locations support on-street parking consistent with Blue Sky Lane approval (PA-2011-00738), and be separated a minimum of 24 feet from adjacent driveways, including aprons. 2 2 2 7 t a t PA # 2013-00036 1405 Tolman Creek Rd./MP Page 3 AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On February 23, 2013 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on.the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2013-00036, 1405 Tolman Creek Rd. Signature of Employee Gkomm-devlplanningTorms & Handouts\Affidavit of Mailing-Planning Action Notice.doc Planning Department, 51 WinL-. , Way, Ashland, Oregon 97520 CITY F l( 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: 2013-00036 SUBJECT PROPERTY: 1405 Tolman Creek APPLICANT: Andrew Gibson / Suncrest Homes DESCRIPTION: A request for a Minor Land Partition to divide the property located at 1405 Tolman Creek into three separate parcels. Proposed parcel 1 will be 10,877 square feet; proposed parcel 2 will become 10,870 square feet; while proposed parcel 3 will be 10,859 square feet. COMPREHENSIVE PLAN DESIGNATION: Single- Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 391 E 12BA TAX LOT: 400 NOTICE OF COMPLETE APPLICATION: January 29, 2013 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: February 11, 2013 jSUBJECT PROPERTY: 1405 Tolman Creek Rd. [39 1 E 23BA 400 - - ry - € -1 1400 Lz- f L,UE S3 KY r ,P, N Property lines are for reference only, nat -1-ble 012.5?5 50 Feet The Ashland Planning Division Staff has received a complete application' for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property, submitting application which allows for a 14 day comment period. After the comment period and riot 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 18.108.040) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2013\PA-2013-00036.doex AFFIDAVIT O MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On January 29, 2013 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2013-00036, 1405 Tolman Creek. Signature of Employee i i G:lcomm-devlolanninglTemplateslTEMPLATE-Affidavit of Mailing-Planning Action Notice.dot V28/2013 i PA-2013-00036 391 E23BA 202 PA-2013-00036 391 E23BA 2100 PA-2013-00036 391 E23BA 100 BARTELLO JACK AND DEBORAH BECICH JOAN N BROMBACHER ZACHARY B BARTEL ET AL 1450`TOLMAN CR RD 1370 TOLMAN CREEK RD 1355 TOLMAN CREEK RD ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00036 391 E23BA 800 PA-2013-00036 391 E23BA 400 PA-2013-00036 391 E23BA 101 CIAMAICHELO MARIA TRUSTEE FACEY GRETCHEN TRUST ET AL HANSEN RICHARD CARL 2375 GREENMEADOWS WAY 211 N FRONT ST 1390 TOLMAN CREEK RD ASHLAND OR 97520 TALENT OR 97540 ASHLAND OR 97520 PA-2013-00036 391 E23BA 308 PA-2013-00036 391 E23BA 900 PA-2013-00036 391 E23BA 600 MALIBAR GROUP LLC NELSON-MUNSON ORR DEBBIE RETIREMENT PLAN FBO.RO PAMELA/BRIAN K 2395 GREENMEADOWS WAY 1405 TOLMAN CREEK RD S 2365 GREENMEADOWS WAY ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00036 391 E23BA 500 PA-2013-00036 391 E23BA 104 PA-2013-00036 391 E23BA 201 PEREIRA MICHELE H THOMAS R REZEK RONALD 1114 DISCOVERY TRUSTEE USTEE ET ET AL 709 WASHINGTON ST YREKA CA 96097 140.0 TOLMAN CREEK RD ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00036 391 E23BA 103 PA-2013-00036 391 E23BA 307 PA-2013-00036 391 E23BA 314 STRUHS BERNICE T TRSTEE TALBOTT PAMELA TRUSTEE VOELLER ESTELLE H 1378 TOLMAN CREEK RD 17614 TUNNEL HILL RD 3784 COLEMAN CREEK RD ASHLAND OR 97520 LAKEVIEW OR 97630 MEDFORD OR 97501 PA-2013-00036 391 E23BA 700 PA-2013-00036 PA-2013-00036 WILSON GORDON B TRUSTEE Suncrest Homes LLC Andrew Gibson 2385 GREEN MEADOW WAY PO Box 1313 211 Front St ASHLAND OR 97520 Talent OR 97540 Talent OR 97540 PA-2013-00036 19 Shawn Kampmann PO Box 459 1405 Tolman Cr Ashland OR 97520 1-29-13 i i - r P80ev TDG~4 v -caI C rd Pt i'i ii;•'-i i l un:~ i ~ II p ~k inY ~ i`i~~lletill1lis~.~I~111~(i[) - ~ Ji,l li, 120:= 3$UAR i,.331mR. ➢11 _31 1 fI17u..._.... S{W S.1W} aILJ 33UI aaaa aooa auo2. I~uu F _orri 11 i f ia1WJ ice 2500 Isom 4w ;auui a3uo P I;r < . Onlitlr_. xlou! 1 asnsarnmawaum aw ! 14" 'Soo t, Jac 2v oo o2 r :u2~ sus taz C~ ncIi` I1-1 I 1 %hlt~ t x'k-J to ' er - 31J4 ~,IfLa "~-),D ~ '!~9140t4 3I3 y ~ una~muu ~ ~ s ~ ie ? tItlYc fior 5i r,U;l7 U) 1fs_„7 l I I 332 'aa , b57 iS5a 5:556:: ' 31I : iRet' ~J h r Tr `i '-I PY T l T EE <il f l -)HI 1 TOf! 1 ~f `r i LLST (F ~.-f:. T f EI', T HI -El: r -HEij T- IIT I a ~ s+, rnn t~ F I Hf1C ~'a Ina F T_.E F 1 - r=1i`I. a I s - Er:-ounr_ i L ~-~I U ai .5ag~ tr d8 :tuD 9u.o s ao-:7 ~s eua: r>l-p TL 3 ~i= 4]Q i. 1t vac pm3 us r1 1405 TOLM'H CF' RD ~SHL-ND I 40 541 sae ss saa aoo Iwa to, mo - r " - - - - - C, I ~ue TY. = ril 1-OC ii-TI`iE 146s Fe:. n~~1 1 1703 zaoo axml Irmo 4 Po'/ H~,~~ l?Illll? - ~ Col. ~r•' ~ - -r„,,,,+ r; nl _ ~ ➢-iterl-,et .lOn~rh i Prirlav .lanifarv 911 gnvi R dd 5R PM 18.61.200 Tree Protection Tree Protection as required by this section is applicable to any planning action or building permit. There are 4 smaller pine trees in the far corner of the lot that is along Tolman Creek, see the submittal for location, sizes and species. There is a 4' 6" fence that runs from the front of the property along the whole side with Tolman Creek and to the rear chain link fence. These four trees are already protected in a number of ways: this existing fence runs along the property line but sits in about 5' due to the slope down to Tolman Creek Rd then as the fence nears the trees it cuts in 16' protecting the trees from any access from the lot itself. The trees are protected from the neighbor to the South by a 5' chain link fence that runs across the rear of the lot. These trees are also protected from any vehicle traffic along Tolman Creek because they sit about 6' above Tolman Creek Rd on the other side of the drainage ditch up on the slope. The current and permanent fence is a better protection of the temporary chain link fence which can be bumped and pushed around. In addition there is no future contraction of any improvement under or above the ground anywhere near these trees. The applicant believes this current existing situation is more than satisfactory for protecting the existing trees on site, pictures are included showing the current tree protection. Controlled Access/Consolidate Driveways: See submittals for driveway location, all driveways are shown to have more than a 25' separation and since we have the unusual situation of Blue Sky Lane having been already constructed the driveways are also located to avoid power pedestals, street lights and existing street trees. There are no flag lots with this application. Lot Coverage's: The lot coverage allowed in the R-1-7.5 zoning is 45% with the submitted lots size over 4,800 of coverage would be allowed on each lot. At this time no additional information is being submitted since this topic would be covered at time of building plan submittal which would then show driveway and all concrete together with the house location and size. Street Trees: The street trees have already been installed along Blue Sky Way. 18.76.050 Preliminary Approval by the Planning Commission An application for a preliminary partition shall be approved when the following conditions exist: A. The future use for urban purposes of the remainder of the tract will not be impeded. This tract of land is the last piece of property between the existing development of Tolman Meadows and Tolman Creek Rd.. When Tolman Meadows was developed City staff and the developer thought about the future development of this subject parcel all city services have been installed when Blue Sky Lane built allowing the seamless developing of the subject parcel. This parcel of land is the remainder tract of land and is fully set up to be divided without impeding any other tracts of land. B. The development of the remainder of any adjoining land or access thereto will not be impeded. This tract of land is the last piece of property between the existing development of Tolman Meadows and Tolman Creek Rd.. When Tolman Meadows was developed City staff and the developer thought about the future development of this subject parcel, all city services where installed when Blue Sky Lane was built allowing the seamless developing of the subject parcel. This parcel of land is the remainder tract of land and is fully set up to be divided without impeding any other tracts of land. C. The tract of land has not been partitioned for 12 months. The subject parcel of land has not been partitioned in the last 12 months. D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the land. It is the intent of this application and associated submittal to demonstrate compliance with all laws, ordinances and resolutions applicable to the land. The applicant has shown this application to be in compliance with all laws, ordinances and resolutions. E. The partitioning is in accordance with the design and street standards contained in the Chapter 18.8 8, Performance Standards Options. (Ord 2836 S8, 1999) This tract of land is in the unique position of being partitioned after all city streets and services have been installed. When Tolman Meadows subdivision was developed and Blue Sky Lane was installed across the entire frontage of the subject parcel, all city services where run to the property and the design and street standards contained in Chapter 18.88, where complied with at that time. Briefly: Blue Sky lane is a dedicated public street that does not exceed 500 ft. and is relatively flat far less than the 15% maximum grade, there is an approved fire turn around as part of the Tolman Meadows requirements that was installed. On Blue Sky Lane there is parking on 1 side of the street providing for at least 1 no street parking see associated submitted maps for location of on street parking as required by 18.88.060. F. When there exists an adequate public facility, or proof that such facilities can be provided, as determined by the Public Works Director and specified by City documents, for water, sanitary sewers, storm sewer, and electricity. For water there currently exists an 8" water main in Blue Sky Lane with 1" water lines already run to each of the three parcels in this application. For sewer there currently exists an 8" sanitary sewer in Blue Sky Lane with two 4" sanitary sewer stubs already provided for parcels I & 2. In Tolman Creek Road there is an existing Sanitary Sewer line that has a 4" sanitary sewer stub already installed forParcel#3. Again as part of the Tolman Meadows Subdivision a bio swale was installed along Blue Sky Lane each home will empty there collected storm drain water into this already constructed bio swale. The applicant has reviewed this project with Karl Johnson of the City of Ashland Engineering Division and he doesn't see the need for any additional services to be installed. G. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan. Such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department. Blue Sky Lane is a 32' wide fully dedicated public street that runs for the entire frontage of the subject property, just constructed this year to City standards. 1. The Public Works Director may allow an unpaved street for access for a minor land partition when all of the following conditions exist: a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street. NA b. The centerline grade on any portion of the unpaved street does not exceed ten percent. NA 2. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. Although the access for each of the future lots will be off of Blue Sky Land a recently installed dedicated City street part of the property does have frontage on Tolman Creek Road. The applicant agrees no access will be allowed to any lot from Tolman Creek Road. The applicant also concurs with the City staff position regarding the future improvement of Tolman Creek Road. City Staff noted that in the August 8 pre-application comments that "given that the complexity of the improvements required, the limited frontage, the need for improvements to be completed within the context of a larger neighborhood design process, the presence of a floodplain, and the fact that this street section is within Jackson County jurisdiction" the most prudent option would be for the applicant to sign in favor of the future improvements to Tolman Creek Road, agreeing to pay our proportional share and not remonstrate against the formation of a Local Improvement District. II. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited fi•oni the street. No alley exists or is proposed with this application. i I Solar Set Back The solar set back standard "A" shall apply to this project, the submitted site plan shows the height and associated solar set back that are required on this project from the North property line. Due to the fact that the North property line is to the rear of lots that are 145' deep - the solar requirements shall be very easy to comply with. The formula that was used is as follows: there is a negative 8% slope on the property and the 150' to the north so .445-.08= .365 which is divided into the maximum height less 6' to determine the solar set back. Other issues involved with the Minor Land Partition: The pre-application comments mentioned the possible requirement for a P & E for flood plain because based on the FEMA Floodplain Maps it appeared that the 100 year flood plain corridor was on the subject property. In response the applicant hired T.J. Bossard Engineering LLC to perform a flood study to determine the base flood elevation for Hamilton Creek adjacent to the subject property. It appears that that the subject property is 15' above the computed 100 year flood elevation and that the 100 flood is contained within the current banks of Hamilton Creek, so the applicant is moving forward with a LOMA application and all the associated mapping for the map amendment. Based on this engineering no P & E is necessary for this application. Attached is the correspondence from FEMA regarding the applicants LOMC submittal. Water resource Riparian Protection (AMC 18.63) Since Hamilton Creek is a "local stream" and requires a riparian protection exceeding 40' upland of the center line of the stream, see the submitted map showing the subject property located all farther than 40' from the centerline of Hamilton Creek. Since all of the subject property is farther than 40' no further information is required on this topic. I The applicant believes they have met all the requirements for a minor land partition and respectively request City staff approval. Please don't hesitate if any additional findings or information is required. Sincerely, Charlie Hamilton Suncrest Homes LLC c~ o ry~ L Fo 0 Ww~ ° 0 0 Z o m ]tZN ° -fLm yN Q W Zm~~ z w x a w zl- p~ r\ W U aaZ w u 7Ld as y z V) C) t 7 _elZL W 0 o~ £'Ol 107 XVl 1,01,107 XVl 'ti0G 107 2 dxo - _ d~ro- - - dH~dxo dNa dxa -dac-- dxo dvo d~ - N332f0 N0171MVH JO 3N17b31N30 ~ 0 b913S R2fb O ww W V-7[ M „8 a HO110 3QISC7VON ! r L35 QyEn 3T r- a J ~ Iiy a ,o v4 ly Iir-' Ila 2~ O 1-7 M~L190 O N - W Z 0 -_-,r-.....__...-. 1_ - i'~a Uri °'y~ V -rl i ,a~trrs aHUr Dais , e T T 1~ w ° o o r i _ a 4U Lo z P O _7 i ~ 2 c L ~ ~ Z l/1 Cl) ro I u~c R N ~L_..._~I aJt•JI d5 a ley !O_ ~ ~ -L 141•_! <T j''I~~ u, J i fij~Il 1 r Jl ~ -j ~ Ali ~al I~ I; ~ ~ - _ ~ ~ ~ ® w f - r f • N~ - ti ~ Id I I w ~ I - z 86" _ 2z~~ - - i 4 ° u --StSSI -M„LF,.90.00N--~ P w~ ~ I~ ~ I I o w x l o~ a N I o~ ~ E~ $ 3l7 w3 of I ~ W ~ II m - - - - - - - - - - - - - _ ' g f. ~ ~ ! f E F - ~ ,f , I, 7x,1 1 ,r~ - C ~ ~ ~ 'S ~ ~ - i I x ~ { y ~ ~ ~ ~ ~i ~ ~ ~ ~ - ~ .1 ~ J ~ r ~ _ r r !S - '3 r - r f 1~ 1 y. ' ' ~ -j + I ~ i f i I' ~ ; i ~ ~ t_L l -r ~ t „ 1 i ~ i 5~ I ~ ~ s i~ r~~ r ~ k, ~ ~ - ~ i t ; t~ G r d ` _ llo~ ''sF ~l R1 - 1 q v f r ~ _ t If F, . r i NOW . 7 Dear Timothy Bossard, We have received your request that the Federal Emergency Management Agency determine if the subject property is located within an identified Special Flood Hazard Area on the applicable National Flood Insurance Program map. Your Case Number is 13-10-0436A and Project Id is OL-LOT 400, BLOCK 23, Tolman Meadows - 1405 Tolman Creek Road Your Online LOMC Application ID was 15453793399 We are reviewing your submitted data for ASHLAND, CITY OF, Jackson County, OR and will contact you if additional information is required to process your request. If additional information is not required, we will issue a final determination letter within 30-60 days. You may obtain project status information from MIP via the Online LOMC homepage. To return to your application, click on the following link or copy and paste the link into the address bar of your browser: Inquiries concerning the status of your request should be made by calling the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA-MAP) or by letter addressed to the Federal Emergency Management Agency, LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304-04605, Attn: LOMA Manager. Please be assured we will do our best to respond to all inquiries in a timely manner. I i i WNW` PERMIT APPLICATION Planning Division 1 c t Tv OF 51 Winbum Way, Ashi uid OR 97520 FILE ASHLAND 541-483-5305 Fax 541433-6006 DESCRIPTION OF PROJECT ( ® Lam'" AlT i rtl D Al DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO Street Address 1g05 ` ~(Ma►~/ C/-"Pf yy - Assessor's Map No. 391 E 3 Tax Lot(s) Zoning 9" I° • 5 _ Comp Plan Designation r APPLICANT Name SAC1,- t LL Phone 1, ~f( "7 `f q~~EtNail ~JG~A1C/rsr ~J~itN~.~~-~7" Address 1) d. &Ck' 130 _ city -//4*tir` Zip -7584 PROPERTY OWNER r + r" Name✓"~y' W `,cPhone E-Mail jMw.G((XW 0CeMCe7! .C°M Address all city- ` 1.O r Zip SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT, OTHER Title 56KV1!'IP1Name d k/R/ _ 'lan P/Yt,rNN" Phone `fr) (41-5-1 E-Mail S44U/,V k/ Won''s S&,I/e y. <®Pot Address A0, Qck- t4 s q city 7jp Title Name _ Phone E-Mail Address City Zip _ I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of tact, are in all respects, true and correct. I 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 oviner assumes 1411 responsibility. I further understand that if this request is subsequently conles,'ed, the burden will be on me to establish: t) that l 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 fumisbed by me "adequate; and further 4) that all structures or improvements are property Located on the ground. Failure in ibis regard wilt resul osf likely in not only the request ing set aside: but also possibly h my structures being built in reliance thereon being required to be removed at my exp s i have uy~erabis anrra sed to seek competent professional advice and assistance. Applicant's ignature _ Date As Qwner of the property involved in this request, t have read and understood the complete application and its consequences to me as a property OWN—, :!T7 Averev, Pr e y wner's signature (required) Date tra be Cr_ 0 led ey Cfy ~wfq m f) i g Date Received t s Zoning Permit Type _ Filing Fse $ i r OVER 4 C'r'•.~xuan-J:v`ph~viiugl[':uu~~ Sb lhndouci\7a..n,• K-o .~ppii~ac:~_3u- YYLJ , Job Address: 1405 TOLMAN CR RD Contractor: ASHLAND OR 97520 Address: C A Owner's Name: JOHNSTON SHERRY T TRSTE FBO C Phone: P Customer 06311 N State Lic No: P SUNCREST HOMES T City Lic No: L Applicant: PO BOX 1313 R Address: TALENT OR 97540 A C C Sub-Contractor: A Phone: (541) 944-3799 T Address: N Applied: 01/10/2013 T Issued: R Expires: 07/09/2013 Phone: State Lic No: Maplot: 391 E23BA400 City Lic No: DESCRIPTION: minor land partition - 3 lots VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MECHANICAL C~ ELECTRICAL STRUCTURAL PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Land Partition (type 1) 1,177.00 CONDITIONS OF APPROVAL I I i COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us Inspection Request Line: 541-552-2080 CITY OF