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Home My WebLink AboutNevada_84_PA-2013-00874 CI'T'Y OF ASHLAND July 31, 2013 Notice of Final Decision On July 31, 2013, the Community Development Director approved the request for the following: Planning Action: 2013-00874 Subject Property: 84 Nevada/Tax lot 3201 (reactivated lot)' Applicant: Suncrest Homes Description: A request for a Minor Land Partition to divide Tax Lot 3201 into two separate parcels fronting onto Helman Street. Proposed Parcel B will be 6,400 square feet; while proposed Parcel C will be 6,399 square feet. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; The Community Development Director's decision becomes final and is effective on the 13'h 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: 541488-5305 51 Winbum Way Fax: 541-552-2050 L ° T Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us ~~,a SECTION 18.108.070(8)2 Effective Date of Decision and Appeals. B. Actions subject to appeals 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 13u' 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. L 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 - r 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 decision, the Staff Advisor shall deny the reconsideration request. Notice of'demal 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 12'' 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 anappeal 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 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2013-00874 SUBJECT PROPERTY: 8414evada / Tax lot 3201 (reactivated lot) OViNER/APPLICANT: Suncrest Homes DESCRIPTION: A request for a Minor Land Partition to divide Tax Lot 3201 into two separate parcels fronting onto Helman Street. Proposed Parcel B will be 6,400 square feet; while proposed Parcel C will be 6,399 square feet. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1=5; ASSESSOR'S MAP: 39 IE 04BD; TAX LOT: 3201; SUBMITTAL DATE: June 20, 2013 DEEMED COMPLETE DATE: July 5, 2031 STAFF APPROVAL DATE: July 31, 2013 APPEAL DEADLINE DATE: August 12, 2013 FINAL DECISION DATE: August 13, 2013 APPROVAL EXPIRATION DATE: August 13, 2014 DECISION The subject property is a vacant, reactivated parcel formally a part of 84 West Nevada. Its located at the southwest corner of West Nevada and Helman Streets, and zoned R-1-5, Single- Family Residential. The Tract is approximately 11,472 square feet, slopes gently to the east at approximately 6 percent, and is void of any landscaping. Both Nevada and Helman streets are improved to city 'standards .with curbs, gutters, and sidewalks, and three-foot parkrow along Helman Street. The applicant is requesting a minor land partition to split the property into two separate parcels. To achieve this, the applicant is also requesting two line adjustments. The first requested lot line, adjustment is to move the easterly boundary of Tract 1 (84 Nevada St.) west 7.77 feet. This will create a lot depth of 100 feet for Tract 2 along Nevada Street. The second lot line adjustment is to take the southern boundary line south by 7.3 feet, thus making Tract 2 120.72 feet deep. Following these two lot line adjustments, Tract 2 will become approximately 12,800 square feet. Proposed Parcel B, which is the corner lot, will become 6,400 square feet. While proposed Parcel C will become 6,399 square feet. The R-1-5 zoning district has a minimum lot size of 5,000 square feet, and 6,000 for corner lots, in which both lots would conform to this standard. Both proposed parcels have adequate capacity within the Nevada and Helman right-of-ways to serve the new parcels. In Staff's opinion, the partition request is an appropriate use of the vacant parcel. Although staff has concerns regarding Parcel C's ability to meet Solar Standard A, as it's north-south lot dimension is approximately nine feet below the width needed to meet Formula I. However the applicant asserts that with the existing PUE being relocated south as requested, that a modest home will be able to meet the Standard A. Staff will add a condition noting that this lot be subject to Solar Standard A. PA # 2013-00874 84 Nevada / Tax lot 3201 (reactivated lot)MP Page 1 Staff believes, that the future purposes of the lot will not be impeded due to the proposed lot size is slightly above the minimum requirement for the zone, which eliminates the possibility of future lots being created. In addition, the proposal does not impede any adjoining property from developing. Therefore, the proposed Minor Land Partition complies with the minimum requirements in accordance with 18.76, and with the conditions below is 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. 8. 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 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 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 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 2013-00874 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 2013-00874 is denied. The following are the conditions and they are attached to the approval: PA # 2013-00874 84 Nevada / Tax lot 3201 (reactivated lot)MP Page 2 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. Priot to signature of Final Plat: a. That all easements, including those relocated, for 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. b. 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. 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. c. That the location and final engineering for all storm drainage improvements associated with the project, shall be submitted for review and approval by the Departments of Public Works, Planning and Building Divisions prior to signature of the final survey plat. d. That calculations shall be submitted demonstrating that a 21-foot high structure can be placed on proposed Parcel C that complies with Solar Setback Standard A that does not exceed 50 percent of the lot's north-south lot dimension, or a solar envelope and written description of its effects demonstrating compliance with Solar Standard A shall be submitted, prior to signature of the final survey plat as required in Chapter 18.70.050 of the Solar Ordinance. e. That the location and final engineering for all storm drainage improvements associated with the project, shall be submitted for review and approval by the Departments of Public Works, Planning and Building Divisions prior to signature of the final survey plat. f. That the electric service shall be installed underground to serve the two parcels prior to signature of the final survey plat. At the discretion of the Staff Advisor, a bond may be posted for the full amount of underground service installation (with necessary permits and connection fees paid) as an alternative to installation of service prior to signature of the final survey plat. In either case, the electric service plan shall be reviewed and approved by the Ashland Electric Department and Ashland Engineering Division prior to installation. g. That the sanitary sewer laterals and water services including connection with meters at the street shall be installed for the two parcels prior to the signature of final survey plat. 3) That Building permit submittals shall include: a. Solar setback calculations demonstrating that all new construction complies with Solar Setback Standard A in the formula [(Height - 6)/(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifying the highest shadow producing point(s) and the height(s) from natural grade. PA # 2013-00874 84 Nevada / Tax lot 3201 (reactivated lot)N1P Page 3 b.. That a shared driveway approach between the two parcels .shall be required. A permit through the Engineering Division shall be required prior to installing the driveway access, and separated by other curb cuts by a minimum of 24-feet per City Street Standards. The driveway curb cuts shall be installed and inspected prior to the issuance of a building permit for either parcel. c. Lot coverage calculations including all building footprints, driveways, parking, and circulation areas. Lot coverage shall be limited to no more than 50.percent as required in AMC 18.20 /Bill Molar, Director Dat e_, ep nt of Community Development i PA # 2013-00874 84 Nevada / Tax lot 3201 (reactivated lot)MP Page 4. AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On July 31, 20131 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 #2013-00874 Tax Lot 3201, 84 W Nevada. Signature of Employee i Gtomm-devlplanningftrms & HandouWAffidavit of Mailing-Planning Action Notice.doc f PA-2013-00874 391 E04BD 2000 PA-2013-00874 391 E04BD 201'0 PA-2013-00874 391 E04BD 3400 ASHLAND FLOWERSHOP AND BINGHAM MICHAEL S/ELIZABETH BLACK MARJORIE LOVERING 744 HELMAN ST 50 W NEVADA ST TRUSTEE ET AL ASHLAND OR 97520 ASHLAND OR 97520 744 PALMER RD ASHLAND OR 97520 • PA-2013-00874391 E04BD 3300 PA-2013-00874 391 E04BD 3600 PA-2013-00874 391 E046D 3200 COLLINS WILLIAM T/SUSAN J GIRARD BRENDAN MENEDES GLORIA ROSSI 3095 HWY 66 PO BOX 1192 " 1280 OAK ST ASHLAND OR 97520 ASHLAND OR 97520 ! ASHLAND OR 97520 PA-2013-00874 391 E04BD 3700 PA-2013-00874 391 E04BD 3100 PA-2013-00874 391 E04BD 3000 MURPHY SUSAN ANN ET AL PEMBROKE INVESTMENTS LLC PRINCE MAURICE III/KATHLEEN 'PO BOX 5367 7685 ADAMS RD 101 RANDY ST FRAZIER PARK CA 93222 TALENT OR 97540 ASHLAND OR 97520 PA-2013-00874 391 E04BD 2900 PA-2013-00874 391 E04BD 3500 'PA-2013-00874 391 E04BD 2008 SCHOOL DISTRICT 5 TROUTMAN MARY HELEN WILLIAMS GREGORYD 885 SISKIYOU BLVD 95 W NEVADA ST 744 HELMAN ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00874 391 E04BC 110 PA-2013-00874 391 E04B 1100 PA-2013-00874 391 E04BD 2009 WILLIAMS JEFFREY A/JANET C WILMA LLC ZIEMBA THOMAS DONALD 108 NEVADA ST W 744 HELMAN ST 1730 HELMAN ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00874 - PA-2013-00874 Suncrest Homes LLC Jim Higgs 84 W Nevada Lot 3201 PO Box 1313 1585 Siskiyou Blvd 17 Talent OR 97540 Medford OR 97504 7/31/2013 NOD i George & Gloria Menedes 84 W Nevada 97520 - Ashland, OR i LAS ~ III) July 31, 2013 Notice of Final Decision On July 31, 2013, the Community Development Director approved the request for the following: Planning Action: 2013-00875 Subject Property: 84 Nevada/Tax lot 3202 (reactivated lot) Applicant: Suncrest Homes Description: A request for a Minor Land Partition to divide Tax Lot 3201 into three separate parcels fronting onto Randy Street. Proposed Parcel E will be 7,206 square feet, Parcel F will be 6,927 square feet, and proposed Parcel G will be 7,066 square feet. COMPREHENSIVE PLAN DESIGNATION:. Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 lE 04131); TAX LOT:-'3202; 6,399 square feet. The Community Development Director's decision becomes final and is effective on the 13'h 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. J cc: Parties of record and property owners within 200 ft i• c COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ` i A ww.ashIand.or.us SECTION 18.108.070(8)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 13' 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 opportunityto 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 decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. c. A eal. 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 12t' 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. f 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. C' COMMUNITY DEVELOPMENT DEPARTMENT Tel'. 541488-5305 51 Winbum Way Fax: 541-552-2050 k w o Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 1_ AS.BLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2013-00875 SUBJECT PROPERT'Y': 84 Nevada / Tax lot 3202 (reactivated lot) OWNER/APPLICANT: Suncrest Homes DESCRIPTION: A request for a Minor Land Partition to divide Tax Lot X202 into three separate parcels fronting onto Randy Street. Proposed Parcel E will be 7,206 square feet, Parcel F will be 6,927 square feet, and proposed Parcel G will be 7,066 square feet. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 lE 04BD; TAX LOT: 3202; SUBMITTAL DATE: June 20, 2013 DEEMED COMPLETE DATE: July 5, 2031 STAFF APPROVAL DATE: July 31, 2013 APPEAL DEADLINE DATE: August 12, 2013 FINAL DECISION DATE: August 13, 2013 APPROVAL EXPIRATION DATE: August 13, 2014 DECISION The subject property is a vacant, reactivated parcel formally a part of 84 West Nevada. Its located at the northwest corner of Helman and Randy Streets, and zoned R-1-5, Single-Family Residential. The Tract is approximately 22,000 square feet, slopes gently to the east at approximately 6 percent, and is void of any landscaping. Both Helman and Randy Streets are improved to city standards with curbs, gutters, and sidewalks, and three-foot parkrow along Helman Street. The applicant is requesting a minor land partition to split the property into three separate parcels. Proposed Parcel E will become 7,206 square feet, proposed Parcel F will become 6,927 square feet, and proposed Parcel G, the corner lot, will become 7,066 square feet. The R-1-5 zoning district has a minimum lot size of 5,000 square feet, and 6,000 for corner lots, in which all lots conform to this standard. Both proposed parcels have adequate capacity available within the Helman and Randy Street right-of-ways to serve the new parcels. In Staff's opinion, the partition request is an appropriate use of the vacant parcel; and that the future purposes of the lot will not be impeded due to the'proposed lot size is slightly above the minimum requirement for the zone, which eliminates the possibility of future lots being created. In addition, the proposal does not impede any adjoining property from developing. Therefore, the proposed Minor Land Partition complies with the minimum requirements in accordance with 18.76, and with the conditions below is 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. 8. 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. PA# 2013-00875 84 Nevada / Tax lot 3202 (reactivated lot)/MP Page l r 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. 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 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 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 maybe 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 2013-00875 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 2013-00875 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. Prior to signature of Final Plat: a. That all easements, including those relocated, for 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. b. 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. The utility plan shall include the location of connections. to all public PA # 2013-00875 84 Nevada / Tax lot 3202 (reactivated lot)INT Page 2 S facilities including the locations of water lines and meter sizes, fire hydrants, sanitary sewer lines, storm drain lines and electric services. C, That the location and final engineering for all storm drainage improvements associated with the project, shall be submitted for review and approval by the Departments of Public Works, Planning and Building Divisions prior to signature of the final survey plat. d. That the location, and final engineering for all storm drainage improvements associated with the project, shall be submitted for review and approval by the Departments of Public Works; Planning and Building Divisions prior to signature of the final survey plat. e. That the property owner shall sign in favor of local improvement districts for the future street improvements, including but not limited to sidewalks, parkrow, curb, gutter and storm drainage, for Randy Street prior to signature of the final survey plat. The agreement shall be signed and recorded concurrently with the final survey plat. £ That the electric service shall be installed underground to serve the three parcels prior F to signature of the final survey plat. At the discretion of the Staff Advisor, a bond may be posted for the full amount of underground service installation (with necessary permits and connection fees paid) as an alternative to installation of service prior to signature of the final survey plat. In either case, the electric service plan shall be reviewed and approved by the Ashland Electric Department and Ashland Engineering Division prior to installation. g. That the sanitary sewer laterals and water services including connection with meters at the street shall be installed for the three parcels prior to the signature of final survey plat. 3) That Building permit submittals shall include: a. Solar setback calculations demonstrating that all new construction complies with Solar Setback Standard A in the formula [(Height - 6)/(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifying the highest shadow producing point(s) and the height(s) from natural grade. b. A permit through the Engineering Division shall be required prior to installing the driveway access, and separated by other curb cuts by a minimum of 24-feet per City Street Standards. The driveway curb cuts shall be installed and inspected prior to the+ issuance of a building permit for either parcel. c. Lot coverage calculations including all building footprints, driveways, parking, and circulation areas. Lot coverage shall be limited to no more than 50 percent as required in AMC 18.20 B' Molnar, irector D e D artment f Community Development PA # 2013-00875 84 Nevada / Tax lot 3202 (reactivated lot)/NT Page 3 AFFIDAVIT OF AILING STATE OF OREGON ) County of Jackson j The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On July 31, 20131 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 #2013-00875 Tax Lot 3202, 84 W Nevada. Signature of Employee G:lcomm-devlplanninglForms & Handouts\Affidavit of Mailing-Planning Action Notice.doc .PA-2013-00875 391 E04BD 2000 PA-2013-00875 391 E04BD 2010 PA-2013-00875 391 E04BD 3400 ASHLAND FLOWERSHOP AND BINGHAM MICHAEL S/ELIZABETH BLACK MARJORIE LOVERING 744 HELMAN ST 50 W NEVADA ST TRUSTEE ET AL ASHLAND OR 97520 ASHLAND OR 97520 744 PALMERRD ASHLAND OR 97520 PA-2013-00875 391 E04BD 3300 PA-2013-00875 391 E04BC 109 PA-2013-00875 391 E04BD 3600 COLLINS WILLIAM T/SUSAN J DE BRUNO TONY/LOIS GIRARD BRENDAN 3095 HWY 66 130 W NEVADA STREET PO BOX 1192 ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00875 391 E04BD 3201 PA-2013-00875 391 E04BD 3700 PA-2013-00875 391 E04BC 115 MENEDES GLORIA MURPHY SUSAN-ANN ET AL NUTTER GUY B ROSSI/GEORGE PO BOX 5367 1037 PINECREST TER 1280 OAK ST FRAZIER PARK CA 93222 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00875 391 E04BD 3100 PA-2013-00875 391 E04BD 3000 PA-2013-00875 391 E04BD 2900 PEMBROKE INVESTMENTS LLC PRINCE MAURICE III/KATHLEEN SCHOOL DISTRICT 5 7685 ADAMS RD 101 RANDY ST 885 SISKIYOU BLVD TALENT OR 97540 ASHLAND OR 97520 !ASHLAND OR 97520 PA-2013-00875 391 E04BD 2002 PA-2013-00875 391 E04BD 3500 PA-2013-00875 391 E04BD 2008 THOMAS MARY JANE TROUTMAN MARY HELEN WILLIAMS GREGORY D 11462 PATOM DR 95 W NEVADA ST 744 HELMAN ST CULVER CITY CA 90230 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00875 391 E04BC 110 e PA-2013-00875 391 E04B 1100 PA-2013-00875 391 E04BC 114 WILLIAMS JEFFREY A/JANET C WILMA LLC WYSOCKI EDWARD J JR/ANNA H 108 NEVADA ST W 744 HELMAN ST 105 RANDY ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00875 391 E04BD 2009 PA-2013-00875 PA-2013-00875 ZIEMBA THOMAS DONALD Suncrest Homes LLC Jim Higgs 730 HELMAN ST PO Box 1313 1585 Siskiyou Blvd ,ASHLAND OR 97520 Talent OR 97540 Medford OR 97504 i George & Gloria Menedes } NOD 84 W Nevada 84 Nevada/Tax Lot 3202 21 Ashland, OR 97520 ~r r r ~ t O S ~ v 81 it f}f y y{Y t F t 1 0 1 t a r a 85 LU, r E a z EVA/ DA S /ISO:: 00 84 0 I t ~ Property lines ar< 0 510 20 Feet Planning Department, 51 Winbi Jay, Ashland, Oregon 97520 i CITY 541-488-5305 Fax:541-552-2050 www.ashland.orms TTY:1-800-735-2900 s NOTICE OF APPLICATION PLANNING ACTION: PA-2013-00874 SUBJECT PROPERTY: 84 Nevada / Tax lot 3201 (reactivated lot) OWNERIAPPLICANT: Suncrest Homes DESCRIPTION: A request for a Minor Land Partition to divide Tax Lot 3201 into two separate parcels fronting onto Helman Street. Proposed Parcel B will be 6,400 square feet; while proposed Parcel C will be 6,399 square feet, COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; NOTICE OF COMPLETE APPLICATION; July 5, 2013 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS; July 19, 2013 W NEVADA ST PA-2013-00874 _ 2-Lot Partition: Map 39 1E 04BD e< Tax Lot 3201 - z - - PA-2013-00875 - Q 3-Lot Partition: Map 39 1 E 04BD = Tax Lot 3202 = 744 RANDY ST N Property tines arefor reference only, not scateabte 012.525 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 not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040) 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. G:\comm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2013\PA-2013-00874 84 Nevada 3201.doc. MINOR LAND PARTITION CRITERIA Section 18.76,050 Preliminary Approval 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. 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 2836,1999) 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. 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 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. H. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. (ORD 2951, 2008) GAcomm-dev\planning\Planning Actions\Noticing FolderWalled Notices R Signs\2013\PA-2013-00874 84 Nevada 3201.docx PA-2013-00874 391 E04BD 2000 HA-2013-00874 391 E04BD 2010 rA-2013-00874 391 E04BD 3400 ASHLAND FLOWERSHOP AND BINGHAM MICHAEL S/ELIZABETH BLACK MARJORIE LOVERING 744 HELMAN ST 50 W NEVADA ST TRUSTEE ET AL ASHLAND OR 97520 ASHLAND OR 97520 744 PALMER RD ASHLAND OR 97520 PA-2013-00874 391 E04BD 3300 PA-2013-00874 391 E04BD 3600 PA-2013-00874 391 E04BD 3200 COLLINS WILLIAM T/SUSAN J GIRARD BRENDAN MENEDES GLORIA ROSSI 3095 HWY 66 PO BOX 1192 1280 OAK ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00874 391 E04BD 3700 PA-2013-00874 391 E04BD 3100 PA-2013-00874 391 E04BD 3000 MURPHY SUSAN ANN ET AL PEMBROKE INVESTMENTS LLC PRINCE MAURICE III/KATHLEEN PO BOX 5367 7685 ADAMS RD 101 RANDY ST FRAZIER PARK CA 93222 TALENT OR 97540 ASHLAND OR 97520 PA-2013-00874 391 E04BD 2900 PA-2013-00874 391 E04BD 3500 PA-2013-00874 391 E04BD 2008 SCHOOL-DISTRICT 5 TROUTMAN MARY HELEN WILLIAMS GREGORY D 885 SISKIYOU BLVD 95 W NEVADA ST 744 HELMAN ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 i PA-2013-00874 391 E04BC 110 PA-2013-00874 391 E04B 1100 PA-2013-00874 391 E04BD 2009 WILLIAMS JEFFREY A/JANET C WILMA LLC ZIEMBA THOMAS DONALD j 108 NEVADA ST W 744 HELMAN ST 730 HELMAN ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 t PA-2013-00874 PA-2013-00874 Suncrest Homes LLC Jim Higgs 84 W Nevada Lot 3201 PO Box 1313 1585 Siskiyou Blvd 17 Talent OR 97540 Medford OR 97504 7-5-13 1400 I I IOU 35 ~ 3700 ra 1i s~ V., N E'vA.DA ST 3300 32-01 114, a 3100 -3202 2a ns~.a °YST 2001 i7J V N. L Z-H-u WednPSCiav July 03 2012 59 .59 PM Application for 2 lot partition The subject parcel is map 39 lE 04 BD Tax lot 3200 which is a.99 acre parcel made up of 3 legal tax lots a short explanation provided by surveyor Jim Hibbs of Friar & Associates follows. Please refer to the attached exhibit 1 while reading the following it will help make sense -the original parent tracts of Williams Subdivision Unit No. 1, Benner Subdivision and Tract 3 were all owned by Clarence Williams. On the attached assessor's map Tracts 1 & 2 were created by Williams Subdivision Unit #1 in October 1965 (Tract 1 is Lot 8 and Tract 2 is Lot 9). Tract 3 was created when Mr. Williams sold this tract along with Tracts 1 & 2 to East Side Church of Christ (Doc. 67-01890, ORJCO). In February, 1978, Mr. Williams platted Benner Subdivision with the East line of Benner Subdivision being the West line of Tract 3. What it boils down to is that Tract 3 is a remnant of Mr. Williams's property after the platting of Williams Subdivision Unit No. 1 on the North and Benner Subdivision on the West. This application is the request to create two lots from tract 2 this request also included two lot line adjustments. The first requested lot line adjustment is for the moving the Easterly boundary of tract 1 West 7.77 feet, this will make tract 2 100' feet deep from Helman while still leaving tract 1 with a width along Nevada of 81.19' and 82.19' across the back. The second lot line adjustment is this new 100' deep southerly boundary of tract 2 south approximately 7.3' to the South which will make tract 2 128' wide along Helman Street. Tract 3 will be left with over 112' of depth from Randy Street. It is with these dimensions of 100' deep and 124' wide along Helman that the applicant is requesting a lot split of tract 2 into 2 lots I I 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 remainder piece, with the completion of this partition and an additional partition submitted for there are no other tracts of land, B. The development of the remainder of any adjoining land or access thereto will not be impeded. With the requested lot line adjustments Tract 1 will be at least 81' wide and retain its original depth of approximately 118' deep and a lot square footage of 9,853 all of which meets current R-1-5 standards. Tract 3 will have its original 183.3' of frontage along Randy St. and a depth of 112.73' along ti Holman Street. Tract 3 is also be 21,198 Sq. Ft. in size, for a more in depth look please refer to the submitted partition submitted for tract 3. 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 18.88, Performance Standards Options. (Ord 2836 S8, 1999) This tract of land is in the unique position of being surrounded on three sides by existing city streets so all the street design has already taken place. City sidewalks already exist on along both Holman & Nevada streets. The applicant is proposing a shared driveway for the two proposed lots facing Holman. The applicant has also shown that with the submitted configuration there is still off street parking in front of both lots along Helman street 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. The property is currently served by a 12" sanitary sewer in Holman Street the engineered plans from KAS & Associates show where the sewer lateral would provide service to the 2 lots; the plans have been discussed with Pieter Smeenk from the engineering department. The property is currently served by a 12" sanitary sewer in Holman Street the engineered plans from KAS & Associates show where the sewer lateral would provide service to the 2 lots; the plans have been discussed with Pieter Smeenk from the engineering department. The property is currently an 18" sanitary storm drain line in Helman Street the engineered plans from KAS & Associates show the storm drainage plan for the 2 lots, the plans have been discussed with Pieter Smeenk from the engineering department. The submitted plans from KAS & Associates show the electrical plan that was discussed with Dave Tigerson of the City of Ashland electrical department. This plan also includes cable and telephone. 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. Both Nevada and Helman streets are already in and meet 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. All streets fronting the subject parcels are fully paved and developed with curb and gutter. H. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. No alley exists or is proposed with this application. 18.61.200 Tree Protection Tree Protection as required by this section is applicable to any planning action or building permit. There are no trees to protect on tract 2 even after the lot line adjustments. Controlled Access/Consolidate Driveways: The applicant is proposing a shared driveway for the two proposed lots facing Helman St. please the submitted plans for driveway location and associated off street parking available in front of both lots along Helman Street. The existing driveway along Helman is to be removed. There are no flag lots with this application. Lot Coverage's: The lot coverage allowed in the R-1-5 zoning is 50% the submitted lots sizes would provide for 3,199 sq. ft. of lot coverage for 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 curb and sidewalk are all already installed along both Nevada and Helman so the street tree requirement of 1 for every 30' of frontage will be meet at time of completion of a home on each lot. Solar Set Back The solar set back standard "A" shall apply to this project, because Nevada St. sits to the North only parcel C on the submitted map is directly affected by the following solar set backs. The slope on the property runs from West to East with no negative slope to the North so the formula that was used is as follows:.445 which is divided into the maximum height less 6' to determine the solar set back from the North property line. Please see map for solar envelope for Parcel "C". Other issues involved with the Minor Land Partition: The submitted plans show an existing 10' wide utility easement along Southerly boundary of tracts 1 & 2, the problem is that the only utility using it is a telephone line and it was installed 2'- 3' outside of the easement to the South. 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III 3 ~ f I z - - - - - ~ 133tllS Ntfl"113H w a o ~ ra I _ z a =eo ~e m 0 1 I I z a 1 ! ~ (Z j 1 i 1 R eoy Planning Division 2DNNG PERMTAPPUCAMON C I T Y OF 51 Wmbum Way, Ashland OR 97520 RLE -ASHLAND 541-488-5305 Fax 541-486006 F DEscmp-ncN aF PRCUECT Lo fi Parfi filtati DESCMPTICN CF PRCPERTY Pt"ng LEEDA)Certnccation? ❑ YEs ❑ NO Street Adct-ess S H X 1-f `Vgd(5;i Assessor's NbNo. 391E O LI OP ~O ~n1p Tax Lot(s)/n~ 3 Zoi~ng 1~ ° ®s Camp Plan Designation IC - S APPLICANT Name SG(t -tiS r `eS EGG phase Ewl _C4a44o;r1ori;t2 c Adcress P c'7 e° k 3 G M Qty_ -f-gl-0Nr- Zip 4'5'vc• PR TY OMER Name 6 ,e- / X- 1 ~ral!'a M` eof~ pSha,e (3 ~ 7) 7 `Fq - S E Nt~il LI0 A,#ess w. f -PyRG~~ City ~ Akau( Zip Ci 7S ) 49 VEYM ENGINEER, ARCHIECT, LANDSCAPE AROVECT Cstir ) Title S (4i Veclo/ Name d:#%41 -Phone-7-7)--'27S1- E Wil (Tam-S gJ c m Addiss S ~S s K~ yea l3ivot. City /Lt ,ea ~F.io1 Zp 9 7,5'c L( ti Title EiL~9iNP-~/ Name Sc- Pi/1 t -e Phone '7 7 S To 7 E Nhil Adct-ess 3d ~ S . K~ f l y city /in Poi r-vpf Zip q -7Sd ! hereby 'that the sta nenfs and nfomi r catainad in this appr i indrxing the enc and tie tapred fnIngs orfxt, are in aff rs ts, true Od caRect 1 urAlersb7d U7at aii property pars mist be sheen on the cJrazrgs and vises upon fire slee ffispectim In the everttlo pins are nctshwa cvtheir locaton found to be irrc~the water assynas ftd responsbMy. i frdtirer undem x that rf thls mqr ast is s bwq)ertly aorrtesteq the &4den mill be on ne to astah6°str. 1) Ux t l pWjced su/frcreat factaet evrderM at the fixing to strWW tits req*st 2) that the fndngs affect fta~u'sfx d jusftfm the cgadM cfthe mqm~ 3) that the fin ngs cf fact ftmushed by rrL~are.adequ , arrci further 4) that all stnx trxas orhPmvernerfs ate p°cpadykinIed cn the g omd Fafte bn this regard wff May er nct bang set as,Yie, bet afso possbly m my sinxtuies bemg be rem ed e t n y an 1 ama~i✓lsed to seek cwpae rtptrassvow act and asm&a bolt in reliance thereon being r rbed to S-3r- i3 Appl !cant' Sig ure Cate As avr" 'io fy imdwd in this reqwst l have read and clod ft oaMiefe agotabw and is MmWarxaes to rr as a prq~erty cmer, PropertyQhMes Si"Ure (retired) Date F0 be caMkted b/ Qty seff] Date Received Zoning Permit Type Filing Fee $ Cl;vER G: k0mm-devlplanningTomns & HandoutslZoning Pemiit Ap*afion.doc Job Address: 84 NEVADA ST W Contractor: ASHLAND OR 97520 Address: C A Owner's Name: GEORGE & GLORIA MENDES 0 Phone: P Customer 06311 N State Lie No: P SUNCREST HOMES T City Lie No: Applicant: PO BOX 1313 R Address: TALENT OR 97540 A C C Sub-Contractor: A Phone: (541) 944-3799 T Address: N Applied: 06/20/2013 0 T Issued: Expires: 12/17/2013 R Phone: State Lie No: Maplot: 391E04BC103 City Lie No: DESCRIPTION: Two Lot Partition VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description I Total for Valuation: MECHANICAL ELECTRICAL STRUCTURAL PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Land Partition (type 1) 1,112.00 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 CITY OF Inspection Request Line: 541-552-2080 ~ Planning Department, 51 Wink, Jay, Ashland, Oregon 97520 I i Y e 541-488-5305 Fax:541-552-2050 www.ashland.or.us TTY:1-800-735-2900 - NOTICE OF APPLICATION PLANNING ACTION: PA-2013-00875 SUBJECT PROPERTY: 84 Nevada / Tax lot 3202 (reactivated lot) OWNER/APPLICANT: Suncrest Homes DESCRIPTION: A request for a Minor Land Partition to divide Tax Lot 3201 into three separate parcels fronting onto Randy Street. Proposed Parcel E will be 7,206 square feet, Parcel F will be 6,927 square feet, and proposed Parcel G will be 7,066 square feet. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1.5; ASSESSOR'S MAP: 391E 04BD; TAX LOT: 3202; 6,399 square feet. NOTICE OF COMPLETE APPLICATION; July 5, 2013 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: July 19, 2013 i W NEVADA ST PA-2013-00874 50 2-Lot Partition: Map 39 1E 04BD 84 4 Tax Lot 3201 z PA-2013-00875 < 3-Lot Partition w Map 39 1 E 04BD _ Tax Lot 3202 1741 RANDY ST N' property Imes arefor reference only, not scaleable 012.T5 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 not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040) 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. Gdcomm-dev\planning0anning Actions\Noticing Fotder\Mailed Notices R Signs\2013\PA-2013-00875 84 Nevada 3202.doc% MINOR LAND PARTITION CRITERIA Section 18.76.050 Preliminary Approval 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. 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 2836,1999) 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. 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 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. H. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. (ORD 2951, 2008) I I it I I GAcomm-de0planning\Flanning Actions\Noticing FolderWailed Notices & Signs\2013TA-2013-00875 84 Nevada 3202.docx i PA-2013-00875 391 E04BD 2000 PA-2013-00875 391 E04BD 2010 NA-2013-00875 391 E04BD 3400 ASHLAND FLOWERSHOP AND BINGHAM MICHAEL S/ELIZABETH BLACK MARJORIE LOVERING 744 HELMAN ST 50 W NEVADA ST TRUSTEE ET AL ASHLAND OR 97520 ASHLAND OR 97520 744 PALMER RD ASHLAND OR 97520 PA-2013-00875 391 E04BD 3300 PA-2013-00875 391 E04BC 109 PA-2013-00875 391 E04BD 3600 i COLLINS WILLIAM T/SUSAN J DE BRUNO TONY/LOTS GIRARD BRENDAN 3095 HWY 66 130 W NEVADA STREET PO BOX 1192 ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00875 391 E04BD 3201 PA-2013-00875 391 E04BD 3700 PA-2013-00875 391 E04BC 115 MENEDES GLORIA MURPHY SUSAN ANN ET AL NUTTER GUY B ROSSI/GEORGE PO BOX 5367 1037 PINECREST TER 1280 OAK ST FRAZIER PARK CA 93222 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00875 391 E04BD 3100 PA-2013-00875 391 E04BD 3000 PA-2013-00875391 E04BD 2900 PEMBROKE. INVESTMENTS LLC PRINCE MAURICE III/KATHLEEN SCHOOL DISTRICT 5 7685 ADAMS RD 101 RANDY ST 885 SISKIYOU BLVD TALENT OR 97540 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-Op875 391 E04BD 2002 PA-2013-00875 391 E0413D 3500 PA-2013-00875 391 E04BD 2008 THOMAS MARY JANE TROUTMAN MARY HELEN WILLIAMS GREGORY D 11462 PATOM DR 95 W NEVADA ST 744 HELMAN ST CULVER CITY CA 90230 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00875 391 E04BC 110 PA-2013-00875 391 E04B 1100 PA-2013-00875 391 E04BC 114 WILLIAMS JEFFREY A/JANET C WILMA LLC WYSOCKI EDWARD J JR/ANNA,H 108 NEVADA ST W 744 HELMAN ST 105 RANDY ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00875 391 E04BD 2009 PA-2013-00875 PA-2013-00875 ZIEMBA THOMAS DONALD Suncrest Homes LLC Jim Higgs 730 HELMAN ST PO Box 1313 1585 Siskiyou Blvd ASHLAND OR 97520 Talent OR 97540 Medford OR 97504 NO 84 Nevada/Tax Lot 3202 21 i i I -too ~i L~ 3~ 329 Its 114 31 I YST i i zz Ma: WPdnPSdav July 03 9013 3.15.59 PM Application for 3 lot partition The subject parcel is map 39 1E 04 BD Tax lot 3200 which is a .99 acre parcel made up of 3 legal tax lots a short explanation provided by surveyor Jim Hibbs of Friar & Associates follows. Please refer to the attached exhibit 1 while reading the following it will help make sense -the original parent tracts of Williams Subdivision Unit No. 1, Benner Subdivision and Tract 3 were all owned by Clarence Williams. On the attached assessor's map Tracts 1 & 2 were created by Williams Subdivision Unit #1 in October 1965 (Tract 1 is Lot 8 and Tract 2 is Lot 9). Tract 3 was created when Mr. Williams sold this tract along with Tracts 1 & 2 to East Side Church of Christ (Doc. 67-01890, ORJCO). In February, 1978, Mr. Williams platted Benner Subdivision with the East line of Benner Subdivision being the West line of Tract 3. What it boils down to is that Tract 3 is a remnant of Mr. Williams's property after the platting of Williams Subdivision Unit No. 1 on the North and Benner Subdivision on the West. The applicant has in a different application submitted for a partition of tract 2 into two lots also includes two lot line adjustments the first being moving the Easterly boundary of tract 1 West 7.77 feet, this will make tract 2 100' feet deep from Helman while still leaving tract 1 with a width along Nevada of 81.19 and 82.19 across the back. The second lot line adjustment is this new 100' deep southerly boundary of tract 2 south approximately 7.3' to the South which will make tract 2 128' wide along Helman Street. Tract 3 will be left with over 112' of depth from Randy Street. Applicant desires to partition the tract 3 into 3 individual lots. 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 remainder piece there is no additional land. B. The development of the remainder of any adjoining land or access thereto will not be impeded. This tract of land is the remainder piece to be developed and will not impeded the developing of any other parcel C. The tract of land has not been partitioned for 12 months. The tract 3 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 18.88, Performance Standards Options. (Ord 2836 S8, 1999) This tract of land is in the unique position of being surrounded on three sides by existing city streets so all the street design has already taken place. City sidewalks already exist on along both Helman & curbs and gutters are already in along Randy street. The applicant is proposing to install a 6' plant strip and a new 5' sidewalk along Randy street. This new sidewalk connection is a very important facet, because of the proximity to Helman school, this sidewalk connection is the last missing piece for pedestrian connectivety in this area. Since Randy is neither a collector nor arterial no shared driveways are required, the applicant has shown on the submitted plat compliance with the 24' separation requirement between driveways 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. The property is currently served by a 12" sanitary sewer in Helman Street the engineered plans from KAS & Associates show where the sewer laterals would provide service to the 3 lots; the plans have been discussed with Pieter Smeenk from the engineering department. The property is currently served by a 6" water main in Helman Street and a 6" main in Randy St. the engineered plans from KAS & Associates show the location for service lines to each of the 3 lots; the plans have been discussed with Pieter Smeenk from the engineering department. The property is currently an 18" sanitary storm drain line in Helman Street the engineered plans from KAS & Associates show the storm drainage plan for the 3 lots. In addition the applicant has provided the engineering data for the storm water detention please see section from Kas & associated for a more t detailed analysis; the plans have been discussed with Pieter Smeenk from the engineering department. The submitted plans from KAS & Associates shows the electrical plan that was discussed with Dave Tigerson of the City of Ashland electrical department. This plan also includes cable and telephone. 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. Both Helman and Randy streets are already in and meet city standards, with the addition of the applicants proposed sidewalk and plant strip along Randy Street. 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. All streets fronting the subject parcels are fully paved and developed. H. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. No alley exists or is proposed with this application. C6 18.61.200 Tree Protection Tree Protection as required by this section is applicable to any planning action or building permit. There are no trees to protect on tract 2 even after the lot line adjustments. Controlled Access/Consolidate Driveways: Since Randy is neither a collector nor arterial no shared driveways are required, the applicant has shown on the submitted plat compliance with the 24' separation requirement between driveways. The driveway on parcel G is shown to be 50' away from the curb line of Helman Street. The driveway on Parcel E is shown to be 24' away from the neighbor to the West driveway. Lot Coverage's: The lot coverage allowed in the R-1-5 zoning is 50% the submitted lots sizes would provide for between 3,463 and 3,600 sq. ft. of lot coverage for 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 curb and sidewalk are all already installed along both Nevada and Helman so the street tree requirement of 1 for every 30' of frontage will be meet at time of completion of a home on each lot. Solar Set Back The solar set back standard "A" shall apply to this project since Northerly property boundary is to rear yard and the lots being over 110' deep it is easy to comply with the solar set back "A". The slope on the property runs from West to East with no negative slope to the North so the formula that was used is as follows:.445 which is divided into the maximum height less 6' to determine the solar set back from the North property line. Please see submitted map for solar envelopes for the 3 three lots. 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 A A i~ W ~z °a I pKp,b 1 Q~ I ~ I R'V I Ids I I ~ ~ JVroal 6F dtl11 Sis m, ~ I I I 0 'I I AI x G ENE j I uw tlu 1 la ! I ~ .v O ~ J '~`1 r I I m~ r~ °u' I ~ - a ~ / vu tlv I I R ®r ~H I i - CI o ~'o y'Gi~ e 3 e 11 >A~\i~ j~ ~ ` I ~ 1-- 'py lox oY ! 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G YES G NO DEMIMIM PRCPERTY Street Adcwess D y W . ✓V Assessor's Nkbp No. 391E Q q V ® Tax Lot(s) Zoning a ° 1 -5 Comp Plan Designation ® s APPLICANT Name Sfi(f('C/'$ r Llv lle t tC Phone ~q/) '11(1(-3 q 7& E Kuj c4arlre If MI'Irava2 7 ?-eP Adtt'ess o Q~k 13 13 city tc? Zip g !7seC PIRCIPERTYMAM 'q M ec(-e Name Phone (3't7.) E 1 _ Dml G10 odd- ('NG 1>1111'I . C®M Adtt-ess (i 9 (Al . 114Vgag city Zip C17S')V AR TECT; LANDSCAPEARCHTECT (5,41) Title < Gyf yeN491' Name (T' M Phone '7-7 9-' 2'7 ~ 2 E -Will Tom-q6? Cam Adttess (T $S SrS f7i yr~~l GIM. city /1/j•Pmf f4,o/ Zjp 97$®L( ao Title E1t9i1Ve41- Name Sca- PLt I-e Phone 77;•-S20 7 E Wil Atktess LO`' City-./ 2 ed (~-m Zip e-y ?Sc;, I hereby c atlfyth& the statements and frtfa ndm confainedin this applxx M nx/txft the encbsed ckavwp ax! the tegenied findYwn offact, a me in afl re;wds, true and oxrect. I understand that af1propetty pins nest be sh,%m on the ckambigs aril wsM ttpon the 0e inspector In the event the pins are rd shown ortheir baton found to be f raved, the any asstmm full raspom hrfly 1 further undmtand that I thn test is subseq-4--ttly mntesteq the burden mall be on me to ssta( M.- 1) that IproducedsufficbntWuaf mcerxte et the haanngtos4*xytthis WAast; 2) that the frndngs of fact fwwhgd jtdifm the ga4M ofthe rest, 3) that the frfick s of fart fmwhedby me ate e, and further 4) that atl sketaes orarpmvemrts ate p wtiy`lc~c fe~ddoonthe g om;d Falme in this reg?jd wll likelyin rot es f set aside, but afso possk* in my staxtutes Being bw7f m t~rx~ theteon being reW edto be temp d~ my e 1 emadrissedto seek cmWent proibssional ad✓ioe and assistace m f3 is arYt' Sjg ure Date As ow w cf UL-prnperfy imdved in this rem 1 hate read and wxbrdood the conpUe gpplkahon and Is cotzseWaxes to me as a prcpety oVVw. f Property Cimmes Sl ure (required) Date - ~ Fro be carpleted bl Qty Staf] Date Received Zoning Petrnit Type Fling Fee $ CIO (BIER 0 G:'Loram-dMphnningTom~ &HandoutAZoningPenuitAppticafion.doc Job Address: 84 NEVADA ST W Contractor: ASHLAND OR 97520 Address: C A Owner's Name: GEORGE & GLORIA MENDES P Phone: 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: 06/20/2013 0 T Issued: R Expires: 12/17/2013 Phone: State Lic No: Maplot: City Lic No: DESCRIPTION: three Lot Partition 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 Land Partition (type 1) 1,177.00 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