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HomeMy WebLinkAboutHelman_396_PA-T1-2018-00006 i CITY a. August 20, 2018 Notice of Final Decision On August 17, 2018, the Community Development Director approved the request for the following: Planning Action: PA-TI-2018-00006 Subject Property: 396 Helman Street r Applicant: Rogue Planning & Development Services/Helman Street Properties LLC c Description: A request for a Minor Land Partition to divide the property at 396 Helman into two properties - a 6,579 square-feet and a 16,791 square-foot flag lot. The tree protection plan and the trees proposed for removal as part of these lots' development will be reviewed by Tree z" Commission at their next meeting. COMPREHENSIVE PLAN DESIGNATION: Single- Family Residential; ZONING: R-1-5; 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. 1 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. I' 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 Fotini Kaufman or Nathan Emerson in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft 1 c COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 f f 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. Tune 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 f Ashland, Oregon 97520 TTY: 800-735-2900 ` f _ T, 11' S --ASHLA PLANNING DIVISION FINDINGS ORDERS PLANNING ACTION: PA-T1-2018-00006 SUBJECT PROPERTY: 396 Heiman Street APPLICANT/OWNER: Rogue Development Services/Heiman Street Properties, LLC DESCRIPTION: A request for a Minor Land Partition to divide the property at 396 Heiman into two properties - a 6,579 squares feet and a 16,791 square-foot flag lot. The tree protection plan and the trees proposed for removal as part of these lots' development will be reviewed by Tree Commission at their next meeting. COMPREIIENSIVE PLAN-DESIGNATION: Single-Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 lE 04CA, TAX LOTS: 4900 SUBMITTAL DATE: April 1_8_,2018 DEEMED COMPLETE-DATE: Jun° 29, 201-8 STAFF APPROVAL DATE: August 17, 2018 APPEAL DEADLINE -(4:30 P.M.) September 3, 2018 FINAL DECISTON DATE. September 4,.2C)18- APPROVAL EXPIRATION DATE: March 4, 2020 DECISION The proposal is a request-for land partition to :create two lots. One lot-will include the existing single-family residence located at 396 Heiman and the new vacant lot will be accessed via a flag drive and located behind the existinghouse. The subject-property is-located on the east side of Heiman St near the intersection of Orange Ave and Heiman St. The-surrounding neighborhood is single-family-Homes. The rear lot line abuts the Ashland Creek riparian area and across the creek, there is the Ashland Creek Park. The subject property and surrounding area are zoned Single-Family Residential (R-1-5). The property is 23,370 square feet or .536 of an acre in size. The property slopes downhill to-the east towards the creek. There is a single-family residence located on the western half of the lot that is accessed by_a driveway-on the north side of the lot. The residence is listed as 932 square feet in county-records and was constructed in_ 1910. An existing 974-gar-age/shop/barn is located behind the- residence towards the rear of the lot. A. significant portion of the rear of the 4ot is located in the Ashland Modified Flood Plain. The barn-is just outside ofthe flood plain-corridor. The_barn_is proposed to be retained, but could be-requested for-removal through- a demolitionpermit if shown not to be feasi:bre Tor renovation. There are a significant number-of-l-arge trees on the property. There are five trees greater than 18-inches diameter at breast height (DBH). One of these trees is requested for removal. Other smaller trees that are too small to require a tree removal permit are also proposed to be removed. PA-T1-2018-00006 396 Helman St/fk&nre Page 1 i The proposal is to divide the subject property into two lots so that the existing house remains on one lot (Parcel 1) and a new vacant lot (Parcel 2) is-created in the rear of Parcel 1. When the- new vacant lot is developed in the future, the home will be accessed from Hehnan St along a flag drive. Both parcels exceed the minimum- lot size of 5,000 square feet for the zone with Par-eel 1- being 6,579 square feet in size and Parcel 2 being 16,791 square feet when including the flag pole according the application. The existing lot is large enough to be divided into two lots and the future use of the lot and surrounding properties for urban-purposes will not be affected by the proposed -land partition. There are no previous planning actions are land partitions on file for the subject property for the past-12 months. The flag drive is more than 50-feet in length and according to the application, will be paved with concrete, pavers, asphalt, or similar material to 15-feet in width and the grade will not exceed 15-percent, which meets the width and design standards for paved access. As described earlier, both lots exceed the minimum lot size of 5,0-00 for-the R-1-5 zone: According 11-0- the application, proposed-Parcel 1 will have 33% percent lot coverage including the existing home, driveway, and new parking which is-below the allowed 50 percent lot coverage for the zone. The lots shapes are fairly conventional rectangles. According to the application, Parcel 1 has a lot width-of approximately 65 feet wide and a lot depth is 100 feet and-Parcel 2-has-a lot width of 85.79 feet and a lot depth of 151.73 feet As a result, both lots meet the -requirement that the lot width-does not exceed the lot depth. Parcel 1-is oriented to Hehnan St with the front lot line to the west and the rear lot at the east. Parcel 2 will have a similar orientation with the flag drive providing frontage on-114elman. Land partitions which create new lots are required to be configured so that a 21-foot high structure can be located on the lot and the required solar setback will not exceed 50 percent of the lot's north-south- lot dimension (AMC l SA.8.040.A): Accor-ding~vo the application, the vacant lot (Parcel 2) slopes 1.5-percent downhill to=the north. The proposed lot partition allows both lots to comply with solar setback standard A. Proposed parcel 1 is-allowed to shade the flag driveway, andthe rear-lot is-85.79 feet wide and a 2146ottall shade producing point-requires a setback of 34.8-feet, which does not exceed 50-percent of the width. k Three trees along the front property- line are requested for removal because they are within the proposed utility easement and located in the path of excavation for the electric infrastructure. The 32.4 DBH cottonwood is the only one over 18-inches proposed for removal. Two street trees are proposed-to be planted in the front yard behind the sidewalk and selected from the Recommended Street Tree Guide. One conifer is also proposed as mitigation for tree removal. The 5 small cedar trees proposed for removal were planted as a screen, and have become-crowded. The-removal of the trees. will not have significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent-trees or existing windbreaks. The lot has minimal slope. Soil erosion is not evident-on the property. The trees proposed for removal are more than 60- feet from Ashland Creekand are outside of the floodplains, and water resource protection zone. The 29-inch DBH Silver Maple on Pareel 2 is proposed to be protected when the time-comes to construct on the property; a condition has been added to ensure its protection at thatimne. The-water and sanitary service will be-provided from Helman Street to the parcels. Electric service will be installed per the electric distribution plan. The vacant site will be served by city facilities including water, sanitary sewer and storm drainage facilities in Helman Street. A condition has been added-requiring a utility plan addressing all public utilities including electric to be provided for review and approval prior to the signature of the final survey that creates the new lots. PA-T1-2018-00006 396 Helman St/fk&nre Page 2 The approval-criteria for a partition are in AMC 18.53.050 as follows: 18.5.3.050 Preliminary Partition Plat Criteria -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. A 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-A (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 drainages 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 L Minimum Street Improvement. When there exists a 20-foot wide, access along the entire street uontage-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 offull street improvements and to not-remonstrate to the formation of a kcal 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 maybe 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. PA-T1-2018-00006 396 Helman St/fk&nre Page 3 i K A partition plat containing one or more flag lots shall additionally meet the criteria in section 18.5.3.060. The additional criteria for a Preliminary Flag Lot Partition Plate described in AMC Chapter 18.5.3.060 as follows: The approval authority shall-approve a preliminary plat application for a flag lot partition only where all of the following criteria are met. A. The criteria of section 18.5.3.050 are met. B. 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. 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. D. Except as provided in subsection 18.5.3.060.111,-belcw, 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 surfaceto 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 Ruins 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.- F. Flab 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 M 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 of the flag lot. 4. The flagpole 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 fromthe street on a four-inch by four-inch-post that is 3'/2 feet high. The post shall be painted-white with black numbers three inches high running vertically down the front ofthi 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. 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. J.- When required-by the Oregon Fire Code, flag drives greater than 15G feet in length shall provide a turnaround (see Figure 1-8.4.6.040: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. 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-requirement shall be -waived if the structure-served-by the-drive has-an approved automatic sprinkler system installed. N. Roth sides of the flag drive have been screened-with a site-obscuring fence, wall or evergreen hedge to a height of from fourto six feet, except in the-3ont 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 fire 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 specify the period within which the applicant, PA-T1-2018-00006 396 Helman St/fk&nre Page 4 } 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. 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. The application with the attached conditions complies with all applicable City ordinances. Planning Action #T1-2018-00006 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 #T1-2018-00006; is denied. The following conditions are. attached to the approval. Thal all proposals of the applicant-shall be conditions of approval unless otherwise modified herein. 1) That the following items shah- be submitted for-review and approval of the Ashland Planning Division.prior to signature of the final survey. a) That a final utility plan for-the parcels shall be submitted for review and approval by the Planning, Engineering, Electric, and Building Divisions prior -to signature of the final survey plat. The utility plan sham include the location of connections to all public facilities including the locations of water lines arid meter sizes, fire hydrants, sanitary sewer lines, storm drain lines and electric services. b) All easements for public and private utilities and access shall be indicated on the final survey plat as required by the Ashland -Engineering Division. c). That the electric service shall be installed underground to serve the new vacant lot (Parcel 2) prior to-signature of the final survey plat. At the discretion of the Staff Advisor, a bond may be posted for the full amount of underground service installation (with necessary permits and connection fees paid) as an alternative to installation of service prior to signature of the final survey plat. d) ?-hat the sanitary sewer laterals and water services including connection with meters at the street shall be installed for the new vacant lot (Parcel 2) prior to-the signature of final survey plat e) That the property owner shall sign in favor-of local improvement districts -for the future street improvements, including but not limited to sidewalks, parkrow, curb,, gutter and storm drainage, for Helman Street, prior to-signature of the final survey plat. The agreement shall-lbc signed=and recorded concurrently with the final-survey plat. f) That 2 street trees shall be inst411ed on the Helman Street frontage prior to the signature on the final survey. Alm street trees shall be chosen-from the adopted Street Tree List and shall he installed in accordance with the specifications noted in Section E of the Site Design and Use Standards. The street trees shall be irrigated. g) That a final survey plat shall- be submitted within 18 months of the final decision date of the PA-TI-2018-00006 396 Helman St/fk&nre Page 5 i preliminary partition plat for review and approval by the City of Ashland. 2) That prior to the issuance of the building permit for the new vacant lot (Parcel 2) the following-shall be completed. a) That the tree protection fencing shall be installed according to the approved plan prior to any site work, storage of materials or issuance of the building permit. The tree protection shall be inspected and approved by the Ashland Planning Department prior to site work, storage of materials and/or the issuance of a building permit. 3) That prior to the-issuance of the certificate of occupancy for Parcel 2 the following shall be -completed. a) That three parking spaces in conformance with 18.5.3.060.K will be provided on Parcel 2. b) That the flag-drive shall be paved to 15 feet,-a vertical clearance of 13-feet, 6-inches and be able to withstand 44,000 lbs. prior to the certificate of occupancy for the residence on Parcel 2. The flag drive shall be- constructed so a. to prevent surface drainage from flowing-over the private property lines and / or public way in accordance with Maria Harris, Acting _C&fimunity Development-Director D Ike l Department of Community Development PA-T1-2018-00006 396 Heiman St/fk&nre Page 6 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 August 20, 2018 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 PA-T1-2018-00006, 396 Helman Street. Own [fl u Sig ture of Employee C:IUsersktrapprlDesktopkTemplatesWFIDAVIT OF MAILING_Regan.doox 8/20/2018 1~` _ ~ ~ •i Ju1 -,aore rlo, r~,I >I ~ Ut9 ,Ar I 17i,jia_iK~ii ,1 I _J i PA-T1-2018-00006 391 E04CA 4700 j PA-T1-2018-00006 391 E04CA 5200 PA-T1-2018-00006 391 E04CB 4501 CATRANIDES LISA M TRUSTEE ET COLLINGS DAVID/SCHRAN- COSTER GARIN J/SANDRA O AL COLLINGS SABINE 375 HELMAN ST 424 HELMAN ST 384 HELMAN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00006 391 E04CB 5800 PA-T1-2018-00006 391 E04CA 4400 PA-T1-2018-00006 391 E04CD 900 DEAN JAMES L TRUSTEE ET AL FERGUSON DONALD H/DENISE G GANGAJI FOUNDATION 395 HELMAN ST 438 HELMAN ST 2245 ASHLAND ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00006 391 E04CA 4300 PA-T1-2018-00006 391 E04CD 903 PA-T1-2018-00006 391 E04CA 4900 GORDON CLAYTON S JR/OWENS GOULD DONNA G TRUSTEE ET AL HELMAN STREET PROPERTIES LLC BETTY L 354 HELMAN ST j 2111 NW VILLAGE CIRCLE 436 HELMAN ST ASHLAND, OR 97520 PORTLAND, OR 97229 ASHLAND, OR 97520 PA-T1-2018-00006 391 E04CA 5400 PA-T1-2018-00006 391 E04CA 4000 PA-T1-2018-00006 391 E04CB 500 JAXON-BEAR ELI TRUSTEE ET AL KATKIN ELIJAH KATZ RICHARD 374 HELMAN ST 439 HELMAN ST 125 ORANGE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00006 391 E04CA 4100 PA-T1-2018-00006 PA-T1-2018-00006 391 E04CA 4800 KODAKA ICHIRO ET AL MADRONE DESIGN MC CLARY MARY K 101 ORANGE AVE PO BOX 225 418 HELMAN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 i PA-T1-2018-00006 391 E04CA 5100 PA-T1-2018-00006 PA-T1-2018-00006 391 E04CB 4502 MIKALIS NIKOS TRUSTEE FBO POLARIS LAND SURVEYING POTGIETER LEBEAU ET AL 386 HELMAN ST PO BOX 459 121 OHIO ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00006 PA-T1-2018-00006 391 E04CB 4500 PA-T1-2018-00006 391 E04CB 5700 ROGUE PLANNING & SILBERSTEIN MARK STOUT ASHA A DEVELOPMENT SERVICES 363 HELMAN ST PO BOX 1132 33 N. CENTRAL SUITE 213 ASHLAND, OR 97520 RANCHOS DE TAOS, NM 87557 MEDFORD, OR 97501 PA-T1-2018-00006391E04CA 4600 PA-T1-2018-00006 TERRALL VANCE L/MARY ANN CANOPY LLC 396 Helman 422 HELMAN CHRISTOPHER JOHN NOD 8/2012018 ASHLAND, OR 97520 157 MAX LOOP 23 TALENT, OR 97540 I I I i i I I ~:Y~ I~:<J1~"'z ~ i'Il-b -1ir~ ~iiti,-, ~~I ~ , il ~ ,•,1 L~ ~f..~ i~~l ,1 I 1 1~~:~r Planning Department, 51 Winbum Way, Ashland, Oregon 97520 , I - 541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900 NOTICE OF APPLICATION PLANNING ACTION: PA-T1-2018-00006 SUBJECT PROPERTY: 396 Helman OWNER/APPLICANT: Helman Street Properties/Rogue Planning & Development DESCRIPTION: A request for a Minor Land Partition to divide the property at 396 Helman into two properties -a 6,579 square-feet and a 16,791 square-foot flag lot. The tree protection plan and the trees proposed for removal as part of these lots' development will be reviewed by Tree Commission at their next meeting. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 lE 04CA; TAX LOT: 4900 NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, July 12, 2018 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: June 29, 2018 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: July 13, 2018 SUBJECT PROPERTY 396 HELMAN ST PLANNING ACTION #T1-2018-00006 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 18.5.1.050.G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. G:\comm-dev\planning\Planning Actions\Noticing FolderWailed Notices R Signs\2018\PA-TI-2018-00006.doex 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 18A (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. 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. i GAcomm-deOplanningTIanning ActionsWoticing FolderWailed Notices & Signs\2018\PA-T1-2018-00006.docx i PA-T1-2018-00006 391 E04CA 4700 PA-T1-2018-00006 391 E04CA 5200 rA-T1-2018-00006 391 E04CB 4501 CATRANIDES LISA M TRUSTEE ET COLLINGS DAVID/SCHRAN- COSTER GARIN J/SANDRA O AL COLLINGS SABINE 375 HELMAN ST 424 HELMAN ST 384 HELMAN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 I I PA-T1-2018-00006 391 E04CB 5800 PA-T1-2018-00006 391 E04CA 4400 PA-T1-2018-00006 391 E04CD 900 DEAN JAMES L TRUSTEE ET AL FERGUSON DONALD H/DENISE G GANGAJI FOUNDATION 395 HELMAN ST 438 HELMAN ST 2245 ASHLAND ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 j PA-T1-2018-00006 391 E04CA 4300 PA-T1-2018-00006 391 E04CD 903 PA-T1-2018-00006 391 E04CA 4900 GORDON CLAYTON S JR/OWENS GOULD DONNA G TRUSTEE ET AL HELMAN STREET PROPERTIES LLC BETTY L 354 HELMAN ST 2111 NW VILLAGE CIRCLE 436 HELMAN ST ASHLAND, OR 97520 j PORTLAND, OR 97229 ASHLAND, OR 97520 PA-T1-2018-00006 391 E04CA 5400 ~ PA-T1-2018-00006 391 E04CA 4000 PA-T1 -2018-00006 391 E04CB 500 I ~ L JAXON-BEAR ELI TRUSTEE ET AL KATKIN ELIJAH KATZ RICHARD 374 HELMAN ST 439 HELMAN ST 125 ORANGE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 I I PA-T1-2018-00006 391 E04CA 4100 PA-T1-2018-00006 PA-T1-2018-00006 391 E04CA 4800 KODAKA ICHIRO ET AL MADRONE DESIGN MC CLARY MARY K 101 ORANGE AVE PO BOX 225 418 HELMAN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00006 391 E04CA 5100 PA-T1-20 1 8-00006 PA-T1-2018-00006 391 E04CB 4502 MIKALIS NIKOS TRUSTEE FBO POLARIS LAND SURVEYING POTGIETER LEBEAU ET AL 386 HELMAN ST PO BOX 459 121 OHIO ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 I 1 PA-T1-2018-00006 PA-T1-2018-00006 391 E04CB 4500 PA-T1-2018-00006 391 E04CB 5700 ROGUE PLANNING & SILBERSTEIN MARK STOUT ASHAA DEVELOPMENT SERVICES 363 HELMAN ST PO BOX 1132 33 N. CENTRAL SUITE 213 ASHLAND, OR 97520 RANCHOS DE TAOS, NM 87557 MEDFORD, OR 97501 i PA-T1-2018-00006 391 E04CA 4600 TERRALL VANCE L/MARY ANN 396 Heiman 422 HELMAN NOC 6/29/18 ASHLAND, OR 97520 22 i i i 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. I 2. On June 29, 2018 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 #PA-T1-2018-00006, 396 Helman. Signa r of Employee C:(Users\trappADesktoplTemplatesWFIDAVIT OF MAILING_Regan.docx 612912018 i I' .'I ;I I L f ~ ~ i ~ III I 1 a0i r 43,100 j1:Jfl.1 I 1CV ft 4 I 490 4 `t -t `s' , Uhl, j! - ~s r i " I I I L 1~ ~ ! I i ~i,d~ !}I I I 1i Jill _ k~ I :i 11 I I,, i 13 d , 4LI I I i 9 j Mai Date Received (to be Completed by staff l Applicant's Statement of Completeness (To be completed by the Applicant and returned to the City of Ashland Planning Division) Re: PA-T1-2018-00006, 396 Hehnan Street Date Application Expires: October 18, 2015 Pursuant to an Incompleteness Determination, I, the undersigned applicant or agent for the applicant, elects one of the three options below by initiating:- A6 ) 1. Submit All of the Missing Information (Initia if elected) - 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-dwy review for completeness period for the new information preserves my opportunity to submit additional materials, should it be determined that the-application isstill incomplete after the second review. (Note: the 120-day period for the City of Ashland's final determination of compliance with applicable criteria does not commence until the additional review for completeness period is completed.) Check if desired ❑ 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. 1-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. Community Development Dept. Tel: 541-488-5305 20 E. Main Street Fax: 541.488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orms ( ) 2. Submit Some of the Requested-Information: Decline to Provide Other Information (Initial if elected) 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 Asktand believes necessary, the Ashland Planning Division may conclude that the applicable criteria are not met and a Denial will be issued or recommended. O 3. Decline to Provide any of the Requested Information (Initial if elected) I decline to provide any of the information requested. LI.rnderstand that the Community Development Department may conclude that the applicable criteria are not met and a Denial will be issued or recommended. ~~tc,~- Gr~tt2Y Signed and Acknowledged (Applicant-or Applicant's Agent) 06/19/2018 Date Return to: Planning Division Department of Community Development City of Ashland 20 E. Main St. Ashland, OR 97520 Community Development Dept. Tel: 541-488-5305 20 E. Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 r \`Ji www.ashland.or.us ~r CANO -PY LLC The Care of Trees canopyarborcare.com 157 Max Loop Talent, OR 97540 (541) 631-8000 June 14, 2018 Helman Street Properties, LLC 211 NW Village Circle Portland, OR 97229 RE: Cottonwood tree at 396 Helman I have inspected the site and trees at 396 Helman per the request of Amy Gunter at Rogue Planning and Development. At question is the large 32.4" DBH cottonwood (Populus trichocaiy) -tree near the street. Overall the tree appears of moderate health, exhibiting some signs of crown dieback. It is approximately 50 feet tall with a 25 foot crown spread.- Judging by the site plan provided by Madrone Design, it appears that utility lines are required to run directly underneath the cottonwood. The installation of these lines would require significant excavation within the critical root zone and under the trunk of the tree. This would most likely lead to a decline in tree health and more immediately, a loss of structural integrity and stability. In some situations boring under a tree's root zone can be an option for tree preservation. In this case, the boring activity would be extremely close to and directly underneath the tree's trunk. Judging by this utility line location on the site plan, I do not believe this to be a feasible option in this case as it too could compromise the safety and stability of the tree. I do not consider this tree to be a hazard in its-current-state. But removal is reconunended due to the required utility line installation. Removal of the tree would not have an impact on erosion or a significant impact on species diversity and canopy densities. The surrounding properties-and nearby riparian areas are well-treed, including many of the same cottonwood species. If the loss of this tree is required to be mitigated for, I would recormnend replacement with a species more suitable to long-term safety and suitability to the urban environment. Sincerely, Christopher John Arborisc Canopy LLC 1SA Certification #WE-9504A Tree Risk Assessor Qualified (TRAQ) i i rV r, i June 11, 2018 Minor Land Partition I Amended Findings of Fact Subject Property k. Property Address: 396 Helman Street Map & Tax Lot: 39 1E 04 CA; 4900 Comprehensive Plan Designation: Single Family Residential Zoning: R-1-5 Adjacent Zones: R-1-5 FEMA Floodplain Water Resource Protection Zone Lot Area: .536 / 23,370 sf Lot Coverage: Maximum 50 percent Existing SFR: 1009 SF Shop / Carport: 974 SF Gravel Driveway: 2400 SF 4383 SF Approx. Coverage: 19% Property Owner: Helman Street Properties, LLC 2111 NW Village Circle Portland OR, 97229 Surveyor: Polaris Land Surveying, Inc. PO Box 459 Ashland, OR 97520 Building Designer: Madrone Design PO BOX 225 Ashland, OR 97520 Planning Consultant: Rogue Planning & Development Services Amy Gunter 33 N Central Avenue, Suite 213 Medford, OR 97501 Page 1 of 13 Y I Request: A request for a Minor Land Partition to create a new, single family residential flag-lot for the property located at 396 Helman Street. Propertd Description: The subject property is on the east side of Helman Street, east of the intersection of Orange Street and Helman Streets. The property is zoned R-1-5. The adjacent properties are also zoned R-1-5. The lot is generally rectangular with 85.79-feet and extends an average of 270.64-feet east towards Ashland Creek. The Ashland Creek FEMA floodplain and City of Ashland flood protection zone are present at the rear of the property. The lot is occupied by an approximatly 1,000 square foot single story residence. To the rear of the residence is a 974 square foot garage/shop/carport structure. The property slopes gradually from the south to north at approximately four percent. The lot is accessed via an approximatly 12-foot wide gravel driveway. There are twenty feet of easements paralleling the north property line. Within the existing driveway there is a large public storm drain line and a large public sanitary sewer lateral. Helman Street is paved with curb and gutter, and sidewalk. City facilities are available within the Helman Street right-of-way, and along the north property line and at the rear of the property (sanitary sewer and storm). The property is not currently connected to the storm drain system. There is a large storm water easement along the north property line in the existing driveway. Ashland Creek runs along the east property line. Ashland Creek is identified on the City of Ashland Water Resources map as an Riparian Corridor that requires a 50-foot from top of bank setback. The proposed lot has adequate buildable area away from the stream and the water resource protection zone buffer. Proposal: The request is to divide the property into two parcels. Proposed Parcel #1 would the existing residence. This parcel is proposed to have 65-feet of frontage on Helman Street and is proposed to be 100 feet deep. The resulting lot area of 6,579 square feet complies with the minimum lot area in the zone. The existing residence complies with minimum setbacks and lot coverages. Proposed Parcel #2 would be a flag lot. The flag driveway is proposed to be 20-feet side as predicated by the existing easements. The larger lot area is 16,791 square feet in area, including the flag pole. I Page 2 of 13 i i I There is Ashland Modified Flood Zone, FEMA floodplain and a 50-foot water resource protection zone on the property. There is adequate buildable area outside of these restricted areas to allow for the I future development of the site. The existing 1,296 square foot barn/ garage / carport structure is proposed to be retained with the application. The structure complies with setbacks. Its structural integrity is being evaluated and I whether the structure can be converted to building code compliant, habitable space is being considered by the property owner and her contractor. The structure may be requested for removal if determined to not be feasible for renovation, restoration or rehabilitation through a demolition permit application. New lots are required to demonstrate that a 21-foot tall structure can be constructed on the subject lot and not exceed the lots N/S lot dimension. The parcel slopes approximately one and one-half percent downhill to the north. The proposed lot partition allows both lots to comply with solar setback standard A. Proposed Parcel #1, is allowed to shadow the flag driveway. The rear lot is 85.79-feet wide. This lot is wide enough to comply with solar setback standard A and a 21-foot tall shade producing point will not exceed 50 percent of the north / south lot dimension (21- 6 /.430 = 34.8). There are nine trees proposed for removal with the application. There are two cedars (8-inch DBH and 10-inch DBH), and a 32.4-inch DBH Cottonwood tree along the front property line. These trees are directly in the path of the required underground electric vault installation. There is a 29-inch, multi-stemmed Maple tree and five, nine-inch DBH cedar trees which were planted as a vegetated screen on the proposed flag lot. The building envelope has been notched to provide i; clearance for the Maple tree. The smaller stature cedar tree screen will be removed. The multi- stemmed Maple in the front yard and the large stature Oak to the east of the carport structure on the proposed flag lot are also proposed for preservation. The cedar tree fence along the north property line are not proposed for removal, but due to the Fire Code for driveway clearance, the trees may need to be pruned or removed accordingly. Tree protection fencing is not proposed for these trees, due to the limited work area for driveway pavement and the tree canopy. The driveway is proposed to be retained in a gravel state. It is due to the utilities under the flagpole and the tree preservation. Findings addressing the relevant criteria from the Ashland Municipal Code are provided herein. For clarity, the criteria is in Times New Roman font and the applicant's findings in Calibri font. I< Page 3 of 13 I Ashland Municipal Code 18.5.3.050 Preliminary Partition Plat Criteria A. The future use for urban purposes of the remainder of the tract will not be impeded. Applicant's Finding: The future use of the remainder of the tract as single family residential use will not be impeded by the proposal. u B. The development of the remainder of any adjoining land or access thereto will not be impeded. h Applicant's Finding: The development of the remainder of any adjoining land or access to adjacent residential lands will not be impeded by the proposal, With the require electric infrastructure, development of adjacent properties is better facilitated. 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. Applicant's Finding: There are no City adopted neighborhood or district plans. To the applicant's knowledge, there are not previous approvals for the subject properties that would prevent the proposed partition. D. The tract of land has not been partitioned for 12 months. Applicant's Finding: The tract of land has not been partitioned for the past 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). Applicant's Finding: The proposed parcels conform to the requirements of R-1-5 zone. Both parcels will have more than 5,000 square feet of area. Parcel #1 is proposed to be 6,579 square feet and Parcel #2 is proposed to be 16,791 square feet in area, excluding the flag pole area, the lot area is 14,791 square feet. Both parcels comply with minimum lot width of more than 50 feet. Parcel #1 is 65.79 feet wide and Parcel #2 is proposed to be a flag lot with a flag pole connection of 20 feet at the street. Both parcels are proposed to be deeper than they are wide. Page 4 of 13 ' kE The existing residence on Parcel #1 and site improvements account for less than 50 percent coverage and all setbacks will be met. Two parking spaces are provided to the north of the existing residence, accessed via the shared flag driveway. These spaces will be installed prior to final survey plat. The proposed site plan demonstrates the new lot can comply with solar setback standard A. A building envelope demonstrating the buildable area that complies with setbacks for the zone, and the two floodplain boundaries is provided on the site plan. The proposal preserves the majority of the trees on the property. In particular two larger DBH maple trees are preserved and the large oak at the rear of the property is preserved. Tree protection fencings i in the form of a six foot tall fencing material will be installed at the dripline of the trees slated for preservation. The tree protection fencing will be installed and maintained consistent with the standards from AMC 18.4. i Along the front property line, directly behind the sidewalk, completely within the required Public Utility Easement for electric infrastructure is a large stature cottonwood tree. This tree is proposed for removal. There are findings addressing its removal addressed herein. 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. Applicant's Finding: The exiting driveway accessing the site is within a 20 foot wide sanitary and storm sewer easement. With the existing and future residential development on Parcel #2, will provide adequate parking for the future single-family residence, and if any future proposed accessory residential unit. Additionally, a third parking space for the flag lot will be provided. The flag driveway is more than 50 feet in length and is proposed to remain a gravel surface due to the public infrastructure below the surface, and provide less disturbance in the root zone of the cedar trees, the maple tree on the new lot. The driveway is proposed to be 15 feet in graded surface width, which meets the width and design standards for access. The driveway grade does not exceed 15 percent. The surface will be installed in a manner that does not allow for the surface waters to drain across any public right-of-way or adjacent properties. 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. Applicant's Finding: Page 5 of 13 I r The water and sanitary sewer service will be provided from Helman Street or the public easeament i along the north property line to the parcels. Electric service will be per the electric distribution plan. F : Helman Street is improved with curb, gutter and sidewalk. No changes are proposed. Two street trees will be planted in the front yard behind the sidewalk. The trees will be chosen from the City of Ashland Recommended Street Tree Standards. 14. 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. Applicant's Finding: Not Applicable 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. Applicant's Finding: Not applicable i 1. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. Applicant's Finding: No alley exists adjacent to the partition. J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development. Applicant's Finding: No state or federal permits are required. K. A partition plat containing one or more flag lots shall additionally meet the criteria in section 18.5.3.060. Page 6 of 13 i t i r Applicant's Finding: See additional findings addressing the partition plat criteria for a flag lot below. 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 met. A. The criteria of section 18.5.3.050 are met. Applicant's Finding: The applicant finds that the criteria of section 18.5.3.050 are met or can be met through the imposition of conditions. P. 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. Applicant's Finding: The proposed lot area for Parcel #2, 16,791 square feet, excluding the 2,000 square foot flag pole area, the remaining 14,791 square feet of lot area exceeds the minimum lot area of 5,000 square feet for the R-1-5 zone. 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. Applicant's Finding: The flag driveway is proposed to be owned by Parcel #2, one of the lots served by the driveway. Parcel #1 will have an ingress, egress access easement and a mutual maintenance agreement provided to allow for a future garage for Parcel #1 to be constructed that takes access from the flag driveway. 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. Applicant's Finding: Page 7 of 13 The driveway, when installed will comply with the required driving surface widths. The surface of the driveway is proposed to be compacted, % minus rock to preserve access to the public infrastructure that exists under the driveway. 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. Applicant's Finding: The existing curbcut will be retained and slightly widened to provide the access from Helman Street to i; the property. 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. Applicant's Finding: There are no areas on the property which exceed 15 percent slopes. G. Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other public ways. Applicant's Finding: At the time of the construction and surfacing of the flag driveway, the surface drainage will be accommodated for. 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 of the flag lot. Applicant's Finding: The flag lot is not adjacent to an alley. 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 Page 8 of 13 i that is 3'/2 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. Applicant's Finding: The proposed flag pole is 20 feet in width with 15 feet of paved with. In order to provide clearance for the trees, the paving is shifted five feet to the south. The flag lot will be addressed in accordance with the standards of the Oregon Residential Structural Code. 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. Applicant's Finding: The flag drive will be deemed a Fire Apparatus Access road. 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. Applicant's Finding: The flag driveway is greater than 100 feet in length. A turnaround is not proposed, utilizing other alternatives such as fire sprinklers would be a preferred alternative. The Fire Code Requirements are determined at the building permit stage. The lot area proposed for future development, with the removal of the maple tree that is proposed for preservation is large enough to accommodate a turn- around if deemed necessary. K. Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles backing out. Applicant's Finding: Adequate area has been provided for the flag lot to have three parking spaces situated in a manner that eliminates the necessity for vehicles to back out. Compliance with this standard will be addressed with the building permit submittals. L. There shall be no parking within ten feet of the centerline of the drive on either side of the flag drive entrance. Applicant's Finding Page 9 of 13 i i No on-street parking will be within ten feet of the centerline of the drive on either side of the flag driveway entrance. If required, the curb will be pointed yellow. 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 requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed. Applicant's Finding: When the new structure for the flag lot is proposed, demonstration of compliance with the requirements of the Building and Fire Officials will be addressed. 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 fie access. Applicant's Finding; The flag drive is not proposed to be installed until construction commences on the flag lot. Prior to issuance of the certificate of occupancy, the site-obscuring fence or hedge will be installed along the flag driveway. The portion of the flag driveway that serves the parking area for proposed Parcel #1 will be installed prior to survey plat. 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 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. Applicant's Finding: An agreement will be executed for the surfacing and screening of the flag driveway. The applicant is not proposing to develop the flag lot parcel at this time. The screening and grading/compaction of the driveway will be completed prior to issuance of a signature of occupancy for the residence on the flag lot. Ingress, egress access easements for the joint use of the flag driveway will be addressed on the partition plat. Page 10 of 13 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. Applicant's Finding: The are no house plans for the proposed flag lot. There is substantially more than a 20 X 20 area for outdoor space that is protected in the flood protection zone area. 18.5.7.040.8.2 - Tree Removal Criteria: Applicant's Finding: Tree that is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.3.10. Applicant's Finding:, The three trees along the front property line are requested for removal because they are within E' the proposed public utility easement and located in the path of excavation for the electric infrastructure. The location of the electrical installation is determined by the City's Electrical Department. These trees will be replaced with appropriate street trees selected from the Recommended Street Tree Guide. The cedar trees proposed for removal were planted as a screen. They are very crowded and have been pruned to maintain their screening function, C' b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. Applicant's Finding: The removal of the trees will not have significant negative impact on erosion, soil stability, flow of surface waters or protection of adjacent tree, or existing windbreaks. The lot has minimal slope and soil stability and erosion are not evident on the property. Following removal, the utility lines will be installed and new street trees planted. The trees proposed for removal do not provide protection to adjacent trees nor are they part of a windbreak. The trees proposed for removal are more than 60 feet from Ashland Creek and are outside of the flood protection zone, the floodplain and the water resource protection zone for Ashland Creek. Page 11 of 13 I I' i E c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. Applicant's Finding: The removal of the cottonwood tree, and the removal of the cedar trees will not have a significant impact on the tree densities, sizes, canopy coverage and species diversity. The trees I were planted as landscape features by a previous property owner. With the proximity of the i property to a large city park and the protected creek corridor, provide ample area where there c are numerous large stature deciduous and conifer trees within 200 feet of the property. t d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In malting this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. E Applicant's Finding: The trees proposed for removal are the minimum necessary to allow for the development of the site. e. The City shall require the applicant to mitigate for the removal of each tree granted approval ~ pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. ~i 18.5.7.050 Mitigation Required One or more of the following shall satisfy the mitigation requirement. I A. Replanting On-Site. The applicant shall plant either a minimum 1 '/2-inch caliper healthy and well-branched deciduous tree or a five to six-foot tall evergreen tree for each tree removed. The replanted tree shall be of a species that will eventually equal or exceed the removed tree in size if appropriate for the new location. Larger trees may be required where the mitigation is intended, in part, to replace a visual screen between land uses. Suitable species means the tree' s growth habits and environmental requirements are conducive to the site, given existing topography, soils, other vegetation, exposure to wind and sun, nearby structures, overhead wires, etc. The tree shall be planted and maintained per the specifications of the Recommended Street Tree Guide. Applicant's Finding: Page 12 of 13 f t Three of the trees requested for removal are proposed for mitigation, the two cedars and the cottonwood tree. The five, landscape screening trees are not proposed for mitigation. Two, deciduous street trees will be planted and prior to certificate of occupancy of the residence on Parcel #2, and one new conifer tree will be planted on the property. E' Page 13 of 13 I:' } C _m V) w 0 L E O I m w} j I m Q IS) > ~of 1 f/ 13" True Cedar I On Adjacent Property (Protect) Protective Fencing I p ~e n 28q.55' Existing Property Line N63°40'02"w 1~' - rr Lit- m v~ z I 20' Sanitary Sewer Easement 4Stem Cedars - l6"Below Split (Protect) ~ 4stem Geda 5pllt(Protect) rs -16 Below ~ o N L-n i i New t5' wide Paved drive ~ i Paved 1 ~ 29' Maple 110' Storm Drain Access Easement / Elec Vault New water Service , (Protect) - _ - ^ 10" Cedar New Electric Service c 16' _ Future Electric Meter -Protective Fencing J ill (Remove) i 1 r S coi 32.4" N rn m in -9 t p m m ~Q~ A: Lottonwood x x t q l6 i Lni v ° N (Remove) u IL 0~ Proposed Building Env zl m - Proposed Building Envelope a v ~ m M h - - E - 100' -65'•10518"- A 4 n 8 Ceder - / (Remove) o, 1009 SgPt r 9° Oak 0. 3 Existing Residence m , it E.5ldewalk _ (Protect) r m j Froposed Lot -16'-61/8"- -53'•9718" g605gFtExlsting 9365gFt_~ m bS SgPC 15' Barn Existing_ - ~p 97 2 LS'_ Carport 23 Oak 47-5" - - 70.4'--- - (Protect) 40 __-14 1 ElecMeter Maple (Protect) ° 30.5 Oak I o sand Protective Fencing a (Protect) Protective Fencing `0 ' Q 0) M N I. ty r ® I a ye~~ce 10i P 251.73' Existing Property Line N63°41'24"w 151,73 ^ 4P m cv~ oo~~\e 3116 Heiman Street J 0. Tree Protection In Accordance to City OF ~ Ashland Land use ordinance 311 1 E 04 GA Tax LOT 41100 \~r 18.4.5.030 C~ Total Existing Lot Area: 23370 5ciFt •N N New Front Lot Area: 657115ciFt cw Proposed Non-Permeable Surface New Front Lot: 2155 ScIFt x a Total Proposed New Front Lot Coverage: 33% New Rear Lot Area: 167g15gFt Non-Permeable Surface New Rear Lot: 12116 5gFt CiT Total New Rear Lot Coverage: 8% j DATE: 5/16/2018 Site Plan "`:i T Y May 8, 2018°' l Rogue Planning & Development Services f I 33 Central Ave, Suite 213 Medford, OR 97501 / RE: PA-T1-2018-00006 Property located at 396 Helman Street r*(A'C Incompleteness Determination A ® Dear Amy: C I have reviewed your application received on April 18'' for a Minor Land Partition and Tree Removal located at 396 Helman Street. After examining the materials presented, I have determined that the application is incomplete because the information listed below was not provided. Incomplete applications are subject to delay in accordance with ORS 227.178. The application cannot be further processed and deemed complete until the missing information is submitted or the applicant indicates that the missing information will not be provided. 1. Arborist's Report - Addressing justification for removal of two significant trees over 18" in DBH. 7. The Staff Advisor may require an arbo6sfs report to substantiate trio criteria for a pemlit. Administratively, we feel-it would be difficult to approve the removal of these significant trees without further justification and an assessment froman arborist, especially given the sizeable building envelope and the 29" Maple: To continue review of your application, you must select and complete one of the following three options: 1. Submit all of the missing information; 2. Submit some of the requested information and give the City of Ashland Planning Division written notice that no other information will be provided; or 3. Submit written notice to the City of Ashland Planning Division indicating that -no other information will be provided. Please note that failure to complete one of the three options within 80 days of the application submittal date (April 1-8, 2018) will result in your application being- deemed void. The application will be deemed void if the additional information is not submitted by October 15, 2018. 1 Community Development Dept. Tel: 541A88-5305 20 E. Main Street Fax: 541-488-6006 j Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us i 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 will not 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 contact me at 541-552-2044 or fotini.kaufrnan@gmail.com. Sincerely, Fotini Kaufman Assistant Planner Fncl: Applicant's Statement of Completeness Cc: Helman Properties LLC File 2 Community Development Dept. Tel: 541.488-5305 20 E. Main Street Fax: 541-488-6006 Ashland, Oregon 97520 TTY: 800-735-2900 f + www.ashland.orms % L Date Received (to be completed bv staff Applicant's Statement of Completeness (To be completed by the Applicant and returned to the City of Ashland Planning Division) Re: PA-T1-2018-00006, 396 Helman Street Date Application Expires: October 18, 2018 Pursuant to an Incompleteness Determination, I, the undersigned applicant or agent for the applicant, elects one of the three options below by initiating: ( ) 1. Submit All of-the Missing Information (Initial if elected) 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 with applicable criteria does not commence until the additional review for completeness period is completed.) Check if desired ❑ I waive further review of the information submitted for completeness and direct review of the information-submitted for compliance with she Community Development Code criteria, regardless of whether the application is5 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 ismissing from the application, the application will fail to meet the burden of showing that all criteria are met, and the application will be denied. Community Development Dept. Tel: 541--088-5305 20 E. Main Street Fax: 541.488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 ; f www.ashland.orms E ( ) 2. Submit Some of the Requested Information: Decline to Provide- Other Information (Initial if elected) I i I am submitting some of the information requested and declining to. submit other information requested r 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. O 3. Decline to Provide any of the Requested Information (Initial if elected) 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 or Applicant's Agent) Date Return to: Planning Division Department of Community Development City of Ashland 20 E. Main St. Ashland, OR 97520 Community Development Dept. Tel: 541-488-5305 20 E. Main Street Fax: 541488-5311 Ashland, Oregon 97520 TTY: 800-735-29001' www.ashland.or.us f rL J is; Manning Division D 1 Winburn Way, Ashland OR 97520 N :41AII8-53115. Fax 541-488-6(M Minor Land Partition for two lots ra; l''S Ir ,i Pursuing LFPD@ Certification? 0 YES F 4 NO Sf, tA(:(;, ~tU;Ei H,,,1111;,_1 trOet Assessor's iNlioji No. 39 IF, , 1:A Tax Lot(s) "0() Zoning. i i 3 Comp Plan Designation irlcgir i ,srliiy l t< °sidr.,,ii: rl APPf t~'P:t`r Nam;: {,'tr;grtc~ Planning timfeloptlront Phone 541-951- 4020 E -Mail Atl(Irt 3'11 Conti l Avenue; Spite 213 City Medford Zip 97501 1, C Phone fPaii hillgrylarson369 gmaii.oorn Adr.frc ~'.'i J) HVV Viihl+ c (iicl:' City. Pool ihilct Lii~ °~171.'t) >PttiU~f.Yi~E~t r {~t;or~i{ I~ f:tr ~ sir i e' ~ t:r~§i~ tit i ~',r~r ~`41r:~; r. (r'~T~t It ,i _ rc~ `3b'~~ ~fri]rir~l~arLrn ~irvc~U(,1.r_Ofi 11i1n ;trr!,i~~n,l - I\c•tuC'. _I'r,l ari;,~ tr~rl f_t~rtir~ ~'i~ci F'i~ono ] r >>ir3'>>-~)?i!)a Addiee; i'1~ Iari;c U% Cify A\ Ai k-mr_a title I1 r.irrtc~r 1V<riuc il~~icisrtrtc tlcaicln ('hone ''l_i3rt(1_29tfi_-_1.(L~oil_rrtter~rrrttrhl~?tiln,iLr;c~rrz Addre ~~c - I~(1 I3C~s~ ' 5 - Giiy 1\ r~lrancl - X11' '`~D 1 hereby c-stily illoi try slut tnents and infwIwdrori rx;rd~,.;td in tni;; i)pplicalion, includiril ihs enclosed or ~tiinys find ilia Iequired hildirrgs of fie t, ore in x111 rr ~,h ;cis, Inre and Collect. I undorst-1rto Thai sill ptopariy urns riles1 br shu,.n oil iht; or rp and VisiWa rgJon Iho site inspection. In the event Ilia til ls etat 101 shotirt or ih,"'ir Imatiorr found to be incorroui, Ufa; ot;ncr assurucs (fill to i,pon ,if i!ily. I turthcr rtndetstnnd tint it this requesi is subscquenfly aoniestcd, fh ~ burden mill b~~ on nu to establish: I) that 1 produc&d ufiiciuld hmlaal will=nit; d iho healiny to ,rufrpott this te~Irr st; 2) that the iinding s of fuel furui~h aijuslilie~, tho, g routing of Iho r qui~st; ihat file fitidiriys of filet (urnishad by rill' mo „rrtequale, and further 4) that all slrucfuros or irrrprrrver,tarrfs lire prop,,Wi l located oil ilia ground. f=ailure in ihs a 6itrd t,~ill resuli most lilrely in not only ilia rt;rloo," t ho ny set aside, bill also possibly in lily shuoiure- beiny built in relimmc"e Ihoreon b.,wiq required to ha ienrovt d gal ;Cry mp"It e ii i havo any doubts, 1 rtut advi,>sd comp ;tetd proiessional , a ice and sisiant e.: rtcta;, to rite as it propstiy A J 0 rdriitr0 fhq prop"'Wy involve dtrfrillk, requeryP, l have reed owl tliidois400d flit coittplolo applic,,Jiar and its eortsegtr(3 ~ 001101 °r'ls i ,digs U' fx€ t e kt lrf,e@~~F.3 (w"jiurc d) [I,) lo ~ dJ i)rlt@; I t[,I,c,l1C;Ci /cnlnc Ppttf11T l ' `~tlirs i 001 ii Minor Land Partition Subject Property Property Address: 396 Heiman Street Map & Tax Lot: 39 1E 04 CA; 4900 Comprehensive Plan Designation: Single Family Residential Zoning: R-1-5 Adjacent Zones: R-1-5 FEMA Floodplain Water Resource Protection Zone Lot Area: .536 / 23,370 sf Lot Coverage: Maximum 50 percent Existing SFR: 1009 SF Shop / Carport: 974 SF Gravel Driveway: 2400 SF 4383 SF Approx. Coverage: 19% Property Owner: Heiman Street Properties, LLC 2111 NW Village Circle Portland OR, 97229 Surveyor: Polaris Land Surveying, Inc. PO Box 459 Ashland, OR 97520 Building Designer: Madrone Design PO BOX 225 Ashland, OR 97520 Planning Consultant: Rogue Planning & Development Services Amy Gunter 33 N Central Avenue, Suite 213 Medford, OR 97501 Page 1 of 13 Request: A request for a Minor Land Partition to create a new, single family residential flag-lot for the property located at 396 Heiman Street. Property Description: The subject property is on the east side of Heiman Street, east of the intersection of Orange Street and Heiman Streets. The property is zoned R-1-5. The adjacent properties are also zoned R-1-5. The lot is generally rectangular with 85.79-feet and extends an average of 270.64-feet east towards Ashland Creek. The Ashland Creek FEMA floodplain and City of Ashland flood protection zone are present at the rear of the property. The lot is occupied by an approximatly 1,000 square foot single story residence. To the rear of the residence is a 974 square foot garage/shop/carport structure. The property slopes gradually from the south to north at approximately four percent. The lot is accessed via an approximatly 12-foot wide gravel driveway. There are twenty feet of easements paralleling the north property line. Heiman Street is paved with curb and gutter, and sidewalk. City facilities are available within the Heiman Street right-of-way, and along the north property line and at the rear of the property (sanitary sewer and storm). The property is not currently connected to the storm drain system. There is a large storm water easement along the north property line in the existing driveway. Ashland Creek runs along the east property line. Ashland Creek is identified on the City of Ashland Water Resources map as an Riparian Corridor that requires a 50-foot from top of bank setback. The proposed lot has adequate buildable area away from the stream and the water resource protection r zone buffer. Proposal: The request is to divide the property into two parcels. Proposed Parcel #1 would the existing residence. This parcel is proposed to have 65-feet of frontage on Heiman Street and is proposed to be 100 feet deep. The resulting lot area of 6,579 square feet complies with the minimum lot area in the zone. The existing residence complies with minimum setbacks and lot coverages. Proposed Parcel #2 would be a flag lot. The flag driveway is proposed to be 20-feet side as predicated by the existing easements. The larger lot area is 16,791 square feet in area, including the flag pole. Page 2 of 13 There is Ashland Modified Flood Zone, FEMA floodplain and a 50-foot water resource protection zone on the property. There is adequate buildable area outside of these restricted areas to allow for the future development of the site. The existing 1,296 square foot barn/ garage / carport structure is proposed to be retained with the application. The structure complies with setbacks. Its structural integrity is being evaluated and whether the structure can be converted to building code compliant, habitable space is being considered by the property owner and her contractor. The structure may be requested for removal if determined to not be feasible for renovation, restoration or rehabilitation through a demolition permit application. New lots are required to demonstrate that a 21-foot tall structure can be constructed on the subject lot and not exceed the lots N/S lot dimension. The parcel slopes approximately one and one-half percent downhill to the north. The proposed lot partition allows both lots to comply with solar setback standard A. Proposed Parcel #1, is allowed to shadow the flag driveway. The rear lot is 85.79-feet wide. This lot is wide enough to comply with solar setback standard A and a 21-foot tall shade producing point will not exceed 50 percent of the north / south lot dimension (21- 6 /.430 = 34.8). There are nine trees proposed for removal with the application. There are two cedars (8-inch DBH and 10-inch DBH), and a 32.4-inch DBH Cottonwood tree along the front property line. These trees are directly in the path of the required underground electric vault installation. There is a 29-inch, multi-stemmed Maple tree and five, nine-inch DBH cedar trees which were planted as a vegetated screen on the proposed flag lot. These trees are located in the building envelope for the proposed flag lot. The multi-stemmed Maple in the front yard and the large stature Oak to the east of the structure on the proposed flag lot are proposed for preservation. The cedar tree fence along the north property line are not proposed for removal, but due to the Fire Code for driveway clearance, the trees may need to be pruned or removed accordingly. Tree protection fencing is not proposed for these trees, due to the limited work area for driveway pavement and the tree canopy. Findings addressing the relevant criteria from the Ashland Municipal Code are provided herein. For clarity, the criteria is in Times New Roman font and the applicant's findings in Calibri font. Page 3 of 13 Ashland Municipal Code 18.5.3.050 Preliminary Partition Plat Criteria A. The future use for urban purposes of the remainder of the tract will not be impeded. Applicant's Finding: The future use of the remainder of the tract as single family residential use will not be impeded by the proposal. P. The development of the remainder of any adjoining land or access thereto will not be impeded. Applicant's Finding: The development of the remainder of any adjoining land or access to adjacent residential lands will not be impeded by the proposal. 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. Applicant's Finding: There are no City adopted neighborhood or district plans. To the applicant's knowledge, there are not previous approvals for the subject properties that would prevent the proposed partition. D. The tract of land has not been partitioned for 12 months. Applicant's Finding: The tract of land has not been partitioned for the past 12 months. E. Proposed lots conform to the requirements of the underlying zone, per pant 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). Applicant's Finding: The proposed parcels conform to the requirements of R-1-5 zone. Both parcels will have more than 5,000 square feet of area. Parcel #1 is proposed to be 6,579 square feet and Parcel #2 is proposed to be 16,791 square feet in area, excluding the flag pole area, the lot area is 14,791 square feet. Both parcels comply with minimum lot width of more than 50 feet. Parcel #1 is 65.79 feet wide and Parcel #2 is proposed to be a flag lot with a flag pole connection of 20 feet at the street. Both parcels are proposed to be deeper than they are wide. The existing residence on Parcel #1 and site improvements account for less than 50 percent coverage and all setbacks are met. Two parking spaces are provided to the north Page 4 of 13 of the residence, accessed via the shared flag driveway. These spaces will be installed prior to final survey plat. 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. Applicant's Finding: The exiting driveway accessing the site is within a 20 foot wide sanitary and storm sewer easement. With the existing and future residential development on Parcel #2, will provide adequate parking for the future single-family residence, and if any future proposed accessory residential unit. Additionally, a third parking space for the flag lot will be provided. The flag driveway is more than 50 feet in length and will be paved with concrete, pavers, asphalt or similar material to 15 feet in width which meets the width and design standards for paved access. The driveway grade will not exceed 15 percent. The pavement will be installed in a manner that does not allow for the surface waters to drain across any public right-of-way or adjacent properties. 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. Applicant's Finding: The water and sanitary sewer service will be provided from Helman Street to the parcels. Electric service will be per the electric distribution plan. Heiman Street is improved with curb, gutter and sidewalk. No changes are proposed. Two street trees will be planted in the front yard behind the sidewalk. The trees will be chosen from the City of Ashland Recommended Street Tree Standards. 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. Applicant's Finding: Not Applicable Page 5 of 13 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. Applicant's Finding: Not applicable 1. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. Applicant's Finding: No alley exists adjacent to the partition. J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development. Applicant's Finding: No state or federal permits are required. K. A partition plat containing one or more flag lots shall additionally meet the criteria in section 18.5.3.060. Applicant's Finding: See additional findings addressing the partition plat criteria for a flag lot below. 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 met. A. The criteria of section 18.5.3.050 are met. Applicant's Finding: The applicant finds that the criteria of section 18.5.3.050 are met or can be met through the imposition of conditions. B. 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. Applicant's Finding: Page 6 of 13 The proposed lot area for Parcel #2,16,791 square feet, excluding the 2,000 square foot flag pole area, the remaining 14,791 square feet of lot area exceeds the minimum lot area of 5,000 square feet for the R-1-5 zone. 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. Applicant's Finding: The flag driveway is proposed to be owned by Parcel #2, one of the lots served by the driveway. Parcel 1 will have an ingress, egress access easement and a mutual maintenance agreement provided to allow for a future garage for Parcel #1 to be constructed that takes access from the flag driveway. D. Except as provided in subsection 18.5.3.060.14, 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. Applicant's Finding: The driveway, when installed will comply with the required driving surface widths. 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. Applicant's Finding: The existing curbcut will be retained to provide the access from Helman Street to the property. 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. Applicant's Finding: There are no areas on the property which exceed 15 percent slopes. G. Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other public ways. Page 7 of 13 Applicant's Finding: At the time of the construction and surfacing of the flag driveway, the surface drainage will be accommodated for. 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 of the flag lot. Applicant's Finding: The flag lot is not adjacent to an alley. The driveway will be installed, and screened in accordance with these standards. 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'/2 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. Applicant's Finding: The proposed flag pole is 20 feet in width with 15 feet of paved with. In order to provide clearance for the trees, the paving is shifted five feet to the south. The flag lot will be addressed in accordance with the standards of the Oregon Residential Structural Code. 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. Applicant's Finding: The flag drive will be deemed a Fire Apparatus Access road. 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. Applicant's Finding: The flag driveway is greater than 100 feet in length. A turnaround is not proposed, utilizing other alternatives such as fire sprinklers would be a preferred alternative. The Fire Code Requirements are Page 8 of 13 i i determined at the building permit stage. The lot area proposed for future development, with the removal of the tree is large enough to accommodate a turn-around if deemed necessary. K. Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles backing out. Applicant's Finding: Adequate area has been provided for the flag lot to have three parking spaces situated in a manner that eliminates the necessity for vehicles to back out. Compliance with this standard will be addressed with the building permit submittals. L. There shall be no parking within ten feet of the centerline of the drive on either side of the flag drive entrance. Applicant's Finding No on-street parking will be within ten feet of the centerline of the drive on either side of the flag driveway entrance. If required, the curb will be painted yellow. 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 requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed. Applicant's Finding: When the new structure for the flag lot is proposed, demonstration of compliance with the requirements of the Building and Fire Officials will be addressed. 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 fire access. Applicant's Finding; The flag drive is not proposed to be installed until construction commences on the flag lot. Prior to issuance of the certificate of occupancy, the site-obscuring fence or hedge will be installed along the flag driveway. The portion of the flag driveway that serves the parking area for proposed Parcel #1 will be installed prior to survey plat. Page 9 of 13 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 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. Applicant's Finding: An agreement will be executed for the paving and screening of the flag driveway. The applicant is not proposing to develop the flag lot parcel at this time. The screening and paving of the driveway will be completed prior to issuance of a signature of occupancy for the residence on the flag lot. Ingress, egress access easements for the joint use of the flag driveway will be addressed on the partition plat. 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 fiom the ground upward. Applicant's Finding: The are no house plans for the proposed flag lot. There is substantially more than a 20 X 20 area for outdoor space that is protected in the flood protection zone area. 18.5.7.040.B.2 - Tree Removal Criteria: Applicant's Finding: Tree that is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.3.10. Applicant's Finding: The three trees along the front property line are requested for removal because they are within the proposed public utility easement and located in the path of excavation for the electric infrastructure. These trees will be replaced with appropriate street trees selected from the Recommended Street Tree Guide. Page 10 of 13 The removal of the 29.5-inch DBH Silver Maple is requested to facilitate the development of a future single family residential home. The tree encompasses nearly 113 of the developable area of the proposed lot. With the other setbacks and flood protections zones limiting the area of the development, the request for tree removal is the minimum necessary to accommodate construction on the property as envisioned in the comprehensive plan. The other cedar trees proposed for removal were planted as a screen. They are very crowded and have been pruned to maintain their screening function. The protection zone is to the dripline. The critical root zone extends beyond the dripline. In the case of a Silver Maple tree, which are known to be sensitive to development and alterations in hydrology, while also being prone to surface rooting and infrastructure impacts, it would be prudent to use the critical root zone as the recommended protection area. A nearly 30-inch DBH tree has a recommended 45 foot radius for tree protection (1.5' protection zone for each inch of DBH). This places the tree protection zone more than 50 percent of the lot width. Additionally, the critical root zone of the tree exceeds more than 50 percent of the properties width and greatly encroaches into the buildable area and prevents demonstration that a 21 foot tall structure can be constructed on the lot because the critical root zone exceeds the building envelope for demonstration that the solar access ordinance is met. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. Applicant's Finding: The removal of the trees will not have significant negative impact on erosion, soil stability, flow of surface waters or protection of adjacent tree, or existing windbreaks. The lot has minimal slope and soil stability and erosion are not evident on the property. Following removal, the paved driveway and the future residence will provide soil stability in the place of the birch trees. The trees do not provide protection to adjacent trees nor are they part of a windbreak. The trees proposed for removal are more than 60 feet from Ashland Creek and are outside of the flood protection zone, the floodplain and the water resource protection zone for Ashland Creek. c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. Applicant's Finding: The removal of two deciduous trees, a tentatively identified Silver Maple (labeled Oak on site plan (identification prior to leafing out)) and a cottonwood tree, and the removal of the cedar trees will not have a significant impact on the tree densities, sizes, canopy coverage and species diversity. The trees were planted as landscape features by a previous property owner. With the Page 11 of 13 proximity of the property to a large city park and the protected creek corridor, provide ample area where there are numerous large stature deciduous and conifer trees within 200 feet of the property, d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. Applicant's Finding: The trees proposed for removal are the minimum necessary to allow for the development of the site. The larger stature, multi-stemmed Maple tree is within the building envelope for Parcel #2. The lot area is large enough that a single-family residence and a future accessory residential unit could be constructed on the property. With the number of parking spaces necessary to accommodate construction (between three to five spaces), the required flood protection zones, the future development potential, etc., removal of the trees are justified to remove this tree. Additionally, the lot area is large enough that cottage housing development could also be considered. The allowed density is up to five residential dwellings, six parking spaces, the removal of the single tree facilitates achieving of the minimum allowed densities in the zone. Though the City may consider alternative site plans or placement of structures, with the large number of preserved deciduous and conifer trees on the site, the removal of the trees is less of an impact on the loss of canopy. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. 18.5.7.050 Mitigation Required One or more of the following shall satisfy the mitigation requirement. A. Replanting On-Site. The applicant shall plant either a minimum 1 1/2-inch caliper healthy and well-branched deciduous tree or a five to six-foot tall evergreen tree for each tree removed. The replanted tree shall be of a species that will eventually equal or exceed the removed tree in size if appropriate for the new location. Larger trees may be required where the mitigation is intended, in part, to replace a visual screen between land uses. Suitable species means the tree' s growth habits and environmental requirements are conducive to the site, given existing topography, Page 12 of 13 soils, other vegetation, exposure to wind and sun, nearby structures, overhead wires, etc. The tree shall be planted and maintained per the specifications of the Recommended Street Tree Guide. Applicant's Finding; Only five trees are proposed for mitigation, the two cedars and the cottonwood and the maple tree. The Five landscape screening trees are not proposed for mitigation. Two, deciduous street trees will be planted and prior to certificate of occupancy of the residence on Parcel 2, two conifer trees will be planted on the property. Four trees that will achieve similar size and stature as the birch trees will be installed on the property following development of the single-family residence. Page 13 of 13 cu 0 E r~ -I- ~I Ip dj z ~r Ace 10 t I I . 551-q U Y' 1 VA" - J / np i`dn,~ cr r Ft C f i f 4 Nor i t I E DATE, 4/12/201 City of Ashland Community Development Department PERMIT NUMBER 51 Winburn Way PA-T1-2018-00006 Ashland, OR 97520 Telephone: 541-488-5305 PPlY Date: 4/18/2018 - ! Inspection Line: 541-552-2080 Plan Type: Type I Planning Action Work Class: Type I Planning Action Map & Tax Lot Properiy Address 391 E04CA4900 396 Helman St Owner Information Applicant Information Owner: Heiman Street Properties LLC Applicant: Rogue Planning and Development Owner 2111 E Village Circle Applicant 33 N Central Ave 213 Address: Portland, OR 97229 Address: Medford, OR 97501 Phone: - Phone: (541) 951-4020 Project Description Land Partion Fees Fee Description: Amount: Land Partition (Type 1) $1,184.00 Applicant: Date: ITotal Fees: 1 $1,184.00 ILLING CONTACT Helman Street Properties LLC 2111 E Village Circle cr Portland, Or 97229 A INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION INV-00000114 04/18/2018 04/18/2018 Paid In Full NONE REFERENCE NUMBER FEE NAME TOTAL PA-T1101800006 Land Partition (Type 1) $1,184.00 396 Helman St Ashland, OR 97520 SUB TOTAL $1,18410 City of Asnianu TOTAL $1,184.00 Community Development 20 E Main St Ashland, OR 97520 (541) 486--600 000357-0001 04/10/2018 03:51 PH INVOICE Helman Street Properties LLC PA-TI-2018-00006 2018 Item: I:NV-00000114 Balance due; 0.00 Balance unpaid: 0,00 Planning Fee- Land Partition (Type T) 1,184.00 1 ~ 13~~e01~ Subtotal 1,184.00 Total 1,134.00 CREDIT CARDS COMW 1,184, 00 Visa 0*01000*8=10 Ref -201X10418155043677BDD Auth=027494 Terminal 1D XXXXXXXXXXXX874 Trans ID-000000001925 Trans Type-Purchase Entry MethAMANUAL Charge due 010 Paid by; Helllan Street PrnnPr+%- April It 2018 312 pm Page 1 of 1