The URL can be used to link to this page

Home My WebLink AboutBellview_955_PA-2016-01316 CITY i., ,1 L1 ) August 30, 2016 Notice of Final Decision On August 30, 2016, the Community Development Director approved the request for the following: Planning Action: 2016-01316 Subject Property: 955 Bellview Avenue Owner/Applicant: Carl Suber/Mike & Linda Ganim Description: A request for a Minor Land Partition to create two tax lots for the property located at 955 Bellview Avenue. The proposed partition will create one additional lot by dividing the existing parcel. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1E 14CC TAX LOT: 4600. The Community Development Director's decision becomes final and is effective on the 12th 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 Derek Severson in the Community Development Department at (541) 488-5305. cc: Carl Suber; Property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305 51 Winburn Way Fax: 541-552-2050 \ Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us - i i i 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: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 l www.ashland.or.us f i t f ASHLAND PLANNING DIVISION FINDINGS & ORDERS A G PLANNING ACTION: PA-2016-01316 SUBJECT PROPERTY: 955 Bellview Avenue PROPERTY OWNER: Carl Surber APPLICANT: Mike & Linda Ganim r DESCRIPTION: A request for a Minor Land Partition to create two tax lots for the property located at 955 Bellview Avenue. The proposed partition will create one additional lot by dividing the r existing parcel. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 lE 14CC TAX LOT: 4600 SUBMITTAL DATE: July 11, 2016 DEEMED COMPLETE DATE: July 27, 2016 STAFF APPROVAL DATE: August 30, 2016 FINAL DECISION DATE: September 12, 2016 APPROVAL EXPIRATION DATE: March 12, 2018 E F DECISION j The subject property is roughly rectangular with an approximate area of 31,960 square feet, and is located on the west side of Bellview Avenue. The zoning of the subject property is R-1-7.5, a Single Family Residential zoning with a minimum lot size requirement of 7,500 square feet. There is an approximately 1,726 square foot residence with a 600 square foot attached garage, a 900 square foot outbuilding and approximately 500 square feet of concrete driveway on the site. The home was constructed in about 1968 according to the Jackson County tax assessor's records. Clay Creek, a Local Stream with a Water Resource Protection Zone (WRPZ) extending 40 feet upland of the centerline of stream on both banks, runs generally north-south roughly parallel to and approximately 30 feet from the rear property line. In addition to Clay Creek's WRPZ, both the Federal Emergency Management Agency (FEMA) and the City of Ashland have designated floodplain corridor lands for this creek which encompass roughly the rear 80-90 feet of the parcel. The front portion of the lot has mild slopes of 61/2 to 71/2 percent down to the north. At the rear of the property, there are slopes ranging from 40 to 45 percent along the creek's bank. The presence of Clay Creek, its WRPZ and associated riparian area, floodplain corridor lands and the steep slopes along the creek corridor must all be considered in conjunction with the request to partition the property. The application includes preliminary land partition plan which identifies the trees in place on the property, the bulk of which are concentrated along the creek corridor at the rear of the property. No tree removals are proposed in conjunction with the current request. The application is for a land partition approval to divide the subject property into two parcels. The parcel labeled "Parcel 1" is the easternmost lot along Bellview Avenue and containing the existing house, wood deck and concrete driveway. This parcel is proposed to be 9,729 square feet. Parcel 2, comprising the western portion of the property including the creek corridor, is proposed at 22,231 square feet. Both of the PA #2016-01316 955 Bellview Ave.dds Page 1 ~l proposed parcels exceed the R-1-7.5 zone's minimum 7,500 square foot lot size, and comply with the dimensional requirements of the Ashland Municipal Code. Parcel 1 is proposed to be access from the existing driveway, while the new Parcel 2 would be accessed from a flag drive created with the recent partitioning of the property to the south, also under the applicant's ownership. The application materials provided note that the future use for urban purposes of the remainder of the tract will not be impeded, and that the development of the remainder of any adjoining land or access thereto will not be impeded. There are no applicable City-adopted neighborhood or district plans, and the property is not subject to any previous land use approvals and has not been partitioned in the past 12 months. The proposed parcels conform to the area and dimensional requirements of the underlying R-1-7.5 zoning district. Flag drive standards require that 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 the other lot or lots. Here, easement access would be provided over the newly created flag drive to the south to serve the proposed Parcel 2. For drives serving two flag lots, or shared by adjacent properties, 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. In this instance, the proposed flag drive has a 25-foot width. The application proposes to share a driveway with the property to the south in an effort to minimize curb cuts as required. The two newly created flag lots will share use of the drive, and 965 Bellview to the south will also have functional access from this driveway. Conditions have been included to require: that evidence of easement access allowing Parcel 2's use of the flag drive on the property to the south be provided, that at least a 15-foot paved driving surface centered within a 20-foot clear width be maintained, and that Parcel 2 provide three parking spaces situated in a manner to eliminate the need for backing out. The application includes a Tree Inventory and Tree Preservation/Protection Plan. The Tree Commission reviewed the proposal at its regular meeting on August 4, 2016 and recommended approval, but asked that a clearer Tree Preservation and Protection Plan be provided for the review and approval of the Staff Advisor prior to site work, staging, storage of materials, or approval of the final plat. The plan as originally provided illustrated fencing around the identified protection zone of each tree but did not make clear how fencing would be installed to protect overlapping protection zones of trees in close proximity, and the Commission wanted a clear indication of how the fencing would actually be installed. A condition to this effect has been included below. Vehicular access to the new parcel will be taken fiom Bellview Avenue, which is classified as a Neighborhood Street in the City of Ashland Transportation System Plan. This section of Bellview Avenue is currently improved with curbs, gutters and more than a 20-foot width of paving in place but lacks city standard sidewalks or parkrows in the vicinity. The applicant has requested to sign-in favor of a future Local Improvement District (LID) for the future improvement of Bellview Avenue in lieu of installing sidewalks which would not currently connect to an existing system. The application materials note that the Bellview Avenue right-of-way is 60 feet, and that the right-of-way currently extends between seven and 12 feet behind the existing curb line. Given that standard five-foot sidewalks and seven-foot parkrows would require 12 feet of right-of-way across the full frontage of the property, conditions have been added to require that an LID agreement be signed prior to signature of the final survey plat and that the plat PA 92016-01316 955 Bellview Ave.dds Page 2 i I include any additional right-of-way necessary to accommodate city standard frontage improvements as a public pedestrian access easement or public right-of-way dedication. The property is currently served by a six-inch sanitary sewer main in Bellview Avenue and will remain as existing until building permit submittal for the new flag lot. A 25-foot wide public utility easement is proposed across the flag drive to accommodate electric service coming from Bellview Avenue. There is a six-inch water main in Bellview Avenue that serves the existing parcel and there is one meter currently serving the property. Water service will be installed by the City of Ashland to service the new parcel. Additionally, the property's storm drainage is currently served by a ten-inch storm sewer main in Bellview Avenue and will remain as existing until building permit submittal for the new flag lot. In discussing the adequacy of existing electrical services with the Electric Department, they have noted that the electrical service at 965 Bellview will need to be upgraded from the existing pedestal to a transformer. The pedestal was installed within the driveway with the recent partitioning of 965 Bellview Avenue, however the Electric Department has indicated that the upgrade from pedestal to transformer is necessary to serve the two existing houses and two additional lots resulting from these two partitions. Electric Department staff has indicated that the need for this upgrade was conveyed when the pedestal was originally installed, and asked that a revised electrical service plan which identifies the placement of the transformer and avoids any conflicts with vehicular access, including fire apparatus access, be provided for review and approval prior to the signature of the final survey plat. Conditions requiring that a revised electric service plan be provided for the review and approval of the Electric, Building, Planning and Engineering Departments, and that necessary electrical facilities be installed according to the approved plan, inspected and approved prior to the final plat, and that all utilities to be installed to the subject parcels prior to signature of the final survey plat, have been included below. f For planning actions involving the division of lands containing Water Resource Protection Zones (WRPZ), AMC 18.3.11.090 requires: 1) that each lot shall contain a building envelope entirely outside the Water Resource Protection Zone of sufficient size to permit the establishment of the use and associated accessory uses; and 2) that the WRPZ be included within a conservation easement which stipulates that uses or activities within the WRPZ shall be consistent with the provisions of the Water Resource Protection Zones regulations of the Ashland Municipal Code's chapter 18.3.11. The application submitted includes an envelope satisfying this condition, and a condition has been included below to require that the requisite conservation easement be included on the final survey plat. No public comments were received during the 14-day public comment period following the required Notice of a Complete Application for the partition request, and upon review of the application and the applicable code requirements of the City of Ashland, the proposed partition is approved with the conditions listed below. The criteria for a Preliminary Partition Plat are described in AMC Chapter 18.5.3.050, 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 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 PA #2016-01316 955 Bellview Ave.dds Page 3 i I t 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 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 (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 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. L 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. The additional criteria for a Preliminary Flag Lot Partition Plat are described in AMC Chapter 18.5.3.060 as follows: A. The criteria of section 18.5.3.050 are met. H. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, must meet the minimum square footage requirements of the zoning district. PA 92016-01316 955 Bellview Ave.dds Page 4 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 the other lot or lots. c D. Except as provided in subsection 18.5.3.060.H, below, the flag drive serving a single flag lot shall have a minimum 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 adjacent properties shall have a width of 20 feet, C 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 two flag lots are served by the flag drive. I F. Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may 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 from 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 I 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. The 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 from the street with three-inch black numbers. L 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 18,4.6.040.6.5). The Staff Advisor, 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 a fire work area of 20 feet by 40 feet clear of vertical obstructions and within 50 feet of the structure. The fire work area PA #2016-01316 955 Bellview Ave.dds Page 5 4 4 l 4 I requirement shall be waived if the structure served by the drive has an approved automatic sprin{der system installed. The application with the attached conditions complies with all applicable City ordinances. Planning Action #2016-01316 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- 01316 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 herein. 2) That new driveway approaches be permitted through the Engineering Division and are required to be separated from existing driveways and each other by a minimum of 24-feet per City Street Standards. The driveway curb cuts shall be installed and inspected prior to the signature of the final survey plat or issuance of a building permit for either parcel. 3) That the applicant shall obtain necessary demolition/relocation review permits for the removal of any buildings over 500 square feet if deemed necessary by the Building Official pursuant to AMC 15.04.210. 4) That the requirements of the Fire Department including: approved addressing; provisions for approved fire apparatus access including angle of approach, turn-around, firefighter access pathway, limits on gates, fences and other obstructions, and requisite easements; fire flow; fire hydrant distance to structures; fire department work area; and fire sprinkler systems if necessary to mitigate deficiencies related to other fire requirements, shall be satisfactorily addressed. If work will be completed during fire season, applicants are advised to check applicable fire season fire prevention requirements found at ww-w.ashland.c-- x._, - eason. 5) That prior to signature of survey plat: a) A final survey plat shall be submitted within 12 months and approved by the City of Ashland within 18 months of this approval. b) All easements for public and private utilities; fire apparatus access; reciprocal utility, maintenance, and access; and conservation areas shall be indicated on the final survey plat as required by the Ashland Engineering Division. The final plat shall include the Water Resource Protection Zone (WRPZ) extending 40 feet upland of the centerline of Clay Creels on either side of the creek at the rear of the property in a Conservation Easement in favor of the City of Ashland as required in AMC 18.3.11.090.13 which stipulates that uses or activities within the WRPZ shall be consistent with the provisions of the Water Resource Protection Zones regulations of the Ashland Municipal Code's chapter 18.3.11. C) Evidence of shared access and utility easements over the property to the south at 965 Bellview Avenue shall be provided. These easements shall accommodate the installation of the requisite 15-foot paved flag drive within a 20-foot clear width. I d) The final survey plat shall any additional right-of-way necessary to accommodate city standard frontage improvements as a public pedestrian access easement or public right-of- way dedication subject to the review and approval of the Planning and Engineering Divisions. PA #2016-01316 955 Bellview Ave.dds Page 6 e) The applicant submit an electric design and distribution plan including load calculations and locations of all primary and secondary services including transformers, cabinets and all other necessary equipment. This plan must be reviewed and approved by the Electric Department, Building and Planning Divisions prior to the signature of the final survey plat, and shall include the replacement of the pedestal on the property to the south with a new transformer placed to avoid access conflicts both for vehicular and fire apparatus access to the new flag drive. Transformers and cabinets shall be located in areas least visible from streets, while considering the access needs of the Electric Department. All necessary electrical facilities shall be installed according to the approved plan, inspected and approved prior to the final plat, and that all utilities to be installed to the subject parcels prior to signature of the final survey plat, have been included below. f) Electric services shall be installed underground to service the new parcels as required by the Ashland Electric Department prior to signature of the final survey plat. g) 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. h) That the sanitary sewer laterals and water services including connection with meters at the street shall be installed for all parcels prior to the signature of final survey plat. All work shall be completed under review and approval of the Ashland Engineering Department prior to signature of the final survey plat. i) 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. j) That the recommendations of the Ashland Tree Commission from their August 4, 2016 meeting shall be conditions of approval unless otherwise modified herein, where consistent with the applicable ordinances and standards and with final approval of the Staff Advisor. The Tree Commission recommended that a revised Tree Preservation and Protection Plan that better articulated the placement of required tree protection fencing be provided for the review and approval of the Staff Advisor, and fencing installation inspected and approved on site prior to site work, staging, or storage of materials or approval of the final plat. k) That the property owner shall sign in favor of a Local Improvement District for the future street improvements, including but not limited to sidewalks, parkrow, curb, gutter and storm drainage for Bellview Avenue prior to signature of the final survey plat. The agreement shall be signed and recorded concurrently with the final survey plat. 1) That the final survey plat shall include identification of the City of Ashland and FEMA floodplain corridors and demonstration that the proposed building envelope is located entirely outside of floodplain corridor lands. 6) 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 #2016-01316 955 Bellview Ave.dds Page 7 b) That individual lot coverage shall not exceed 45 percent of the total lot area in accordance with AMC 18.2.5.030. Lot coverage calculations shall be submitted with the building permits. C) Identification of the required 20-foot by 20-foot yard area for Parcel 2 and the identification of three parking spaces situated so as to avoid the need for backing out. 7) That prior to issuance of Certificate of Occupancy: a) That the flag drive shall be paved to a minimum 15-foot width centered within a 20-foot clear width to a vertical clearance of 13-feet, 6-inches and be able to withstand 44,000 lbs. prig ,to the issuance of Certificate of Occupancy. { s ;f v _A, --d, August 30, 2016 i Bill Molnar,Director Date Department a Community Development I PA #2016-01316 955 Bellview Ave.dds Page 8 I i G AFFIDAVIT OF MAILING I i STATE OF OREGON ) j County of Jackson ) The undersigned being first duly sworn states that: i 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On 8/30/16 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 person's name for Planning Action #2016-01316, 955 Bellview. i Signature of Employee DocumenO 8/30/2016 I i i PA-2016-01316 391 E14CA 5801 PA-2016-01316 391 El4CD 2300 PA-2016-01316 391 E14CB 100 AINSWORTH ANNE B TRUSTEE ET AL ARRINGTON ANDREW T/MARCELLA ASHLAND CITY OF 933 BELLVIEW AVE 976 BELLVIEW 20 E MAIN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01316 391 El4CD 2200 PA-2016-01316 391 El4CC 4300 PA-2016-01316 391 El4CD 2000 BROWN BETTY L CARSTENSEN KARL/JENIFER DAVID HARRY I/DAVID ISAAC H 970 BELLVIEW AVE 975 BELLVIEW AVE 950 BELLVIEW AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 802 PA-2016-01316 391 El4CC 4500 PA-2016-01316 391 E14CC 4800 PA-2016-01316 391 E14CB EE GANIM MIKE/LINDA GIFFEN DANA L TRUSTEE ET AL GORSON CRAIG F TRUSTEE 570 TAYLOR ST 1028 CANYON PARK DR JODY GORSON ASHLAND, OR 97520 ASHLAND, OR 97520 1000 CLAY ST ASHLAND, OR 97520 i PA-2016-01316 391 E14CC 4200 PA-2016-01316 391 E14CD 5600 PA-2016-01316 391 E14CC 4100 GOVEDARE VIRGINIA GLADYS HARRIS HERBERT E III/SHANNON HAWK ROBERT W 1212 E NEWTON ST 995 BELLVIEW AVE 2311 BLACK OAK WAY SEATTLE, WA 98102 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01316 391 E14CA 4800 PA-2016-01316 391 E14CD 1602 PA-2016-01316 391 E14CC 4400 HILLSIDE SOUTH GRANDVIEW HOU MICHAEL MOLITCH/MATICH HOUSE JESSE L/CLAIRE T APARTMENTS LLC DANIELLE 985 BELLVIEW AVE 3231 TOLMAN CREEK RD 1151 TOLMAN CREEK RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01316 391 E14CA 5800 PA-2016-01316 391 E14CD 2100 PA-2016-01316 391 El4CA 5700 HUESTON KAREN TRUSTEE ET AL LEYBOLD HELEN KAY TRUSTEE ET AL LORING SCOTT C/HEATHER D 933 BELLVIEW AVE 687 LEONARD ST 935 BELLVIEW AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01316 391 E14CC 4700 PA-2016-01316 391 El4CD 1700 PA-2016-01316 391 El4CB 7000 LOVE JOHN M TRUSTEE ET AL NEISEWANDER DEBRA M PLEICH GEORGE A TRUSTEE 1016 CANYON PARK DR 1159 TOLMAN CREEK RD 1010 CANYON PARK DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 w PA-2016-01316 391 E14CC 4000 PA-2016-01316 391 E14CA 5600 PA-2016-01316 391 El4CC 4600 ROBISON ELEANOR S TRSTE FBO SECOND AVENUE HOLDINGS LLC SURBER CARL 2321 BLACK OAK WY PO BOX 613 955 BELLVIEW AVE E ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01316 391 E14CD 5201 PA-2016-01316 391 E14CA 5500 PA-2016-01316 VAUGHN GAYLE VOGEL CARL ERWIN TRUSTEE ET AL POLARIS LAND SURVEYING 231 NW 73RD CT 924 BELLVIEW AVE 485 W NEVADA NEWPORT, OR 97365 ASHLAND, OR 97520 ASHLAND, OR 97520 955 Bellview NOD 8/30/16 27 i I 00 1% l U'!( )l( W", l ;r Ail 9 ?Fare CITY OF Planning Department, 51 Winbu,,, Nay, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 SHLAND NOTICE OF APPLICATION PLANNING ACTION: 2016-01316 SUBJECT PROPERTY: 955 Bellview Avenue OWN E RIAPPLI CANT: Carl Suber/Mike & Linda Ganim DESCRIPTION: A request for a Minor Land Partition to create two tax lots for the property located at 955 Bellview Avenue. The proposed partition will create one additional lot by dividing the existing parcel. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1 E 14CC TAX LOT: 4600 NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, August 4, 2016 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: July 27, 2016 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: August 10, 2016 I I _J - - L_ PA #2016-01316 956 BELLVIEW AVE J I I SUBJECT PROPERTY - - - C - > -J I 9 _ ! I m , ❑ s TL-L V 4r= 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. comm- ev p annmg annmg r coons ottctng o er ate otices tgns - - ocs PRELIMINARY PARTITION PLAT 18.5.3.050 € I r 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, 18.5.3.060 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 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 (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 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. 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 G:\comm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2016\PA-2016-01316.docx t AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On July 27, 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 E under each person's name for Planning Action #2016-01316, 955 Bellview Avenue. Signi re of Employee i Documend 7/27/2016 f PA-2016-01316 391 E14CA 5801 PA-2016-01316 391 El4CD 2300 PA-2016-01316 391 El4CD 2200 AINSWORTH ANNE B TRUSTEE ET AL ARRINGTON ANDREW T/MARCELLA BROWN BETTY L 933 BELLVIEW AVE 976 BELLVIEW 970 BELLVIEW AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 i PA-2016-01316 391 E14CC 4300 PA-2016-01316 391 E14CD 2000 PA-2016-01316 391 El4CC 4500 , CARSTENSEN KARL/JENIFER DAVID HARRY ]/DAVID ISAAC H GANIM MIKE/LINDA 975 BELLVIEW AVE 950 BELLVIEW AVE 570 TAYLOR ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01316 391 El4CC 4900 PA-2016-01316 391 E14CB 802 PA-2016-01316 391 El4CC 4200 GIFFEN DANA L TRUSTEE ET AL GORSON CRAIG F TRUSTEE GOVEDARE VIRGINIA GLADYS 1028 CANYON PARK DR 1000 CLAY ST 1212 E NEWTON ST ASHLAND, OR 97520 ASHLAND, OR 97520 SEATTLE, WA 98102 PA-2016-01316 391 El4CD 5600 PA-2016-01316 391 E14CC 4100 PA-2016-01316 391 E14CA 4800 HARRIS HERBERT E III/SHANNON HAWK ROBERT W HILLSIDE SOUTH GRANDVIEW 995 BELLVIEW AVE 2311 BLACK OAK WAY APARTMENTS LLC ASHLAND, OR 97520 ASHLAND, OR 97520 3231 TOLMAN CREEK RD ASHLAND, OR 97520 PA-2016-01316 391 E14CC 4400 PA-2016-01316 391 E14CA 5800 PA-2016-01316 391 E14CD 2100 HOUSE JESSE L/CLAIRE T HUESTON KAREN TRUSTEE ET AL ' LEYBOLD HELEN KAY TRUSTEE ET AL 985 BELLVIEW AVE 933 BELLVIEW AVE 687 LEONARD ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01316 391 El4CA 5700 PA-2016-01316 391 E14CC 4700 PA-2016-01316 391 El4CD 1700 LORING SCOTT C/HEATHER D LOVE JOHN M TRUSTEE ET AL NEISEWANDER DEBRA M 935 BELLVIEW AVE 1016 CANYON PARK DR 1159 TOLMAN CREEK RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 I PA-2016-01316 391 E14CB 7000 PA-2016-01316 PA-2016-01316 391 El4CD 1602 PLEICH GEORGE A TRUSTEE POLARIS LAND SURVEYING RETIZ TONY TRUSTEE ET AL 1010 CANYON PARK DR 485 W. NEVADA 2695 MICKELSON WAY ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01316 391 El4CC 4000 PA-2016-01316 391 E14CA 5600 PA-2016-01316 391E14CC 4600 ROBISON ELEANOR S TRSTE FBO SECOND AVENUE HOLDINGS LLC SURBER CARL 2321 BLACK OAK WY PO BOX 613 955 BELLVIEW AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01316 391 El4CD 5201 PA-2016-01316 391 E14CA 5500 955 BELLVIEW VAUGHN GAYLE VOGEL CARL ERWIN TRUSTEE ET AL 7/27/2016 NOC 231 NW 73RD CT 924 BELLVIEW AVE 26 NEWPORT, OR 97365 ASHLAND, OR 97520 i LL i p 004 230 cut o EA K J MID 211 q HUD Hui bLI CUB r,oo ~N'llit 12g U, 01! ma bou ~111Jak ~ H'T Eof ! 1itLb ; t HUT j ` s Au g ll ~i~ ~LlLN `a Li I~ Sul to d~ `~-~1 'j' a . 1x'11 iJi L?'! I ' ~r~~ ll il! ~ Vi ~ tic ~1' 51 ~Ajutl Aljd. Y NO was 3c'. 44700 4600 i s s ONION nY 1;i `ll il+ P € not, a i~ Lt 4510 114U 4401 S " 130-0 BYU U, 11ti LP ± E awl' d !i Ll u p 4 e 5 J'U D Z '014 Eg ~ ,I a e . il' fl f3 LP I'll U U 1 _ 3$y i1 i Li It Ld V) m _ L w 2 i~ II Ii Woo ~0 c ~4 Li I. S o 'M s s ~ s - _ - ~ - ,l - - - 7 _~7 ---r e / asS OS m l l l r-----o -l 1 1 _ OS J OS -HO 5z ` ^ dH0 / Cf (Z(1 mss' ~Q moo' p ~ Q ~ ----dHO= w ~I ti N Q 7.160 h j h ~ if ~ 3d073NJ3 IT91J1071n T ~ n Q N011VJONn03 3132VON00 NO t 35no0 ! 3yl v&j 000M AIIO1S- l a , Z1, ' cI o.. .r e W\ ..r1 1" zW W I IQ: ^I '^t A ~'v~ v 0) i Cyr O p ti >c r o E~ N: x O M ° 43 vi '1 co v /i x N i~~ in 3 N k. ~6' ~ tb~ ~ v i l~1 i O ,01 3 e«&p ~ ~ N a ~ yy i t, July 20, 2016 Mike & Linda Ganim 570 Taylor Street Ashland, OR 97520 RE: Incompleteness Determination for PA-2016-01316/955 Bellview Avenue Dear Mr. & Mrs. Ganim, After reviewing the July 11, 2016 application submittal partition of the property at 955 Bellview Avenue, I have determined that the application is incomplete. Incomplete applications are subject to delay in accordance with state law (ORS 227.178), and cannot be further processed until the missing information listed below is submitted. ® Owner's Signature (AMC 18.5.1.050.A.1) - Carl Surber is listed as the owner on the application form provided, and he is shown as the current property owner in the County Assessor's records. Our code requires the property owner's signature on the application form in order to deem an application complete, ® Building Envelope (AMC 18.3.10.080.H, 18.3.10.090.A.2/G, 18.3.11.090.A) - As noted during the pre- application, all new lots created from properties containing Flood Plain Corridor, Severe Constraints Lands and/or Water Resource Protection Zones (all of which are located on this property) are required to identify a building envelope containing a buildable area of a sufficient size to accommodate the uses permitted in the underling zone outside of these unbuildable areas. In conjunction with the identification of a building envelope, the application will also need to identify the required 20- by 20- foot usable yard area required in AMC 18.5.3.060.P. ® Parking & Circulation (AMC 18.5.3.060.K) - The application needs to demonstrate that each lot served off of a flag drive has three parking spaces situated to eliminate the necessity for vehicles backing out (i.e. adequate area for turning to exit to the street in a forward manner needs to be shown for all three spaces, while considering the existing trees on the property.). Given that the flag partition requirements call out a 15-foot paved width requirement centered within a 20-foot clear width, that fire apparatus access requirements dictate specific turning radii, and that the paving will be very near to the group of cedar trees at the front of Parcel 2, it would be beneficial to clearly illustrate the proposed paved area within the access easement and to the required parking spaces. ® Tree Protection (AMC 18.4.5.030) -The application illustrates a number of significant cedar trees in the same area where the flag driveway provides access to the lot. The application will need to include tree protection details which illustrate any necessary measures (i.e. at a minimum six-foot chain link fencing) to insure their protection during driveway excavation, utility installation and paving, as well as addressing their on-going viability with the proposed driveway placement, and the protection of these trees and those along the riparian corridor at the rear of the property with development of the rear lot. ® Separation Between Curb Cuts (AMC 18.4.3.080.C.3.a) - As discussed during the pre-application conference, there is a requirement that curb cuts be separated by a minimum of 24 feet. The site plan should make clear that this separation can and will be achieved to avoid the need for a Variance. ® Electrical Service - In reviewing the application with the other departments, the Electric Department has indicated that the electrical service will need to be upgraded from a pedestal to a transformer to serve the existing two homes and two new lots. The Electric Department noted that this was discussed at the i Community Development Dept. Tel: 541-552-2040 20 E. Main Street Fax: 541-552-2050 ' Ashland, Oregon 97520 TTY: 800-735-2900 l M derv s time of the partition for 965 Bellview, but has not been addressed', We'll need to know where the transformer is to be placed, and what is to be done about the placement of the existing pedestal which is shown in the middle of the access easement and which may obstruct fire apparatus access. Dave Tygerson in the Electric Department can be reached at (541) 552-2389. This should be addressed as part of the demonstration that adequate utilities are to be provided, but if necessary can be addressed through conditions of approval. ® Conservation Easement (AMC 18.3.11.090.13) - The Water Resource Protection Zone is required to be preserved in a Conservation Easement. This. can be addressed through a condition, and is not a completeness issue. To continue review of your application, you must either: 1. Submit all of the missing information listed above; 2. Submit some of the requested information and give the City of Ashland Planning Division written notice that the remaining information will not be provided; or 3. Submit written notice to the City of Ashland Planning Division indicating that no additional information will be provided. Please note that failure to complete one of the three options within 180 days of the original application submittal date of July 11, 2016 will result in your application being deemed void. The application will be deemed void if the additional information is not submitted by January 7, 2017. Planning staff will expedite review of the requested materials once they are received. I have enclosed a form, entitled the "Applicant's Statement of Completeness". Please review the enclosed form and return it to me with any additional material you will be submitting. Your application cannot be further processed until the Applicant's Statement of Completeness form is completed and received by the City of Ashland Planning Division. If you have questions, please don't hesitate to contact me at (541) 552-2040 or via e-mail to Regards, Derek Severson, Associate Planner Encl: Applicant's Statement of Completeness, Cc: File, Owner, Polaris C Community Development Dept. Tel: 541-552-2040 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 v t,washiand,er.us derE ~'.u s i` i Date Received Applicant's Statement of Completeness (To be completed by the Applicant and returned to the City of Ashland Re: PA-2016-01316, 955 Bellview Avenue (to be completed by staff) Date Application Expires: January 7, 2017 c Pursuant to an Incompleteness Determination, I, the undersigned applicant or agent for the applicant, elects one of the three options below by initialing: ( 1. Submit All of the Missing Information (117ilial ifelectcd) I am submitting all of the information requested in the Incompleteness Determination letter. Unless checked below, I am requesting that the City of Ashland Planning Division review this additional information within 30 days of submission to determine whether the application is complete. I understand that this 30-day review for completeness period for the new information preserves my opportunity to submit additional materials, should it be determined that the application is still incomplete after the second review. (Note: The 120-day period for the City of Ashland's final determination of compliance Tj ith applicable criteria does not commence until the additional review for completeness period is completed) Check if dc,sircd ❑ I waive further review of the information submitted for completeness and direct review of the information submitted for compliance with the Community Development Code criteria, regardless of whether the application is, in fact, later determined by the staff to be incomplete. I understand that by checking the above statement the application will be evaluated based upon the material submitted and no notice of any missing information will be given. If material information is missing from the application, the application will fail to meet the burden of showing that all criteria are met, and the application will be denied. k i; Community Development Dept. Tel: 541-552-2040 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 WW dereks& s 2. Submit Some of the Requested Information: (Initial iJ elech,d) Decline to Provide Other Information I am submitting some of the information requested and declining to submit other information requested in the Incompleteness Determination letter. I understand that by declining to submit all information the City of Ashland believes necessary, the Ashland Planning Division may conclude that the applicable criteria are not met and a Denial will be issued or recommended. 3. Decline to Provide any of the Requested Information (lr~itial if elc~ctc:cl) I decline to provide any of the information requested. I understand that the Community Development Department may conclude that the applicable criteria are not met and a Denial will be issued or recommended. Signed and Acknowledged (Applicant orApplicant's Agent) Date Return to: City of Ashland Planning Department Attn: Derek Severson, Associate Planner c/o 20 East Main Street Ashland, OR 97520 Community Development Dept. Tel: 541-552-2040 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 \ "A derE- e, - s July 9, 2016 Submitted to: City of Ashland Planning Department Project Information Planning Action: The Applicant is requesting a Lot Partition to divide the existing .68 acres (29,620sf) into two parcels, one parcel containing the existing home (10,000sf) and a new flag lot (19,620sf). Owner: Mike and Linda Ganim 570 Taylor Street Ashland, Oregon 97520 (541) 840-8588 mikem@~imconstruction.com C Surveyor: Polaris Land Surveying LLC 485 W Nevada Street Ashland, OR 97520 (541) 482-5009 Subject Property: Address: 955 Bellview Avenue, Ashland OR Map and Tax Lot: 39 1E 14CC; 4600 Plan Design: Single Family Residential Zoning: R-1-7.5 Adjacent Zoning R-1-7.5 Lot Area: .68 acres/29,620 sf Lot Coverage: max in zone -45% Existing Site Improvements: Existing 1726 sf Single Family Residence with 600 sf attached garage. There is a 900 sf outbuilding and approximately 500 sf of concrete driveway. 1 Findings of Fact Proposal: The applicant is requesting a Land Partition in order to divide the existing 29,620 sf parcel into two parcels. The front lot will be 10,000 sf and contain the existing home. The remaining 19,620 sf will create the new lot. The front lot and existing house will be accessed from the existing driveway. The new back lot will be accessed from the adjacent flag lot on the south property line. Each lot complying with the applicable standards of the R-1-7.5 zone and as set forth in the applicants written findings of fact below. Property Description: The Subject property is on the west side of Bellview Avenue. There is a 1726 sf single story residence located approximately 40 feet from the street. Bellview has a 60 foot public right-of-way which extends approximately seven to twelve feet behind the curb line. Attached to the residence there is a 600 sf garage. Clay Creek - local stream with 40 foot Water Resource Protection Zone buffer from the c/I of the steam. Clay Creek also has a City of Ashland adopted floodplain boundary. Topography: The site slopes approximately 4% to the north. There is an approximately 35% slope in the rear of the property adjacent to Clay Creek. 2 Applicable Criteria: NOTE: City approval criteria are in italic and answers are standard format. Criteria for a Minor Land Partition and Flag Lot Partition Approval from Chapter 18.5.3.050 and 18.5.3.60 i is A. The future use for urban purposes of the remainder of the tract will not be impeded. The proposal as designed will not impede the property's ability to accommodate the zones permissible densities or uses as outlined in Ashland Municipal Code. 8. The development of the remainder of any adjoining land or access thereto will not be impeded. The adjacent properties are developed with access from there adjoining streets. No remainder adjoining land will have their access impeded by the proposed partition. 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. The partition meets or will meet all applicable city-adopted neighborhood or district plans and any previous land use approvals for the parcels. D. The tract of land has not been partitioned for 12 months. The parcel has not been partitioned in the previous 12 months. E. Proposed lots conform to the requirements of the underling zone, per part 18.2, and applicable overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and access, tree preservation, and solar access and solar access and orientation). The partition meets or will meet all applicable laws, ordinances, and resolutions per sections 18.2, and 18.3. The proposed parcels meet or exceed all development standards per part 18.4 parking and access, tree preservation, solar access and orientation. (See attached site plan). 3 F. Accesses to lots conform to the standards in section 18.4.3.080 Vehicle Area Design The accesses to the lots conform to the standards in section 18.4.3.080 Vehicle Area Design. (See attached site plan). 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 the transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications. All public facilities serving this parcel are adequate and located within the Bellview right-of-way. The preliminary plat will identify all utility locations. The parcel will be partitioned In accordance with the City of Ashland Public Works Comments (see attached). H. Unpaved Streets. 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 designate 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. The property fronts onto Bellview Avenue which is a fully paved public right-or-way exceeding 20' in width. 1. Where an alley exists adjacent to the partition, access may be required to be provided form the alley and prohibited form the street. No alleys exist on or adjacent to the subject property. J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development. There are no State or Federal permits applicable to this partition. 4 r 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria A. The criteria of section 18.5.3.050 are met. To the best of the applicants' knowledge, all requirements for a minor land partition have been satisfied. 8. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, must meet the minimum square footage requirements of the zoning district. The proposed parcels meet or exceed the minimum lot area for the R-1-7.5 zoning. C. Flag drives shall be in the some ownership as the flag lots served. Where two or more lots are served by the some flag drive, the flag drive shall be owned by one of the lots and an easement for access shall be granted to the other lot or lots. A single flag lot will be created. Access to that lot shall be by the flag pole. Easements for access to the front lot will be as shown on the plot map attached. D. Except as provided in subsection 18.5.3.060.H, below, the flag drive serving a single flag lot shall have a minimum 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 adjacent properties 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. A 25' wide flag pole will be created, serving a single flag lot. The front lot will utilize the flag pole for access to the existing garage and parking. Both lots will use the existing curb cut to access the flag pole. A 12' wide paved surface shall be provided. Easements and flag lot are per the attached plot map. I° E. Curb cuts have been minimized, where possible, through the use of common driveways. No more than two flag lots are served by the flag drive. Both new parcels will use existing cub cuts so that no new curb cuts will be necessary. 5 i F. Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may 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. The slope of the flag drive is approximately 2-3%. G. Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other public ways. All surface drainage will be contained and directed to proper storm water facilities. H. Flag lots adjacent to an alley shall meet all of the requirements of this section, except that. 1. Vehicle access shall be from 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 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'z feet high. The 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 from the street with three-inch black numbers. There are no adjacent alleys to the parcel. 1. Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the Oregon Fire Code and subject to all requirements thereof. Flag drive shall meet or exceed all Fire Apparatus Road minimums per the Oregon Fire Code. 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 Staff Advisor, 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. Flag drive shall meet or exceed all Fire Apparatus Road minimums per the Oregon e,Code., 6 K. Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles backing out. The new lot is large, light sloping, and generally free of encumbrances. Although a building plan has not been developed at this time, the lot provides for three parking spaces that can readily provide ease of t turning around to prevent the necessity of backing out. At the time of building submittal, a plan will be 4 developed to show area for three parking spaces. I!; L. There shall be no parking within ten feet of the centerline of the drive or either side of the flag drive entrance. The flag drive will be designated a fire apparatus access road and will be delineated to prevent parking within 10 feet of the centerline of the drive or the 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. No buildings are planned at this time. Automatic sprinkles will be addressed at the time of building submittals. 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 18.5.3 - Land Divisions and Property Line Adjustments City of Ashland 5-41 Land Use Ordinance adequate fire access. Screening and or Fencing will take place prior to issuance of Certificate of Occupancy on the new lot. 7 f i 0. The applicant has executed and filed with the Community Development Department an j agreement between applicant and the City for paving and screening of the flag drive. Such an agreement shall specify 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. The applicant will execute and file with the Community Development Department, an agreement to provide paving, screening and maintenance of the flag drive as a condition and issuance of a Building Permit for the new lot. P. Flag lots shall be required to provide a useable yard area that has a minimal dimension of 20 feet wide by 20 feet deep. As used in this chapter, the term "useable yard area" means a private yard area which is unobstructed by a structure or automobile from the ground upward. At the time a building permit is submitted for the flag lot, a 20' x20' area will be identified in compliance with the standard. 8 I j Other Solar Access Performance Standards: The proposed parcels have been designed to meet the applicable Solar Access Standards. Both lots have a North/South width of 100.5' and a slope of - 4% to the North of the property centerline. As evidence of the lots compliance using the formula SSB= (H-6) / (0.445 +S). i Front Lot: (21-6) / 0.445+ 0.04) = 37' set back Flag Lot: (21-6)/0.445+(-0.04) =37' setback The building envelope is designated of the plot plan. Set back is less than 50% of the lots N/S dimension. Public Facilities: The Applicant is prepared to sign in favor of a Local Improvement District for the Bellview Ave and commit to future contributions for their improvements. Trees: The applicant will comply with the requirements of 18.5.7, including a Tree Preservation, Protection and Removal Plan in accordance with 18.4.5. All trees 6" in diameter and larger a noted on the plot plan. All trees will be protected during construction and a tree removal permit will be obtained for any tree 18" dbh or greater on the parcel. Setbacks: Existing structures meet or exceed minimum setbacks for standard front yard of 15 ft., 6 ft. side yard, and 10 ft. / story rear. Building envelope for new lot can be found on the plot plan. Setbacks for new lot to flood plain and steep slopes are also addressed on the plot plan. Ashland Fire and Rescue Comments: I accordance with OFC 505, the existing home has proper Addressing. The Flag Lot will conform to Addressing, Fire Apparatus Access, Fire Apparatus Turn Around, Fire Flow, Fire Hydrant Distance to Structures, Fire Department Work Area, Fire Sprinklers, Gates and Fences, Vegetation. Consideration of these items and adequate room has been given to accommodate in the design and layout of the partition. Final determination of the fire hydrant distance, fire flow, and fire apparatus access requirements will be based upon plans submitted for Building Permit review. z 9 . Public Works Comments: In accordance with comments, there are no additional street improvements or driveway improvements required at this time but proposed improvement must be reviewed and permitted by the City of Ashland. No right of way dedication will be required at this time. All erosion and sediment control will meet the minimum standards set forth by the City of Ashland Standard Drawing CD282 and must be in place before any construction related to the project begins. Any construction within the public right of way will be permitted by the Public Works Department. New address for the flag lot will be assigned by the City of Ashland Engineering Department. Sanitary sewer and Storm Drainage for the front lot will remain as is and continue to be serviced by Utilities located in the Bellview Right of Way. Sanitary sewer and Storm Drainage requirements will also be serviced by the utilities in the Bellview Right of Way. The location and size of these utility connections will be determined at the time of a Building Permit Submittal for the new flag lot. Electrical and Water Service connections will remain as is for the Existing front lot. Location of these services is shown on the plot, plan. The electrical service will be installed by the City of Ashland in accordance with the attached comments and drawings by COA Electrical Department. Water Service will be installed by the City of Ashland Water Department. Fees for Electrical and Water Services will be paid in full prior to approval of the final Plat. Ir, I 10 r z -04 I Awl - _ x Irv- o 45- f - ire s a _ L ) Z FL 4N .4 - i I ~ ' ' i ~ ' G ' i S ~ ~ i ~ ~ i j I i ~ ~ i t, i ; _ I, ~ ~ i ~ ~ 11~ _ 3 I ! j q-.':1 - - ~ i. I ~ ' i 1 ~ ) ~ _ _ _ r - ~ i ~ ~ . ! I. - n !Yr C ~ a c ~ c J r ~ ,_rG3 ~ ~ d i C R' Ld ~ G U ~ I J O r, n ~ :Z f n, 79 ~ J c J -G ^G8 W Q G! '~!i I G J ,,'ij ^J V .Gj f Cy+ J y G ' . i 0. J am' J c G y diem I M wo C ^,J G J r J ANN vs U~ Awlk 7 C F r~ ✓ {.x. C .3 r~ G c r q,~ IQ r Oro f 2i c = ~ u C ~ J ~ri ~ r v c c t ~ 3 c v c f~ ~ r c ~i c ~ u c c ~ c ~ ~ r ° V -s c a r c L: u a ~ CI; ~ v f X J L C7 ~ C C ~ •r_e ~ ~ .=C .n { 3 y CVS y J <7 C3 A. L i r, n n LE r 9 ~w ~f tf ,f I O O U U O o s O O N N O Cl) r p O r) I I O t> c) iO ~ Ir) p... rr) 1) ~ r- u7 I O O O .1r j. I~i', I I l~] iS) u) Z u r CO p I a> O r~ ~ J O T .L) il) ~ ~ C J CC) Q y w > c a) =5 a) J O v LL G) Q w w LL U I to ~ Q (C5 ~ w o Q w a m I I y w z Q C w D O w m Q c_) I cir Q Q c~ >-O o O O tJi_ c_> O ~ N z 5 D r> o O m'.L N ¢ c } =o (i7 L O U) M Lo C (D k y E i p L N U CL LL. h ® dam' a~ oo zS.8 y3yg U a O a c IF °o ® _ - o a e a e e e -®w e ® a gE N N _ N m N N N N O I ® O J g I O P MISTLETOE iL9 z w wz O w z w C, f z F, 0 ~g ~J o = 0 ~ ~33a0 0 NVN101 LLI w w Of w w z el ¢ m~ tiJ N Q o - pw O Cl) m a m u ~d ~tL ~6- O z w N O ~m Q O ^ O Owo AVM3lddV N N cr) FQ~ 1 O X-- c gi-f- ¢ N N _ -j p N l ^ r; _ / m ¢ Q } 0 - ® O z 0 O w a: Op Q N w co N ¢ M Cl) ~N n T W n N W il 76 2V ON Y N N a t~ z ~j Q4 N U O a AVlO Y ~ I e UQ to m 3nN3AV 3NVf IU N l0 3nN3AV VON 11 w w o-0 Ui n'N~ co w 3 3` w Z El El I I I I g Q 0 _ a n N 9 A V Al 9 I A 7 7 9 S os 1 s / as m ' as ' ao ' Os _ - - 1 1 - L6 ~3 9 dHo O Qg 1 0001 - M 190.O~Hg0 S ~ 1 dHo 3 ~ J / N %2180 Z WSW ~ ^ ga ~ \ ~i q a >(WAGois o NOLLVGNn03 =&DN00 NO ~A v 3sNOH 3nvd-j OOOM k vo.Ls- L ~ W x~ ON l d IA S o 4 0 A~a2p Z 12 4 Rj \ i . z 10096 2' Pl. 0 LIU O I o o Ln _ xo Vj I `r o N I I j< ~N ~ M H I N ~ j LQI I I 3 N N 00 00 T ~ N O I I ~ N ~o \ ;1 ,L6,/1 17u, f- A m - V iSyn. Z '01 *1 Cl 60 Bg \ w v o~ ~U N f ZONING PERMIT APPLICATION Planning Division AS 51 Winbum Way Ashland OR 97520 T Y O F 541-488-5305 Fax 541-488-6006 FILE ®I 3 HI.AAND DESCRIPTION OF PROJECT L&M l/ DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO Street Address T~rflyla? Assessor's Map No. 39 1 E rr. Tax Lot(s) 0 Zoning-..P- 1-1, Comp Plan Designation APPLICANT Name i k a, I -Phone u° S _E-Mail ► l ir~+cfil~Aat~1~,C(O, Address 57® OL~ fe fid City ash I Zip PROPERTY OWNER Name &I ~ Phone E-Mail Address G65 lvw~) city. 1 Zip q?fib SURVEYOR ENGINEER ARCHITECT LANDSCAPE )l ARCHITECT, OTHER Title Name I $ 16~I Phone AFL ° S®®1 E-Mail Address`` 0e 5 W, 1 lytAA- city vlshi l zip 7 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 1 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 ill resu ' ost # ely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my ex nse. If 1 hav- ~ ,ny doubts, / am advised to seek competent professional advic and a istance. Applidnt s Signature Date As owner of the pr perty ln-vo ve in this request, l have read and understood the complete application and its consequences to me as a property owner, ~ Property Owner's Signature (required) Date rro be completed by City Staf J I Date Received IA 11~ Zoning Permit Type ItA (i Filing Fee $ I! ~6 IV OVER GAmc -dev\planning\Ponns&Handouts\Zoning Permit Application.doc ZONING PERMIT SUBMITTAL REQUIREMENTS ❑ APPLICATION FORM must be completed and signed by both applicant and property owner. ❑ FINDINGS OF FACT - Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include information necessary to address all issues detailed in the Pre-Application Comment document. ❑ 2 SETS OF SCALED PLANS no larger than 11"x17". Include site plan, building elevations, parking and landscape details. (Optional -1 additional large set of plans, 2'x3', to use in meetings) ❑ FEE (Check, Charge or Cash) ❑ LEED® CERTIFICATION (optional) - Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps: ® Hiring and retaining a LEED® Accredited Professional as part of the project team throughout design and construction of the project; and ® The LEED® checklist indicating the credits that will be pursued. NOTE: ® Applications are accepted on a first come, first served basis. ® Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full payment. ® All applications received are reviewed for completeness by staff within 30 days from application date in accordance with ORS 227.178. ® The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St). ® A notice of the project request will be sent to neighboring properties for their comments or concerns. ® If applicable, the application will also be reviewed by the Tree and/or Historic Commissions. I GAcou -dev\plauningTo=s d Handouts\Zoning Pemut Application.doc i t i Job Address: 955 BELLVIEW AVE Contractor: ASHLAND OR 97520 Address. i C A Owner's Name: SURBER CARL/EUNICE E d Phone: ~ Customer 07468 N State Lic No: I P GANIM LINDAA/GANIM MICHAEL T City Lic No: Applicant: 570 TAYLOR ST R Address: ASHLAND OR 97520 A C Sub-Contractor: A Phone: T Address: N Applied: 07/11/2016 0 T Issued: Expires: 01/07/2017 Phone: State Lic No: Maplot: 391E14CD5000 City Lic No: DESCRIPTION: Type 1 for land 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) 1,158.00 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.ocus CY OF j Y Inspection Request Line: 541-552-2080 I/AlS "11 LAN D c 4 I I I' i l 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 (180 days). Development Fees: $ 0.00 $ 0.00 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: $ 1,158.00 $ 1,158.00 or local laws, ordinances, or regulations rests solely with the applicant. Sub-Total: $ 1,158.00 Fees Paid: $ 1,158.00 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 www.ashland.or.us Inspection Request Line: 541-552-2080 C I T Y F