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HomeMy WebLinkAboutNepenthe_NMountain-PA-T1-2020-00129CITY O'F -ASHLAND December 9, 2020 Notice of Final Decision On December 8, 2020, the Community Development Director approved the request for the following: Planning Action: PA -T1-2020-00129 Subject Property: South East Corner of North Mountain Ave and Nepenthe Rd Owner/Applicant: Nepenthe Farm LLC 1 KDA Homes Description: A request land use approval for a three -lot partition of a 0.66 -acre lot, including an exception to street standards for the sidewalk installation to meander curbside to avoid an established Oak tree. The tentative partition plat submitted with the application indicate that the three residential parcels will be 11,325 sq.ft, 7,700 sq.ft. and 9,750, sq ft. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP 4: 391E04DA; TAX LOT: 200 The Community Development Director's decision becomes final and is effective on the 12'h 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 Brandon Goldman in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft GOMMUNETY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735.2900 www. ashland.or.us 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. E. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm., modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: 1. Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.B. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time for Filing,. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content ofNotice 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; 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.onus ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -T1-2020-00129 SUBJECT PROPERTY: South East Corner of North Mountain Ave and Nepenthe Rd OWNER/APPLICANT: Nepenthe Farm LLC / KDA Homes DESCRIPTION: A request land use approval for a three -lot partition of a 0.66 -acre lot, including an exception to street standards for the sidewalk installation to meander curbside to avoid an established Oak tree. The tentative partition plat submitted with the application indicate that the three residential parcels will be 11,325 sq.ft, 7,700 sq.ft. and 9,750, sq ft. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP 4: 391E04DA; TAX LOT: 200 SUBMITTAL DATE: October 23, 2020 DEEMED COMPLETE DATE: November 6, 2020 STAFF APPROVAL DATE: December 9, 2020 APPEAL DEADLINE (4:30 P.M.): December 23, 2020 FINAL DECISION DATE: December 23, 2020 APPROVAL EXPIRATION DATE: rune 23, 2022 Request The proposal is a request for a Land Partition for a three -lot partition of a 0.66 -acre lot including an exception to street standards for the sidewalk installation to meander curbside to avoid an established Oak tree and to connect to an existing curbside sidewalk. The Property The subject property is located on the south side of Nepenthe Road at the southwest intersection of North Mountain Ave. The property to be partitioned is zoned R-1-5, a single-family residential zoning with a 5,000 square foot minimum lot size, and has an area of approximately 28,750 square feet. The property is currently vacant. The property immediately to the south and east is a 6.02 acre property that includes a portion of Bear Creek and it is contiguous with North Mountain Park. This 6.02 acre property was accepted as a land donation by the City of Ashland on December 1, 2020 to add to the publicly available open space in the area, and as such is not subject to further development. North Mountain Avenue is considered an avenue or collector street in the city's Transportation System Plan (TSP), and is improved with paving, curb, gutter and along the subject property's frontage. A curbside sidewalk is in place along the subject property's he North Mountain Ave frontage, but there are currently no sidewalks along the Nepenthe Rd. frontage. Continuous sidewalks with standards parkrows are in place along the opposite (north) side of the Nepenthe Rd. PA -T1-2020-00129 Nepenthe Rd. /blg Page 1 Background In July of 2020, a Boundary Line Adjustment for the Nepenthe Farms property (Tax Lots 391E04DA200, 39IE04DA300 AND 391E04DD100) was approved administratively as Planning Action PA -A-2020-00114 AND Public Works Permit PWP-2020-01255. This action segregated the 0.66 acre subject property from the remainder 6.02 Nepenthe Farms property. This 6.02 acre property was accepted as a land donation by the City of Ashland on December 1, 2020 to add to the publicly available open space in the area, and as such is not subject to further development. There are no other Planning Actions of record for the subject property. Land Partition 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 partition will not impede the future use of the remainder of the tract as residential uses. Each of the three lots proposed is to be developed consistent with the underlying R-1-5 ,zone. 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. " While the adjacent property is of significant size, the dedication of this land as public open -space, to be maintained as a public park, precludes its future development and therefore the portion of the subject property as proposed will not impede future urban uses of the adjacent property. Bear Creek, with associated floodplain corridor and water resource protection zones, runs parallel to Nepenthe Road at the rear of adjacent 6.02 -acre property and on the opposite side of the creek is North Mountain Park. With the donation of this 6.02 park land there is no further development potential for the adjoining land. The third approval criterion is that, "The partition plan conforms to applicable City -adopted neighborhood or district plans, 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 or previous land use approvals which would prevent the proposed partition. The North Mountain Neighborhood overlay zone does not include the subject property and as such it is not subject to the development and design standards that were applied to the neighborhood to the north of Nepenthe Proad. The fourth criterion is that, "The tract of land has not been partitioned for 12 months. " The subject property has not been partitioned in the past 12 months. It was part of a Boundary Line Adjustment in 2020 (PA -A-2020-00114) but no new lots were created through that action. 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 application demonstrates that the property is zoned R-1-5, and each proposed lot exceeds the minimum lot size and lot width of the zoning district. Proposed Parcel 91 is 10,493 sq.ft. in area and is PA -TI -2020-00129 Nepenthe Rd. /blg Page 2 irregularly shaped with a width of 115' and a depth of 100' deep. Although Lot 1 is narrowest along North Mountain Avenue, the development of this lot will be oriented toward Nepenthe Rd, with the applicable setbacks being based on Nepenthe Rd. being the front property. Proposed parcel 42 is 70 feet wide and 120 feet deep. Lot 3 is 75' wide and 130' deep. Although general building envelopes were provided in the application to illustrate compliance with the standard R-1-5 setbacks., all future developments will need to comply with standard R-1-5 setback and lot coverage requirements. Both the Physical & Environment Constraints Review Chapter (AMC 18.3.10) and the Water Resource Protection Zones Chapter (AMC 18.3.11) require that land divisions establish a building envelope for each lot of sufficient size to permit the establishment of the use and associated accessory uses that is entirely outside of the floodplain and water resource protection zone. No floodplains or water resource areas are located on the subject property and as such each lot is entirely outside of the floodplain boundary. Each of the proposed parcels is permitted a lot coverage of 50 percent which will be complied with at review of building permits for future development. Future development of each parcel will be subject to Solar Access Standard A. The Solar Access Performance Standard section (AMC 18.4.8.040) requires that, "Land divisions which create new lots shall be designed to permit the location of a 21 foot high structure with a setback which does not exceed 50 percent of the lot's north -south lot dimension...". The lots are all south of Nepenthe Road, and as such shadows cast from future buildings will not be cast onto adjoining residential properties and thus the proposal complies with the Solar Access Performance Standard requirements. 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. The application illustrates each of the three lots will have a driveway accessing onto Nepenthe Road in compliance with the access management standards and separation between driveways. The seventh criterion is that, "The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and other requirements in part 18.4, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications. " Staff received a written comment from a neighboring property owner suggesting an alley system could better provide vehicular access to the subject properties. In consideration of this suggestion Staff finds that although the use of alleys can be beneficial to consolidate access points, and in many cases reduce impervious surfaces dedicated to streets or driveways, in this circumstance the net increase the amount of impervious surface, and storinwater run- off, uphill from the Bear Creek floodplain resulting from the installation of a 16' alley along the rear of the subject property, including individual driveways, would be of greater impact than the three individual driveways as proposed. Given the parks dedication of the land to the south and east of the subject property no further developments would be served by provision of an alley in this case and as such it is not necessary to comply with the street or access management standards. Nepenthe Rd is classified and improved to accommodate the full development of the former Nepenthe Farm, the addition of three single family parcels can be accommodated by the traffic volume capacity of Nepenthe Rd. PA -TI -2020-00129 Nepenthe Rd. /bIg Page 3 Frontage improvements along Nepenthe Rd. are to include a new sidewalk and parkrow, with exceptions to meander the sidewalk curbside to connect to the existing sidewalk at the North Mountain Intersect, and to meander curbside to preserve an existing Oak tree, will bring the street into conformance with Ashland's street design standards. Any necessary street dedication to accommodate the sidewalk and park row shall be provided on the partition plat, and a condition requiring that final utility plans including electric, water, sewer and storm drainage be provided for review and approval prior to installation, that easements be identified on the plat, and that utilities be in place according to the approved plan prior to signature of the plat. The eighth criterion addresses partitions along unpaved streets. This is not applicable because the frontage streets here (Nepenthe Rd. and North Mountain Ave.Street) arepaved with travel lanes, curbs and gutter already 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 no an alley adjacent to the partition. 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. " The current request does not involve the creation of a flag lot. Exception to Street Standards Staff finds that the applicant's proposal to meander the proposed 5ft. sidewalk to connect to the existing sidewalk at the intersection of Nepenthe Rd. and North Mountain Ave. is necessary to connect the new sidewalk to the existing pedestrian facility, and the request to meander the sidewalk curbside in the vicinity of the established Oak tree in the north eastern corner of the subject property addresses a demonstrable difficulty in providing a park row in that location in an effort to preserve a significant natural feature. The preservation of this Oak tree will further provide an enhanced pedestrian experience and quality of walking experience. The exception proposed is the minimum necessary to address these unique conditions. Further, dedication of public right of way to accommodate the proposed park row and sidewalk will provide a superior pedestrian experience and allow for development of the street in a manner that complies with the existing street standards. Approval Criteria The criteria for Preliminary Partition Plat approval are described in AMC 18.53.050 as follows: 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. PA -TI -2020-00129 Nepenthe Rd. Iblg Page 4 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. F. 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. N. 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 criteria for an Exception to Street Design Standards are described in AMC 18.4.6.020.8.1 as follows: PA -TI -2020-00129 Nepenthe Rd. /b1g Page 5 a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. b. The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable. i. For transit facilities and related improvements, access, wait time, and ride experience. ii. For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic. fli. For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of walking along roadway), and ability to safety and efficiency crossing roadway. C. The exception is the minimum necessary to alleviate the difficulty. d, The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. Decision in staff's final assessment, the application with the. attached conditions complies with all applicable city ordinances. Planning Action #PA -T1-2020-00129 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 4PA-T 1 -2020-00129 is denied. 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) That a final survey plat shall be submitted within 12 months of the final decision date of the preliminary partition plat, which shall be submitted for review and approval by the City of Ashland within 18 months. 3) That a final utility plan for the parcels shall be submitted for review and approval by the Planning, Public Works/Engineering, Building and Electric Departments prior to installation of utilities. The utility plan shall include the location of connections to all public facilities including the locations of water lines and meter sizes, sanitary sewer lines, storm drain lines and any necessary associated engineering calculations, and electric services. 4) That a Fire Prevention and Control Plan addressing the General Fuel Modification Area requirements in AMC 18.3.10.100.A.2 of the Ashland Land Use Ordinance shall be provided prior to bringing combustible materials onto the property, and any new landscaping proposed shall comply with these standards and shall not include plants listed on the Prohibited Flammable Plant List per Resolution 2018-028. 5) That a revised Tree Protection Plan consistent with the standards described in 18.4.5 be submitted for review and approval by the Staff Advisor prior to any site work. The plan shall identify the location and placement of fencing around the drip lines of the oak tree identified for preservation. The amount of fill and grading within protection zones shall be minimized, and any necessary cuts within the protection zones shall be noted on the plan, supervised by an arborist, executed by handsaw and kept to a minimum. No fill shall be placed around the trunk/crown root. No construction shall occur within the tree protection zone including dumping or storage of materials such as building supplies, soil, waste, equipment, or parked vehicles. PA -TI -2020-00129 Nepenthe Rd. Ihig Page 6 6) That the tree protection fencing shall be installed according to the approved plan prior to any site work, including storage of materials, staging, utility installation, demolition, construction or issuance of permits. A Tree Verification Permit shall be applied for and approved by the Ashland Planning Division prior to any site work. The Verification Permit is to inspect the installation of six-foot chain link tree protection fencing for the trees on the property to be preserved and protected. 7) That street trees, one per 30 feet along each lot's Nepenthe Rd. frontage, shall be installed prior to the issuance of a certificate of occupancy for the building developed on the adjacent lot. 8) That prior to any work within the Nepenthe Rd. public right-of-way including but not limited to driveway or utility installation, any necessary permits shall be obtained from the Ashland Public Works Department. All work within the right-of-way shall be inspected and approved prior to. signature of the final plat. 9) That prior to the submittal of the final survey plat to the city for signature: a) That all easements including but not, limited to any necessary public or private utility easement shall be indicated on the final survey plat as required by the Ashland Engineering Division. b) That any street dedication necessary to accommodate the Nepenthe Rd. Sidewalk and park row improvements shall be indicated on the final survey plat as required by the Ashland Engineering Division. c) That electric services shall be installed underground according to the approved plan, inspected and approved to serve both parcels. d) That the sanitary sewer laterals and water services including connection with a meter at the street shall be installed according to the approved plan, inspected and approved to serve both parcels. %J l December 8 2020 Bill Molnar, Community Development Director Date Department of Community Development PA -T1-2020-00129 Nepenthe Rd. Iblg Page 7 AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On December 9, 2020 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 -T1-2020-00129, Nepenthe & N. Mountain. I. l Signa®r of Employee 6acnmend 12!912020 0• ••, MIM R . .••• _ _ _ r - _ •• • - - • PA -T1-2020-00129 391E04DA127 PA -T1-2020-00129 391E03600 AMLIN MARTHA PULTZ ESTATE BERNARD DAVID A TRUSTEE ET 760 CREEK STONE WAY 1051 NEPENTHE RD ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA135 CUSTODIO CLARK JRICAROL l 750 RIVER ROCK RD ASHLAND, OR 97520 PA -T1-2020-00129 391 E04DA128 HUNTER -FINE SHERRY M TRUSTEE 780 CREEK STONE WAY ASHLAND, OR 97520 PA -T1-2020-00129 KDA HOMES 604 Fair Oaks Court ASHLAND, OR 97520 PA -T1-2020-00129 391 E04DA117 MACADAM ARLENE TRUSTEE ET 621 NEPENTHE RD ASHLAND, OR 97520 PA -T1-2020.00129 391 E04DA100 MOUNTAIN MEADOWS OWNRS 855 MOUNTAIN MEADOWS DR ASHLAND, OR 97520 PA -T1-2020-00129 391 E04DA200 NEPENTHE FARM LLC 710 N MOUNTAIN AVE ASHLAND, OR 97520 PA -T1-2020-00129 Polaris Land Surveying LLC 151 Clear Creek Dr. #101 ASHLAND, OR 97520 PA -T1-2020-00129 391 E04DA3100 DOYLE DAVIDPAULICANDACE 625 N MOUNTAIN AVE ASHLAND, OR 97520 PA -T1-2020-00129 Jarvis, Dreyer & Larsen 823 Alder Creek Drive Medford, OR 97504 PA -T1-2020-00129 391 E04DAl26 KELLOGG OGDEN ELLIS JR REV 720 MEADOW LARK WAY ASHLAND, OR 97520 PA -T1-2020-00129 Madara Design Inc 2994 Wells Fargo Road Central Point, OR 97502 PA -T1-2020-00129 391 E04DA121 MOUNTAIN MEADOWS OWNRS 66 SCENIC DR ASHLAND, OR 97520 PA -T1-2020-00129 391 E04DA123 NEUDORFER MARK L TRUSTEE 741 NEPENTHE RD ASHLAND, OR 97520 PA -T1-2020-00129 391 E04DA124 POLLARD SCOTT THOMAS ET AL 33 WESTOVER RD NEWPORT NEWS, VA 23601 PA -T1-2020-00129 Construction Engineering Consultants PO Box 1725 Medford, OR 97501 PA -T1-2020-00129 391E04DAI19 HOLTY JANE SIDAVID W 661 NEPENTHE RD ASHLAND, OR 97520 PA -T1-2020-00129 391 E04DA114 JONES ROBERT E TRUSTEE ET 555 SUMMIT SPRINGS RD WOODSIDE, CA 94062 PA -Tl -2020-00129 Lindemann Design 550 W. Nevada ASHLAND, OR 97520 PA -T1-2020-00129 391 E04DA118 MANSUR DOUGLASS W TRUSTEE ET 641 NEPENTHE RD ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA120 MYERS DAVID LEE TRUSTEE ET 1 681 NEPENTHE RD i ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA136 PELZEL THOMAS OISUZANNE M 730 RIVER ROCK RD ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA125 ROSEN JUDITH A 2340 ABBOTT AVE ASHLAND, OR 97520 PA -T1-2020-00129 391E04DAI37 PA -T1-2020-00129 391E04DA2800 Nepenthe _N. Mountain SCHWARTZ EUGENE J SPARTAN ASHLAND STELLA NOD 26 PO BOX 808 66 WATER ST #200 11/9/2020 ASHLAND, OR 97520 ASHLAND, OR 97520 ° ° ° '!,,17,77", 1 47"El IP-Wa,iiiiiii., , Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY OF FW 541-488-5305 Fax: 541-552-2050 www.ashland.orms TTY; 1-800-735-2900 -ASiHLAND NOTICE OF APPLICATION PLANNING ACTION: PA -T1-2020-00129 SUBJECT PROPERTY: South East Corner of North Mountain Ave and Nepenthe Rd OWNER/APPLICANT: Nepenthe Farm LLC / KDA Homes DESCRIPTION: A request land use approval for a three -lot partition of a 0.66 -acre lot, including an exception to street standards for the sidewalk installation to meander curbside to avoid an established Oak tree. The tentative partition plat submitted with the application indicate that the three residential parcels will be 11,325 sq.ft, 7,700 sq.ft. and 9,750, sq ft, COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP #: 391 E04DA; TAX LOT: 200 IN Jill a 3 Loit partition OVER AcfionsTAsby Street%N\NepctiilicTA-'ri-2020-00129\NL,6ci,i,,,\PA-TI-2020-00129_NepanthcMMctntain NOCAm (; The Ashland Planning Division Staff has rc red a complete application for the property nm )n Page I of this notice Because of the COVID-1 9 pandemic, application materials are provided online and comments will be accepted by email. Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541) 488-5305 or )Iannina(a-)ashI,@nd.or.us- A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at hUp.is. as l'i land. or. us/develo mentproposals/. Copies of application materials will be provided at reasonable cost, if requested. Under extenuating circumstances, application materials may be requested to be reviewed in-person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling (541), 488-5305 or emailing pt@LnLflnc,L§ ( ashland.or.us. Any affected property owner or resident has a right to submit written comments to OgLnIlin (@.ashland.or.us: or to the City of Ashland Planning Divislon, 51 Vvinburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown on Page 1. 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 Staffs decision must be made in writing to the Ashland Planning Dlvislon 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 conditlons of approval with sufficient specificity to allow tNs Department to respond to the issue precludes an action for darnages in circuit court. If you have questions or comments concerning this request, please feel free to contact Bandon Goldman at Bi-aiidoi'i.Goldirrar)��,Ashlaiid.or.L.IS and 541-488-5305. 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 183, 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 18,43,080 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 18A, 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 (out 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. Aaivn5\11As by Swet\NNepenffic\PA-T I -2020-00129\NoLiciiigTA-'1'1-2020-00,119_Ne6)aTiOie NML)untain_N0CdacN NO W- W-- - =-- 13911111 STAIRIZZ1910101 IM 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 November 6,20201 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 �ig;iiigglii I I I I 1-191�4 Signature of Employee Document6 1116Y2020 PA -T1-2020-00129 391E03600 PA -T1-2020-00129 391E03700 PA -T1-2020-00129 391E04DA100 BERNARD DAVID A TRUSTEE ET AL NEPENTHE FARM LLC MOUNTAIN MEADOWS OWNRS ASSO 1051 NEPENTHE RD 710 N MOUNTAIN AVE 855 MOUNTAIN MEADOWS DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA121 PA -T1-2020-00129 391E04DA123 MOUNTAIN MEADOWS OWNRS ASSO NEUDORFER MARK LTRUSTEE ETA 66 SCENIC DR 741 NEPENTHE RD ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA125 ROSEN JUDITH A 2340 ABBOTT AVE ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA118 MANSUR DOUGLASS W TRUSTEE ET 641 NEPENTHE RD ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA136 PELZEL THOMAS 0/SUZANNE M 730 RIVER ROCK RD ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA119 HOLTY JANE S/DAVID W 661 NEPENTHE RD ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA135 CUSTODIO CLARK JR/CAROL 1 750 RIVER ROCK RD ASHLAND, OR 97520 PA -T1-2020-00129 KDA Homes 604 Fair Oaks ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA200 NEPENTHE FARM LLC 710 N MOUNTAIN AVE ASHLAND, OR 97520 PA -TZ -2020-00129 391E04DA120 MYERS DAVID LEE TRUSTEE ET AL 681 NEPENTHE RD ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA114 JONES ROBERT E TRUSTEE ET AL 555 SUMMIT SPRINGS RD WOODSIDE, CA 94062 PA -T1-2020-00129 391E04DA126 KELLOGG OGDEN ELLIS JR REV LI 720 MEADOW LARK WAY ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA137 SCHWARTZ EUGENE J PO BOX 808 ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA124 POLLARD SCOTT THOMAS ET AL 33 WESTOVER RD NEWPORT NEWS, VA 23601 PA -T1-2020-00129 391E04DA2800 SPARTAN ASHLAND STELLA REAL E 66 WATER ST #200 ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA127 AMLIN MARTHA PULTZ ESTATE 760 CREEK STONE WAY ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA117 MACADAM ARLENE TRUSTEE ET AL 621 NEPENTHE RD ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA128 HUNTER -FINE SHERRY M TRUSTEE 780 CREEK STONE WAY ASHLAND, OR 97520 PA -T1-2020-00129 391E04DA3100 DOYLE DAVIDPAUL/CANDACE 625 N MOUNTAIN AVE ASHLAND, OR 97520 m a ' r�� o G TAX LOT 115 TAX LOT 117 ~ OPEN SPACE m� LL- C) IR FH T " a 510EWAL:K G n G TAX LOT 118 TAX LOT 119 CURB OMB .....—. TAX LOT 120 PRELIMINAR Y MAP LAND PARTITION LOCA= AT Nepenthe Road Ashland, Oregon LYING SITUATE WWTY N SOUTHEAST QUARTER OF SECTION 04 TOWNSHIP 39 SOUTH, RANGE I EAST, W. M. +CITY OF ASHLAND, JACKSON COUNTY, ORE( a ]� 7 I _' _ Mark 0 1780 1Y° L ` P - lY `� 7 °_ a �_ a \A �� 1 G n 1y + a c } lYlar .KIIDX �, ° N c + Q - `�'° 485 West Nevad& Street c5D Q. -SEDGE dF PAVEIi�EN7 _i' i \ EDGE" IPAaVfENL� - / Ashland Oregon 97520 -- - G i - -- -- ~ '� --Pf -8957' 13 E - 26,0.00 \ \ r 0 115.00' f 1 0�� o 7�CJ. 00' \\ o �, a \ , f \,75.'00'\ \\\ a ' .25 ' i BUILDING ENVELOPE 1 8U1CD1NG ENVELOPE \ gUILDfNGvvEZpPE \ \ ,�o I 6' 6': \ VI6�6 V � \ , c 177 E.4 LOTJ 7 08, 400 SQ Fi 10,49\50 FT \ I P �--OT 3 75� S(` FTQz \ 16' 6 v� Z \ V \ 6- Z \ SCALE. 1 " = 30' REGISTERED p PROFESSIONAL LAND SUR Y Y \\\ "• ', ,' `%a'7:' ,'' ;fig=6c;% I o \ o� 6' I A v I o LZ a �� ♦ A�� �����/\'`moi .� ' j f.: :', Lam, — —� — �' \ L JULY I0.. 1998 `\ \ PROPOSED VARIABLE ✓_ _ : I ' \' - % �' �i \ \ \ \ \ zss �s 4 f \ \� v WIDTNvSTORM DR�1l� - o `\ \\\\ \ \ \ \ 89 7\" §. \'\ \ \ \ \ \ RENEWAL DATE: 6/30/2021 \\ \\ \ EA3EME\ \ o\ \ >\ \ \ NORTHP \ \ \ \ SURVEYED BY. TAXLO 200 \� \ \ \ -� \ \ �� V POLARIS LAND SURVEYING LLC �.°b E\\\ \\\\ ��o � A\ �� \ \ \ \ V A \ P.O. BOX 459 \V\ \ A \ \� \ \\ ASHLAND, OREGON 97520 3? �4W_ ,I �� �� \ V A (541) 482-5009 \10" OAK \ \ \ sNE � `V�\`�� V�\VV�� �\�\\ (� '� A \ � \ V A \ DATE: OCTOBER 26, 2020 PROJECT NO. 1310-20 Assessor's Map No. .i9 IE 04 DA, Tax Lot 200 POLARIS LAND SURVEYING Received 11.5.2020 EXIST SSRfH SS C. 0 - E l ffi 7-- I FXISANC STOE'WALK [ I I I I s I EXISTING ROADWAY T �PRESSURF 5S EFR14CE [ IMPROVEMENTS r f8 CONNECTfoNs TO 8'115 2 EXIST711, sAWcur Exrsnnrc ASPHALT & TNSrALL CURB & GUTTER I wNERE SHOWN ROAD ! I I I I PRE"SSURE SS I SLR urcEs I I I I , r«xr_or yrs �. XT_<�rTr; xxn;'r;s 1,,% 10 11 z.Lor�de r.axf_orr-r rs.ic_or r Exrsn c FrRE Exr -5 j HYDRANT ', FIREE h'hyo Y0E •\ ?� x rrvP -EXISTING S'SIDEV/ALK. PE SrDEW'ALK -wI FX1577rVG 5'. 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XT_<�rTr; xxn;'r;s 1,,% 10 11 z.Lor�de r.axf_orr-r rs.ic_or r Exrsn c FrRE Exr -5 j HYDRANT ', FIREE h'hyo Y0E •\ ?� x rrvP -EXISTING S'SIDEV/ALK. PE SrDEW'ALK -wI FX1577rVG 5'. SrDE'NALff - - _ _ _ _ ;__ _ ---_ T _I_ Exf�TINs CUP7 cuT EP 77 I f r� �� I > \I NEP€NTff ROAD \ 1 k`:8'WATEf$ r 1 !I_ _r v.r_5 Vc EOE OF-PAVEMGNT \ d f! o, POEM4 rER r METERS � `r 2 j1 SIDEWALK \ \ r v S 55 \ \ METE PRESSURE SS r 'S 1l I \ \ lip I \ PROJE'gT �EOUNDABY I 1�.LOT \ LOT ��> \ \ � `r \ XI,S TING k?fGNT r� F\VAY 'CPqR��PPSED \ WA I 'S 1l \ \ . LOT\3 \ \ \ 1 1 i o d, \ \ \ 3 \ ; \ \ \ \ \ ; \ \I \ \\ \ \ \ \ \\ \ \ \ \ \ \ _ I\ KTP \\ n�a-il \.. A A l V A \ - A '� � •= V Li \ I I Ir przrz�A.�n��Er r��TI T;bR7 'PE vdFArvD TYPICAL SECTION CONSTRUCTION NOTES O 3/4" -MINUS CRUSHED ROCK (DEPTH AS NOTED). O WOVEN GFOTEX7 LE STABILIZATION FABRIC PER 2018 OREGON STANDARD SPECIFICATION, SPECIAL PROVI5ICN 0ZS20 (SUBGRADE GEOTEXI7LE). O5 IMPORTED SUB -BASE (WHERE APPLICABLE) TO BE 4"-9" CRUSHED ROCK OR APPROVED EQUIVALENT. O4 24" CURB & GUTTER, E=6", PER CURRENT COOT STANDARD DRAWING NO. R0700 `J BASE MArFRIA1, TC EXTEND 12" BEHIND CURB (TYPICAL). PROODF BASE MATERIAL. A INNiMUM OF 3' BEHIND CURB (:/HERE° NOT CCNSTRUCANG PLANTER, SIDEWALK, OR PUE GRADE IN FILL SECT7ON5, SIDE>VALK WAPAP,X SMI- PER CURRENT ODOT STANDARD DRAWING NO. R0720 MTN 6- OF 3/4" M'NUS ACCREGATE BASE COMDACTED rC 957 CF 115TM D 698 ANO EXTENDED 6" BEYOND EDGE OF SIDEWALK. SIDEWALK AND H45E ROCK TO BE INSTALLED WITH STREET 1MPRCVEWEN7. O7 WBERE SIDEIHAL% IS ADJACENT TO CURB (SEE PLANS) CON57RUCT PER CURRENT COOT STANDARD ORAWINO NO. R0720. AGGRECATE BASF DEPTH SHALL ,HATCH ADJACENT F?CAOWAY SECTION ANO EXTEND I2" 5EYON0 EDGE OF 510FWALK. SIDEWALK AND BASE ROCK TO RE INSTALLED M.7 -H STREF7 nwPRO VE'MEN Ts (B) MAXf1WUM CUT 9.1 `ILL SLOPES (SEF PLAN FOR ADDITIONAL REOWFEMENT5)- O9 PUE GRADE AS SHOWN. EMBANKMENT 14 -HERE REQUIRED, SHALL BE CONSTRUCTED PEP CEOTECHMCAL REPORT: PRIVATE STORM DRAIN CONS7RUCPON NOTES © PROVIDE 4" SD SERVICE TO LCT PER DETAILS 7 s SHEL"T. 2O INSTALL 135 LF OF a" PVC STORM LINE OS -2Z A"TNIbIUhf SLOPE U.N.C. 3O INSTALL SO CLEANOUT PER DETAILS. THIS SHEET & THE URE ® WSTALL 69 LF OF 4" PVC STORM LINE B S=29 M'NTMU'W SLOPE U.N.A. IHED ONAOE 7' GRADE WYE 8- PRM VA 7E' SD CAP PIPE NOME BUILDER TO INSTALL FUTURE AREA DRAIN/CO AS REQUIRED s" wYE 8'xa'x4" \ rE PER PLAN COMMON PRIVATE STORM DRAIN AREA DRAIN AND VVYE DETAIL NTS X14 .I' ��,1 =�� V v\ \ VAVA � ��___, �__._---;� fir.. unLl r EASEME r A V A \ V A \ \ \ \ VAS \ \ V A \ vAA \ \\ \ \ EA ` SEPdETlr \ \ � NORTH GRAPHIC SCALE IN FEET ) 1 inch - 20 fL DRAV,N BY. PMWX DATE. 07/20 NO.j REVISION 04 TE 5Y Co SrRucr�oN CHECKED 6Y- AMe/%rWK VATSa7/za ����y0 s CITY OF ASHLAND AGENCY R£VTFW. _ OA TE NEPENTHE PARTITION PROjEc7No. ENGINEERING CIVIL IMPROVEMENTS [ dNs9 AGENCY REVIEW DATE. ON a UTILITY PLAN =�-c- APPROVAL- .m DA TF- _._—. q Yil 2"•", Ow'sWING NO.-. KnowwhaYsb@�[IW. P.O. ROA 1724 - MEDFORD - OR 97501 — uzu Rece� O �A Call before you d1g. PH. (541) 779-52fiO APPROVAL: DATE of Ay A�.3tii� _ . _ 8.1 I RE5 121 REV. PJBLIC YiCRKS -al. PATE: NAME: 81-UTILDW PRD✓; 20-30 P1,OTDAT 10/1220 PLANNING ACTION: PA -T1-2020-00129 SUBJECT PROPERTY: South East Corner of North Mountain Ave and Nepenthe Rd. APPLICANT: KDA Homes OWNER: Nepenthe farm LLC DESCRIPTION: A request land use approval for a three -lot partition of a 0.66 -acre lot, including an exception to street standards for the sidewalk installation to meander curbside to avoid an established Oak tree. The tentative partition plat submitted with the application indicate that the three residential parcels will be 11,325 sq.ft, 7,700 sq.ft. and 9,750, sq ft. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 39 1E 04 DA; TAX LOT: 200 PLANNER: Brandon TREE: NO HISTORIC: No (Criteria: Land Partition) Looking southust — Front of Lot #1 The property abuts the North Mountain Master Plan Neighborhood west Of MOUI-Itain Avenue and the North Mountain Retirement Center property north of the Nepenthe Road, but has neivr been considered as part of any master planning efforts by the City of Ashland or the land owners of either of the two developments. Looking south — Front of Lot #3 Looking south — Front of Lot #2 SITE HISTORY: The applicants are not aware of any current development or land use history of the property as it has always been a large tract of land largely used cattle grazing, The northwest comer of the property, where the three residential parcels are proposed, was used for storage of lumber when a mill was operating across fcorn North Mountain Avenue and most recently a hobby vineyard by the owners, 3 � P a g c IPMUMUM IMIN-IIII&M.11W Added 25' llextri� ' Setback, Area not to scale ;FM,z IMM Open Space (expanded MINI Park) G. The l.)rol)osed streets, titilities, and sulace i,mter drainage Ibcilities coi?fbrin, to the street design standards and other requirements in 1,)arl 18.4, and alloi,i).fi)r transitions to existing and potent ialfinure cleveloInnent on acljacent lands. The prelintinary plat shall idem & fill/ prol)osed public irnj-rroveinents and dedications. At the time of the Partition's final plat approval, the necessary street dedication as well as all public street improvements and private storm water and sewer improven-ients as identified with the application's plan submittals or conditioned as part of the application's approval will be installed or bonded for. Various conversations with the City of Ashland's Engineering Department as well as local service providers have occurred and there are no indications the sLlb,ject properties cannot be serviced by existing services within Nepenthe Road or North Mountain Avenue. H. UnI)avedStreels. 1. Iflniinurn Street An]-n-ovenient. When there exists a 20- fibot i,t)ide access along th.e entire streelftontage qf1he ])arcel to the nearestdly inipro, ved collector or arterial street, as designated in alae Conilgrehensive Plan, such, access shall be inij)roved viith an as7)haltic concrete paveinent designed far,, the use of'the proljosed street. The ntininnini ividth qf the street shall be 20-ftel with all vwrk clone under pernlit qf the Public ff'orks Dejaartinent. Not applicable as the street, Nepenthe Road, is paved and fully improved along its northern half. However, the applicants will be improving the southern half', from North Mountain Avenue to the east end of Lot #1. 6 I 11 a g, e 2. Unpaved � 'treels. The Public Works Director maj) allovi, (in unpaved street for access for as land partition ivhen all qfthefiollowing conditions, exist. a. The u.npaved street is at least 20- 1 ,feel wide to the nearestfiul�y im )roved collector or arterial street. The Cily incxy require the street to be graded (cul carte' filled) to its standardphysical i,Ndth, andsuif-aced as required in chapter 18. .6i 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 fine.-tl elevation of the street shall be established as specified by the Public TVorks Director e.rcepl Where the establishment of the elevation would produce a substantial variation in the level (i/' the road surface. In this case, the slope of the loishail begraded to meet 1hefinal street elevation. d S"hould the partilion be on an unpaved street and pawing is not requirecJ, the applicant shall agree to participate in the costs and to ivaive the rights qf*lhe owner (�flhe sublect properly to remonstrate both vrith respect to the oi,i)ners agreeing to participate in the cost of full street iinprovenients and to not reinonsIrate to the,lbrinalion QI'a local improvement district to cover such iml9rovemenis and costs thereof` Full street improvements shall include pavin& I , curb, gidler, sideii,alky, and the undergrounding utilities, This requirement shall be precedent to the signing qfthe final survey plat, and if" tine owner declines to so agree, then the application shall be denied. Not applicable I Where an alley exists (w#acent to the partition, access maty be req sired to be providedfi-oin the alley and pro hibited.fto ni the street. Not applicable J. Required,51ote and Federalperniits, as applicable, have been obtained or can reasonably be obtained prior to development. Not applicable, No State or Federal permits are required to be obtained for the Partition. K A partition plat containing one or more flag lots shall additionally Ineet the criteria in section 18,5,3,060. Not applicable Section 18.4.6.020 Exception to Street Standards: a, There is d monsirable Q e fIcidty in sweeting the .specific requirenienIs of this chapter dive to as unique or zinusual aspect of the site or proposed vise qf'the site. The proposal includes a request to deviate fro nn the City's Street Standards found in AMC 18.4.6.040.0r.4.b in order to save a 12" Oak tree located in the :[`ront yard of Lot 4.3, directly adjacent to Nepenthe Road, by meandering the public sidewalk away horn the tree and placing the sidewalk adjacent to the CUrb along Nepenthe Road. The sidewalk would only meander in this Single location, but for when it intersects with the existing "curb -side" sidewalk along North Mountain Avenue. All other elements as 7 1 P a g c City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520 Telephone: 541-488-5305 Inspection Line: 541-552-2080 Plan Type: Type I Planning Action Work Class: Type I Planning Action PA -T1-2020-00129 Apply Date: 10/23/2020 1'ro a h►dt>I?ess ..... .. . 391E04DA200 Owner: Nepenthe Farm LLC Owner 710 N Mountain Ave Address: Ashland, OR 97520 Phone: (510) 495-5436 13 lot partition and street exception. Applicant: Lazaro Ayala Applicant 162 Hitt Rd Address: Ashland, OR 97520 Phone: (541) 944-9561 Fee Description: Amount: Land Partition (Type 1) $1,309.50 Applicant: Date: Total ;ee $1,309.50 David W. Holty 661 Nepenthe Rd. Ashland, OR 97520 (404)550-1106 Planning Department City of Ashland 51 Winburn Way Ashland, OR 97520 Dear Planning Department: This is in reference to your NOTICE, OF APPLICATION Planning Action PA -Ti -2020-00 129. Approval for three residential lots with driveways opening onto Nepenthe Rd. is, dangerous, unnecessary, and not in keeping with our Mountain Meadows neighborhood. I speak for several of my Nepenthe neighbors when I assert that Nepenthe Rd. is a very busy thoroughfare with lots of traffic, many large trucks, delivery vans, and frequent emergency vehicles with little room for parking. Our homes facing your development do not have driveways opening onto the road. Instead we have a short alley for driveways behind our houses. Our garages are unseen from the street. There is plenty of room to provide a similar alley from Nepenthe, circling around behind your three residential lots. This would have at least three important advantages to your project. First, it would eliminate the danger of an accident from a car backing out onto this busy street. Second, it would increase the value of the homes you are building. Not only would the homes be safer, but they would be more aesthetically pleasing. Your, development would be: much more responsive to the wishes of your new neighbors. In addition, this change would reduce the need for extensive earth moving, sidewalk crossings and curb openings. We the Mountain Meadows property owners across Nepenthe Rd. object to this proposed planning action for the above reasons. We will withdraw our objections if you will agree to the very sensible suggestions we are: offering in this letter. Cc: Mark Knox, KDA Homes LLC Hannah Lord, Nepenthe: Farms LLC Linda Doren, Mountain Meadows Realty . . . . .... 01 1 ------------ plan, develop. build November 191" 2p20 David W. }-lofty 661 Nepenthe Road Ashland, OR 97520 Subject: Development along Nepenthe Road Hi David, Thank you for the letter relating to the planned development of three lots across the street from your residence at 661 Nepenthe Road. I understand yo ur concerns and sincerely do not want to offend my future neighbors, but I do feel it's important to explain MY position, as a Land Use Planner, Developer and neighbor. 1) The subject .66 acre property is zoned for residential housing (R-1-5) and allows one residential lot for every 5,000 sq. ft. of area or in this case, ro ughly five lots per Ashland Municipal Code, Table 18.2.5.030 A. We are proposing three single family lots with an average size of 9,583 sq. ft,; 2) The City of Ashland allows for "cottage housing" developments within this zone which could accommodate "eleven" 800 sq. ft. units, AMC 1,8,2.3.090. Our company has recently built a cottage project in Ashland, but we are proposing three single fam fly lots; 3) The Lord family has attempted in every reasonable way to mitigate the development impacts to the property's neighbors by limiting two of the three houses to single -story and 1,600 sq. ft. in size. 4) The Lord family has admirably agreed to dedicate the surrounding 6.02 acres for the expansion of North Mountain Park as open space, but could have opted to develop the subject property and lined the entire length of Nepenthe Road with housing, roughly .30 units, AMC 18.3.9.050, Table A.1. 5) All three houses will be Net ,Zero and Earth Advantage platinum one of the most energy efficient construction certifications available. As a developer of the .66 acre site, I would not typically self -impose to lose profit in a development by having less lots, weather two lots less or eight lots less tha n what I'm allowed by City of Ashland codes, As a developer, I would not self impose "any" building restrictions relating to house size or building heights or self impose any energy efficient standards that significantly add to the cost of a home. That said, I'm treating the property not as a typical developer or development, but as a future home owner in a community my wife and I have lived in and raised our children in for nearly 30 years. Finally, I'm not discounting your observations of traffic along Nepenthe Road although 1 have not witnessed it nor have other neighbors whom are close acquaintances of mine who also live along P, I MA&I Planning Division CITY O,F 51 Winburii Way, Ashland OR 97520 ASHLAND 541-488-5305 Fax 541-488-6006 ," 1410 DESCRIPTION OF PROPERTY Street addressV'A-c.A,'r -- 6,,JSri Assessor's Map No. 39 1 E 0 4 - Zoning R -I - r- .? 1"'TS / _Z712 -6,51F F_Xe,6h77'PJ PUrSuing LEEDO Ceilification? El YES El NO I I I Tax Lot(s) , J..(,LQ ..... .. ... 4�,4,L4 11 Comp Plan Designation 'I - APPLICANT Name M Phone AL-JJJ - —32 y Mail iv) V)5,7 Address Co v CityA 4L ,J Zip 975 PROPERTY OWNER Name rAyLv1 ULC Phone 49.( E -Mail 14-h 140 l., &C4,4mun 11Y) i 1/4 , Address T 0 t�, Uo vx�- --1 A -A., city Ag;�)?j ,j) 01 - Zip 17 -' y 0 SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER W: Address I W-1 Title Name Address Phone E -Mail Phone City City E -Mail Zip 22 I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are it) 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 he inconuct, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be or) me to establish: 1) that I produced sufficient factual evidence at the heating to support this request; 2) that the findings of fact furnished justifies thegranting 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 regardwill result Most likely in not P�-1!frTe__roquest'>i g' set aside, but also possibly in my structures being built in reliance thereon being required to I cl s, I am ad�vised,to see competent professional advice and assistance. be removed at my expense. lflhaveanydf� Applicant's Signature Date Asowner oft e, pert is request, I have read and understood the complete application and its consequences to me as a propedy owner, ,I I L W Sigirfat'ure (required) Date Property Wnei s [To be camplaW by City SWI dd Date Received G Zoning Permit TypeFiling Fee� I & HM10,11vVonhlg pelmh Appficalin,,Aoc rim 11 IN 1111 11 111 111 1111:1111 11111111 MUD I IF., R 11 111 11111,2111 1 IMIJ 15.1, I"'ll I k"ll E Ill it tolawUl!"M 11 1 1 1 "1 11 1 SUBMITTED TO CITY OF ASHLAND SUBMITTED OCTOBE"]? 22ND, 202 I IPage