HomeMy WebLinkAboutClinton_345_PA-T1-2020-00109
RECORD FOR PLANNING ACTION #PA-T1-2020-00109
PLANNING ACTION: PA-APPEAL-2020-00011
SUBJECT PROPERTIES: 345 Clinton Street
APPLICANT: Paul Mace & Kathleen Kahle / Rogue Planning & Development
DESCRIPTION: A request land use approval for a two-lot partition of a 12.29-acre lot. The Purpose
of the partition is to allow for the divestment of a large, developable portion for a single-family
residential zoned property. The tentative partition plat submitted with the application indicate that
the two resultant parcels will be 8.943 ac. and 3.35 ac with the smaller parcel situated in the
southeast of the parent parcel. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential;
ZONING: R-1-.
DATE ITEM PAGE #
07/31/2020 Ashland Daily Tidings Notice of Public Hearing 1
07/29/2020 Notice of Appeal to the Planning Commission 2
07/13/2020 Appellants Submittals 5
06/30/2020 Notice of Type I Administrative Decision 21
06/30/2020 Type I Administrative Findings, Conclusions & Orders 23
06/01/2020 Public Comment 28
05/29/2020 Public Comment 45
05/26/2020 Public Comment 72
05/24/2020 Public Comment 74
05/21/2020 Public Comment 77
05/20/2020 Public Comment 79
05/19/2020 Public Comment 80
05/15/2020 Planning Commission Notice of Completeness 81
04/30/2020 Applicants Submittals 83
1
Planning Department, 51 Winburn Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
PLANNING ACTION:
PA-APPEAL-2020-00011 (appealing PA-T1-2020-00109)
SUBJECT PROPERTY:
345 Clinton Street
APPLICANT/OWNER:
Rogue Planning and Development/Paul Mace & Kathleen Kahle
DESCRIPTION: August 11, 2020
On , the Ashland Planning Commission will hold an electronic public hearing
to consider an appeal of the administrative approval PA-T1-2020-00109 of a two-lot partition of a 12.29-acre lot for the
property located at 345 Clinton. The tentative partition plat creates two parcels that are 8.943 ac. and 3.35 ac in size,
with the smaller parcel situated in the southeast of the parent parcel.
COMPREHENSIVE PLAN DESIGNATION:ZONING: MAP: TAX LOT:
Single Family Residential; R-1-5; 39 1E 04 DB;401
ELECTRONIC ASHLAND PLANNING COMMISSION MEETING: Tuesday, August 11, 2020 at 7:00 PM
2
G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\C\\Clinton\\Clinton_345\\PA-T1-2020-00109\\APPEAL PA-APPEAL-2020-00011\\Notices\\Clinton_345_PA-APPEAL-2020-00011_Planning Commission.docx
Notice is hereby given that the Ashland Planning Commission will hold an electronic public hearingon the above described
planning action on the meeting date and time shown above. You can watch the meeting on local channel 9, on Charter
Communications channels 180 & 181, or you can stream the meeting via the internet by going to rvtv.sou.eduand selecting
RVTV Prime.
The ordinance criteria applicable to this planning actionare attached to this notice. Oregon law states that failure to raise an
objection concerning this application, or failure to provide sufficient specificity to afford the decision makers 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 Commission to respond to the issue precludes an action for damages in circuit court.
Because of the COVID-19 pandemic, application materials are provided online and written comments will be acceptedby
email.Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541)
488-5305 or planning@ashland.or.us.
A copy of the application, including all documents, evidence and applicable criteria relied upon by the applicant, and a copy
of the staff report will be available on-line atwww.ashland.or.us/PCpacketsseven days prior to the hearing.Copies of
application materialswill 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 planning@ashland.or.us.
Anyone wishing to submit comments can do so by sending an e-mail to PC-public-testimony@ashland.or.uswith the
August 11PC Hearing Testimony
August 10, 2020. If the applicant wishes to
provide a written rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-public-testimony@ashland.or.us
August 11PC Hearing TestimonyAugust11, 2020.
Written testimony
received by these deadlines will be available for Planning Commissioners to review before the hearing and will be included
in the meeting minutes.
Oraltestimonywillbetakenduringtheelectronicpublichearing.Ifyouwishtoprovideoraltestimonyduringtheelectronic
meeting,sendanemailtoPC-public-testimony@ashland.or.usby10:00a.m.onMonday,August10,2020.Inorderto
providetestimonyatthepublichearing,pleaseprovidethefollowinginformation:1)makethesubjectlineoftheemail
August11SpeakerRequest
,2)includeyourname,3)theagendaitemonwhichyouwishtospeakon,4)specifyifyou
willbeparticipatingbycomputerortelephone,and5)thenameyouwilluseifparticipatingbycomputerorthetelephone
numberyouwilluseifparticipatingbytelephone.
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please
-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to
the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-
35.104 ADA Title I).
If you have questions or comments concerning this request, please feel free to contact Aaron Andersonat #541-552-2052or
aaron.anderson@ashland.or.us.
3
G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\C\\Clinton\\Clinton_345\\PA-T1-2020-00109\\APPEAL PA-APPEAL-2020-00011\\Notices\\Clinton_345_PA-APPEAL-2020-00011_Planning Commission.docx
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.
I. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street.
J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development.
4
G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\C\\Clinton\\Clinton_345\\PA-T1-2020-00109\\APPEAL PA-APPEAL-2020-00011\\Notices\\Clinton_345_PA-APPEAL-2020-00011_Planning Commission.docx
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
June 30, 2020
Opujdf!pg!Gjobm!Efdjtjpo
OnJune 30, 2020, the Community Development Director approved the request forthe following:
Qmboojoh!Bdujpo;
PA-T1-2020-00109
Tvckfdu!Qspqfsuz;
345 Clinton
Pxofs0Bqqmjdbou;
Paul Mace & Kathleen Kahle / Rogue Planning & Development
Eftdsjqujpo;
A request land use approval for a two-lot partition of a 12.29-acre lot. The
Purpose of the partition is to allow for the divestment of a large, developable portion for a single-
family residential zoned property. The tentative partition plat submitted with the application
indicate that the two resultant parcels will be 8.943 ac. and 3.35 ac with the smaller parcel
situated in the southeast of the parent parcel.COMPREHENSIVE PLAN DESIGNATION:
Single Family Residential; ZONING: R-1-
401.
th
12day
after the Notice of Final Decision is mailed. Approval is valid for a period of 18 monthsand 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 Aaron Andersonin the
Community Development Department at (541) 488-5305.
cc:Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT
Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
21
TFDUJPO!29/6/2/161!!!!!Uzqf!J!Qspdfevsf!)Benjojtusbujwf!Efdjtjpo!xjui!Opujdf*
F/!Fggfdujwf!Ebuf!pg!Efdjtjpo/!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.
G/!Sfdpotjefsbujpo/!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 mailingthe 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 ofreconsideration. 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.
H/!Bqqfbm!pg!Uzqf!J!Efdjtjpo/!A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a.The applicant or owner of the subject property.
b.Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c.Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a.Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this
subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing
or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c.Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i.An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv.A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal/Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the reviewleading 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 decisionon 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.or.us
22
BTIMBOE!QMBOOJOH!EJWJTJPO
GJOEJOHT!'!PSEFST
QMBOOJOH!BDUJPO;
PA-T1-2020-00109
TVCKFDU!QSPQFSUZ;
345 Clinton Street
BQQMJDBOU;!!!!
Rogue Planning and Development
PXOFS;!!!!!!
Paul Mace & Kathleen Kahle
EFTDSJQUJPO;!!!!
A request for land use approval of a two-lot partition of a 12.29-
acre lot. The purpose of the partition is to allow for the divestment of a large, developable
portion of single-family residential zoned property. The tentative partition plat submitted with
the application indicates that the two proposed parcels will be 8.94 ac. and 3.35 ac in size with
the smaller parcel situated in the southeast of the parent parcel.
DPNQSFIFOTJWF!QMBO!EFTJHOBUJPO;
Single-Family Residential;
\[POJOH;!NBQ;!UBY!MPU;!
R-1-5; 39 1E 04 DB;401
TVCNJUUBM!EBUF;
April 30, 2020
EFFNFE!DPNQMFUF!EBUF;
May 15, 2020
TUBGG!BQQSPWBMEBUF;
June 30, 2020
BQQFBM!EFBEMJOF!)5;41!Q/N/*
July 13, 2020
GJOBM!EFDJTJPO!EBUF;
July 14, 2020
BQQSPWBM!FYQJSBUJPOEBUF;
January 14, 2022
EFDJTJPO
Proposal
The application is a request for land use approval to partition a 12.29-acre lot into two lots, the
proposed parcels would be 8.94 and 3.35 acres in size. The larger of the two parcels will contain
the existing home site, and the smaller parcel would be vacant. The application materials include
a tentative partition plat prepared by LJ Friar & Associates showing the proposed vacant parcel
to be situated in the southeast corner of the lot with frontage on both Ann Street and Clinton
Street.The application materials indicate that the purpose of the partition is to facilitate ‘the
divestment of a large, developable portion for a single-family residential zoned property.’ There
is no additional development proposed at this time.
Planning Background
The subject property has been modified by boundary line adjustments three times in the last decade
(see PA#’s 2010-00474, 2015-00439, and 2018-00167). There was also a planning action for a
density transfer (PA# 2017-02132) to allocate density from land in the flood plain, but the
application was withdrawn prior to a decision being rendered. The most recent boundary line
adjustment modified the property into its current configuration and is shown as parcel-1 of partition
plat P-05-2018 (CS 22509 Jackson County Survey) which conveyed land in the flood plain to the
City and also adjusted the property lines at the rear of the properties along Sylvia.
PA-T1-2020-00109
345ClintonStreet/AA
23
Page 1
Property
The subject property is an irregularly shaped 12.29-acre parcel located between Oak Street and
North Mountain Avenue and bounded by Clinton Street to the south, Ann Street to the east, and
the Bear Creek floodplain to the north. To the west is the rear of residential properties that front
Sylvia St. The property is occupied by a 4,650 square foot single-family home, a detached
garage, and barn. The residence is accessed via a private driveway that extends from Clinton
Street to the residence.
The subject property is zoned R-1-5, a single-family residential zoning with a 5,000 square foot
minimum lot size. The surrounding properties are also zoned R-1-5 and are developed
exclusivelywith single-family homes. The newly created lot, absent additional subdivision,
would allow for the development of one single-family home.
The property has several physical constraints including steep slopes along the eastern portion of
the property with slopes exceeding 35-percentand minor areas along the northern side of the
Clinton Street frontage with slopes between 25-35-percent. The property also has both FEMA /
Ashland Flood zones. Mook Creek also traverses the property from southwest to northeast,
which is identified as an intermittent/ephemeral stream by theAshland Water Resource
Protection Zone maps. Additionally, the Ashland Wetland Inventory indicates the presence of a
wetland on the proposed vacant parcel. Future development will have to address the water
resource protection zones and wetland protection.
Partition
As mentioned at the outset the proposal is a request for a land partition to create twolots for the
property located at 345Clinton Street.The lots as proposed comply with the base standards for the
zone, minimum area requirements and lot coverage.The preliminary plat included with the
application indicates that proposed Parcel one would retain the existing residenceand would be 8.9
acres with 2.6acers in the flood zone and proposed Parcel two will be vacant and measure 3.35 acres
with approximately 0.5 acres in the flood zone. Based on the preliminary plat, both proposed parcels
substantially exceed the 5,000square feet minimum lot size and minimum width standards as well as
lot width to depth ratio.
The application explains that allcity facilities are available within the adjacent rights-of-way,
including sanitary sewer and water and franchise utilities. There are no proposed public utilities
proposed to be installed to serve the new vacant parcel. The application explains that the size of
these utilities will be predicated by the future development.
Clinton, Ann and Briscoe streets are designated as local streets in the City of Ashland Transportation
System Plan and are designed to have a capacity ofup to 1500 daily trips. The most recenttrip count
data (captured between 2005 and 2008) indicate that each of these roads operatefar below their
design capacity: Carol 388 Average DailyTrips (ADT), Phelps 207 ADT, Clinton 143 ADT and
Ann 157ADT.According to City records in the past twenty years there have been two accidents at
the point where Clinton St turns into Carol, one accident at the intersection of Clintonand Ann, and
another at Phelps and Clinton, for a total of four accidents. The curb-to-curb widthis twenty-seven
feet which exceeds the required amount for local access streets andallows for parking on both sides.
Clinton and Ann Street lackpark rowand sidewalksadjacent to the new parcel.The application
PA-T1-2020-00109
345ClintonStreet/AA
24
Page 2
requests to sign in favor of a LID for future development of Clinton Street, Ann Street.A condition
has been added below requiring that the applicant sign in favor of a LID prior to approval of the final
plat.
The application includes a discussion regarding the future development plan to demonstrate that the
proposed partition will not impedefuture development of the parcels. The future development plan
indicates that the proposed new parcel would be able to be subdivide to approximatelyfifteenlots
for the development of single-family homes with access provided by an extension of Briscoe and
Phelps Streets as well as thealleybetween Clinton and BriscoePlace.Thedevelopment plan is not a
subdivision proposal and is not approved with this two-lot partition approval.Rather the
development plan is simply to demonstrate that the further development of the new parcelis feasible.
Public Input
Notice of the planning action was mailed to all properties within 200 feet of the subject property
as well as a physical notice posted along the frontage of the property. The notice included a staff
contact name and number. Subsequent to the mailing of a Notice of Application, written
comments about the request were received from eleven concerned citizens.In accordance with
Ashland Municipal Code (AMC) 18.5.1.050, the Type I procedure for planning applications
allows a 14-day period forthe submission of written comments, starting from the date of
th
mailing. For the subject application, the comment period began on May 15 and ended on May
th
29.
Issues that were raised in relation to the planning application included concerns about open space
preservation, habitat for wildlife, views, and concerns about future development of the property
including noise, dust, and traffic.These issues are addressed by the application materials, as well
as by this report. The applicant has dedicated land in the flood plain to the City in the past and
will be kept asParks land and open space. While there are portions of both proposed parcels that
are in the flood plain no additional land is proposed to be conveyed to the City at this time.
Concerns regarding loss of views are not protected by the Land Use Ordinance.
th
Eric Elerath submitted a written comment on May 29raising additional concerns about the
relevant approval criteria included in the mailed notice, and physical access to the application
materials, and included a request for additional time to inspect and review the application
materials.
The mailed notice included the relevant approval criteria from AMC 18.5.3.050 for a Preliminary
PartitionPlat. The issue regarding an incomplete application was identifiedin the written
comment as the application materials posted online did not include the receipt for payment for
the planning application. AMC 18.5.1.050 requires the application form and fee for a planning
application to be considered complete. ORS 227.178 requires a city to determine if a planning
application is complete within 30 days of the applicant submitting the information and to notify
the applicant if any required submittal information is missing. The Staff Advisor is responsible
for determining whether the submittalinformationis complete for a Type I planning application
and accordingly made the determination on May 15, 2020 that the application was complete,
th
including that the preliminary partition plat fee had been paid on April 30.The receipt for the
PA-T1-2020-00109
345ClintonStreet/AA
25
Page 3
payment is documented in the City’s permitting software and a hard copy of the receipt is
included in the planning application file.
The notice statedthat the application materials were available at the Winburn Way building
during the period of public comment the building and included a staff contact with a telephone
and email address. The Community Development Department offices were closed to the public
during the 14-day comment period in response to the tothe COVID-19 pandemic and the
declared state of emergency. The City’s emergencydeclaration on March 17, 2020 closed City
offices to the public and continue to be closed to the public until such time that the state
announces Phase three of reopening.The planning application materialswere posted on “What’s
Happening in my City” on the City web site.People that called or emailedand were interested in
reviewing the file were directed to the City’s web site.
***
The approval criteria for aLand Partitionare detailed in AMC 18.5.3.050 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.
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 lotsconform 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 18.4.3.080Vehicle Area Design.
See also, 18.5.3.060Additional Preliminary Flag Lot Partition Plat Criteria.
G.
The proposed streets, utilities, and surface water drainage facilities conform to the street design
, and allow for transitions to existingand potential
standards and other requirements in part 18.4
future development on adjacent lands. The preliminary plat shall identify all proposed public
improvements and dedications.
H.Unpaved Streets.
Minimum Street Improvement.
1.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, suchaccess 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.
Unpaved Streets.
2.The Public WorksDirector 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
prior to the
standard physical width, and surfaced as required in chapter 18.4.6
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
PA-T1-2020-00109
345ClintonStreet/AA
26
Page 4
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 unpavedstreet and paving is not required, the applicant
shall agree to participate in the costs and to waive the rights of the ownerof the subject
property to remonstrate both with respect to the owners agreeingto participate in the
cost of full street improvements and to not remonstrate to the formation of a local
improvement district to cover such improvements and costs thereof. Full street
improvements shall include paving, curb, gutter, sidewalks, and the undergrounding of
utilities. This requirement shall be precedent to the signing of the final survey plat, and if
the owner declines to so agree, then the application shall be denied.
I.
Where an alley exists adjacent to the partition, access may be required to be provided from the
alley and prohibited from the street.
J
. Required State and Federal permits, as applicable, have been obtained or can reasonably be
obtained prior to development.
K.
A partition plat containing one or more flag lots shall additionally meet the criteria in section
.
18.5.3.060
+++
Decision
The applicants have submitted materials to the Planning Department todemonstrate compliance with
the applicable approval standardsfor the proposed partition and by their reference are incorporated
as if set out in full.
In staff’s assessment, the application with the attached conditions complies with all applicable City
Ordinances.Therefore, Planning Action #PA-T1-2020-00109 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 #PA-T1-2020-00109 isdenied.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, reviewed and approved within 18 months of the
final decision date of the preliminary partition plat approval by the City of Ashland.
3)That the applicant sign in favor of an LID for future development of Clintonand Ann
Streets.
4)That prior to the submittal of the final survey plat for the review, approval and signature of
the Ashland Planning Division:
a)All easements for public and private utilities, fire apparatus access, and reciprocal utility,
maintenance, and access shall be indicated on the final survey plat as required by the
Ashland Engineering Division.
06.30.2020
__________________________________ ______________
Bill Molnar, Community Development Director Date
Department of Community Development
PA-T1-2020-00109
345ClintonStreet/AA
27
Page 5
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Received 5.29.2020 46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
From:Diana Standing
To:planning
Subject:Division of Paul Mace and Kathleen Kahle"s of 345 Clinton Street property
Date:Tuesday, May 26, 2020 10:30:15 AM
\[EXTERNAL SENDER\]
To: Planning Commission
Twenty years ago when we bought our home on Clinton Street we were told by the realtor that the acreage across
the Street was flood plain and no one could build on it. Paul Mace and Kathleen Kahle told us within a year of us
moving in, that they had asked the city to allow them to build a few houses bordering Clinton Street at our end of
their property. They were told it is a flood plain. How did that that acreage with its ponds and wildlife suddenly not
become a floodplain? What constitutes a flood plain?
Three years after we moved to Clinton Street, the building of homes began in Riverwalk. And even though Paul and
Kathleen's property was considered a flood zone, we knew it would be a matter of time before that acreage would
also have homes.
People in this neighborhood dealt with 4 months of increased traffic due to the improvements on Hersey Street. It
was very disruptive to our lives. And now the thought of building a subdivision at this time of the virus, makes
many of us uneasy. An increase in the number of homes in this area is of concern. Here are some of the reasons:
1. Increased traffic would jeopardize the safety of many neighborhood children who ride their bikes, scooters and
skateboards.
2. Increased traffic would create considerably more noise.
3. There is a blind intersection at the corner of Ann & Clinton Streets. If this is used as an entrance to the buildable
parcel/parcels this could increase accidents.
4. The acreage is a riparian zone. There are ponds, the water table is high. The area is home to trees, plants and food
to many animals including ducks, geese, song birds, quail, coyote, fox, pheasants, to name a few.
We need a balance between the natural world and homes.
When Riverwalk was proposed, neighbors worked with the developers. It turned out to a nice addition to our
neighborhood. We hope this history of all of us working together can continue if and when this parcel/parcels is
divided and a planner is deciding its future, which affects our future.
Thank you for your time.
Diana Standing
Bob Weibel
72
Received 5.26.2020
From:Lindsey Findley
To:planning
Subject:PA-T1–2020-00109
Date:Tuesday, May 26, 2020 2:21:05 PM
\[EXTERNAL SENDER\]
Please hear my express concern after learning about the proposed building site for Paul Mace and Kathleen Kahle. I
bought my home in the 1980s. After finally retiring from nursing at RVMC, I’ve moved back into my home with
my husband. I now learn the property across the street is to become ‘Single Family Residential’ Zoning R-1-5:
Assessor’s Map # 391E04DB; Tax Lot 401. I’m issuing a major complaint to Aaron Anderson. HOPING TO BE
HEARD
Sent from my iPhone
Received 5.26.2020 73
From:Ann Barton
To:planning
Cc:Becca McLennan
Subject:Planning action PA-T1-2020-00109
Date:Sunday, May 24, 2020 2:42:49 PM
\[EXTERNAL SENDER\]
Dear Ashland Planning Department,
I’d like to state my opinion about this piece of property.
I live above Clinton on Patterson st. I look at this lovely piece of property
from my windows (including my bedroom) and my deck. It is filled with
wild life and beauty. It is next to a riparian zone which is important
to our environment and the health of Bear creek.
I know that this partition of property is the first stage in developing
and turning this field into yet another development. I think the
timing is totally wrong. We are heading into the unknown with at
least a recession and probably a depression ahead of us. Not to mention
a potentially heavy smoke year as we are in a drought. Our local economy
has been hit hard as well, with no tourist industry for the unforeseeable
future, we don’t know how this will effect the popularity of this town.
We do know the smoky summers has been a problem for our local
economy.
Also as my partner and I are in the vulnerable group for Covid we are staying home 90%
of the time with an uncertain future for when it will be safe for us to go
out again as Ashland doesn’t have testing and very few people are wearing masks.
Since I am home now so much it would be very upsetting to have to listen to
development for what? years?
Last week when the city was working on Clinton it was very loud and disturbing,
it jangled my nerves. This noise will be the same if they develop this property,
but it will be all day long! I’m very nervous about it. So much so I’m thinking of
selling my house.
Ideally I don’t think this piece of property should ever be developed. We are
Losing wildlife habitat rapidly. The WWF says wildlife habitat loss is the main
threat to 85% of all species. That includes us because we depend on those
species.
https://wwf.panda.org/our_work/wildlife/problems/habitat_loss_degradation/
Why destroy a land and wild life when we don’t even know if those houses will
get sold. We live in a time of the great unknown. It isn’t a time to act as if it’s
normal. It isn’t now and won’t ever be the way it was.
Please I ask you to hold off and be smart about our uncertain future,
the health of our wildlife and those of us that will be most directly affected.
74
Received 5.2.2020
I know that many in my neighborhood are in the same situation as we are
and have the same views.
I’d like to be updated on the status of this property.
Thank You
Sincerely,
Ann Barton
75
Received 5.2.2020
From:Rebecca McLennan
To:planning
Subject:Proposed subdivision on Clinton
Date:Sunday, May 24, 2020 5:58:13 PM
\[EXTERNAL SENDER\]
To whom it may concern:
It seems like very bad planning to consider a major subdivision at this time. These are incredibly uncertain times
and Ashland is affected on multiple levels: The virus and probable smoke in the valley this summer will likely lead
to a recession in here; the country as we know is quickly headed in that direction. The impact on downtown
businesses has yet to be assessed. Most likely many will close their doors. The Shakespeare Festival as we all
know will be dark for at least this year, likely longer.
And then there’s yet another open space going away just to put some money in someone’s pocket. Doesn’t seem
right.
As well, many people in this neighborhood are elderly and already stressed dealing with the virus and social
isolation. And, to add the noise and dust from building seems cruel and an invasion of lifestyles.
I would like to be kept informed about this situation.
Sincerely,
Rebecca McLennan
537 Phelps St
Ashland. OR
541-292-9888
Sent from my iPhone
76
Received 5.2.2020
77
78
79
80
Planning Department, 51 Winburn Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
NOTICE OF APPLICATION
PLANNING ACTION
: PA-T1-2020-00109
SUBJECT PROPERTY
: 345 Clinton
OWNER/APPLICANT
: Paul Mace & Kathleen Kahle / Rogue Planning & Development
DESCRIPTION
:
A request land use approval for a two-lot partition of a 12.29-acre lot. ThePurpose of the
partition is to allow for the divestment of a large, developable portion for a single-familyresidential zoned
property. The tentative partition plat submitted withthe application indicate that the two resultant parcels will
be 8.943 ac. and 3.35 ac with the smaller parcel situated in the southeast of the parent parcel.
COMPREHENSIVE PLAN DESIGNATIONZONING
: Single Family Residential; : R-1-5; #:
TAX LOT
391E04DB; : 401
NOTICE OF COMPLETE APPLICATION
: May 15, 2020
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS
: May 29, 2020
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
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 Aaron Anderson at 541-488-5305.
81
G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\C\\Clinton\\Clinton_345\\PA-T1-2020-00109\\Clinton_345_PA-T1-2020-00109_NOC.docx
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.
I. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street.
J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development.
82
G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\C\\Clinton\\Clinton_345\\PA-T1-2020-00109\\Clinton_345_PA-T1-2020-00109_NOC.docx
()*+$,-$./01234
!"#$%&!'
(,5563)*+$78981,:583*$78:2;*583*
(*"1234563"1$!
- ./*.+,+,.,,*,0
78 $39:";<"0=(+,
!"#$%&'"")+,+,
/& & 8>3&'"(?*.?@@.(A,(
B37 &C%2>3"D23&'"(?*.((+.+,@,
123$#+:8<$#+:8$"$ 1233)3=$.>*),3
?,;@$(12//<$#+:8$"$ 1233)3=$.>*),3
!2:$A$#2B$C,* ;,:8;*+$.44;8//
A0*E,?#F?,*
A?("G 23%>3"H%"
DE38;$"3-,;52*),3.::1)>23*$"3-,;52*),3
-$5 )M$%8 &&3"N$C&)M$8 &<>I5&"- $3323I"$39"#&J& > K&3%
;L3&6' 2C$3%'
;L3&6"A?("G 23%>3"H%" 2C$3%"AA"O"G&3%6$ " J&"+*A"
996&77' 78 $39:";<""0=(+, 996&77'N&9P>69:";<""0=(,*
Q(?*R"0(*.?,+,
-8>3&'-8>3&'
Q(?*R"0?*.0A*(
;,F8>*$78/>;):*),3
ND-.+"D>%7
$G88/
G88$78/>;):*),3<.5,63*<
D$39"-$6%2%2>3"Q/! &"BRS*:+A=T,,"
2C$3%'#$%&'
S*:+A=T,,"
/>%$ "U&&7'
83
Received 4.30.2020
QB.U2.3131.1121:
5/41/3131Uzqf22348/11
84
Received 4.30.2020
85
Received 4.30.2020
Rogue Planning & Development Services, LLC
Minor Land Partition
345 Clinton Street
Received 4.30.2020 86
Minor Land Partition
Property Address: 345 Clinton Street
Map & Tax Lots: 39 1E 04DB: Tax Lots: 401
Zoning: R-1-5
Adjacent Zones: R-1-5
Overlay Zones: Performance Standards Overlay
Water Resource Protection Zones
FEMA Floodplain
Ashland Modified Flood zone
Lot Area: 12.29 acres
Property Owner: Paul Mace and Kathleen Kahle
345 Clinton Street
Ashland, OR 97520
Planning Consultant: Amy Gunter
Rogue Planning & Development Services
33 N Central Avenue, Suite 213
Medford, OR 97501
Surveyor: LJ Friar and Associates
2714 N Pacific Hwy
Medford, OR 97501
Request:
A request for a minor land partition of an approximately 3.35-acreportion of a 12.29-acre parcel. The
minor land partition is to allow for the divestment of a large, developable portion for a single-family
residential zoned property.
87
Received 4.30.2020
Property Description:
The 12.29-acre property is on the north side of Clinton Street. The property is occupied by a single-family
residential home, a detached garage, and a pole barn. The residence is accessed via a paved, private
driveway that extends from Clinton Street to the residence.
The subject property and the adjacent properties are R-1-5-P and are generally developed with single-
family residences and their outbuildings.
Clinton Street, a neighborhood street is along the south property line. Ann Street and the stub of Briscoe
Place, also neighborhood streets, are along the east property line. Ann Street, along the frontage of the
property, and Briscoe Place were partially improved with the development as part of the Riverwalk
Subdivision.
There are steep slopes on the west side of the property uphill to the properties further west that are
developed with single-family residential homes and their accessory buildings. These properties are
accessed from Sylvia Street and Sleepy Hollow Drive. Both are neighborhood streets, which are accessed
from Oak Street further west. A portion of the subject property wraps around the Sylvia Street properties
and connects to the intersection of Sylvia Street and Sleepy Hollow Drive.
The north property line abuts City of Ashland properties that are an extension of Riverwalk Park. Bear
Creek is to the north, within the city parcels. The properties to the east within Riverwalk and to the south,
across Clinton Street are developed with primarily single-family residences.
88
Received 4.30.2020
There are physical constraints on the northern portions of the property. These include steep slopes, the
FEMA 100-year floodplain, FEMA 500-year floodplain, and Ashland Modified Flood zone for Bear Creek.
Mook “Clear” Creek also traverses the property from north to south. According to the City of Ashland
Water Resource Protection Zone maps, Mook Creek is an intermittent/ephemeral stream.
There are historical irrigation rights on the property. Over the years ponds for irrigation water storage
have been created. Some of the pond areas have developed into wetlands. In addition to the ponds,
according to the Local Wetlands Inventory (LWI), there is a potential wetland located to the east of the
ponds on the property. Schott & Associates, Wetlands Biologist have been on-site and completed a
delineation report. This report will be filed by the future developer(s).
The property has varying degrees of slope with a slight road slope along Clinton Street and the driveway.
There are minor variations across the larger property area with an average slope approximately four
percent downhill from the southwest to the northeast. The west side of the property behind the Sylvia
Street lots is steeply sloped up to the adjacent properties to the west.
The property is subject to solar setback standard A.
There are smaller stature trees either on or directly adjacent to the subject property.
Retention of the highest number of trees in the landscape areas is an important aspect of the project
and as many trees as possible will be able to be retained and still provide a buildable area for a new
residential.
Clinton Street is paved with partial street improvements along both sides of the street that include curb,
gutter, sidewalk and park row. Ann Street to the east and Briscoe Place are improved with curb, gutter,
park row and sidewalk on the east side, the street side abutting the property has curb and gutter, no
park row and sidewalk. The private drive is paved.
Proposal:
The request is to divide the property into two parcels.
Proposed Parcel 1 is 8.36 acres. This parcel would retain the residence, garage and pole barn at 345
Clinton Street. The vehicular access will be retained from Clinton Street utilizing the private driveway.
The east side of the existing private driveway is the approximate east property line of Parcel 1.
Proposed Parcel 1 has a lot width of more than 100-feet, along Clinton Street, exceeding minimum lot
width in the zone. The lot depth exceeds minimum lot depth in the zone. The parcel substantially exceeds
the minimum lot area of 5,000 square feet required in the zone.
89
Received 4.30.2020
Proposed Parcel 2 is a vacant, developable, approximately 3.35-acreparcel northwest of the intersection
of Clinton Street and Ann Street. The parcel is proposed to have 358.32 feet of frontage along Clinton
Street and extends 240 feet along Anne Street. Briscoe Place T’s into the east side of Proposed Parcel 2.
This parcel is intended to be sold and developed by others as a future single-family residential
development, on outright permitted use in the zone.
The area for future development has the potential base density of approximately 15, single-family
dwelling units. The Ashland Municipal Code The future development of either parcel will demonstrate
compliance with the city standards.
Along the north portion of proposed Parcel 2, .545 acres are within the Bear Creekfloodplain. The
floodplains and wetlands will be further evaluated and planned for as required by state and local
ordinances and future impacts mitigated through the site development of the residential homes. There
is adequate area for the development of residential lots and the preservation of the significant natural
features.
Findings addressing the criteria from the Ashland Municipal Code can be found on the following pages.
The applicant’s findings are in Calibri font and the criteria are in font.
Times New Roman
Attachments:
Proposed Tentative Plat
FINDINGS OF FACT
90
Received 4.30.2020
18.5.3.050 Preliminary Partition Plat Criteria
A. The future use for urban purposes of the remainder of the tract will not be impeded.
Finding:
Future urban uses are not impeded with the proposed two parcel partition. The property is zoned R-1-5
and is within the Performance Standards Overlay. Development of the property as single-family
residences is a permitted use in the zone.
The proposal provides for a 3.35-acre parcel of developable land at the intersection of two, city streets
(Parcel 2). A third street, Briscoe Place, stubs into the property approximately 210-feet north of the Ann
Street and Clinton Street intersection. These streets will provide primary access to future residential
uses.
Proposed Parcel 1 has several physical constraints. Parcel 1 is also developed with the property owner’s
residence. There is a developable area in the southeast corner that has a frontage of 292.87 feet along
Clinton Street that will remain as part of Parcel 1. This partition does not impede the future
development of the property where not prevented or restricted due to the property’s physical
constraints.
B. The development of the remainder of any adjoining land or access thereto will not be impeded.
Finding:
The adjacent properties are mostly developed as single-family residence type developments or the land
is within the floodplain, wetland, steep slopes, or treed and limited development area is present. The
proposal will not impede access to adjoining lands.
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.
Finding:
There are no City adopted neighborhood or district plans that affect the property. To the applicant’s
knowledge, there are not previous approvals for the subject properties that would impact the proposal.
The properties to the east were developed as part of the Riverwalk Subdivision.
D. The tract of land has not been partitioned for 12 months.
Finding:
91
Received 4.30.2020
The tract of land has not been partitioned for the past 12 months.
E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable
overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g.,
parking and access, tree preservation, solar access, and orientation).
Finding:
The proposal complies with the requirements of the underlying zone. Both parcels will have
substantially more than 7,500 square feet of area and greatly exceed the minimum lot dimensions.
Parcel 1 is an 8.36-acre parcel that has FEMA floodplain, Ashland Adopted Floodplain, wetland area,
and existing residential development. The floodplain is mapped on the tentative survey plat.
Parcel 2 is proposed to be +/- 3.35 -acre acres in area. The future urbanization plan for the proposed
Parcel 2 will conform to the standards of the Performance Standards Subdivision, water resource and
physical and environmental constraint and natural area preservation. The future development will
demonstrate compliance with parking, access, solar access, and orientation of the residences towards
the future public streets.
The property is within the Physical and Environmental Constraint Overlay from AMC 18.3.9. There are
wetland areas and Floodplains. These have been mapped. A preliminary wetlands delineation report
has been completed but not filed with the state. The wetland has identified a wetland along the north
property line of proposed Parcel 2. The floodplain boundaries are mapped.
18.4.6: Public Facilities: As allowed in AMC 18.4.6.030, the request is to sign a waiver of consent to
participate in the costs of a Local Improvement District for both Clinton, Ann, and Briscoe Place. These
streets are not fully improved, but the future proposal to develop the property would install
improvements. When Clinton Street and Ann were developed, the property owners paid for one half of
the cost of the improvements. At that time, there were utilities stubbed at the end of Briscoe Place. A
public utility easement extends from the end of Briscoe Place to the north towards Bear Creek.
No new public utilities are proposed to be installed to service proposed Parcel 2 as the future
development utility sizing will be dependent upon the number of units, locations, etc.
18.4.8: Solar Setback Standards:
Future development will demonstrate compliance with Solar Setback Standard A.
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.
92
Received 4.30.2020
Finding:
The driveway for Parcel 1 is proposed to remain. No new access for proposed Parcel 2.
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.
Finding:
No new streets are proposed at this time. Future streets for the development of Parcel 2 will
demonstrate compliance with the standards from 18.4.6.
H. Unpaved Streets.
Finding:
All streets are paved.
I. Where an alley exists adjacent to the partition, access may be required to be provided from the alley
and prohibited from the street.
Finding:
At present, there are no alleys. The future development of Parcel 2 will likely include alleys for access to
the future individual lot development.
J. Required State and Federal permits, as applicable, have been obtained or can reasonably be
obtained before development.
Finding:
No state or federal permits are required to partition.
K. A partition plat containing one or more flag lots shall additionally meet the criteria in section
18.5.3.060.
Finding:
No flag lots area proposed as part of the partition.
93
Received 4.30.2020
94