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
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Applicant: Rogue Planning & Development Services/Helman Street Properties LLC
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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.
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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.
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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
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COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 f
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SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal, The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this
subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing
or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. 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 `
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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.
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396 Helman St/fk&nre
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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
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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.
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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
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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
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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
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Department of Community Development
PA-T1-2018-00006
396 Heiman St/fk&nre
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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
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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
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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
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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
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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,
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June 11, 2018
Minor Land Partition
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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
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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.
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Page 2 of 13
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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
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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
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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.
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Page 3 of 13
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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.
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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
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The water and sanitary sewer service will be provided from Helman Street or the public easeament
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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
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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
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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
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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
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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
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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)
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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
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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:
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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
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rtcta;, to rite as it propstiy
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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
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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