HomeMy WebLinkAboutNevada_495_PA-2014-01131
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I T H
July 25, 2014
Notice of Final Decision
i
On July 25, 2014, the Community Development Director approved the request for the following:
Planning Action: 2014-01131
Subject Property: 485 & 495 W. Nevada Street
Co-Applicants: Knox/Dickson
Description: A request for a Modification of the Performance Standards Options
Subdivision Final Plan Approval (PA #2003-046) for the Billings Ranch Subdivision in
order to allow an allocation of lot coverage between 485 and 495 West Nevada (Lots #9
and #10). With the proposal, the allowed lot coverage for the property located at 495 W
Nevada (Lot #10) would be increased by 452 square feet by reducing the allowed lot
coverage for the adjacent property located at 485 W Nevada (Lot #9) by the same
amount. No net increase in lot coverage is proposed; the combined coverage for the two
lots will remain within the coverage allowed for the subdivision/zoning district.
COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING:
R-1-5; ASSESSOR'S MAP and TAX LOTS: 39 lE 05AD 2300 and 39 lE 05AC 4900.
The Community Development Director's decision becomes final and is effective on the 13th day after the
Notice of Final Decision is mailed. Approval is valid for a period of one year 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)
18.108.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in ALUO
18.108.070(B)(2)(c). The ALUO sections covering reconsideration and appeal procedures are attached.
The appeal may not be made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Michael Pina in the Community
Development Department at (541) 488-5305,
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel 541-088-5305
,
51 Winburn Way Fax: 541-552-2050 f 71
Ashland, Oregon 97520 TTY: 800-735-2900
wcvw.asl7dancl.or.tss
SECTION 18.108.070(B)2 Effective Date of Decision and Appeals.
B. Actions subject to appeal:
2. Type I Planning Actions.
a. Effective Date of Decision. The final decision of the City for planning actions resulting from the
Type I Planning Procedure shall be the Staff Advisor decision, effective on the 13th day after
notice of the decision is mailed unless reconsideration of the action is approved by the Staff
Advisor or appealed to the Commission as provided in section 18.108.070(B)(2)(c).
b. Reconsideration. The Staff Advisor may reconsider Type I planning actions as set forth below.
i. Any party entitled to notice of the planning action, or any City Agency may request
reconsideration of the action after the decision has been made by providing evidence to the
Staff Advisor that a factual error occurred through no fault of the party asking for
reconsideration, which in the opinion of the staff advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be
raised by letter or evidence during the opportunity to provide public input on the application
sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a
decision.
ii. Reconsideration requests shall be received within five (5) days of mailing. The Staff Advisor
shall decide within three (3) days whether to reconsider the matter.
iii. If the Planning Staff Advisor is satisfied that an error occurred crucial to the decision, the
Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor
shall decide within ten (10) days to affirm, modify, or reverse the original decision. The Staff
Advisor shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
iv. If the Staff Advisor is not satisfied that an error occurred crucial to the deeision, the Staff'
Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties
that requested reconsideration.
c. Appeal.
i. Within twelve (12) days of the date of the mailing of the Staff Advisor's final decision,
including any approved reconsideration request, the decision may be appealed to the Planning
Commission by any party entitled to receive notice of the planning action. The appeal shall be
submitted to the Planning Commission Secretary on a form approved by the City
Administrator, be accompanied by a fee established pursuant to City Council action, and be
received by the city no later than 4:30 p.m. on the 12th day after the notice of decision is
mailed.
ii. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing
shall be refunded. The fee required in this section shall not apply to appeals made by
neighborhood or community organizations recognized by the city and whose boundaries
include the site.
iii. The appeal shall be considered at the next regular Planning Commission or Hearings Board
meeting. The appeal shall be a de novo hearing and shall be considered the initial evidentiary
hearing required under ALUO 18.108.050 and ORS 197.763 as the basis for an appeal to the
Land Use Board of Appeals. The Planning Commission or Hearings Board decision on appeal
shall be effective 13 days after the findings adopted by the Commission or Board are signed
by the Chair of the Commission or Board and mailed to the parties.
iv. The appeal requirements of this section must be fully met or the appeal will be considered by
the city as a jurisdictional defect and will not be heard or considered.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
-ind.onus
i
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA -2014-01131
SUBJECT PROPERTY: 485 & 495 W. Nevada Street
OWNERS/APPLICANTS: Knox & Dickson
DESCRIPTION: A request for a Modification of the Performance Standards Options
Subdivision Final Plan Approval (PA #2003-046) for the Billings Ranch Subdivision in order to
allow an allocation of lot coverage between 485 and 495 West Nevada (Lots #9 and #10). With
the proposal, the allowed lot coverage for the property located at 495 W Nevada (Lot 410) would
be increased by 452 square feet by reducing the allowed lot coverage for the adjacent property
located at 485 W Nevada (Lot #9) by the same amount. No net increase in lot coverage is
proposed; the combined coverage for the two lots will remain within the coverage allowed for
the subdivision/zoning district.
COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-5;
ASSESSOR'S MAP and TAX LOTS: 39 lE 05AD 2300 and 39 lE 05AC 4900
SUBMITTAL DATE: June 25, 2014
DEEMED COMPLETE DATE: July 8, 2014
STAFF APPROVAL DATE: July 25, 2014
APPEAL DEADLINE: August 6, 2014
APPROVAL EXPIRATION DATE: August 6, 2015
i
DECISION
The subject properties are Lot #9 (485 West Nevada) and Lot #10 (495 West Nevada) of the Billings
Ranch Subdivision, located near the terminus of West Nevada street, west of Van Sant. The 73-lot
Billings Ranch subdivision proposed 23 attached townhomes, 50 detached single-family dwellings, and
common open space for "wetland preservation, passive recreation and aesthetic relief'. Today, nearly all
the detached single family homes are constructed, while approximately half of the attached units have
been built. 485 W. Nevada has a lot size of 6,270 square feet, while 495 W. Nevada is 6,612 square feet;
both properties are rectangular, and slope approximately four percent downhill to the north. Both
properties are also built-out including a house footprint, driveway, walking areas and improved
landscaping. 485 W. Nevada currently has a lot coverage of 2,347 square feet, or 37.43 percent; while
495 W. Nevada currently has a lot coverage of 3,301 square feet, or 49.92 percent.
The application involves a request by neighboring property owners for a Modification of the
Performance Standards Options Subdivision Final Plan Approval-(PA #2003-046) for the Billings Ranch
Subdivision in order to allow an allocation of lot coverage between 485 and 495 West Nevada. The
subject properties are located within the R-1-.5, Single-Family Residential zoning district, which permits -
a lot coverage maximum of 50 percent. With the proposal, the allowed lot coverage for 495 West
Nevada would be increased by 452 square feet, thus reducing the allowed lot coverage for the adjacent
property located at 485 West Nevada. Following this allocation transfer, 485 W. Nevada will have a lot
coverage maximum of 2,683 square feet, or 42.79 percent; while 495 W. Nevada will have lot coverage
maximum of 3,758 square feet, or approximately 56.84 percent. The application does not include a
specific development proposal, but rather seeks only to allocate lot coverage through the flexibility of
PA 2014-01131
485&495 W. Nevada/MP
Page 1
4
the Performance Standards Options Chapter; no net increase in lot coverage is proposed, and the
combined coverage for the two lots will remain within the allowed coverage for the zoning district. The
application notes that that the proposed reallocated coverage is to correct a miscommunication during
construction and to install a lap pool.
The Performance Standards Options Chapter provides for more flexibility than is permissible under
conventional zoning codes in order to reduce the impacts of development on the natural environment
and the neighborhood, and this flexibility has historically been applied to look at lot coverage at the
subdivision level as a whole, rather than on a lot by lot basis, in order to protect natural features of the
site or the surrounding neighborhood while also providing for architectural creativity and innovation
encouraged within the chapter. This methodology has seemed well-suited to, implementing the purpose
and intent of the Performance Standards Options Chapter while allowing a broader focus in considering
the full impact of Performance Standards development proposals.
The applicants propose to take the total amount of coverage which would have been allowed for their
two lots and re-allocate it so that between the two, they meet this coverage requirement and the
subdivision itself continues to comply with the overall coverage for the district as well. No net increase
in overall lot coverage between the two lots, or for the subdivision as a whole, is proposed. The
combined coverage for the two lots'and for the subdivision as a whole will remain within the allowed
coverage for the zoning district.
In considering the request, staff believes that the proposal is an appropriate way for these two neighbors
to utilize the flexibility of the Performance Standards Options Chapter, and by limiting the proposed
reallocated coverage to surface treatments such as patio areas, pools or ponds rather than additions to the
existing building, potential impacts are mitigated in keeping with the purpose and intent of the Chapter.
The criteria for Final Plan approval are described in AMC 18.88.030.B.5 as follows:
5. Criteria for Final Plan Approval. Final plan approval shall be granted upon finding of
substantial conformance with the outline plan. Nothing in this provision shall limit
reduction in the number of dwelling units or increased open space provided that, if this is
done for one phase, the number of dwelling units shall not be transferred to another
phase, nor the open space reduced below that permitted in the outline plan. This
substantial conformance provision is intended solely to facilitate the minor modifications
fi°oni one planning step to another. Substantial conformance shall .exist when comparison
of the outline plan with the final plan shows that:
a. The number of dwelling units vary no more than ten (10%) percent of those shown
on the approved outline plan, but in no case shall the nun2ber of units exceed
those permitted in the outline plan.
b. The yard depths and distances between main buildings vary no more than ten
(1001o) percent of those shown on the approved outline plan, but in no case shall
these distances be reduced below the naininium established within this Title.
C. The open spaces vary no more than ten (10%) percent of that provided on the
outline plan.
PA 2014-01131
485&495 W. Nevada/W
Page 2
d. The building size does not exceed the building size shown on the outline plan by
more than ten (10%) percent.
e. The building elevations and exterior materials are in conformance with the
purpose and intent of this Title and the approved outline plan,
f. That the additional standards which resulted in the awarding of bonus points in
the outline plan approval have been included in the final plan with substantial
detail to ensure that the performance level committed to in the outline plan will be
achieved.
g. The development complies with the Street Standards.
i
The application with the attached conditions complies with all applicable City ordinances.
i
The modification of Planning Action 2014-01131 to allow the allocation of lot coverage between 485
West Nevada and 495 West Nevada as proposed 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 2614-01131 is denied. The following are the conditions and they are attached to the
approval:
1) That all proposals of the applicant shall be conditions of approval unless otherwise specifically
modified herein.
2) That all conditions of Planning Action 2003-046 shall remain in effect unless specifically
modified herein.
3) That lot coverage shall be limited to that proposed in the application as delineated in the
applicants' Table A. Future plan submittals for either property shall demonstrate compliance
with these coverage allocations. 485 W. Nevada will have a lot coverage maximum of 2,683
square feet, or 42.79 percent; while 495 W. Nevada will have lot coverage maximum of 3,758
square feet, or approximately 56.84 percent.
4) That any proposed development of the two subject properties remains limited to the approved
envelopes and subject to any applicable regulations.
5) That the reallocated coverage shall be limited to surface improvements such as patios and water
features (i.e. pools) as proposed by the applicants, and will not be used to increase the mass of
the existing buildings.
6) That a deed agreement recognizing the above conditions of this approval shall be recorded on the
deed of each of the two properties, as proposed by the applicants, prior to the formal reallocation
of coverage. These deed agreements shall be recorded, and a copy of the recorded documents
provided to the Staff Advisor, within 12 months of the final decision.
July 25, 2014
$il Moln Director Date
Departrra nt of Community Development
PA 2014-01131
485&495 W. Nevada/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 July 25, 2014 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 #2014-01131, 485 & 495 W. Nevada
Street.
Signature of Employee
Documend 712212014
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PA-2014-01131 391E05AD 2500 PA-2014-01131 391E05AC 6900 PA-2014-01131 391E05AD 3200
ANDRESON PATRICIA ANN TRUSTEE BAMFORTH BERT TRUSTEE ET AL BARNARD MARK T/JOANNE R
PO BOX 862 , 500 W NEVADA ST 462 LINDSAY,LN
GOLD BEACH, OR 97444 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-01131 391E05 200 PA-2014-01131 39IE05AD 2400 PA-2014-01131 391E05AC 4900
BILLINGS MEMORIAL LLC CARNEGIE COLIN TRUSTEE ET AL DICKSON GARY W TRUSTEE ET AL
160 REITEN DR 698 EASTERLING LN 495 W NEVADA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-01131 391E05AD 2300 PA-2014-01131 391E05AC 6500 PA-2014-01131 391E05AD 2100
KNOX MARK/WEHMEYER-KNOX KRANZ KEITH D/WENDY K SELES ANDREW C/GOLDFARB
485 W NEVADA ST 520 W NEVADA ST 475 .W NEVADA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-01131 391E05AC 5300 PA-2014-01131 391E05AC 7000 PA-2014-01131 391E05AC 5200
SMITH MELANIE H TRUSTEE ET AL THEIS LAWRENCE/SAUNDRA VAHDAT INVESTMENT GROUP LLC
PO BOX 964 510 W NEVADA ST 32008 FOXMOOR CT
ASHLAND, OR 97520 ASHLAND, OR 97520 WESTLAKE VILLAGE, CA 91364
PA-2014-01131 391E05AD 1800 PA-2014-01131 391E05AD 1900 485 & 495 W. NEVADA
VOGEL ALAN L/JOAN L YOUNG DAVID F MD PC 401K PSP 07/25/2014 NOD
445 W NEVADA ST 348 SW MODOC 14
ASHLAND, OR 97520 MEDFORD, OR 97504
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- Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY F
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: 2014-01131
SUBJECT PROPERTY: 485 & 495 W Nevada
OWNER/APPLICANT: Mark & Nora Knox & Gary & Jeanne Dickson
DESCRIPTION: A request for a Modification of the Performance Standards Options Subdivision Final
Plan Approval (PA #2003-046) for the Billings Ranch Subdivision in order to allow an allocation of lot
coverage between 485 and 495 West Nevada (Lots #9 and #10). With the proposal, the allowed lot
coverage for the property located at 495 W Nevada (Lot #10) would be increased by 452 square feet by
reducing the allowed lot coverage for the adjacent property located at 485 W Nevada (Lot #9) by the
same amount. No net increase in lot coverage is proposed; the combined coverage for the two lots will
remain within the coverage allowed for the subdivision/zoning district. COMPREHENSIVE PLAN
DESIGNATION: Single-Family Residential; ZONING: R-1-5; ASSESSOR'S MAP and TAX
LOTS: 39 lE 05AD 2300 and 39 lE 05AC 4900.
NOTICE OF COMPLETE APPLICATION: July 8, 2014
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: July 22, 2014
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SUBJECT'PROPERTIES:
485 and 495 W.'Nkavada
39 1 E 04AD 2300 & 04AC 4900
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O 1020 40 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 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
18.108.040)
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 I
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.
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FINAL PLAN APPROVAL
18.88.030.6.5 Criteria for Final Approval
Final plan approval shall be granted upon finding of substantial conformance with the outline plan. Nothing in this provision shall limit reduction
in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be
transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is
intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of
the outline plan with the final plan shows that:
a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall
the number of units exceed those permitted in the outline plan.
b. The yard depths and distances between main buildings vary no more than ten (10%) percent of those shown on the approved outline
plan, but in no case shall these distances be reduced below the minimum established within this Title.
c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan.
d. The building size does not exceed the building size shown on the outline plan by more than ten (10%) percent.
e. The building elevations and exterior materials are in conformance with the purpose and intent of this Title and the approved outline
plan.
f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final
plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved.
g. The development complies with the Street Standards.
(ORD 2836, 1999)
G:\comm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2014\PA-2014-0113 1.docs
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.
i
2. On July 8, 2014 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 #2014-01131, 485/495 W Nevada.
Signature of Employee
Document3 7/8/2014
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PA-2014-01131 391E05AD 2500 PA-2014-01131 391E05AC 6900 PA-2014-01131 391E05AD 3200
ANDRESON PATRICIA ANN TRUSTEE BAMFORTH BERT TRUSTEE ET AL BARNARD MARK T/JOANNE R
PO BOX 862 500 W NEVADA ST 462 LINDSAY LN
GOLD BEACH, OR 97444 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-01131 391E05 200 PA-2014-01131 391E05AD 2400 PA-2014-01131 391E05AC 4900
.BILLINGS MEMORIAL LLC CARNEGIE COLIN TRUSTEE ET AL DICKSON GARY W TRUSTEE ET AL
160 REITEN DR 698 EASTERLING LN 495 W NEVADA ST'
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-01131 391E05AD 2300 PA-2014-01131 391E05AC 6500 PA-2014-01131 391E05AD 2100
KNOX MARK/WEHMEYER-KNOX KRANZ KEITH D/WENDY K SELES ANDREW C/GOLDFARB
485 W NEVADA ST 520 W NEVADA ST 475 W NEVADA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND,-OR 97520
PA-2014-01131 391E05AC 5300 PA-2014-01131 391E05AC 7000 PA-2014-01131 391E05AC 5200
SMITH MELANIE H TRUSTEE ET AL THEIS LAWRENCE/SAUNDRA VAHDAT INVESTMENT GROUP LLC
PO BOX 964 510 W NEVADA ST 32008. FOXMOOR CT
ASHLAND, OR 97520 ASHLAND, OR 97520 WESTLAKE VILLAGE, CA 91364
PA-2014-01131 391E05AD 1800 PA-2014-01131 391E05AD 1900
VOGEL ALAN L/JOAN L YOUNG DAVID F MD PC 401K PSP
445 W NEVADA ST 348 SW MODOC
ASHLAND, OR 97520 MEDFORD, OR 97504
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PROJECT DESCRIPTION AND FINDINGS F FACT F
A CO-APPLICATION PROPOSAL BETWEEN THE ADJACENT
PROPERTY OWNERS F 485 AN 495 WEST NEVADA STREET
W DESIRE A MODIFICATION F A PERFORMANCE STANDARDS
OPTIONS SUBDIVISION T INCREASE THE PERMISSIBLE LOT
COVERAGE N 495 W. NEVADA STREET Y REDUCING THE
AVAILABLE LOT COVERAGE FR X85 W. NEVADA STREET
495 48,5
6Yest Nevada Street
Billings Ranch
Subdivisio72
SUBMITTED TO
CITY F ASHLAND PLANNING DEPARTMENT
ASHLAND, OREGON
SUBMITTED BY CO-APPLICANTS
Gary & Jeanne Dickson and Mark & Nora Knox
June 27th, 2014
I. PROJECT INFORMATION:
PLANNING ACTION: The proposal is for a joint application between the adjacent property
owners of 485 and 495 W. Nevada Street who desire a Modification of a Performance Standards
Options Subdivision to increase the permissible lot coverage on 495 W. Nevada Street by
reducing the available lot coverage from 485 W. Nevada Street.
LEGAL DESCRIPTION: 391E 05AD 2300 (Lot #9) and 391E 05AC 4900 (Lot #10)
OWNERS & APPLICANTS:
Gary & Jeanne Dickson Mark & Nora Knox
495 West Nevada Street 485 W. Nevada Street
Ashland, OR 97520 Ashland, OR 97520
COMPREHENSIVE PLAN DESIGNATION:
Low-Density Residential
ZONING DESIGNATION
R-1-5-P (Single Family Residential - 5,000 sq. ft. minimum lot size)
TOTAL LOT AREA:
485 W. Nevada Street (Lot #9): 6,270 sq. ft.
495 W. Nevada Street (Lot #10): 6,612 sq. ft.
MAXIMUM LOT COVERAGE (R-1-5-P):
50% (all impervious surface areas - house footprint, driveway, sidewalks, pool, etc.)
LOT COVERAGE: ALLOWED EXISTING REMAINING
485 W. Nevada Street: 3,135 sf. 2,347 sf.* +788 sf.
495 W. Nevada Street: 3,306 sf. 3,301 sf.* +5 sf.
* Based on approved site plans and confirmed by on-site measurements.
LOT COVERAGE ALLOCATION: ALLOCATED NET REMAINING
485 W. Nevada Street: 452 s£ 336 sf.
495 W. Nevada Street: n/a 452 sq. ft.
APPLICABLE ORDINANCES:
R-1-5-P Single Family Residential, Chapter 18.20
Performance Standards Options, Chapter 18.88
ADJACENT ZONING/USE:
WEST: R-1-5-P; Single Family Residential District; vacant residential parcel
EAST: R-1-5-P; Single Family Residential District; single family home
SOUTH: R-1-5-P; Single Family Residential District; common open space
NORTH: EFU; Exclusive Farm Use (Jackson County); Billings Family Farm
II. FINDINGS OF FACT:
The following information has been provided by the applicants and various consultants to help
the Planning Staff, Planning Commission and neighbors understand the proposed project. In
addition, the required findings of fact have been provided to ensure the proposed project meets
the Criteria as outlined in the Ashland Municipal Code (AMC), Section 18.88.030.B.5.
Proposal: The proposal is for a Modification of the Billings Ranch Subdivision, a Performance
Standards Options Subdivision, approved in May of 2003 (PA-2003-046), modifying the
permissible lot coverage on 495 W. Nevada Street (Lot #10) by reducing the available lot
coverage from 485 W. Nevada Street (Lot #9). No net increase of lot coverage is proposed with
this application as the proposal seeks to maintain the zone's maximum lot coverage as outlined
below. The applicants and property owners are Gary & Jeanne Dickson and Mark & Nora Knox.
Site Historv and Existing Conditions: Both lots are located within the Billings Ranch
Subdivision approved by the Ashland Planning Commission in December of 2002 (PA-2002-128
Outline Plan) and by the
Ashland Planning Department
in May of 2003 (PA-2003-046 -
Replaced Final Plan). The subdivision is a
wetlands 72-lot Performance Standards
Options Subdivision which at
the time of approval included
? 22 townhomes and 50 single-
family residences. Since the
Billings Ranch original approvals, the number
Farm of lots have been reduced
townhome lots merged, single
d
r` family detached houses
constructed and common open
Subject N' space areas improved.
Lots
TI-
Note: The subdivision's original
C 1
wetlands were later relocated to
xx o} , F - the Billings Ranch Farm
j directly to the north to the
subdivision due to the fact the
hydrology feeding the wetlands
was severed by an uphill
V
property owner (most likely
from corrections made to the
(lri~mal t
~etlands Bike Path small pond at the Mountain
& Wall View Retirement Center along
Main and Maple Streets) or due to the Subdivision's infrastructure (most likely from the raised
l~ilrP "Al alnn.a tl,P railrnarl trarelrc and itq arliarPnt ratainina walh RP.aarrllPQ4 `Arhat uvac nneP
roughly .50 acres of delineated wetlands lost its hydrology source and through compliance with
the Division of State Lands, the property owners re-created and added mi hly 13 acres of
VV
4l1CL11UJ LV L116.. 1101611 Vll L11V CLUIVllllllta V1V Vb1LY 1300 uVV v\J VilV a\l1 uL "..L.. v.♦/.i\.
Today, 46 of the now 71 lots (65%) within the subdivision have been built upon and likely
another five to eight will be built upon within the upcoming year. The subject two lots at 485 and
495 W. Nevada Street were constructed upon in 2007 and 2012.
Explanation Behind Request: In 2011 when the current property owners of 495 W. Nevada
Street submitted their house plans to the City for approval, the site plan identified the proposed
house, a small lap pool and a wood deck between the house and pool area. The pool was to be
constructed at a later date and under separate permits, but as identified, the lot's maximum 50%
lot coverage was in compliance and permits issued. Unfortunately, during construction the
project contractor suggested replacing the wood deck with concrete in order to improve the
landscaping appearance and limit maintenance. The property owners innocently agreed and the
house and concrete surfaces were built without realizing the consequences of their decision that
only two years later would be realized when they applied for the pool permit. The end result is
the house and miscellaneous concrete surface areas currently comply with the zone's lot
coverage standards, but with the addition of the pool and its mechanical equipment, the
maximum lot coverage area would be exceeded by roughly 350 square feet.
Note: Decks with narrow open gaps are considered pervious surfaces, but areas such as the
house footprint, driveway, and concrete walkways are considered impervious. Further, Building
or Zoning Permits are not required when adding impervious surface area which often leads to
lot coverage compliance issues.
Lot Coverage Allocation: In order to obtain the pool permit and exceed the zone's 50% lot
coverage, the property owners at 495 W. Nevada Street would need to choose one of the
following options:
1) Remove roughly 350 square feet of existing concrete around various places of the yard, some
of which is directly abutting the home's siding and is very much part of the home's architectural
style. A large portion of this area would then need to be replaced with wood decking (with
narrow gaps) for utility and usability purposes;
2) Propose a "joint" application between the adjoining property owners of 485 and 495 West
Nevada Street to modify the subdivision by allocating excess lot coverage from 485 to 495 W.
Nevada Street to accommodate the pool, mechanical equipment and any minor impervious
surface improvements that may be necessary in the future. This action maintains a no-net
increase between the two adjacent parcels;
3) Modify the subdivision and request the subdivision's open space(s), including the open space
that previously was a wetland and have 50% of its impervious surface coverage allocated to the
subdivision's 71 residential lots (Note: The original lot count within the Billings Ranch
Subdivision was recently reduced from 72 to 71 via a Lot Consolidation). AMC 18.88.020 H.
specifically prohibits open space area beyond what is required to not be credited with bonus
point calculations for density, but is specifically silent on lot coverage. According to file records,
specifically noted in an email correspondence from September 2008 from a previous Assistant
Planner, only a small portion of the subdivision's open space (10,400 square feet), was credited
lot coverage allocation when roughly 88,862 square feet of open space exists. If this amount was
liberally reduced to 80,000 square feet to account for miscellaneous impervious surfaces
(common area gazebo, mail boxes, etc.), 50% of this area would equate to 563 square feet of
additional impervious surface area for each lot within the subdivision. Further, to the best of the
applicants' knowledge, previous Performance Standard Options Subdivisions (Clay Creek
Gardens, Eastfield, Strawberry Meadows (2 of 3 phases), Falling Acorn Estates, etc.) never
excluded any open space areas, regardless of their nature, from allocating available lot coverage.
Regardless, this option is considered cumbersome by the applicants, subjective and beyond the
effort necessary to justify what really is an accounting clarification for the project's land use file;
As such, based on the above options, Option #2 is the preferred choice as it is supported by the
neighbors of 485 W. Nevada Street and results in the most prudent, logical and straightforward
outcome.
Summary: Overall, the request for a Modification of a Performance Standards Options
Subdivision is relatively straightforward and justifiable under the Final Plan criteria noted below.
Unfortunately, this topic can be difficult to explain, is very technical and often results in
perceptions that are not accurate. Most importantly, it throws into doubt the mechanics of a
Performance Options Standards Subdivision because it creates critical problems for staff and the
property owners to resolve. However, in this particular case, the two property owners and
applicants have joined together to make sure there will be no additional net lot coverage between
the two properties and believe this is a fair approach to resolve the issue. Similar entitlements
have been requested and approved (PA-2010-00263) and like those, the subject additional
coverage request is not for added building square footage, but for surface improvements that will
not have any visual impacts to adjoining properties and thus neighborhood context relating to
mass, scale and volume will remain as they do today.
III. APPLICABLE CRITERIA:
i
18.88.030.B.5 Criteria for Final Plan Approval (modification thereof):
Criteria for Final Plan Approval. Final plan approval shall be granted upon finding of
substantial conformance with the outline plan. Nothing in this provision shall limit
reduction in the number of dwelling units or increased open space provided that, if this is
done for one phase, the number of dwelling units shall not be transferred to another phase,
nor the open space reduced below that permitted in the outline plan. This substantial
conformance provision is intended solely to facilitate the minor modifications from one
planning step to another. Substantial conformance shall exist when comparison of the
outline plan with the final plan shows that:
a. The number of dwelling units vary no more than ten (10%) percent of those shown on
the approved outline plan, but in no case shall the number of units exceed those permitted
in the outline plan.
modification does not involve changing the number of dwelling units. Proposal
The proposed
complies with this criterion. !
i
b. The yard depths and distances between main buildings vary no more than ten (10%)
percent of those shown on the approved outline plan, but in no case shall these distances be
reduced below the minimum established within this Title.
The proposed modification does not involve changing the distance between buildings or a
modification of an approved envelope. Proposal complies with this criterion.
c. The open spaces vary no more than ten (10%) percent of that provided on the outline
plan.
The proposed modification does not involve changing the subdivision's open space area.
Proposal complies with this criterion.
d. The building size does not exceed the building size shown on the outline plan by more
than ten (10%) percent.
The proposed modification does not involve changing the building size shown on the Outline
Plan as no buildings or hypothetical building sizes were identified at that time. Proposal
complies with this criterion.
e. The building elevations and exterior materials are in conformance with the purpose and
intent of this Title and the approved outline plan.
The proposed modification does not involve changing the elevations of a building or the exterior
materials of a building. Proposal complies with this criterion.
C That the additional standards which resulted in the awarding of bonus points in the
outline plan approval have been included in the final plan with substantial detail to ensure
that the performance level committed to in the outline plan will be achieved.
No bonus points were requested or allocated during the approval of the project's Outline or Final
Plan. Proposal complies with this criterion.
g. The development complies with the Street Standards.
The proposed modification does not involve changing the subdivision's existing streets. Proposal
complies with this criterion.
18.88.030.B.6 Procedure for Final Plan Modification:
6. Any substantial amendment to an approved final plan shall follow a Type I procedure
and be reviewed in accordance with the above criteria.
i
The applicants contend the proposal for a Modification of a Performance Standards Options
Subdivision to increase the permissible lot coverage on 495 W. Nevada Street. by reducing the
available lot coverage from 485 W. Nevada Street is not a substantial amendment as none of the
criteria as outlined in 18.88.030 B.S. (above) reference lot coverage nor does the combined
average exceed the zone's maximum 50% allowance.
Exhibits: A-1; 485 W. Nevada Street "Original" Site Plan Summary
A-2; 485 W. Nevada Street "Original" Site Plan
B-1; 495 W. Nevada Street "Original" Site Plan Summary
B-1; 495 W. Nevada Street "Proposed" Site Plan
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Planning Department ZONING PPIT APPLICATION
CITY o 51 Winbum Way, Ashland OR 97520 FILE
ASHLAND 541488-5305 Fax 541488-6006
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY
Street Address
Assessor's Map No. 391E Tax Lot(s)
Zoning € Comp Plan Designation
APPLICANT
Name Phone E-Mail
Address City Zip
PROPERTY OWNER
Name Phone E-Mail
Address City Zip
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title Name Phone E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Tip
f 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. 1 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 responsibili(y. I further understand that ff this request is subsequently contested, the burden will be on me to
establish:
1) that 1 produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact fumished justdles the granting of the request;
3) that the findings of fact famished by me are adequate; and fu ar~
4) that all structures or improvements are property located on f ground.
Faro'v~,d4 regard wilEa ult t likely i on, the request t, rig set a " e, but also possibly in my structures being built in reliance thereon being required to
be expen I(! h any u s, f am advised to seek co)
professional l advice and assist ce.
A nt' i nature Date
A of the prope i vo this request, i have read and understood the complete application and its consequences to me as a property
wear. I
Prope er's Signature (required) Date
ITO be -TONd by CRY Wit
Date Received - Zoning Permit Type- Filing Fee $
Planning Action Type
OVER 0
C:'D0CUME-11h.&wL0CALS-11T-p'Zomnc F-if A{ ok fim Fo d.
i
LAI
Job Address: 495 W NEVADA ST Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: GARY/BARBARA JEANNE DICKSON O Phone:
F N State Lic No:
P Customer 07839
L GARY/BARBARA JEANNE DICKSON T City Lic No: c
Applicant: 495 NEVADA ST W R
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 06/27/2014 0
T Issued: R
Expires: 12/24/2014 Phone:
State Lic No:
Maplot: 391 E05AC4900 City Lic No:
DESCRIPTION: Modification of subdivision/lot coverage
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Other Type 1 planning review 998.00
CONDITIONS OF APPROVAL
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
ASHLAND