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February 16, 2018
Notice of Final Decision
On February 16, 2018, the Community Development Director approved the request for the
following:
Planning Action: PA-2017-02243
Subject Property: 430 N. Main
Applicant: City of Ashland
Description: A request for a land partition to divide the city-owned property at 430 North
Main Street into two parcels.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S
MAP: 39 lE 05DA; TAX LOT: 2700
The Community Development Director's decision becomes final and is effective on the 12th day
after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all
conditions of approval identified on the attached Findings are required to be met prior to project
completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51
Winburn Way. Copies of file documents can be requested and are charged based on the City of
Ashland copy fee schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may
request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO)
18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO
18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached.
The appeal may not be made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Derek Severson in the
Community Development Department at (541) 488-5305.
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cc: Parties of record and property owners within 200 ft
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COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 `
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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 L
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this
subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing
or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed,
c. Content of Notice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission, The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 l
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ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA- 2017-02243
SUBJECT PROPERTY: 430 N. Main St.
APPLICANT/OWNER: City of Ashland
DESCRIPTION: A request for a land partition to divide the city-owned property at 430 North
Main Street into two parcels.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 391E
05DA; TAX LOT: 2700
SUBMITTAL DATE: May 30, 2017
DEEMED COMPLETE DATE: June 29, 2017
STAFF APPROVAL DATE: February 16, 2018
APPEAL DEADLINE (4:30 P.M.) February 28, 2018
FINAL DECISION DATE (4:30 P.M.): February 28, 2018
APPROVAL EXPIRATION DATE: August 28, 2019
DECISION
The proposal is a request for a land partition to divide the city-owned property at 430 North Main Street, on
the east side of North Main Street, into two parcels. The subject property is located one lot to the west of the
intersection of North Main Street and Hersey Street, and is currently 9,494 square feet in area. There is
presently a 20-foot wide public access and utility easement extending from North Main Street to Lori Lane
which will serve both of the proposed parcels. With the proposed partition, a new Parcel l would be created
at 6,994 square feet to include a public parking lot with access and parking easements serving the adjacent
Colwell Chiropractic office to the south. Parcel 2 is proposed as a 2,500 square feet lot that would be made
available for sale to allow development consistent with the allowances of the E-1 zoning district and
residential overlay. The proposed Parcel 2 is the remaining area of the parent parcel that was left
unimproved after construction of the parking lot, and as proposed its dimensions would be approximately 25`
feet by 100 feet. The application notes that the property has slopes of from three to five percent downhill to
the north. The application materials note that the public utilities necessary to service each of the proposed
parcels are available in the adjacent rights-of-way.
The subject property is zoned E-1 (Employment) and is within the residential overlay, as are the properties to
the north, south and east. The properties across North Main Street to the west are zoned R-2 (Low-Density
Multi-Family Residential). The adj acent E-1 uses include a chiropractic office directly to the south, a four-
unit office complex to the southeast, and Traveler's Accommodations to the east and to the north. A five-
foot wide curbside sidewalk in place along the North Main Street frontage of the subject property was
widened to nine feet and a seven-foot parkrow planting strip with irrigated street trees was added in
conjunction with the realignment of Hersey Street.
PA #2017-02243
430 N. Main StAs
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Planning Action 42012-00263, a request for a Site Design Review permit was approved in 2012 to allow the
construction of a public parking lot on the subj ect property, along with a Tree Removal Permits to remove a
tree greater than six-inches in diameter-at-breast-height (d.b.h.), a 14-inch d.b.h. Walnut tree. This project
was completed in conjunction with the Hersey Street realignment project, and the parking lot was intended to
serve a number of functions including providing access to an existing parcel, providing parking for the
existing business and acting as a park and ride facility for the Rogue Valley Transportation District (RVTD)
bus stop located approximately 160-feet to the north along North Main Street. The realignment of Hersey
and Wimer Streets necessitated the removal of two driveways for Colwell Chiropractic and the loss of three
parking spaces. The 14-space parking lot approved in 2012 provided a new access to the chiropractic office
and reserved three parking spaces to replace those that were lost with the realignment project.
The first criterion for the approval of a land partition is that, "The future use for urban purposes of the
remainder of the tract will not be impeded. " The application explains that the partition will allow for the
development of the vacant Parcel 2 in keeping with its underlying zoning while Parcel 1 will continue to be
used as a public parking lot.
The second criterion for the approval of a partition is that, "The development of the remainder of any
adjoining land or access thereto will not be impeded. " The application materials indicate that no
impediments are to be created by the proposed partition, and emphasize that all adjacent lots have access
through dedicated easements and utilities are in place to support the appropriate development of Parcel 2. In
staff's view, given the limited size of the proposed Parcel 2, it is most likely to be purchased by an adjacent
property owner in order to enable more efficient use or further development of one of the adjacent parcels.
The third approval criterion is that, "The partition plan conforms to applicable City-adopted neighborhood
or districtplans, if any, and any previous land use approvals for the subject area." In this instance, there are
no adopted neighborhood or district plans which apply in this vicinity and the existing parking lot approved
under PA #2012-00263 is proposed to continue in a manner consistent with that approval.
The fourth criterion is that, "The tract of land has not been partitioned for 12 months. " The application
notes that the property was last partitioned in December of 2012 (P-02-2013) and therefore has not been
partitioned in the last 12 months.
The fifth criterion for approval is that the "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). " The applicants note that the property is zoned E-1, and each proposed lot exceeds the
minimum lot size of the zoning district. They further note that the applicable development standards would
be evaluated in conjunction with any future development proposals.
Staff would note that with regard to solar access, the Solar Access Performance Standard section AMC
18.4.8.040 requires that 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. Preliminary calculations for the proposed parcels have a north slope of
approximately -0.004, and E-1 zoned parcels are subj ect to a Solar Standard B can cannot shade a property to
the north more than the shadow that would be cast by a 16-foot fence built on the north property line. As
such, the required solar setback would be [(Height- 16)/(0.445 + Slope)] or [(21-16)/(0.445 + -0.004)] = the
PA #2017-02243
430 N. Main StAs
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required setback. This calculation yields a required solar setback of 11.34 feet while the north-south
dimension lot dimension is nearer to 100 feet. As a result, the lot meets the solar access performance
standard because the 11.34 feet required for a 21-foot high structure is significantly less than half of the
north-south lot dimension of approximately 100 feet.
The sixth criterion for a partition is that, "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. " The application explains that the driveway was installed as part of the city's improvement project
in 2014 that completed the Hersey Street realignment and installed the parking lot improvements.
The seventh criterion is that, "The proposed streets, utilities, and sur face water drainage facilities conform
to the street design standards and other requirements in part L&4, and allow for° transitions to existing and
potential future development on adjacent lands. The preliminary plat shall identify all proposedpublic
improvements and dedications. " The applicants' response here notes that the adjacent frontage for both
parcels is fully improved with access via a flag driveway which provides access supported by easements
from North Main Street through to Lori Lane. The applicants further emphasize that adequate public
facilities are in place within the adjacent rights of way to serve the proposed new parcels when development
is proposed, including:
® A six-inch sanitary sewer line is in place within the Lori Lane street right-of-way. The sewer line is
sufficiently sized to provide service for the new development.
® A 12-inch water main is in place within the North Main Street right-of-way.
® Upon future development, storm drainage can be directed to the new storm drain lines.
® There is an existing overhead power line easement that is not currently being utilized and which can
be extinguished if necessary to support site development.
The eighth criterion addresses partitions along unpaved streets. This is not applicable because the frontage
street here (North Main Street) is fully improved with paving in place.
The ninth criterion provides that, "Where an alley exists adjacent to the partition, access may be required to
be provided from the alley and prohibited from the street. " In this instance, there is not an alley. A flag
driveway extends from North Main Street through to Lori Lane providing access to the proposed parcels.
The tenth criterion for a land partition is that, "Required State and Federal permits, as applicable, have been
obtained or can reasonably be obtained prior to development. " Because the application is limited to a land
partition and is not associated with any development there are no federal or state permits required.
The final approval criterion is that, "A partition plat containing one or more flag lots shall additionally meet
the criteria in section 18.5.3.060. " In this instance, the proposed Parcel 2 is effectively a flag lot as it does
not directly front on the street and takes its access via a flag driveway. The proposed flag drive is to be 20
feet in width, with grades noted as three to five percent, and access is provided in the form of a public access
and utility easement over Parcel 1 and a driveway easement and public utility easement over Parcel 2. A 20-
foot public access and utility easement continues across the properties to the north and out to Lori Lane.
Multiple curbs cuts were removed and replaced by the flag driveway in conjunction with the Hersey Street
realignment for the sake of access management along North Main Street.
PA #2017-02243
430 N. Main St./ds
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The criteria for Preliminary Partition Plat approval are described in AMC 18.53.050 as follows:
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.
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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
c
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, perpart 18.3, and any applicable development standards, perpad 18.4
(e.g., parking and access, tree preservation, solar access and orientation).
F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See
also, 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria.
G. The proposed streets, utilities, and surface water drainage facilities conform to the street design
standards and other requirements in part 18. 4, and allow for transitions to existing and potential
future development on adjacent lands. The preliminary plat shall identify all proposed public
improvements and dedications.
H. Unpaved Streets.
1. Minimum Street Improvement. When there exists a 20-foot wide access along the entire
street frontage of the parcel to the nearest fully improved collector or arterial street, as
designated in the Comprehensive Plan, such access shall be improved with an asphaltic
concrete pavement designed for the use of the proposed street. The minimum width of the
street shall be 20-feet with all work done under permit of the Public Works Department.
2. Unpaved Streets. The Public Works Director may allow an unpaved street for access for a
land partition when all of the following conditions exist.
a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or
arterial street. The City may require the street to be graded (cut and filled) to its
standard physical width, and surfaced as required in chapter 18.4.6 prior to the
signature of the final partition plat by the City.
b. The centerline grade on any portion of the unpaved street does not exceed ten
percent.
C. The final elevation of the street shall be established as specified by the Public Works
Director except where the establishment of the elevation would produce a substantial
variation in the level of the road surface. In this case, the slope of the lot shall be
graded to meet the final street elevation.
d. Should the partition be on an unpaved street and paving is not required, the
applicant shall agree to participate in the costs and to waive the rights of the owner
of the subject property to remonstrate both with respect to the owners agreeing to
participate in the cost of full street improvements and to not remonstrate to the
formation of a local improvement district to cover such improvements and costs
thereof. Full street improvements shall include paving, curb, gutter, sidewalks, and
PA #2017-02243
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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.
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 Plat are 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.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.
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. 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 fornot 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 c
maintained with either a concrete, asphalt, brick, or paver block surface connecting the
PA #2017-02243
430 N. Main St./ds
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street to the buildable area of the flag lot.
4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at the
street shall be identified by the address of the flag lot clearly visible from the street on a four-
inch by four-inch post that is 3% feet high. The post shall be painted white with black
numbers three inches high running vertically down the front of the post. Forflagpoles serving
two or more dwellings, the addresses of such dwellings shall be on a two foot by three foot
white sign clearly visible from the street with three-inch black numbers.
L Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the Oregon
Fire Code and subject to all requirements thereof.
J. When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a
turnaround (see Figure 18.4.6.040.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. 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 orlandscaping shall be placed at the extreme outside of the flag drive in orderto 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, 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.
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The application with the attached conditions complies with all applicable City ordinances. Planning Action
#2017-02243 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 2018-02243 is denied.
PA #2017-02243
430 N. Main StAs
Page 6
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The following conditions are attached to the approval.
1) That all proposals of the applicant shall be conditions of approval unless otherwise modified herein.
2) Prior to signature of the final survey plat:
a) That a final survey plat shall be submitted within 18 months of the final decision date of the
preliminary partition plat for review and approval by the City of Ashland.
b) That all easements for public and private utilities, fire apparatus access, and reciprocal utility,
access and maintenance easements shall be indicated on the final survey plat as required by
the Ashland Engineering Division.
c) That a final utility plan for the parcels shall be submitted for review and approval by the
Planning, Engineering, and Building Divisions prior to signature of the final survey plat. The
utility plan shall include the location of connections to all public facilities including the
locations of water lines and meter sizes, fire hydrants, sanitary sewer lines, storm drain lines
and electric services. The existing overhead electric easement shall be extinguished to avoid
onflicts with development of the parcel.
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Februpa 16, 2018
1 Molnar, ommunity Development Director Date
bepartment f Community Development
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SAGER KATHY C ET AL 2/16118 Shawn Kampmann
600 NEIL CREEK RD 430 N. Main PO BOX 459
ASHLAND, OR 97520 NOD A
Ashland, OR 97520
City of Ashland
Attn: John Karns
20 E. Main
Ashland, OR 97520
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AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
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The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On February 16, 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-2017-02243, 430 N. Main Street.
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Signa e of Employee
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Planning Department, 51 Winpurn Way, Ashland, Oregon 97520 - Q
541-488-5305 Fax; 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900
NOTICE OF APPLICATION
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PLANNING ACTION: PA- 2017-02243
SUBJECT PROPERTY: 430 N. Main St, ffE
OWNER/APPLICANT: City of Ashland
DESCRIPTION: A request for a land partition to divide the city-owned property at 430 North Main Street into two parcels.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP : 391E 05DA; TAX LOT:
2700
NOTICE OF COMPLETE APPLICATION: December 11, 2017
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 26, 2017
PA #2017-02243
430 p. MAIN ST.
SUBJECT PROPERTY
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way,
Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice
is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period
and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice
of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must
be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.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,
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GAcomm-dev\planningTlanning Actions\Noticing FolderWailed Notices & Signs\2017\PA-2017-02243_NMain_ 430_NOC.dotx
PRELIMINARY PARTITION PLAT
18.5.3.050
The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met.
A. The future use for urban purposes of the remainder of the tract will not be impeded.
B. The development of the remainder of any adjoining land or access thereto will not be impeded.
C. The partition plan conforms to applicable City-adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area.
D. The tract of land has not been partitioned for 12 months.
E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3, and any applicable
development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation).
F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See also, 18.5.3.060 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.
The additional criteria for a Preliminary Flag Lot Partition Plat are 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.
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A. The criteria of section 18.5.3, 050 are met.
8. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, must meet the minimum square footage
requirements of the zoning district.
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.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.
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. Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may be granted for flag drives for grades in excess of 15 percent but
no greater than 18 percent for not more than 200 feet. Such variances shall be required to meet all of the criteria for approval in chapter 18. 5, 5
Variances.
G. Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other public ways.
H. Flag lots adjacent to an alley shall meet all of the requirements of this section, except that:
1. Vehicle access shall be from the alley only where required as a condition of approval.
2. No screening and paving requirements shall be required for the flagpole.
GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2017\PA-2017-02243 NMain_430_NOC.dotx ;
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3. A four foot pedestrian path s! he installed within the flagpole and improved and rr `ained with either a concrete, asphalt, brick, or paver
block surface connecting the btt eet to the buildable area of the flag lot.
4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at the street shall be identified by the address of the
flag lot clearly visible from the street on a four-inch by four-inch post that is 3% feet high. 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.
h Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the Oregon Fire Code and subject to all requirements thereof.
J. When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a turnaround (see Figure 18.4, 6.040. G.5). The 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.
1. 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. 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.
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.
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.
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GAcomm-dev\planning\Planning Actions\Noticing FolderWlailed Notices & Signs\2017\PA-2017-02243_NMain_ 430_NOC.dots
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AFFIDAVIT OF MAILING
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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. C
2. On December 11, 2017 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-2017-02243, 430 N. Main St.
Signature of Employee
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C:(Users'smithda.AFNHBDesktopWFIDAMT OF MAILING_ds.docx 12/11/2017
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PA-2017-02243 391 E05DA 3000 PA-2017-02243 391 E05DA 345 PA-2017-02243 391 E05DA 70004
ABBOTT'S DEVELOPMENTS LLC ALTMAN JACK/BEVERLEY J BAHR MICHAEL C
1085 DEER VISTA LN 454 LORI LN 400 W HERSEY ST 4
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-02243 391 E05DA 2800 PA-2017-02243 391 E05DA 70002 PA-2017-02243 391 E05DA 70003
BAYBERRY ENTERPRISES LLC CHATROUX NOEL C TRUSTEE ET AL CHATROUX NOEL C TRUSTEE ET AL
438 N MAIN ST 400 W HERSEY ST 1 75 NURSERY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-02243 391 E05DA 2500 PA-2017-02243 391 E05DD 3500 PA-2017-02243 391 E05DA 7500
COLWELL JOHN C TRUSTEE COWEN TRAVIS/SUZANNE JAMILA DELUCA RONALD L TRUSTEE ET AL
410 N MAIN ST 349 N MAIN ST 228 MORNINGLIGHT DR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
'r
PA-2017-02243 391 E05DA 344 PA-2017-02243 391 E05DA 7300 PA-2017-02243 391 E05DA 7600
DOLE MARGARET HOFFMAN TRUSTEE EDWARDS OREN RALPH GOULD ROGER ET AL
ET AL 219 N MOUNTAIN AVE 1610 3 43RD AVE
456 LORI LN ASHLAND, OR 97520 EUGENE, OR 97405
ASHLAND, OR 97520
PA-2017-02243 391 E05DD 9600 PA-2017-02243 391 E05DA 348 PA-2017-02243 391 E05DA 349
GUCHES RICHARD TRUSTEE ET AL HOPKINS SARA TRUSTEE ET AL IMPARA JANICE L TRUSTEE ET AL
348 N MAIN ST 448 LORI LN 446 LORI LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-02243 391 E05DA 7100 PA-2017-02243 391 E05DA 7200 PA-2017-02243 391 E05DA 346
KENNEDY KATHERINE M TRUSTEE ET LEMON ADAM P TRUSTEE ET AL LIPKIND ARNOLD R ET AL
AL 451 N MAIN ST 452 LORI LN
132
MEDFORDORD, OR OR 9775 504 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-02243 391 E05DD 3600 PA-2017-02243 391 E05DA 347 PA-2017-02243 391 E05DA 2801
LOMBARDI ROBERT J/CORINNE S LOVETT SARAH ANN O'BRIEN DERMOT J/SALLY
ARIANE FRANC 450 LORI LN 435 LORI LN
1685 OLD HWY 99 S ASHLAND, OR 97520 ASHLAND, OR 97520
ASHLAND, OR 97520
PA-2017-02243 391 E05DA 2900 December 11, 2017
SAGER KATHY C ET AL 430 N Main - NOC
600 NEIL CREEK RD 22
ASHLAND, OR 97520
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Planning Division ZONING PERMIT APPLICATION
51 Winburn Way, Ashland OR 97520
C I T Y o F 541-488-5305 Fax 541-488-6006 FILE #
-ASHLAND
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO
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Street Address .43 0
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Assessor's Map No. 39 1 E Tax Lot(s)
Zoning Comp Plan Designation
APPLICANT
Name Phone E-Mail
Address City Zip
PROPERTY OWNER
Name Phone E-Mail
Address City Zip
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title Name Phone E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that t produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be removed at my expense, If I have any doubts, t am advised to seek competent professional advice and assistance.
Applicant's Signatuie,v Date
As owner of the properly invalVed in this request, I have read and understood the complete application and its consequences to me as a property
owner. I
Property Owner's Signature (required) Date
[fo be completed by City Staff)
Date Received - Zoning Permit Type Filing Fee $
OVER 0
G:\comnr-dev\plamiing\Forms & Handouts\Zoning Permit Applieation.doc
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Application for a Minor Land Partition
Applicant: City of Ashland
Contact: John Karns, City Administrator (541)552-2103
Property: 430 North Main Street
Map # 391E Sec. 05DA, Tax Lot 2700
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Submitted: November 9, 2017
The request is for a minor land partition relating to the city owned property located at 430 N.
Main St. (Map # 391E Sec. 05DA Tax Lot 2700). The proposed partition will create one
additional lot, by dividing the existing parcel into a two parcel configuration.
The subject property is located adjacent to North Main St. and is zoned Employment (E-1). The
immediately adjacent properties to the north, east, and south are also zoned E-1. Property to the
west, across North Main Street, are zoned Low Density Multi-Family Residential (R-2), and
properties to the east across Lori Lane are zoned High Density Multi-Family Residential (R-3).
Each lot will comply with the applicable standards as set forth in the awritten findings provided
below.
BACKGROUND INFORMATION:
In March 1St of 2005, the City of Ashland, City Council approved the acquisition of the .22 acre
property located at 430 North Main St. The property was purchased in order to move forward
with the intersection approach realignment of Hersey St. to North Main.
The property was to be used for parking mitigation for Colwell chiropractic in order to realign
the intersection, as detailed in the City Council minutes excerpted below:
NEW AND MISCELLANEOUS BUSINESS
1. Approval of Land Purchase of 430 North Main Street.
Interim Public Works Director Joe Strahl explained that Staff is proposing the purchase of the
property located at 430 N. Main Street as a means to mitigate the impacts in the event that
Hersey Street needs to be moved in order to solve the problems at the intersection of Hersey,
Wimer and North Main.
It was noted that addressing this intersection was a Council goal. Comment was made that
acquiring the property would give the City more options in addressing this issue, however they
could still decide to take a different course of action and could sell the property without losing
any money.
John Colwell/410 N Main Street/Stated that he was one of the principle property owners who
would be affected by any action that the City takes. Mr. Colwell submitted a letter which
outlined some of his concerns and noted that he could potentially lose 5 of his 11 parking spaces.
Page 1
430 N. Main St. Partition Application
Mr. Colwell stated that he has witnessed 1-2 accidents per month at this intersection for the past
24 years and commented that it would take more than just straightening out the intersection to
solve the traffic problems. He requested that the Council balance the needs of the City with the
surrounding businesses and residents and asked that Staff consult with the property owners
regarding their needs and asked that Staff keep them informed with the issues related to this
property and intersection.
Councilor Hartzell/Jackson m/s to extend meeting to 10:30 p.m. Voice Vote: All AYES.
Motion passed.
Councilor Hearn/Hartzell m/s to approve the land purchase at 430 North Main Street.
Voice Vote: All AYES. Motion passed.
The Hersey/Wimer/N. Main St. intersection realignment project was finalized in 2012.
There are no development proposals at this time.
PROPOSAL
The applicant proposes a minor land partition of a City of Ashland owned property located on
North Main St. to create two lots. The current parcel is 9,494 square feet and was originally
created from a minor land partition, reference survey # 11249. It was subsequently adjusted to its
current configuration with partition plat no. P-50-1995.
The subject property is located on the north side of the N. Main St. adjacent to Colwell
Chiropractic and the Bayberry Inn, and is zoned E-1 with a residential overall per the City of
Ashland zoning standards.
The application for a new partition would split Parcel 1 into two separate parcels. Parcel 1 would
consist of 6,994 square foot. property which is dedicated through permanent easement as parking
for the Cowell Chiropractic facility with ingress and egress through access easements. Parcel 1 is
considered fully developed as a parking lot and was approved by the City of Ashland Planning
Department as Planning Action #2012-00263. Parcel 2 as proposed will be 2,500 square feet in
size and would be available for development consistent with the current E-1/Residential overlay
planning code. There is a currently 20-foot wide public access and utility easement for Parcel 1
and 2 dedicated on partition plat no. P-02-2013. The public access connects North Main Street
Lori Lane. The property slopes approximately 3 to 5 percent from south to north.
The public utilities necessary to service each of the parcels are available in the adjacent right-of-
ways, reference figure #1.
Page 2
430 N. Main St. Partition Application
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Page 3
430 N. Main St. Partition Application
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The proposed partition is shown in figure #2.
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N O R T H i Al A I N S T R E E T
FINDINGS OF APPROVAL
SECTION 18.5.3.050 Preliminary Partition Plat Criteria
A. The fixture use for urban purposes of the remainder of the tract will not be impeded
The partition also allows for the development of vacant parcel #2, E-1/Residential
overlay zoned property. Parcel 1 as proposed will remain a parking lot. The partition
allows for the development as the property as envisioned in the Comprehensive Plan.
B. The development of the remainder of any adjoining land or access thereto will not be
impeded.
No impediments will be created by the partition. All adjacent lots have access through
dedicated easements and utilities are in place to support appropriate development of
parcel #2.
Page 4
430 N, Main St. Partition Application
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C. The partition plan conforms to applicable City-adopted neighborhood or districtplans, if f
any, and any previous land use approvals for the subject area.
There are no adopted neighborhood or district plans applicable to the subject property. The
existing parking on Parcel 1 will continue in a manner consistent with the previous land use
approval (PA #2012-00263).
D. The tract of land has not been partitioned for 12 months.
The property was last partitioned in December of 2012 (P-02-2013) and therefore has
not been partitioned in 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).
The property is zoned E-1, and each proposed lot exceeds the minimum lot size of the
zone. The standards for E-1 zones will all be evaluated in conjunction with any future
development proposals for the property.
F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area
Design.
The driveway access point was installed as part of the improvement project performed
by the City's Public Works Department in 2014.
G. The proposed streets, utilities, and surface mater 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.
The adjacent frontage for parcel #1 and 2 is fully improved across the frontage. Access
is via a flag driveway provided through access and driveway easements to North Main
Street and Lori Lane.
Adequate public facilities are in place within the adjacent rights-of-way to serve the
proposed parcel.
An six (6) inch sanitary sewer line is in place within the Lori Lane Street right-of-way.
The sewer line is sufficient to provide service to the new development.
A twelve (12) inch water main is in on N. Main St.
Upon future development Storm drainage can be directed to the new storm drain lines
There is an existing overhead power line easement that is not currently being utilized and
can be extinguished if necessary to support site development.
Page 5
430 N, Main St. Partition Application
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H. Unpaved Streets.
Not applicable. The streets which provide access to the subject property (alley
connection are paved).
I Where an alley exists adjacent to the partition, access maybe required to be provided from
the alley and prohibited from the street.
Primary access to subject parcel is provided through a flag driveway connection created
on Partition Plat P-02-2013.
J. Required State and Federal permits, as applicable, have been obtained or can reasonably be
obtained prior to development.
Not applicable. Development of the properties is not proposed at this time, and no
State or Federal Permits are required.
Page 6
430 N. Main St. Partition Application
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Job Address: 430 N MAIN ST Contractor:
ASHLAND OR 97520 Address:
A Owner's Name: CITY OF ASHLAND Phone:
P N State Lic No:
p Customer 09625
L CITY OF ASHLAND i City Lic No:
Applicant: R
Address: A
C Sub-Contractor:
A Phone: Address:
N Applied: 11/27/2017 0
T Issued:
Expires: 05/26/2018 Phone:
State Lic No:
Maplot: 391 E05DA2700 City Lie No:
DESCRIPTION: Minor Land Partition
Scott is contact Public Works - 552-2412
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
I
MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Land Partition (type 1) 1,046.00
CONDITIONS OF APPROVAL
{ki
k-
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
CITY F
Inspection Request Line: 541-552-2080
F
I hereby certify the contents of this application to be correct to the
best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts
understood and agreed to the following:
Building: $ 0.00 $ 0.00
1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00
or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00
(180 days).
2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00
required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00
3. Any modifications in plans or work shall be reported in
advance to the department. Public Works Fees: $ 0.00 $ 0.00
4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 1,046.00 $ 0.00
or local laws, ordinances, or regulations rests solely with the
Sub-Total: $ 1,046.00
applicant. Fees Paid: $ 0
Applicant Date Total Amount Due: $ 1,046.00
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
Inspection Request Line: 541-552-2080 CITY F