HomeMy WebLinkAboutPrim_708_PA-2016-01001
CITY
ASHLAND
July 15, 2016
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Notice of Final Decision
On July 13, 2016, the Community Development Director approved the request for the following:
Planning Action: PA-2016-01001
Subject Property: 708 Prim Street
Applicant: Charlie Hamilton
Description: A request to divide the .64 acre (27,878) square foot R-1-7.5 lot adjacent to Prim
Street into two residential lots. COMPREHENSIVE PLAN DESIGNATION: Single Family
Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 lE 15AC; TAX LOT 709.
The Community Development Director's decision becomes final and is effective on the 12' day after the
Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of
approval identified on the attached Findings are required to be met prior to project completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51 Winburn Way.
Copies of file documents can be requested and are charged based on the City of Ashland copy fee
schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a
reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F)
and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The
ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be
made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Cory Darrow in the Community
Development Department at (541) 488-5305.
cc: Property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305
51 Winburn Way Fax: 541-552-2050 f \
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
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SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department 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.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the 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 days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. 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.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of
this subsection, 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. If an appellant prevails at the
hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall
contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. 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.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before
the Planning Commission. The appeal shall not be limited to the application materials, evidence and other
documentation, and specific issues raised in the review leading up to the Type I decision, but may include other
relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument
concerning any relevant ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305
51 Winburn Way Fax: 541-552-2050 I '_;7
Ashland, Oregon 97520 TTY: 800-735-2900 1
www.ashland.onus ( .
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION 2016-01001
SUBJECT PROPERTY: 708 Prim Street
OWNER/APPLICANT: Charlie Hamilton
DESCRIPTION: A request to partition the 27,555 square foot (.64 acre) R-1-7.5 lot adjacent to Prim
Street into two residential lots.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5;
ASSESSOR'S MAP: 39 lE 15AC; TAX LOT 709
SUBMITTAL DATE: May 26, 2016
DEEMED COMPLETE DATE: June 8, 2016
STAFF APPROVAL DATE: July 13, 2016 E
DEADLINE TO APPEAL (4:30 p.m.): July 27, 2016
FINAL DECISION DATE: July 28, 2016
APPROVAL EXPIRATION DATE: January 28, 2018
DECISION
Planning Staff is supportive of the application to partition the property. The proposal will create lots conforming
to the requirements of the R-1-7.5 zone and all applicable neighborhood plans. At the time of lot's creation
through Planning Action 2014-00969, it was noted by staff that [it] "is a larger parcel and it does have the
possibility to be divided at a later date into two additional parcels".
The application materials the request is for a two lot partition of a 27,555 square foot (.64 acre) parcel near
Sheridan and Prim (39 lE 05 BD, TL709). The parcel is zoned single-family residential (R-1-7.5) and is
characterized by a fairly even 18% slope to the north. Proposed parcel one is 12,000 square feet and proposed
parcel two is 15,755.
In considering the Partition request, the first criteria for Partition approval is that, "The future use for urban
purposes of the remainder of the tract will not be impeded. Due to the topography of the lot, the lack of a through
street and the overall character of the neighborhood, staff supports the division of the lot into two parcels even
though the underlying zone would allow for three lots to be created. Staff believes that the two proposed lots
would be good candidates for the addition of Accessory Residential Units (ARU's) in the future.
The second criteria for Partition approval is that, "the development of the remainder of any adjoining land or
access thereto will not be impeded". As proposed, the development will not impede the development of any
adjoining land as all parcels adjoining the property have been developed and are not currently candidates for
further partitions.
The third criteria for Partition approval is that the proposal conforms to applicable City-adopted neighborhood or
district plans, if any. There are no City-adopted neighborhood or district plans affecting this property.
The fourth criteria for Partition approval is that the tract of land has not been partitioned for 12 months. The
applicant notes, and city and county records confirm, that the subject parcel has not been partitioned in the last 12
months.
The fifth criteria is that "proposed lots conform to the requirements of the underlying zone, per part 18.2, any
applicable overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4. The
proposal meets all underlying zone requirements.
The sixth criteria is that "accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area
Design. The proposal meets all applicable vehicle area design standards, including Preliminary Flag Lot Partition
Plat Criteria (See 18.5.3.060).
PA-2016-01001
708 Prim Street/ CD
Page 1
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The seventh criteria is that "The proposed streets, utilities and surface water drainage facilities conform to the
street design standards and other requirements in part 18.4 and allow for transitions to existing and potential
future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and
dedications. All required utilities have been installed at the location at the time of the previous partition.
18.5.3.050 Preliminary Partition Plat Criteria
The approval authority shall approve an application for prelinzinmy partition plat approval only where all of the
following criteria are met.
A. The future use for urban purposes of the remainder of the tract will not be impeded.
A The development of the remainder of any adjoining land or access thereto will not be impeded.
C. The partition plan conforms to applicable City-adopted neighborhood or district plans, if any, and any
previous land use approvals for the subject area.
D. The tract of land has not been partitioned for 12 months.
E. Proposed lots conform to the requirements of the underlying zone, per°part 18.2, any applicable overlay zone
requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and
access, tree preservation, solar access and orientation).
F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See also,
18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria.
G. The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and
other requirements in part 18.4, and allow for transitions to existing and potential future development on
adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications.
H. Unpaved Streets.
1. Minimum Street hnprovenzent. When there exists a 20 foot wide access along the entire street frontage of
the parcel to the nearestfully 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.
2. Unpaved Streets. The Public Works Director may allow an unpaved street for access for a 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. The
City may require the street to be graded (cut and filled) to its standard physical width, and surfaced as
required in chapter 18.4.6 prior to the signature of the final partition plat by the City.
b. The centerline grade on any portion of the unpaved street does not exceed ten percent
c. The final elevation of the street shall be established as specified by the Public Works Director except
where the establishment of the elevation would produce a substantial variation in the level of the road
surface. In this case, the slope of the lot shall be graded to meet the final street elevation.
d. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to
participate in the costs and to waive the rights of the owner of the subject property to remonstrate both
with respect to the owners agreeing to participate in the cost offull street improvements and to not
remonstrate to the formation of a local iniprovenrent 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.
I. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and
prohibited from the street.
T. Required State and Federal permits, ass applicable, have- been obtained or cart reasonably be obtained prior to
development.
K. A partition plat containing one or more flag lots shall additionally meet the criteria in section 18.5.3.060.
18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria
The approval authority shall approve a preliminary plat application for a flag lot partition only where all of the
following criteria are nret.
PA-2016-01001
708 Prim Street/ CD
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A. The criteria of section 18.5.3.050 are met.
E. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area,
niust meet the minimum square footage requirements of the zoning district.
C. Flag drives shall be in the same ownership as the flag lots served. Where two or more lots are served by the
same flag drive, the flag drive shall be owned by one of the lots and an easement for access shall be granted to j
the other lot or lots.
D. Except as provided in subsection 18.5.3.060.H, below, the flag drive serving a single flag lot shall have a
n7inimum width of 15 feet and contain a 12 foot wide paved driving surface. For drives serving two flag lots,
the flag drive shall be 20 feet wide, with a 15 foot wide driving surface to the back of the first lot, and a 12 foot
wide driving surface to the rear lot. Drives shared by adjacentproperties shall have a width of 20 feet, with a
15 foot paved driving surface. Width shall be increased on turns where necessary to ensure fire apparatus
remain on a paved surface during travel.
E. Curb cuts have been minimized, where possible, through the use of common driveways. No more than hi o flag
lots are served by the flag drive.
F. Flag drive grades shall not exceed a maximum grade of 15 percent. Variances niay be granted for flag drives
for grades in excess of 15 percent but no greater than 18 percent for not more than 200 feet. Such variances
shall be required to meet all of the criteria for approval in chapter 18.5.5 Variances.
G. Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other public ways.
H. Flag lots adjacent to an alley shall meet all of the requirements of this section, except that.,
1. Vehicle access shall be froni the alley only where required as a condition of approval.
2. No screening and paving requirements shall be required for the flagpole.
3. A four foot pedestrian path shall be installed within the flagpole and improved and maintained with either
a concrete, asphalt, brick, or paver block surface connecting the street to the buildable area of the flag lot.
4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at the street shall be
identified by the address of the flag lot clearly visible from the street on a four-inch by four-inch post that
is 3 % feet high. 777e post shall be painted white with black numbers three inches high running vertically
down the front of the post. For flagpoles serving two or more dwellings, the addresses of such dwellings
shall be on a two foot by three foot white sign clearly visible fi°om the street with three-inch black numbers.
I. Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the Oregon Fire Code
and subject to all requirements thereof.
J. When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a turnaround
(see Figure 18.4.6.040. G. 5). The StaffAdvisor, in coordination with the Fire Code Official, may extend the
distance of the turnaround requirement up to a maximum of 250 feet in length as allowed by Oregon Fire Code
access exemptions.
K. Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles backing out.
L. There shall be no parking within ten feet of the centerline of the drive on either side of the flag drive entrance.
M. Flag drives serving structures greater than 24 feet in height, as defined in part 18.6, shall provide afire work
area of 20 feet by 40 feet clear of vertical obstructions and within 50 feet of the structure. The fire work area
requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system
installed.
N. Both sides of the flag drive have been screened with a site-obscuring fence, wall or evergreen hedge to a
height of from four to six feet, except in the front yard setback area where, starting five feet from the property
line, the height shall be from 30 to 42 inches in. the remaining setback area. Such fence or landscaping shall be
placed at the extreme outside of the flag drive in order to ensure adequate fare access.
0. The applicant has executed and filed with the Community Development Department an agreement between
applicant and the City for paving and screening of the flag drive. Such an-agreement shall sped the period
within which the applicant, or agent for applicant, or contractor shall complete the paving to standards as
specified by the Public Works Director and screening as required by this section, and providing that if
applicant should fail to complete such work within such period, the City may complete the same and recover
the full cost and expense thereof from the applicant. An agreement shall also provide for the maintenance of
the paving and screening pursuant to this section, and assurance ongoing maintenance.
PA-2016-01001
708 Prim Street/ CD
Page 3
P Flag lots shall be required to provide a useable yard area that has a aninianal dimension of 20 feet wide by 20
feet deep. As used in this chapter, the terfu "useable yard area" paeans a private yard area which is
unobstructed by a structure or autoanobile frown the ground upward.
The application with the attached conditions complies with all applicable City ordinances.
Planning Action 2016-01001 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 2016-01001 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 modified here. j
2) The flag driveway shall be paved to a minimum width of 12 feet for its full length, and a 15-foot clear width
to a height of 13-%2 feet shall be maintained for the full length of the driveway; the driveway surface shall be
capable of supporting 44,000 pounds for it full length; the driveway shall be constructed so as to prevent i"
drainage from flowing over sidewalks or other public ways; underground utilities shall be installed beneath
the driveway and any necessary easements identified on the final survey plat; the flag drive shall be screened
with a site-obscuring fence, wall or evergreen hedge in accordance with 18.76.060.E; an agreement
providing for the perpetual maintenance of the paving and screening of the shared driveway to City standards
shall be signed, notarized, and recorded; and the curb shall be painted to prevent parking for ten feet on
either side of the driveway entrance.
LMoInar, ► 3,
ector D ate
ommunity Development
PA-2016-01001
708 Prim Street/ CD
Page 4
AFFIDAVIT OF MAILING
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STATE OF OREGON )
County of Jackson )
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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 15, 2016 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 #2016-01001, 708 Prim.
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Signature of Employee
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DocumenQ 7/15/2016
PA-2016-01001 391 E05BD 707 PA-2016-01001 391 E05BD 501 PA-2016-01001 391 E05BD 801
ARMSTRONG PATRICIA BELCASTRO PETE J/CHRISTINE BLUE MARIPOSA LLC
695 WALNUT ST 447 MONTE VISTA DR 2532 OLD MILL WAY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
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PA-2016-01001 391 E05BD 403 PA-2016-01001 391 E05BD 2205 PA-2016-01001 391 E05BD 802 L'
DICKEY TERRY P TRUSTEE ET AL DUTSON VAL J TRUSTEE ET AL ELL MARK G/JANET M
465 SHERIDAN ST 725 PRIM ST 465 TUCKER ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01001 391 E05BD 402 PA-2016-01001 391 E05BD 2206 PA-2016-01001 391 E05BD 708
HALDERMAN MICHAEL J TRUSTEE HAMER JULIAN TRUSTEE ET AL HAMILTON CHARLIE
445 SHERIDAN ST 491 TUCKER ST PO BOX 1313
ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540
PA-2016-01001 391 E05BD 1000 PA-2016-01001 391 E05BD 2207 PA-2016-01001 391 E05BD 703
HILL ADRIENNE J KATZ DAVID/CATHLEEN LENK MARTIN C/KAREN L YOUNG
667 WALNUT ST 481 HERBERT ST 410 SHERIDAN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01001 391 E05BD 1600 PA-2016-01001 391 E05BD 702 PA-2016-01001 391 E05BD 1700
LESSMEIER MICHAEL L TRUSTEE ET AL LUBLINER IRVING ET AL MADSON LOIS L
448 TUCKER ST 1351 PONDEROSA 4619 SIERRA MADRE RD
ASHLAND, OR 97520 ASHLAND, OR 97520 SANTA BARBARA, CA 93110
PA-2016-01001 391 E05BD 2203 PA-2016-01001 391 E05BD 1802 PA-2016-01001 391 E05BD 700
MILLER PAULEEN L/RICHARD A PRAZENICA CHARLES C/CATHERINE A SMITH BRUCE D TRUSTEE ET AL
507 TUCKER ST 669 PRIM ST 707 WALNUT ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01001 391 E05BD 2315 PA-2016-01001 391 E05BD 701 PA-2016-01001 391 E05BD 405
SORSOLI WAYNE A TRUSTEE ET AL SUNCREST HOMES LLC TAVISS MICHAEL L/PATRICIA A
495 SHERIDAN ST PO BOX 1313 5071 W COYOTE GULCH LP
ASHLAND, OR 97520 TALENT, OR 97540 MARANA, AZ 85658
PA-2016-01001 391 E05BD 705 PA-2016-01001 391 E05BD 800 PA-2016-01001 391 E05BD 803
UDOM JARIN VIT SR TRUSTEE ET AL VAUGHAN ANTONIA W TRSTE FBO WATT EVELYN C/RANDOLPH H
122A KAELELOI PL 21427 IBANEZ AVE PO BOX 853
HONOLULU, HI 96821 WOODLAND HILLS, CA 91364 ASHLAND, OR 97520
PA-2016-01001 391 E05BD 704 PA-2016-01001 708 Prim
WESTERMAN PAUL E/ANNE K FRIAR & ASSOCIATES NOD 7/15/16
420 SHERIDAN ST PO BOX 1947 26
ASHLAND, OR 97520 PHOENIX, OR 97535
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Planning -
Department, 51 Winuurn Way, Ashland, Oregon 97520 y
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -A 11S t ®1
NOTICE OF APPLICATION
PLANNING ACTION: PA-2016-01001
SUBJECT PROPERTY: 708 Prim Street
OWNER/APPL[CANT: Charlie Hamilton
DESCRIPTION: A request to divide the .64 acre (27,878) square foot R-1-7.5 lot adjacent to Prim Street into two
residential lots. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S
MAP: 39 1 E 15AC; TAX LOT : 709.
NOTICE OF COMPLETE APPLICATION: June 8, 2016
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: June 22, 2016
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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 i
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.
Wcomm-dev\planning\Planning Actions\Noticing Polder\Mailed Notices & Signs\2016\PA-2016-01001.doca
PRELIMINARY PARTITION PLAT
18.5.3.050
The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met.
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 partition plan conforms to applicable City-adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area.
D. The tract of land has not been partitioned for 12 months.
E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3, and any
applicable development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation).
F. Accesses to individual lots conform to the standards in section 18.4.3,080 Vehicle Area Design. See also, 18.53.060 Additional Preliminary Flag Lot
Partition Plat Criteria,
G. The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and other requirements in part 18.4, and allow
for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and
dedications.
H. Unpaved Streets.
1. Minimum Street Improvement. 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.
2. Unpaved Streets. The Public Works Director may allow an unpaved street for access for a 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. The City may require the street to be graded t
(cut and filled) to its standard physical width, and surfaced as required in chapter 18.4.6 prior to the signature of the final partition plat by the f
City.
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b. The centerline grade on any portion of the unpaved street does not exceed ten percent.
c. The final elevation of the street shall be established as specified by the Public Works Director except where the establishment of the elevation
would produce a substantial variation in the level of the road surface. In this case, the slope of the lot shall be graded to meet the final street
elevation.
d. 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.
1. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street.
J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development.
F
GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2016\PA-2016-01001.docx
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 6/8/16 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 i
person's name for Planning Action #2016-01001, 708 Prim.
Signature of Employee
DmumenQ 6/8/2016
PA-2016-01001 391 E05BD 707 PA-2016-01001 391 E05BD 501 PA-2016-01001 391 E05BD 801
ARMSTRONG PATRICIA BELCASTRO PETE J/CHRISTINE BLUE MARIPOSA LLC
695 WALNUT ST 447 MONTE VISTA DR 2532 OLD MILL WAY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
6
PA-2016-01001 391 E05BD 403 PA-2016-01001 391 E058D 2205 PA-2016-01001 391 E05BD 802
DICKEY TERRY P TRUSTEE ET AL DUTSON VAL J TRUSTEE ET AL ELL MARK G/JANET M
465 SHERIDAN ST 725 PRIM ST 465 TUCKER ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01001 391 E05BD 402 PA-2016-01001 391 E05BD 2206 PA-2016-01001 391 E05BD 708
HALDERMAN MICHAEL J TRUSTEE HAMER JULIAN TRUSTEE ET AL HAMILTON CHARLIE
445 SHERIDAN ST 491 TUCKER ST PO BOX 1313
ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540
PA-2016-01001 391 E05BD 1000 PA-2016-01001 391 E05BD 2207 PA-2016-01001 391 E05BD 703
HILL ADRIENNE J KATZ DAVID/CATHLEEN LENK MARTIN C/KAREN L YOUNG-
667 WALNUT ST 481 HERBERT ST 410 SHERIDAN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01001 391 E05BD 1600 PA-2016-01001 391 E05BD 702 PA-2016-01001 391 E05BD 1700
LESSMEIER MICHAEL L TRUSTEE ET AL LUBLINER IRVING ET AL MADSON LOIS L
448 TUCKER ST 1351 PONDEROSA 4619 SIERRA MADRE RD
ASHLAND, OR 97520 ASHLAND, OR 97520 SANTA BARBARA, CA 93110
PA-2016-01001 391 E05BD 2203 PA-2016-01001 391 E05BD 1802 PA-2016-01001 391 E05BD 700
MILLER PAULEEN L/RICHARD A PRAZENICA CHARLES C/CATHERINE A SMITH BRUCE D TRUSTEE ET AL
507 TUCKER ST 669 PRIM ST 707 WALNUT ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01001 391 E05BD 2315 PA-2016-01001 391 E05BD 701 PA-2016-01001 391 E05BD 405
SORSOLI WAYNE A TRUSTEE ET AL SUNCREST HOMES LLC TAVISS MICHAEL L/PATRICIA A
495 SHERIDAN ST PO BOX 1313 5071 W COYOTE GULCH LP
ASHLAND, OR 97520 TALENT, OR 97540 MARANA, AZ 85658
PA-2016-01001 391 E05BD 705 PA-2016-01001 391 E05BD 800 PA-2016-01001 391 E05BD 803
UDOM JARIN VIT SR TRUSTEE ET AL VAUGHAN ANTONIA W TRSTE FBO WATT EVELYN C/RANDOLPH H
122A KAELELOI PL 21427 IBANEZ AVE PO BOX 853
HONOLULU, HI 96821 WOODLAND HILLS, CA 91364 ASHLAND, OR 97520
PA-2016-01001 391E05BD 704 PA-2016-01001 708 Prim
WESTERMAN PAUL E/ANNE K FRIAR & ASSOCIATES NOC 6/8/16
420 SHERIDAN ST PO BOX 1947 26
ASHLAND, OR 97520 PHOENIX, OR 97535
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Application for 2 lot partition
This application is for a 2 lot partition for a.64 acre parcel at 708 Prim (39 lE 05 BD TL709). This
parcel is zone R-1-7.5 and is characterized by a fairly even 18% slope to the North. As part of the
previous 3 lot partition all of the street improvements along both Prim and Sheridan have been installed
and approved as well as the fire turn around. In addition all the utilities and conduits for the two future
lots have been installed. The currently submitted layout and flag drive were all part of the previous
application showing how this parcel would be divided in the future; this application is just the completion
of that submittal.
As shown on the submitted plat parcel 1 is a 12,000 Sq. Ft. parcel and parcel #2 is 15,755
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 in this neighborhood and no track of
land is impeded from being developed.
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 in this neighborhood and no track of
land is impeded from being developed.
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
t
All street improvements to Prim and Sheridan were installed city in the previous 3 lot and approved installed and approved b partition. In addition the ire rnaround
was also
improvement by the City and Fire Marshal. So no additional street
F When there exists an adequate public facility, or be provided, as determined by the Public Works Director
City documents, for water, sanitary
11 s
d by
sewers, storm sewer, and electricity.
Water will be served by the 8" in Tucker with one water to
one additional tap will be made and the water lines will run dovvrr the
the unimproved portion of prim p already in and
to serve each lot ROW of
Storm drain for both lots are already installed to each lot. As
previous 3 lot partition the City required additional storm m of the
improvements made prim
from the subject property down
basin to assure capacity for thi to the next catch
s project as well as the surrounding
Sewer lines have been run to and installed for both of the sub'
Electrical, cable sect lots.
gas, AFN phone lines and conduits have all already been
installed for both subject lots
G• When there exists a 20-foot wide access
parcel to the along the entire street f
nearest fully improved collector or arterial street, as design
Comprehensive Plan. Such access shall be improved frontage of the
with an asphaltic
the concrete pavement designed for the use of the proposed street. ated in
Public width of the street shall be 20-feet with all work done under perm it o the
Works Department. the
All of the access and street improvements have been made to both prim
Sheridan and have been approved by the City with the previous 3 lot and
on.
In addition the fire turnaround have been installed and approved by both the
City and Fire Marshal Y th the
1. The Public Works Director may allow an unpaved street for access
minor land partition when all of the following conditions exist: for a
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.
i
There is an unpaved portion of Prim that abuts part of this project, this topic
was thoroughly vetted with the previous application and it was determined
that Prim was too steep to develop and a pedestrian path was required as part
of the previous 3 lot partition. But just for review I've included the previous
argument why Prim couldn't be connected. The submitted plans show full
street improvements previously made along the frontage of the three lots for
that portion that has vehicle access. There is an unimproved portion of Prim
that is very steep. The applicant has met with Division Chief Hickman and she
has requested that any additional improvements to Prim st. for the fire turn
around be installed at 15%. This request is consistent since no variances may
be granted for a steeper grade than 15% as stated under Chapter 18.88.
Hypothetically if Prim St. was continued from its current location up to
Tucker at the required 15% it would end up being 13.16' under the ground at
Tucker. So to continue Prim any further than that required for the installed fire
turnaround would basically be building a road to nowhere, we all have heard
about how popular the Alaskan bridge to nowhere was. An additional note
during a neighborhood meeting held by the applicant, regarding the discussion
of the extension of Prim St. not a single neighbor was in favor and in fact
most were vocal against. The neighbor that put in the improved portion of
Prim was there and said she was told specifically that Prim was never to go
through.
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.
The applicant had previously submitted the arborist report and a tree protection plan for the
whole property with the previous 3 lot partition which was approved and accepted by the City.
But just to reiterate, although previously approved the applicant is submitting the arborist report
and tree protection plan again with this application. It should be noted that all trees to be
removed are for the health and consideration of nearby trees or are "trash" trees except tree #12
the 12" Maple on parcel #3 this tree is to removed because of its location. The applicant agrees
to abide by section 18.61.084 section "A", the replanting of a tree, as a condition of Certificate of
Occupancy for Parcel #1.
Controlled Access/Consolidate Driveways:
The applicant is proposing a flag drive access.
Lot Coverage's:
The lot coverage allowed in the R-1-7.5 zoning is 45% of the submitted lots sizes. Parcel #1 is
12,000 Sq. Ft. which would allow 6,600 Sq. Ft. of lot coverage. Parcel #2 is 15,755 Sq. Ft.
which would allow 7,089 Sq. Ft. of lot coverage. At since this topic would be covered at ti time of b is time no additional lding plan submittal wh information is being
show driveway and all concrete together with the house location and size. ch would then
Street Trees:
The applicant agrees to meet the street tree requirement of 1 tree for every 30' of street frontage
for each lot which will be satisfied at time of completion of a home on each lot as a requirement
of certificate of Occupancy. The timing of the street trees with the C of O assures a consistent
water supply and maintenance of the street trees. All street trees will be selected from the street
tree list.
18.70.050 Solar Access Performance Standard
The solar access for this parcel was already approved with the previous 3 lot rtition but j
reiterate the previously approved discussion. The property has a consistent 1 % slope to thest to
North as calculated by the topographical map completed by Friar & Associates. As stated in
18.70.050 lots with a slope greater than 15% are to use Formula II when calculating North/South
lot dimensions. Using Formula If which is 10/(.445-.18)= 37.73' as a minimum North/South lot.
In the R-1-7.5 zone the minimum lot width is 65' and depth of 80'since the required North/South
property line in the R-1-7.5 is longer than that calculated by Formula II Solar Set back Standard
"B" is what is required. See submitted table for the solar envelope for Parcel #3. Also as part of
18.70.050 is the requirement for a 21' tall structure to be able to fit and not exceed more than
half of a lots N/S lot dimension. The shortest lot dimension running N/S is 107', and the solar
table shows that the setback for a 21.3' high structure is 20', which is clearly less than half of
107'. The only point of clarification is that the setback for parcel #1 will be a setback from the
Southerly property line of the parcel below 734 Prim not from the flag lot. See tentative plat for
solar setback table.
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,
Z/L--~
Charlie Hamilton
Suncrest Homes LLC
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VOICE OF TREE CARE
V1W
May 27, 2014
Suncrest Homes LLC
P.O. Box 1313
i
Talent, OR. 97540
To Whom It May Concern:
The following is a tree protection plan for the Tentative Partition Plat for the property located in S.E. of
See. 5, T.39S., R.IE,. WM. City ofAshland Jackson County, Oregon
Tree #1 is a 24" Pine. Tree #2 is a 24" Pine. Tree #3 and #4 are both 24" Pines. Tree #5 is a 15" fir. These
trees listed above will be protected by a temporary fence 5' south of the drip line.
Trees 1,2,3,4 may have utility trenching between them. Trenching will be done outside the drip lines.
Tree #6 is a 12"Fir, The arborist recommends removal of this tree because it has been damaged by'
lightning.
Tree #7 is a 12" Russian Olive, this tree is to be removed. Tree #8 is a 14" Apple tree to be removed.
Tree #9 is a 14" Apple to be removed. Trees # 10 & 11 are both 8" Aspens to be removed,
Tree #12 is a 12" Maple to be removed.
Trees # 13, 14 &15 are all three 8"Apple trees to be removed. There is a small grove of Apple trees to be
removed.
Tree #16 is a 6' Locust to be removed. Tree #17 is a 6' Spruce, the arborist recommends removing
because it interferes with the neighbor's large Maple tree (#20)
Tree #18 is a large Willow, which will be protected with a temporary fence 5' at the drip line
Tree #19 is a 10'Fir, which will be protected with a temporary fence 10' from the drip line.
Tree #20 is a large Maple on neighbor's property. This tree is to be protected with a temporary fence 5'
from drip line, north of property line. Tree #21 is a 12" Fir tree that is to be protected with trees 1 2 3 4
and 5.
Tree #22 is an 8" Pine, which will be protected with a temporary fence 5' from drip line,
Beaver Tree Service Inc. Portland Metro Office:
CCf3 Number: 173614 Corporate Office:
21350 NW Farm Park Dr 270 Wilson Rd.
Tax ID # 20-5639553 Hillsboro OR. 97124 Central Point, OR. 97502
J 1 .1;
Ph: 503-224-1339 Ph: 541-77q-7072
If there are any questions or concerns, please give the a call.
Sincerely,
i
Clarence V. Wangle
Vice President
Beaver Tree Service Inc.,
ISA Certified Arborist PN-0518A
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WO ZONING PERMIT APPLICATION
of Aki Planning Division
51 Winbuin Way, Ashland OR 97520
CITY OF FILE # eeele, ` elool
ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO
Street Address 0E 60 S pK1'm Assessor's Map No. 391 E C7 Tax Lot(s)
Zoning Comp Plan Designation 5`tA4 .0 ~9t~1
APPLICANT
Name 06011 1, -e 141^ 1 Phone CY 94(Y®3 7 6 E-Mail
Address t'c; Qck--A 3 0 City ove- Zip
PROPERTY OWNER
Name a/vh Phone E-Mail
Address City Zip
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT, OTHER
Title Q4( /-e/ Name 0sye c Phone (5Y/) 772® 7,712E-Mail /t e
J-
Address lJ 0, G., City A/{/&, Zip ct -7S 3.I'
Title Name Phone E-Mail
Address City Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of 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 responsibility. I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that I produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure in this regard will re If mos yin not o equest being set aside, but also possibly in my structures being built in reliance thereon being required to
be removed at my expens . If I ve s, l am advised to seek competent professional advice and assistance.
Applicant's Signa ure Date
As owner of the prope invo ed in this re ue tTl have read and understood the complete application and its consequences to me as a property
owner.
Property Ow e s Signature (required) Date
[ro be completed by City Staff] s
Date Received- Zoning Permit Type Filing Fee $ f. Azle,
OVER
I
Job Address: 708 PRIM ST Contractor:
ASHLAND OR 97520 Address:
C k
A Owner's Name: CHARLIE HAMILTON ® Phone:
P Customer 08866 N State Lic No:
P CHARLIE HAMILTON T City Lic No:
L
Applicant: PO BOX 1313 R
Address: TALENT OR 97540 A
C C Sub-Contractor:'
A Phone: T Address:
N Applied: 05/26/2016 O
T Issued:
Expires: 11/22/2016 Phone:
State Lic No:
Maplot: 391 E05BD701 City Lic No:
DESCRIPTION: Minor Land Partition to create two lots
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) 1,146.00
CONDITIONS OF APPROVAL
r
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
I T Y
C OF
Inspection Request Line: 541-552-2080
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i
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I
I hereby certify the contents of this application to be correct to the
best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts
understood and agreed to the following:
Building: $ 0.00 $ 0.00
1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00
or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00
(180 days).
2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00
required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00
3. Any modifications in plans or work shall be reported in
advance to the department. Public Works Fees: $ 0.00 $ 0.00
4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 1,146.00 $ 1,146.00
or local laws, ordinances, or regulations rests solely with the
Sub-Total: $ 1,146.00
applicant. Fees Paid: $ 1,146.00
Applicant Date Total Amount Due: $ 0
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900 E
www.ashland.or.us
Inspection Request Line: 541-552-2080 C I T Y F
-AS H LAN D'%