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HomeMy WebLinkAboutHillview_897_PA-APPEAL-2022-00017December 16, 2022 Applicant: Suncrest Homes, LLC PO Box 1313 Talent, OR 97540 Owner: Charles Hamilton PO Box 1313 Talent, OR 97540 RE: Planning Action #PA -APPEAL -2022-00017 Notice of Decision Appellant: Chuck Smith 895 Hillview Drive Ashland, OR 97520 CITY O - SHLAND At its meeting on December 13, 2022, the Ashland Planning Commission denied the appeal, and upheld the administrative decision approving Planning Action PA -T1-2022-00185, a request for land use approval for a two -lot partition of a 0.36 -acre lot. The Ashland Planning Commission adopted and signed the Findings, Conclusions and Orders document on December 13, 2022. The Planning Commission's decision on appeal becomes final with this mailing of the Notice of Final Decision (AMC 18.5.1.050.6.4). The 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. Copies of the Findings, Conclusions and Orders document, the application and all associated documents and evidence submitted, and applicable criteria and standards 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. This decision may be appealed to the Oregon Land Use Board of Appeals (LUBA) in accordance with Oregon State Law. Please contact LUBA for specific appeal information, http://www.oregon.gov/LUBA/Pages/FAQ.gWx or 503-373-1265. They are located at 550 Capitol Street N.E., Suite 235, Salem, Oregon 97301-2552. If you have any questions regarding this decision, please contact Aaron Anderson in the Community Development Department at (541) 552-2052. Enclosure cc: Charles Hamilton Parties of record COMMUNITY DEVELOPMENT DEPARTMENT TeL 541-488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 wim.ashland.orms BEFORE THE PLANNING COMMISSION December 13, 2022 IN THE MATTER OF PLANNING ACTION #PA -APPEAL -2022-00017, AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF PLANNING ACTION #PA -T1-2022-00185, A TWO -LOT PARTITION OF A 0.36 -ACRE LOT FOR THE PROPERTY LOCATED AT 897 HILLVIEW DRIVE. THE TENTATIVE PARTITION PLAT CREATES TWO PARCELS THAT ARE 0. 18, AND 0.17 ACRES IN SIZE. STAFF INITIALLY APPROVED THE APPLICATION. SUBSEQUENT TO THE MAILING OF A NOTICE OF DECISION AN APPEAL REQUEST WAS TIMELY FILED. OWNER/APPLICANT: SUNCREST HOMES LLC APPELLANT: CHUCK SMITH RECITALS: FINDINGS, CONCLUSIONS, AND ORDERS. 1) Tax lot #900 of Assessor's Map 39 -1E -15 -AC is located at 897 Hillview Drive is in the R-1- 7.5 zoning district and is 0.36 acres in size. 2) The application proposed a two -lot partition and included a tentative partition plat showing three parcels that are proposed to be 0.18 and 0.17 acres in size. 3) On May 31, 2022, the application was deemed complete, and in accordance with AMC 18.5.1.050.8.4 a Notice of Complete (NOC) application was posted at the subject property in clear view from the public right-of-way and mailed to all property owners of record within 200 feet of the parcel. 4) The Staff Advisor approved the application on October 20, 2022, subject to several conditions of approval and a Notice of Decision (NOD) was hailed on the same date with a deadline to appeal of November 1, 2022. 5) On November 1, 2022, a Notice of Land Use Appeal was timely filed by Chuck Smith who reside at 895 Hillview Drive. Mr. Smith has standing to appeal as he was both entitled to written notice, and by having submitted written comments on the application during the initial comment period. 6) The Planning Commission, following proper public notice, held a public hearing on December 13, 2022. Public testimony was received, and exhibits were presented. 7) After the close of the public hearing the Planning Commission deliberated and determined that staff had not erred in approving the two -lot partition. A motion was made to deny the appeal and approve the application subject to conditions listed in the staff report. PA -APPEAL -2022-00017 December 13, 2022 Page 1 8) The criteria of approval for a Land Partition are described in Ashland Municipal Code (AMC) 18.5.3.050 which state that the approval authority shall approve an application for preliminary partition plat approval only where all 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. K. A partition plat containing one or more flag lots shall additionally meet the criteria in section 1sninAn PA -APPEAL -2022-00017 December 13, 2022 Page 2 9) The additional approval criteria for a flag lot are described in Ashland Municipal Code (AMC) 18.5.3.060: A. The criteria of section 18.5.3.050 are met. B. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, must meet the minimum square footage requirements of the zoning district. C. Flag drives shall be in the same ownership as the flag lots served. Where two or more lots are served by the same flag drive, the flag drive shall be owned by one of the lots and an easement for access shall be granted to the other lot or lots. D. Except as provided in subsection 18.5.3.060.H, below, the flag drive serving a single flag lot shall have a minimum width of 15 feet and contain a 12 foot wide paved driving surface. For drives serving two flag lots, the flag drive shall be 20 feet wide, with a 15 foot wide driving surface to the back of the first lot, and a 12 foot wide driving surface to the rear lot. Drives shared by adjacent properties shall have a width of 20 feet, with a 15 foot paved driving surface. Width shall be increased on turns where necessary to ensure fire apparatus remain on a paved surface during travel. E. Curb cuts have been minimized, where possible, through the use of common driveways. No more than two flag lots are served by the flag drive. F. Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may be granted for flag drives for grades in excess of 15 percent but no greater than 18 percent for not more than 200 feet. Such variances shall be required to meet all of the criteria for approval in chapter 18.5.5 Variances. G. Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other public ways. H. Flag lots adjacent to an alley shall meet all of the requirements of this section, except that.. 1. Vehicle access shall be from the alley only where required as a condition of approval. 2. No screening and paving requirements shall be required for the flagpole. 3. A four foot pedestrian path shall be installed within the flagpole and improved and maintained with either a concrete, asphalt, brick, or paver block surface connecting the street to the buildable area of the flag lot. 4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at the street shall be identified by the address of the flag lot clearly visible from the street on a four -inch by four -inch post that is 3'/2 feet high. The post shall be painted white with black numbers three inches high running vertically down the front of the post. For flagpoles serving two or more dwellings, the addresses of such dwellings shall be on a two foot by three foot white sign clearly visible from the street with three-inch black numbers. I. Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the Oregon Fire Code and subject to all requirements thereof. J. When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a turnaround (see Figure 18.4.6.040.6.5). The Staff Advisor, in coordination with the Fire Code Official, may extend the distance of the turnaround requirement up to a maximum of 250 feet in length as allowed by Oregon Fire Code access exemptions. K. Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles backing out. L. There shall be no parking within ten feet of the centerline of the drive on either side of the flag drive entrance. M. Flag drives serving structures greater than 24 feet in height, as defined in part 18.6, shall provide a fire work area of 20 feet by 40 feet clear of vertical obstructions and within 50 feet of the structure. The fire work area requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed. N. Both sides of the flag drive have been screened with a sight -obscuring fence, wall or fire-resistant broadleaf evergreen sight -obscuring hedge to a height of from four to six feet, except in the front yard PA -APPEAL -2022-00017 December 13, 2022 Page 3 setback area where, starting five feet from the property line, the height shall be from 30 to 42 inches in the remaining setback area. Such fence or landscaping shall be placed to ensure fire apparatus access is not obstructed by the encroachment of mature landscaping. O. The applicant has executed and filed with the Community Development Department an agreement between applicant and the City for paving and screening of the flag drive. Such an agreement shall specify the period within which the applicant, or agent for applicant, or contractor shall complete the paving to standards as specified by the Public Works Director and screening as required by this section, and providing that if applicant should fall to complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the applicant. An agreement shall also provide for the maintenance of the paving and screening pursuant to this section, and assurance ongoing maintenance. P. Flag lots shall be required to provide a useable yard area that has a minimal dimension of 20 feet wide by 20 feet deep. As used in this chapter, the term "useable yard area" means a private yard area which is unobstructed by a structure or automobile from the ground upward. Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, and Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to render a decision based on the application, Staff Report, public hearing testimony, and the exhibits received. 2.2 The Planning Commission finds that the proposal for a two -lot partition meets all applicable criteria described in section 18.5.3.050 and 18.5.3.060, for preliminary partition plat approval. The Planning Commission notes that the preliminary partition plat details the two proposed parcels to be 0.18 and 0.17 acres in size. 2.3 The Planning Commission finds that the application was deemed complete on May 31, 2022, and notice was both posted at the frontage of the subject property and mailed to all property owners within 200 -feet of the subject property. The Planning Commission further finds that the application was approved by the Staff Advisor on October 20, 2022, and a Notice of Decision (NOD) was mailed on the same date. 2.4 The Planning Commission finds that on November 1, 2022(the end of the appeal period), Chuck Smith timely filed a notice of land use appeal. Mr. Smith own an adjacent parcel to the PA -APPEAL -2022-00017 December 13, 2022 Page 4 north and also submitted written comments during the public comment period and thus had standing to appeal. The Planning Commission finds that the appellant has standing to appeal. 2.6 The Planning Commission finds that the subject property is located within the R-1-7.5 zoning district and that land divisions are governed by AMC 18.5.3. 2.7 The Planning Commission finds that AMC Title 18 Land Use regulates the division of land to carry out the development pattern envisioned by the Comprehensive Plan and to encourage efficient use of land resources among other goals. When considering the decision to approve or deny an application for land partition, the Staff Advisor considers the application materials against the relevant approval criteria in the AMC. 2.8 The approval criteria for a preliminary partition plat are in Ashland Municipal Code (AMC) 18.5.3.050. The Planning Commission finds that there is substantial evidence in the record to make findings that each of the criteria have been met, as was explained in detail in the December 13'h Staff report and by its reference is incorporated herein as if set out in full. 2.9 The Planning Commission notes the notice of appeal included the standard Land Use Appeal form which has spaces for up to three specific grounds for appeal and a citation for the relevant applicable criteria that it relates to. These spaces were left blank. The form continues and says, "on attached pages, list other grounds, in a manner similar to the above" (emphasis added). The following 19 pages of materials include what staff believes to be three specific grounds for appeal over two pages. The remainder of the appellant submittal includes other correspondence, photos, and drawings. Staff and the applicant understand that the specific appeal issues raised are: • AMC 18.5.3.040.B.2.e -- Preliminary Plat submission requirements • AMC 18.5.3.050.G — Partition Plat Approval Criteria • AMC 18.4.6.080 — Public Facilities (Storm Drain) 29.1 The Planning Commission notes that the first assignment of error is cited at AMC 18.5.3.050.B.2.e which is part of the submission requirements and requires that the applicant provide "The Base Flood Elevation, Floodplain Corridor Elevation, and Floodplain Boundary, per the Ashland Floodplain Corridor Maps, as applicable; "(emphasis added). The appeal materials do not further develop this argument, but The Planning Commission understands that the appeal issue is that these items were required and not part of the application materials. The Planning Commission finds that it is true that there is no BFE or floodplain information, however this is because the subject property is not in an identified flood zone, and such is not applicable. 29.2 The Planning Commission understands the appellant in their second and third assignments of error to be concerned primarily with storm water management based on the emphasis added in their appeal materials (at 3). The Planning Commission notes that no public dedications or utilities are required, and that there is an extant storm drain running along the north of the property to a catchment basin and then ultimately to a 15" storm drain. Public works and has reviewed the proposal and finds that there are no concerns regarding capacity, as such the Planning Commission finds that the second and PA -APPEAL -2022-00017 December 13, 2022 Page 5 third assignments of error do not provide a ground for reversal or denial. 2.9.3 The Planning Commission finds that the appeal materials also include a. list of 13 items (several that have sub lists) of concerns related to the proposal including character of the neighborhood, impact of development, etc. 'rhe Planning commission notes that these iterns are not germane to the relevant approval criteria and finds that these are not grounds for reversal or denial. 2.9 The Planning Commission finds that with the conditions below attached, the proposal satisfies the applicable approval criteria and that none of the appeal issues provide a basis to reverse the initial approval decision of the Staff Advisor. SECTION 1 DECISION 11 Based on the record of the Public Hearings on. this matter, the planning Conimission concludes that the request for the partition approval to divide the property is supported by evidence contained within the whole record. 3.2 The Planning Cornmission denies the appeal and re -affirms, the Staff Advisors original approval of the partition. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then the Planning Action is denied. The following are the conditions, and they are attached to the approval: 1) That allproposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. To wit: a. The applicants proposed condition of approval (Staff report at 6) which read: "Parcel #2, is not alloii)ed to use the alley,fbr its primaiy access. Par eel 42 shall have itspritncuy access off elf ffillview, the house shall be oriented toi,mrds Hillview and the garage shall be accessed gaff cif lillr icrrr.''' Shall not be included as a condition of approvalas it is deemed to be unenforceable. 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 prior to the submittal of the final Survey plat for the review, approval and signature of the Ashland Plamaing Division, 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.. Planni4 Commission Approval 2 Date;// PA -APPEAL -2022-00017 December 13, 2022 Page 6 ASHLAND PLANNING DEPARTMENT STAFF REPORT PLANNING ACTION: OWNER/APPLICANT: APPELLANT: LOCATION: ZONE DESIGNATION: December 13, 2022 PA -APPEAL -2022-00017 appealing PA -T1-2022-00185 Suncrest Homes LLC Chuck Smith 897 Hillview Drive 3 9-1 E- 15 -AC Tax Lot 900 R-1-7.5 COMP. PLAN DESIGNATION: Single Family Residential ORDINANCE REFERENCES: 18.2.5 Standards for Residential Zones 18.5.1 General Review Procedures 18.5.3 Land Divisions and Property Line Adjustments 18.6.1 Definitions SUBMITTAL DATE: May 13, 2022 DEEMED COMPLETE DATE: May 31, 2022 STAFF APPROVAL DATE: October 20, 2022 APPEALED: November 1, 2022 120 -DAY DEADLINE: waived by applicant +90 days. 120+90 DEADLINE: December 30, 2022 REQUEST: An appeal of the administrative approval of Planning Action #PA -T1-2022- 00185, a two -parcel partition of a 0.36 -acre property located at 897 Hillview Drive. I. Relevant Facts The application that is being appealed was submitted on May 13th 2022, was deemed complete on May 31St 2022, and was approved on October 20th, 2022. A Notice of Decision mailed the same day. The deadline to appeal was November 1St and on that same day a Notice of Intent to Appeal (NITA) was timely filed by Chuck Smith. Property Description The subject property and surrounding neighborhood is located in the R-1-7.5 zoning district, a Single Family Residential zone with a minimum lot size of 7,500 square feet. The property is on the west side of Hillview Drive between Siskiyou Boulevard and Ross Lane. The property also abuts an alley on its western side which terminates at the northern edge of the subject property. The property measures 82' x 190' which make it slightly over twice the minimum for the zone at 15,580 square feet. The subject property contains an existing single -story, 1,228 square foot residence built in 1947 according to --- ............. . Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department — Staff Report/ as Applicant: Suncrest Homes 1 Appellant: Chuck Smith December 13, 2022 - Page 1 of 12 II. the Jackson County Tax Assessor's records. The house is in poor condition and will be demolished to allow for the partition to occur. Proposal The application is a request for a land partition to divide the property at 897 Hillview Drive into two separate parcels. The applicant has proposed an eight -foot flagpole as allowed at AMC 18.5.3.060.H.4 when adjacent to an alley. The applicant has proposed that Parcel I measures 103' x 74' for a size of 7,622 square feet, and Parcel 2's body measures 87' x 82,' with an eight -foot flagpole extending to the street for a total size of 7,958 square feet. Next to the flagpole is a proposed 2' access easement giving Parcel 2 ten feet of functional access. Shown below is the proposed parcel configuration. Staff review and approval of PA -T1-2022-00185 As mentioned at the outset the proposal is a request for a land partition to create two lots. The application includes a complete inventory of 39 trees that are greater than 6 inches Diameter at Breast Height (DBH). The application also includes a proposed `building envelope' and tree protection plan however it is not supported by a proposed residential design. Staff feels that rather than approve the requested removals that instead the inventory and recommendations should be considered at the time of future development. Staff carefully considered the proposal and found that it meets all the relevant approval criteria as explained further below. As staff understands the proposal, the existing driveway on the south side of the property will be retained and improved to provide vehicle access to the rear property as well. The drive will still be able to provide the required pedestrian connection while also providing secondary vehicle access to the rear lot. Approval Criteria The approval criteria for a preliminary partition plat are in Ashland Municipal Code (AMC) 18.5.3.050. The first two criteria of approval for a partition are that "The future use for urban purposes of the remainder of the tract will not be impeded." and that "The development Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department— Staff Report! as Applicant: Suncrest Homes 1 Appellant: Chuck Smith December 13, 2022 - Page 2 of 12 NB9'47'17-W lso.00 s8 22* 23 ilo o m 113 t � 1❑ 20 2s xi I— � to to 27 Y 8�Y7nC� PARCEL 1 � S 30 9}12[1' pS I 15 7822 SQ FT a 111 m€ J 3 PARCEL 2 7995 sp FT w I :HOUSE TO BE to I REMOVED i e " 15 0 y 51 1D 1 t0 N09'47'17'W — 03.00— f 10 zrle r _ 89'47'17`W --- 190.00 Staff review and approval of PA -T1-2022-00185 As mentioned at the outset the proposal is a request for a land partition to create two lots. The application includes a complete inventory of 39 trees that are greater than 6 inches Diameter at Breast Height (DBH). The application also includes a proposed `building envelope' and tree protection plan however it is not supported by a proposed residential design. Staff feels that rather than approve the requested removals that instead the inventory and recommendations should be considered at the time of future development. Staff carefully considered the proposal and found that it meets all the relevant approval criteria as explained further below. As staff understands the proposal, the existing driveway on the south side of the property will be retained and improved to provide vehicle access to the rear property as well. The drive will still be able to provide the required pedestrian connection while also providing secondary vehicle access to the rear lot. Approval Criteria The approval criteria for a preliminary partition plat are in Ashland Municipal Code (AMC) 18.5.3.050. The first two criteria of approval for a partition are that "The future use for urban purposes of the remainder of the tract will not be impeded." and that "The development Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department— Staff Report! as Applicant: Suncrest Homes 1 Appellant: Chuck Smith December 13, 2022 - Page 2 of 12 of the remainder of any adjoining land or access thereto will not be impeded." Staff finds that the proposal for the two -lot partition is the maximum density allowed and that there is no remaining development potential and that all adjacent properties are developed meeting these standards. The third criteria of approval for a partition are 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." Staff finds that there are no city adopted neighborhood or district plans that affect this property and that there are no previous land use approvals that affect this property. The fourth criteria of approval for a partition are that "tract of land has not been partitioned for 12 months. The applicants assert, and after examining the Jackson County Survey records staff concurs that the tract of land has not been partitioned for twelve months meeting this standard. The fifth criteria of approval for a partition are that "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). Most development standards relate to the future construction of new homes with regards to setbacks, solar standards and lot coverage. Each of these will be evaluated in concert with the review of the future building permits. Staff finds that the proposed lots do conform to the dimensional requirements of the base zone and further notes that all future building permits will be required to demonstrate compliance will all standards of the Land Use Ordinance for site design review (including building placement, orientation, and design.). The sixth criteria of approval for a partition are that "Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design..." Staff notes that AMC 18.4.3.080.C.5 provides that "Where a property has alley access, vehicle access shall be taken from the alley..." Staff finds that the application demonstrates that vehicular access can be provided from the alley and the site plan demonstrates area for two parked cars which will be required to be improved with a gravel at a minimum. Staff notes that the applicant intends to improve the existing driveway to a width of ten -feet and provide proposed parcel 2 with a two -foot access easement adjacent to the eight -foot flagpole. A conceptual layout of the driveway and home development was submitted with supplemental materials is shown at right. Staff finds that this vehicular access is in addition to the alley access. Staff further notes that it also is proposed to serve parcel i as well and that the curb cut is existing. Staff finds that this is in conformance with AMC 18.4.3.080.c.4 which provides for "Shared Use of Driveways and Curb Cuts." Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department — Staff Report] as Applicant: Suncrest Homes I Appellant: Chuck Smith December 13, 2022 - Page 3 of 12 The seventh criteria of approval for a partition are 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 finds that the standards provided at AMC 18.4.6.040.0.1 only require a public street dedication when serving four or more lots. Staff finds that utilities are available to each of the proposed lots including water, sewer, and all franchise utilities. The eighth criteria of approval for a partition include standards for situations where there are unpaved streets. Staff notes that Hillview Drive has a 40 -foot public right of way and is paved with curb and gutter. Staff notes that while the Land Use Ordinance prescribes improvement standards for alleys historically alleys have not been required to be improved unless there was a commercial use, this is because of the need for both a nexus to the improvement as well as a rough proportionality (Nolan/Dolan tests). Staff further notes AMC 18.5.3.050.H.2 allows the public Works Director to permit a land partition with access to an unpaved street subject to certain provisions including waiving the right to remonstrate with respect to the formation of an LID. A conditional of approval will require that the property owner sign in favor of an LID for such improvements. Staff finds that with the forgoing this approval criterion is satisfied. The ninth criteria of approval for a partition relates to situations where there is an alley adjacent to the partition. As mentioned above the applicant has shown the vehicle access and parking will be provided off the alley. Staff notes that this satisfies the requirements of the land use ordinance. The tenth criteria of approval for a partition is regarding compliance with any required state or federal permits. Staff finds that there are no known required state or federal permits satisfying this approval criterion. Finally, the eleventh criteria of approval for a partition invokes section AMC 18.5.3.060 which is "additional preliminary flag lot partition plat criteria" which contains a total of eleven additional approval criteria. These approval criteria address standards for vehicle access over proposed flag drives and provides options when a lot is adjacent to an alley. The section dealing with alleys is subpart `H' which provides for the eight -foot flagpole option when vehicle access is provided off the alley as it is in this case. The section requires that the flagpole be improved with a pedestrian access at least four feet in width. Staff finds that the proposed alternative vehicle access which will be improved to a width of ten feet meet this standard and find that this approval criterion is met. 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. In accordance with AMC 18.5.1.050, the Type I procedure for planning applications, allows a 14 -day period for the submission of written comments, starting from the date of mailing. Subsequent to the mailing of a Notice of Complete application seventeen written comments about the request were Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department— Staff Reportl as Applicant: Suncrest Homes / Appellant: Chuck Smith December 13, 2022 - Page 4 of 12 received expressing concerns about the development, and by their reference are incorporated herein. These comments ranged from brief objections to much longer written responses. Aside from concerns regarding increased density and neighborhood character many of the complaints centered around a concern about increased impact on the unimproved alley, despite the fact that the applicant's intention is to minimize impact on the alley by providing secondary vehicular access across the front parcel. One of the public comments that was received provided citations regarding concerns raised the issue that the second of the eleven criterion under the eleventh criteria of approval for a partition provides that "For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the fiag drive area, must meet the minimum square footage requirements of the zoning district." Staff notes that the required drive area is adjacent to the alley as mentioned above, and that because the alley option was used in this context there is no `flag drive area,' staff further notes that while there is a proposed casement for a total access width of 10' for vehicle access it is secondary and in addition to the alley vehicle access. Another concern raised had to do with compliance with AMC 18.2.4.010 which states: "Lath lot shall abut a public street other than an alley for a width of not less than 40 feet; except, where a lot is art of an aRproved flag partition or abuts a cul-de-sac vehicle turn -around area, the minimum width is 25 feet." Staff would note that the construction of this provision provides that a lot shall have 40' of frontage along a street, or 25' feet in the case of a cul-de-sac, and then exempts this provision from a flag partition. Additionally, the LUO provides a definition for street which includes that an alley is a type of street. The letter goes on to raised concerns about both a usable yard area and parking stating that the `proposed building envelopes appear to preclude meeting the required yard areas.' Staff notes that the preliminary plat shows the required building setbacks, and the parking required off the alley as required, so this is not the area that the proposed building will occupy but the maximum area any part of the building would be able to be located. When building permits are reviewed and approved, they will be required to demonstrate that the yard area, and parking area are met in addition to all the applicable base standards of the zone including lot coverage, and solar setbacks. An additional concern was about improvements and impacts on the alley. As mentioned above the city has historically not required improvements to alleys for residential development. The applicant has demonstrated proposed parcel 2 is served by the alley, and as shown above is also including additional paved vehicle access over the eight -foot flagpole. Following the conclusion of the public comment period the applicant requested a waiver to the local 45 -day timeline as well as the 120 -day rule. The reason for these extensions were at the applicants request to address neighborhood concerns. The applicant held a * Street. A public right-of-way for roadway, sidewalk, and utility installation including the terms road, highway, land, place, avenue, alley, or other similar designations Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department —Staff Report/ as Applicant: Suncrest Homes I Appellant: Chuck Smith December 13, 2022 - Page 5 of 12 neighborhood meeting on September 21, 2022. The applicant also submitted supplemental materials in the form a single page letter submitted following a neighborhood meeting, and a handout advertising the public meeting; That handout included a conceptual layout of how the lots are proposed to be developed included above. The letter included four specific proposals that intended to alleviate concerns of neighborhood property owners. Those items were: 1) Parcel #2, is not allowed to use the alley for its primary access. Parcel #2 shall have its primary access off of Hillview, the house shall be oriented towards Hillview and the garage shall be accessed off of Hillview. 2) No construction vehicles shall use the alley at the rear of the property during the construction of either parcel #1 or Parcel #2. 3) Both homes on parcel #1 & 42 shall a foundation drain systems, each will be tied into the storm drain system that runs along the North property line. If for any reason these lines can't be tied into said storm drain, they shall be run out to the street via a weep hole. 4) All roof drains and landscape drains are required to be tied into the storm drain system that runs along the North property line. If for any reason these lines can't be tied into said storm drain, they shall be run out to the street via a weep hole. Due to the length of time that elapsed from the close of the public comment period Staff decided to re -notice the application for an additional period of public comment. During this second public comment period four additional comments were received, and by their reference are incorporated herein. Each of these four letters varied in length from a brief paragraph summarizing their concerns, to a single page letter listing seven items, to a threc-page letter itemizing 21 specific concerns. Generally, the concerns relate to interconnected impacts regarding to new development, specifically: traffic generation, character of the neighborhood, density, and speculation real estate / out of town investment owners, and that these collective impacts set a precedent for future development but also impact to property values and generally be a detriment to the neighborhood. In considering the public comment staff notes that the proposal is within the accepted development density envisioned in the Comprehensive Plan and allowed by the zoning district. Staff has addressed the concerns that provided citation to the relevant approval criteria and finds that the proposal meets all the required approval criteria, and that none of the objections raised in the public comment offer a valid reason for denial of the application. Staff Decision AMC Title 18 Land Use regulates the subdivision of land to carry out the development pattern envisioned by the Comprehensive Plan and to encourage efficient use of land resources among other goals. When considering the decision to approve or deny an Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department — Staff Report] as Applicant: Suncrest Homes 1 Appellant: Chuck Smith December 13, 2022 - Page 6 of 12 application for land partition application staff consider the application materials against the relevant approval criteria in the AMC. Staff determined that the application, with the attached conditions, complied with applicable ordinances and met all standards and criteria for approval and as such Planning Action #T1-2022-00185 was approved. This appeal followed. Appeal Request As mentioned above, the proposed partition was approved administratively on October 20th, 2022 with a Notice of Decision mailed the same day. The 12 -day appeal period which extended through November 1" and on that same day a Notice of Intent to Appeal (NITA) was timely filed by Chuck Smith. Mr. Smith owns the property immediately adjacent to the south and submitted public comment in the proceeding below, as such he has standing to appeal. The request for appeal included the standard Land Use Appeal form which has spaces for up to three specific grounds for appeal and a citation for the relevant applicable criteria that it relates to. These spaces were left blank. The form continues and says, "on attached pages, list other grounds, in a manner similar to the above" (emphasis added). The following 19 pages of materials include what staff believes to be three specific grounds for appeal over two pages. The remainder of the appellant submittal includes other correspondence, photos, and drawings. Staff and the applicant understand that the specific appeal issues raised are: • AMC 18.5.3.040.B.2.e — Preliminary Plat submission requirements • AMC 18.5.3.050.G — Partition Plat Approval Criteria • AMC 18.4.6.080 — Public Facilities (Storm Drain) First assignment of error is cited at AMC 18.5.3.050.B.2.e which is part of the submission requirements and requires that the applicant provide "The Base Flood Elevation, Floodplain Corridor Elevation, and Floodplain Boundary, per the Ashland Floodplain Corridor Maps, as applicable;"(emphasis added). The appeal materials do not further develop this argument, but staff understands that the appeal issue is that these items were required and not part of the application materials. Staff finds that it is true that there is no BFE or floodplain information, however this is because the subject property is not in an identified flood zone, and such is not applicable. Staff understands the appellant in their 21d and 3rd assignments of error to be concerned primarily with storm water management based on the emphasis added in their appeal materials (at 3). Staff notes that no public dedications or utilities are required, and that there is an extant storm drain running along the north of the property to a catchment basin and then ultimately to a 15" storm drain. Public works and has reviewed the proposal and finds that there are no concerns regarding capacity. The applicant replies in part that "supplemental information submitted to stafffollowing the neighborhood meeting included self imposed conditions that would require both homes to have foundation drains systems that will be tied to the stormdrain system along Planning Action Appeal 2022-00017 / PA -T1-2022-00185 Ashland Planning Department —Staff Report/ as Applicant: Suncrest Homes I Appellant: Chuck Smith December 13, 2022 - Page 7 of 12 the northern property line or directly tied to weep holes in the curb along Hillview Drive. Either way, stormwater will be conveyed off site through an existing city facility and will therefore not create any new stormwater management issues." The appeal materials also include a list of 13 items (several that have sub lists) of concerns related to the proposal including character of the neighborhood, impact of development, etc. The applicant replies in their response brief as follows: Infill development in the City of Ashland is encouraged by both the Ashland Zoning Code as well as the Ashland Comprehensive Plan. The appellant contends that the proposed partition, which is a standards-based review without much subjectivity will permanently destroy the character of the neighborhood and that the number of houses could double if all lots took advantage ofpartitioning their lots. It's important to note that not all lots can be divided because of the location of existing dwellings, size or dimension of existing lots or parcels or the location of public infrastructure. Additionally, most houses in the neighborhood have a substantial value, unlike the dwelling on the subject property. Removal of the existing house in this situation not only removes a home that is in disrepair and unattractive, but it allows the parcel to be redeveloped in a manner that supports the goals and policies of Ashland's Comprehensive Plan. Redevelopment provides additionally housing opportunities and allows for the construction of single family detached dwellings that are compatible with the character of the neighborhood and constructed to building codes that address the stormwater concerns raised by the appellant. As detailed herein and noted by staff in the Findings and Orders, the application complies with all applicable criteria and standards of the Ashland Zoning Code either outright or with the imposition of conditions of approval. The criteria noted by the appellant has been addressed herein and either meets the standard or is not applicable. The appellant also raises issues that are not directly tied to relevant criteria. These issues are not addressed because the city land development code does not address issues such as increased crime or neighborhood opinion. Policy makers have determined the allowed uses in each zone, allowable densities and in some areas architectural design requirements. The proposed partition will allow for the subject property to be redeveloped at the city's desired density while still constructing single-family detached dwellings. [bold and underline in original] V. Procedural - Required Burden of Proof The approval criteria for a Land Partition are provided in AMC 18.5.3.050 which state that the approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met. The approval criteria for a Land Partition are 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. Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department - Staff Report/ as Applicant: Suncrest Homes /Appellant: Chuck Smith December 13, 2022 - Page 8 of 12 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. K. A partition plat containing one or more flag lots shall additionally meet the criteria in section 18.5.3.060. The Additional Flag Lot Partition Plat Criteria are detailed in AMC 18.5.3.060 as follows: A. The criteria of section 18.5.3.050 are met. B. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, must meet the minimum square footage requirements of the zoning district. C. Flag drives shall be in the same ownership as the flag lots served. Where two or more lots are served by the same flag drive, the flag drive shall be owned by one of the lots and an easement for access shall be granted to the other lot or lots. D. Except as provided in subsection 18.5.3.060.1-1, below, the flag drive serving a single flag lot shall have a minimum width of 15 feet and contain a 12 foot wide paved driving surface. For drives serving two flag lots, the flag drive shall be 20 feet wide, with a 15 foot wide driving surface Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department - Staff Report/ as Applicant: Suncrest Homes 1 Appellant: Chuck Smith December 13, 2022 - Page 9 of 12 to the back of the first lot, and a 12 foot wide driving surface to the rear lot. Drives shared by adjacent properties shall have a width of 20 feet, with a 15 foot paved driving surface. Width shall be increased on turns where necessary to ensure fire apparatus remain on a paved surface during travel. E. Curb cuts have been minimized, where possible, through the use of common driveways. No more than two flag lots are served by the flag drive. F. Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may be granted for flag drives for grades in excess of 15 percent but no greater than 18 percent for not more than 200 feet. Such variances shall be required to meet all of the criteria for approval in chapter 18.5.5 Variances. G. Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other public ways. H. Flag lots adjacent to an alley shall meet all of the requirements of this section, except that: 1. Vehicle access shall be from the alley only where required as a condition of approval. 2. No screening and paving requirements shall be required for the flagpole. 3. A four foot pedestrian path shall be installed within the flagpole and improved and maintained with either a concrete, asphalt, brick, or paver block surface connecting the street to the buildable area of the flag lot. 4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at the street shall be identified by the address of the flag lot clearly visible from the street on a four -inch by four -inch post that is 3'/Z feet high. The post shall be painted white with black numbers three inches high running vertically down the front of the post. For flagpoles serving two or more dwellings, the addresses of such dwellings shall be on a two foot by three foot white sign clearly visible from the street with three-inch black numbers. I. Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under- the Oregon Fire Code and subject to all requirements thereof. J. When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a turnaround (see Figure 18.4,6.040.6.5). The Staff Advisor, in coordination with the Fire Code Official, may extend the distance of the turnaround requirement up to a maximum of 250 feet in length as allowed by Oregon Fire Code access exemptions. K. Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles hacking out. L. There shall be no parking within ten feet of the centerline of the drive on either side of the flag drive entrance. M. Flag drives serving structures greater than 24 feet in height, as defined in part 18.6, shall provide a fire work area of 20 feet by 40 feet clear of vertical obstructions and within 50 feet of the structure. The fire work area requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed. N. Both sides of the flag drive have been screened with a sight -obscuring fence, wall or fire- resistant broadleaf evergreen sight -obscuring hedge to a height of from four to six feet, except in the front yard setback area where, starting five feet from the property line, the height shall be from 30 to 42 inches in the remaining setback area. Such fence or landscaping shall be placed to ensure fire apparatus access is not obstructed by the encroachment of mature landscaping. ©. The applicant has executed and filed with the Community Development Department an agreement between applicant and the City for paving and screening of the flag drive. Such an agreement shall specify the period within which the applicant, or agent for applicant, or contractor shall complete the paving to standards as specified by the Public Works Director and screening as required by this section, and providing that if applicant should fail to complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the applicant. An agreement shall also provide for the maintenance of the paving and screening pursuant to this section, and assurance ongoing maintenance. Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department - Staff Report/ as Applicant: Suncrest Homes I Appellant. Chuck Smith December 13, 2022 - Page 10 of 12 P. Flag lots shall be required to provide a useable yard area that has a minimal dimension of 20 feet wide by 20 feet deep. As used in this chapter, the term "useable yard area" means a private yard area which is unobstructed by a structure or automobile from the ground upward. V1. Conclusions and Recommendations Staff initially determined that the application with the attached conditions complied with applicable ordinances and met all standards and criteria for approval of a preliminary plat approval and as such Planning Action #TI -2022-00185 was approved. After staff approved the application a Notice of Decision (NOD) was mailed to all persons entitled to notice. Subsequent to the NOD adjacent property owner Chuck Smith filed a Notice of Intent to Appeal (NITA). Mr. Smith reside in the noticing area for the application and had previously submitted written comments to be considered during the public comment period and thus had standing to appeal. The Staff Report addresses items raised on appeal and staff believes that there is sufficient evidence in the record to demonstrate that all applicable approval standards have been met The applicants have submitted application materials to the Planning Department to demonstrate compliance with the applicable approval standards for the proposed partition as well as supplemental materials mentioned above and by their reference are incorporated as if set out in full. In staff's assessment the application, with the conditions recommended below, satisfies the applicable approval criteria. Staff recommends that the Planning Commission den the qppeal and u hold the original approval. Should the Commission choose to uphold the original approval as recommended, staff would recommend that the following conditions be attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified herein. 2) That any new address shall be assigned by City of Ashland Engineering Department. 3) That permits shall be obtained from the Ashland Public Works Department prior to any work in the public right of way, including but not limited to permits for driveway approaches, utilities or any necessary encroachments. 4) That a final 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 the following items shall be submitted for review and approval of the Ashland Planning Division prior to signature of the final survey. Planning Action Appeal 2022-00017 I PA -T1-2022-00185 Ashland Planning Department— Staff Report/ as Applicant: Suncrest Homes I Appellant: Chuck Smith December 13, 2022 - Page 11 of 12 a) That a demolition permit be applied for, and the existing house removed from the property in its entirety. b) That a final utility plan for the parcels shall be submitted for review and approval by the Planning, Engineering, Electric and Building Divisions prior to signature of the final survey plat. The utility plan shall include the location of connections to all public facilities including the locations of water lines and meter sizes, fire hydrants, sanitary sewer lines, storm drain lines and electric services. c) All easements for public and private utilities and access shall be indicated on the final survey plat as required by the Ashland Engineering Division. d) That the sanitary sewer laterals and water services including connection with meters at the street shall be installed for the new vacant lot prior to the signature of final survey plat. e) That the property owner shall sign in favor of local improvement districts for the future street improvements, including but not limited to park -row and sidewalks prior to signature of the final survey plat. The agreement shall be signed and recorded concurrently with the final survey plat. f) That a final survey plat shall be submitted within 12 months and approved by the City of Ashland within 18 months of this approval. Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department — Staff Reportl as Applicant: Suncrest Homes 1 Appellant: Chuck Smith December 13, 2022 - Page 12 of 12 AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On December 16, 2022 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 -APPEAL -2022- 00017, 897 Hillview Drive. -MichaeCSuCCivan Signature of Employee G:lcomm-de,ApWr inglPlanning AcbonsTM by SbeeAHlHillviewYHillview_8971Hi€lview_897_PA-APPEAL-000174NobcingWOD4Hillview_897_PA-APPEAL-2022-40017_NOD_Affidavit o(Maiiing.docx 1211W022 PA -APPEAL -2022-00017 CHARLIE HAMILTON 125 SCHOOL HOUSE RD TALENT, OR 97540 PA -APPEAL -2022-00017 KEITH KLEINEDLER 873 HILLVIEW DR ASHLAND, OR 97520 PA -APPEAL -2022-00017 PA -APPEAL -2022-00017 SUNCREST HOMES LLC CHUCK SMITH PO BOX 1313 895 HILLVIEW DR TALENT, OR 97540 ASHLAND, OR 97520 PA -APPEAL -2022-00017 897 Hillview Dr ZAC MOODY 12/16/22 NOD 4620 FERN VALLEY RD 5 MEDFORD, OR 97504 I VN,- fe,�Af' ° )i Planning Commission Speaker Request Form 1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to speak about. 2) Speak to the Planning Commission from the table podium microphone, 3) State your name and address for the record. 4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes, 5) If you present written materials, please give a copy to the Secretary for the record. 6) You may give written comments to the Secretary for the record if you do not wish to speak. 7) Speakers are solely responsible for the content, of their public statement. Name C ss (please: print) Address (no P.O. Box) Phone 2-1) ­I-Mj I 3_?EmV mootinn nato 17 11 -Z) Regular Meeting Agenda item nun ber\ ,/ j _ OR Topic for public forum (non agenda item) Landf Use Public Hearing For: Against: Challenge for Conflict of Interest or Bias If you are challenging a member (planning commissioner) with, a conflict of interest or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The Chair will address the written challenge with the member. Please be respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge when you testify during the normal order of proceedings. Written Comments/Challenge: The Public Meeting Law requires that all city meetings are open to the public. Oregon /Cm, does not alivays require that the public be permitted to speak. The Ashland Pl anning Connnission generally invites the public to speak oil agenda itenis and during public forum on non -agenda items unless fitne constraints limit public testimony. No person has an absolute right to speak or participate, in every phase o a proceeding. Please respect the order ofproceedingsfor public hearings and strictlyfillow the directions oj'the presiding offficer. Behavior or actions which are unreasonably loud or disruptive are disrespectfid, and inay constitute disorderly conduct. Offenders ivill be requested to leave the room. Comments and statements by speakers do not represent the opinion of the City Council, City Officers or ernployces or the City of Ashland. Planning, Commission Speaker Request Form 1) Complete this forum and return it to the Secretary prior to the discussion of the item you wish to speak about. 2) Speak to the Planning Commission from the table podium microphone. 3) State your name: and address for the record. 4) Limit Your COMMeDtS to the amount of time given to you by the Chair, usually 5 minutes. 5) If you present written materials, please give a copy to the Secretary for the record. 6) You may give written comments to the Secretary for the record if you do not wish to speak. 7)'Speakers are solely responsible for the content of their public statement. Name (please print) Address (no P.O. Box) Z"I" 191, Phone Email > .. TanifFbit's Meetinp Data ... ... .... Regular Meeting Agenda item number \tl OR Topic for public forum (tion agenda item) VV, Land Use Public Hearing For: Against: Challenge for Conflict of Interest or Bias If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk immediately, The Chair will address the written challenge with the member. Please be respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge when you testify during the normal order of proceedings. Written Comments/Challenge: The Public Meeting Lcm, requires that all city tneetings are open to the public. Oregon law does not always require that the public be perMitted to speak. 777eAshlaiidPIcini?ingCoi77inissiongenerally invites the public to speak on age, nda items and during public.foruna on non -agenda itents unless litne constraints linfit public testimony. No person has an absolute right to speak or participate inn event' phase ofaproceeding. Please respect the order ofproceedingsfor public hearings and strictly folloH, the directions of the presiding officer, Behavior or actions which are unreasonably loud or disruptive are disrespectful„ and inay constitute disorderly conduct. Qftenders will be requested to leave the room. Comments and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland. � h - exs,,, ( Aevl 1%, Planning Commission Speaker Request Form 1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to speak about. 2) Speak to the Planning Commission from the table podium microphone. 3) State your name and address for the record. 4) Limit your comments to the aniount of time given to you by the Chair, usually 5 minutes. 5) If you present written materials, please give a copy to the Secretary for the record. 6) You may give written comments to the Secretary for the record if you do not wish to speak, 7) Speakers are solely responsible for the content of their public statement., Name -z—CuL mc*,Lk (please print) Address (no P.O. Bo phone Email, Toniaht's Meetina Date Agenda item number V I OR Regular Meeting Topic for public forum (non agenda item) Land Use Public Hearing For: Against: Challenge for Conflict of Interest or Bias If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk immediately'. The Chair will address the written challenge with the mernber. Please be respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge when you testify during the normal order of proceedings. Written Comments/Challenge: The Public Meeting Law requires that all city meetings are open, to the public. Oregon law does not alm,qys require that the public be permitted to speak. 77ieAshlatidPlai7iiii?gCoiiii)-iissioligenerally invites the public to speak on agenda itenis and during public forum on non -agenda items unless tame constrain itslityiitpuhlictestiiii.oi7)r. No person has an absolute right to speak or participate in enema phase ofproceedin& Please respect the order ofproceedings for public hearings and strictly follow the directions ofthe presiding officer, Behmfor or actions which are unreasonably loud or disruptive are disrespec(6d, and inoy constitute disorderly conduct. Offenders will be requested to leave the rooni. Cominents and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland. Planning Commission Speaker Request Form 1) Complete this fann and return it to the Secretary prior to the discussion of the item you wish to speak about. 2) Speak to the Planning Commission from the table podium microphone. 3) State your name and address for the record. 4) Limit your comments to the amount of time given to you by the Chair, usually 5 Minutes. 5) If you present written materials, please give a copy to the Secretary for the record. 6) You may give written comments to the Secretary for the record if you do not wish to speak. 7) Speakers are solely responsible for the content of their public statement. Name (please print) Address (no P.O. Box) . ..... . Phone Emai Ton iphtlq Meetimp Date 17-//3J2 Agenda item number,�-( I OR ......... . . . --J: Regular Meeting Topic for public forum (non agenda item). Land Use Public Hearing For: Against: Challenge for Conflict of Interest or Bias If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The Chair will address the written challenge with the: member. Please be respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge when you testify during the normal order of proceedings, 'Written Comments/Challenge: The Public Meeting Law requires that all city meetings are open to the public, Oregon law does not always require that the public he permitted to speak, 7're AshlaiidPlaniiii7gCotiiiiiisvioi? generally invites the public to speak on agenda items and during public forum on non -agenda items unless time consti-aiiiislimit publiciestinioty. No person has an absolute right to speak or participate in every phase ofaproceeding, Please respect the order ofproceedings,forpublic hearings and strictly follow the directions of the presiding qf ,ficer. Behavior or actions which are unreasonably loud or disruptive are disrespecful, and may constitute disorderly conduct. Offenders will be requested to leave the room. Comments and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland, 0 Ranning Department, 51 Winburn Way, Ashland, Oregon 97520 F 1 T Y 541-488-5305 Fax-, 541-552-2050 wwwashland.orms, TTY: 1-800-735-2900 -ASHLANIW NOTICE OF PUBLIC HEARING PLANNING ACTION: PA -APPEAL -2022-00015 Appealing PA -T1-2022-00185 SUBJECT PROPERTY: 897 Hillview Drive APPLICANT & OWNER: Suncrest Homes, LLC DESCRIPTION: An appeal of the administrative approval of planning action #PA -T1-2022-00185, An approval for a two -lot partition of a 0,36 -acre lot. The tentative partition plat submitted with the application indicates that the two resultant parcels will be 0.18 and 0.17 acres in size. The application includes detailed findings explaining how the proposal meets the relevant criteria. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7,5; MAP: 39 1 E 15 AC; TAX LOT: 900 giffiq 9 0 0 902 10 j 001 u ject Property 89, 111view Dr�II - 1-2022-00185 925 922pll _j 12111, 904 897 it %, -.11 1 132 922 931 042 950 elve 1 940 943 f 960 N 955 1755 945 %958 //Efl 964 r 1:591 ncPequag etpd.�Pp"y i, W" ­A" 'Wy "I C I T V OF so 26 0 50 14M 150 2DO M W- m -.Ay - ASHLAND sY.ddblhldlp"nd"Wyfl,W ­Malt , oudk. k.fbl 0 15 31 650 90 120 Feet Feet 1:591 f'LANNING: COMWSSION HEARING: Tuesday, Decioni-Oer 13, 2022 at 71,00 p, m. at Ihe Ashland Civic Cento#(.""ity (',ouncil Charnbets, 1175 East Main Street PLANNING COMMISSION HEARING Notice is hereby given that the Ashland Planning Commission will hold a public hearing on the above described planning action on the meeting date and time shown above. The meeting will be held at the Ashland Civic Center/Ashland City Council Chambers at 1175 East Main Street in Ashland, Oregon. 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.edL1 and selecting 'RVTV Prime.' The ordinance criteria applicable to this planning action are 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. A copy of the application, including all documents, evidence and applicable criteria relied upon by the applicant is available on-line at p s�l. Copies of application materials will be provided at reasonable cost, if requested. A copy of the staff report will be available on-line at _n_tLp_.11 masIhiand.U'A]S/PCI, gL seven days prior to the Planning Commission hearing. ---------__-_ Alternative arrangements for reviewing the application can be made by contacting (541) 488-5305 orplanning,@L aiLd.or.gf�. qahL During the Public Hearing, the Planning Comrnission Chairperson will allow testimony from the applicant and those in attendance concerning this, request. The Chair shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so requests before the conclusion of the hearing the record shall remain open for at least seven days after the hearing. Those wishing: to submit written comments can do so by sending an e-mail to" �,C: ubfic-testimony @��Ishland.or.us with the subject line "December 13 PC Hearing Testimony" by 10:00 a,,m. on Monday, December 12, 2022, If the applicant wishes to provide a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-DUblic-testir-rionyod as 'IL imrnmt,OTAS with the subject line "December 13 PC Hearing Testimony" by 10:00 a.m. on Tuesday, December 13, 2022. Written testimony received by these deadlines will be available for- Planning Commissioners to review before the heating and will be included in the meeting minutes. Oral testimony will also be taken via Zoom during the in-person public hearing. If you wish to provide oral testimony via Zoom during the hearing, send an email to EC-, lo�[tq:t�gs-((Dqqh1 tirnoijy aLid.orus. by 10:00 a.m. on Monday, December 12, 2022. In order to provide testimony pl,L _ _ _ at the public hearing,: please provide the following information: 1) make the subject line of the email "December 13 Speaker Request", 2) include Your name, 3) the agenda item on which you wish to speak on, 4) specify if you will be participating by cornputer or telephone, and 5) the name you will use if participating by Computer or the telephone number you will use if participating by telephone. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at 541-488-6002 (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 1). If you have questions or comments concerning this request, please feel free to contact Associate Planner Aaron Anderson, the staff planner assigned to this application, at 541-552-2040 or e-mail: aat-on.,qriclei-5o�i�asbia,�lcI or. LIS ........... . PRELIMINARY' ARTITION PLAT 1&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 wile 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 iots 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. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street, Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development,, ADDITIONAL PRELIMINARY FLAG LOT PARTITION PLAT CRITERIA 1 M.3.060 The approval authority shall approve a preliminary plat application for a flag lot partition only where all of the following criteria are met. A,. The criteria of section 18 5.3,050, are met. B. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, Must meet the minimum square footage requirements of the zoning district, C. Flag drives shall be in the same ownership as the flag lots served. Where two or more lots are served by the same flag drive, the flag drive shall be owned by one of the lots and an easement for access shall be granted to the other lot or lots. D. Except as provided in subsection 18.5.3,060.1-1, below, the flag drive serving a single flag lot shall have a minimum width of 15 feet and contain a 12 foot wide paved driving surface. For drives serving two flag lots, the flag drive shall be 20 feet wide, with a 15 foot wide driving surface to the back of the first lot, and a 12 foot wide driving surface to the rear lot. Drives shared by adjacent properties shall have a width of 20 feet, with a 15 foot paved driving surface, Width shall be increased on turns where necessary to ensure fire apparatus remain on a paved surface during travel, E. Curb cuts have been minimized, where possible, through the use of common driveways, No more than two flag lots are served by the flag drive. F. Flag drive grades shall not exceed a maximum grade of 15 percent, Variances may be granted for flag drives for grades in excess of 15 percent but no greater than 18 percent for not more than 200 feet. Such variances shall be required to meet all of the criteria for approval in chapter 18.5,5 Variances, G. Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other public ways. H. Flag lots adjacent to an alley shall meet all of the requirements of this section, except that: 1. Vehicle access shall be from the alley only where required as a condition of approval. 2. No screening and paving requirements shall be required for the flagpole, 3. A four foot pedestrian path shall be installed within the flagpole and improved and maintained with either a concrete, asphalt, brick, or paver block surface connecting the street to the buildable area of the flag lot. 4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at the street shall be identified by the address of the flag lot clearly visible from the street on a four -inch by four -inch post that is 3% feet high. The post shall be painted white with black numbers three inches high running vertically down the front of the post. For flagpoles serving two or more dwellings, the addresses of such dwellings shall be on a two foot by three foot white sign clearly visible from the street with three-inch black numbers. 1. Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads Linder the Oregon Fire Code and subject to all requirements, thereof. J. When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a turnaround (see Figure 18.4,6,04,10.G.5), The Staff Adviser, in coordination with the Fire Code Official, may extend the distance of the turnaround requirement up to a maximum of 250 feet in length as allowed by Oregon Fire Code access exemptions, K. Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles backing out. L There shall be no parking within ten feet of the centerline of the drive on either side of the flag drive entrance. W Flag drives serving structures greater than 24 feet in height, as defined in part 18,6, shall provide a fire work area of 20 feet by 40 feet clear of vertical obstructions and within 50 feet of the structure. The fire work area requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed. N. Both sides of the flag drive have been screened with a site -obscuring fence, wall or fire resistant broadleaf evergreen site- obscuhng hedge to a height of from four to six feet, except in the front yard setback area where, starting five feet from the property line, the height shall be from 30 to 42 inches in the remaining setback area, Such fence or landscaping shall be placed to ensure fire apparatus access is not obstructed by the encroachment of mature landscaping. O. The applicant has executed and filed with the Community Development Department an agreement between applicant and the City for paving and screening of the flag drive. Such an agreement shall specify the period within which, the applicant, or agent for applicant, or contractor shall complete the paving to standards as, specified by the Public Works Director and screening as required by this section, and providing that if applicant should fail to complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the applicant. An agreement shall also provide for the maintenance of the paving and screening pursuant to this section,, and assurance ongoing maintenance, P. Flag lots shall be required to provide a useable yard area that has a minimal dimension of 20 feet wide by 20 feet deep. As used in this chapter, the term "useable yard area" means a private yard area which is unobstructed by a structure or automobile from the ground upward. e mr: AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On November 30, 2022 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 -APPEAL -2022- 00017, 897 Hillview Drive. 'Alichad suliivan Signature of Employee G:loomm-deolanningTianning AGdonslPAs by SteeetHlHiflvievANillview_887Wiltview,_897_PA-APPEAL-0001-A lo5cinglHillview_897_PA-APPEAL-2022-00017_NOC Af8davilof M4&ng.docx 11!30!2022 PA -APPEAL -2022-00017 391 E15AD2304 APPLEGATE RORY 940 HILLVIEW DR ASHLAND, OR 97520 PA -APPEAL -2022-00017 CANOPY LLC PO BOX 3511 ASHLAND, OR 97520 PA -APPEAL -2022-00017 391 E15AD2400 COOK RICHARD G TRUSTEE ET AL PO BOX 692 ASHLAND, OR 97520 PA -APPEAL -2022-00017 391E15AC1400 FREY ROBERT ET AL 964 HARMONY LN ASHLAND, OR 97520 PA -APPEAL -2022-00017 391 E15AD5000 JERALD AND LESLIE BRYAN REVOC 931 BESWICK WAY ASHLAND, OR 97520 PA -APPEAL -2022-00017 391 E15AC601 KLEINEDLER KEITH M 873 HILLVIEW DR ASHLAND, OR 97520 PA -APPEAL -2022-00017 LJ FRIAR & ASSOCIATES, PC PO BOX 1947 PHOENIX, OR 97535 PA -APPEAL -2022-00017 391 El5AC1300 MOLAHAN KENNETH J TRUSTEE ET PO BOX 183 MEDFORD, OR 97501 PA -APPEAL -2022-00017 391 El5AC1800 SELF CAROLYN F TRUSTEE ET AL 932 HARMONY LN ASHLAND, OR 97520 PA -APPEAL -2022-00017 391E15AC2000 BARNES JOHN W JRIASHA N 910 HARMONY LN ASHLAND, OR 97520 PA -APPEAL -2022-00017 CHARLIE HAMILTON 125 SCHOOL HOUSE RD TALENT, OR 97540 PA -APPEAL -2022-00017 391 El5AC2200 COSTANTINO JOANNE M REV TRUST 892 HARMONY LN ASHLAND, OR 97520 PA -APPEAL -2022-00017 391E15AC900 HAMILTON CHARLES D ET AL PO BOX 1313 TALENT, OR 97540 PA -APPEAL -2022-00017 391 E15AD2302 JOHNSON JERRY TRUSTEE ET AL 958 HILLVIEW DR ASHLAND, OR 97520 PA -APPEAL -2022-00017 391 El5AC2100 KNAPP MICHAEL EIPATRICIA A 902 HARMONY LN ASHLAND, OR 97520 PA -APPEAL -2022-00017 391 E 15AC700 MALONEY SHEA 893 HILLVIEW DR ASHLAND, OR 97520 PA -APPEAL -2022-00017 PACIFIC GEOGRAPHIC CONSULTANTS LLC 4620 FERN VALLEY RD MEDFORD, OR 97504 PA -APPEAL -2022-00017 391 E15AC1000 SELLMAN ROBERT WISELLMAN CHRI 899 HILLVIEW DR ASHLAND, OR 97520 PA -APPEAL -2022-00017 391E15AC1900 BROWN RYLAND A ET AL 922 HARMONY LN ASHLAND, OR 97520 PA -APPEAL -2022-00017 391E15AC1700 COCHRAN BEN ET AL 942 HARMONY LN ASHLAND, OR 97520 PA -APPEAL -2022-00017 391E15AC1200 DOYLE RONALD 945 HILLVIEW DR ASHLAND, OR 97520 PA -APPEAL -2022-00017 391E15AD2303 HILLENGA MARE( A TRUSTEE ET AL 1480 CREEKVIEW LN SANTA CRUZ, CA 95062 PA -APPEAL -2022-00017 JUNE MATHER juneinjanuary@hotmail,com NO ADDRESS PROVIDED PA -APPEAL -2022-00017 391E15AD5100 LIGHTHART ROGER 0 TRUSTEE ET 943 BESWICK WAY ASHLAND, OR 97520 PA -APPEAL -2022-00017 391E15AC1600 MAXWELL JEAN A TRUSTEE ET AL 950 HARMONY LN ASHLAND, OR 97520 PA -APPEAL -2022-00017 391 E15AD2308 SCHAEFF LINDA M TRUSTEE ET AL 904 HILLVIEW DR ASHLAND, OR 97520 PA -APPEAL -2022-00017 391 E15AC800 SMITH JON CHARLES PO BOX 802 ASHLAND, OR 97520 PA -APPEAL -2022-00017 391E15AC1500 PA -APPEAL -2022-00017 PA -APPEAL -2022-00017 391E15AD2309 SPENCER LISA C ET AL SUNCREST DOMES LLC TAYLOR ROBERT KICRISPINO-TAYL 960 HARMONY LN PO BOX 1313 4041 SE GRANT CT ASHLAND, OR 97520 TALENT, OR 97540 PORTLAND, OR 97214 PA -APPEAL -2022-00017 391E15AD2300 TRACHTENBERG NEVA LBOTA 900 HILLVIEW DR ASHLAND, OR 97520 897 Hillview NOC 11/30/22 32 PA -APPEAL -2022-00017 WAYNE & ELAINE HAMLIN 1039 HILLVIEW ASHLAND, OR 97520 PA -APPEAL -2022-00017 391E15AC1100 WHITE ,TAMES R TRUSTEE ET AL 939 HILLVIEW DR ASHLAND, OR 97520 ASHLAND PLANNING DEPARTMENT STAFF REPORT December 13, 2022 PLANNING ACTION: PA -APPEAL -2022-00017 appealing PA -T1-2022-00185 OWNER/APPLICANT: Suncrest Homes LLC APPELLANT: Chuck Smith LOCATION: 897 h-lillview Drive 39 -IE -1.5 -AC Tax Lot 900 ZONE DESIGNATION: R-1-7.5 COMP. PLAN DESIGNATION: Single Family Residential ORDINANCE REFERENCES: 18.2.5 Standards for Residential Zones 18.5.1 General Review Procedures 18.5.3 Land Divisions and Property Line Adjustments 18.6.1 Definitions SUBMITTAL DATE: May 13, 2022 DEEMED COMPLETE DATE: May 31, 2022 STAFF APPROVAL DATE: October 20, 2022 APPEALED: November 1, 2022 120 -DAY DEADLINE: waived by applicant +90 days. 120+90 DEADLINE: December 30, 2022 REQUEST: An appeal of the administrative approval of Planning Action #PA -TI -2022- 00185, a two -parcel partition of a 0.36 -acre property located at 897 Hillview Drive. I. Relevant Facts The application that is being appealed was submitted on May 13th 2022, was deemed complete on May 31" 2022, and was approved on October 20th, 2022. A Notice of Decision mailed the same day. The deadline to appeal was November 15t and on that same day a Notice of Intent to Appeal (NITA) was timely filed by Chuck Smith. Property Description The subject property and surrounding neighborhood is located in the R-1-7.5 zoning district, a Single Family Residential zone with a minimum lot size of 7,500 square feet. The property is on the west side of Hillview Drive between Siskiyou Boulevard and Ross Lane. The property also abuts an alley on its western side which terminates at the northern edge of the subject property. The property measures 82' x 190' which make it slightly over twice the minimum for the zone at 15,580 square feet. The subject property contains an existing single -story, 1,228 square foot residence built in 1947 according to Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department - Staff Deport/ as Applicant: Suncrest Homes I Appellant: Chuck Smith December 13, 2022 - Page 1 of 12 IT. the Jackson County Tax Assessor's records. The house is in poor condition and will be demolished to allow for the partition to occur. Proposal The application is a request for a land partition to divide the property at 897 Hillview Drive into two separate parcels. The applicant has proposed an eight -foot flagpole as allowed at AMC 18.5.3.060.H.4 when adjacent to an alley. The applicant has proposed that Parcel 1 measures 103' x 74' for a size of 7,622 square feet, and Parcel 2's body measures 87' x 82,' with an eight -foot flagpole extending to the street for a total size of 7,958 square feet. Next to the flagpole is a proposed 2' access easement giving Parcel 2 ten feet of functional access. Shown below is the proposed parcel configuration. Staff review and approval of PA -T1-2022-00185 As mentioned at the outset the proposal is a request for a land partition to create two lots. The application includes a complete inventory of 39 trees that are greater than 6 inches Diameter at Breast Height (DBH). The application also includes a proposed `building envelope' and tree protection plan however it is not supported by a proposed residential design. Staff feels that rather than approve the requested removals that instead the inventory and recommendations should be considered at the time of future development. Staff carefully considered the proposal and found that it meets all the relevant approval criteria as explained further below. As staff understands the proposal, the existing driveway on the south side of the property will be retained and improved to provide vehicle access to the rear property as well. The drive will still be able to provide the required pedestrian connection while also providing secondary vehicle access to the rear lot. Approval Criteria The approval criteria for a preliminary partition plat are in Ashland Municipal Code (AMC) 18.5.3.050. The first two criteria of approval for a partition are that "The future use for urban purposes of the remainder of the tract will not be impeded." and that "The development Planning Action Appeal 2022-00017/ PA -T1-2022-00185 Ashland Planning Department— Staff Reportl as Applicant: Suncrest Homes /Appellant: Chuck Smith December 13, 2022 - Page 2 of 12 N8s'4717"Y! 190.00 411e 20 221•L. ?3 271 21. x4 i w 10 { 1026 --- PARCEL 1 7922 54 iT r c'fnf! Ps � 3 a xzn vs SxI a PARCEL 23 7958 90 £T ggg "' Ip I a HOVSE TO BE I REMOVED s tY 10 ——N08'47"17"W 103.00--- 4.I zvd y3� .� 89'47'17"W 190.00 Staff review and approval of PA -T1-2022-00185 As mentioned at the outset the proposal is a request for a land partition to create two lots. The application includes a complete inventory of 39 trees that are greater than 6 inches Diameter at Breast Height (DBH). The application also includes a proposed `building envelope' and tree protection plan however it is not supported by a proposed residential design. Staff feels that rather than approve the requested removals that instead the inventory and recommendations should be considered at the time of future development. Staff carefully considered the proposal and found that it meets all the relevant approval criteria as explained further below. As staff understands the proposal, the existing driveway on the south side of the property will be retained and improved to provide vehicle access to the rear property as well. The drive will still be able to provide the required pedestrian connection while also providing secondary vehicle access to the rear lot. Approval Criteria The approval criteria for a preliminary partition plat are in Ashland Municipal Code (AMC) 18.5.3.050. The first two criteria of approval for a partition are that "The future use for urban purposes of the remainder of the tract will not be impeded." and that "The development Planning Action Appeal 2022-00017/ PA -T1-2022-00185 Ashland Planning Department— Staff Reportl as Applicant: Suncrest Homes /Appellant: Chuck Smith December 13, 2022 - Page 2 of 12 of the remainder of any adjoining land or access thereto will not be impeded." Staff finds that the proposal for the two -lot partition is the maximum density allowed and that there is no remaining development potential and that all adjacent properties are developed meeting these standards. The third criteria of approval for a partition are that "The partition plan confonns to applicable City -adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area." Staff fords that there are no city adopted neighborhood or district plans that affect this property and that there are no previous land use approvals that affect this property. The fourth criteria of approval for a partition are that "tract of land has not been partitioned for 12 months. The applicants assert, and after examining the Jackson County Survey records staff concurs that the tract of land has not been partitioned for twelve months meeting this standard. The fifth criteria of approval for a partition are that "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). Most development standards relate to the future construction of new homes with regards to setbacks, solar standards and lot coverage. Each of these will be evaluated in concert with the review of the future building permits. Staff finds that the proposed lots do conform to the dimensional requirements of the base zone and further notes that all future building permits will be required to demonstrate compliance will all standards of the Land Use Ordinance for site design review (including building placement, orientation, and design.). The sixth criteria of approval for a partition are that "Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design..." Staff notes that AMC 18.4.3.080.C.5 provides that "Where a property has alley access, vehicle access shall be taken from the alley..." Staff finds that the application demonstrates that vehicular access can be provided from the alley and the site plan demonstrates area for two parked cars which will be required to be improved with a gravel at a minimum. Staff notes that the applicant intends to improve the existing driveway to a width of ten -feet and provide proposed parcel 2 with a two -foot access easement adjacent to the eight -foot flagpole. A conceptual layout of the driveway and home development was submitted with supplemental materials is shown at right. Staff finds that this vehicular access is in addition to the alley access. Staff further notes that it also is proposed to serve parcel 1 as well and that the curb cut is existing. Staff finds that this is in conformance with AMC 18.4.3.080.c.4 which provides for "Shared Use of Driveways and Curb Cuts." Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department — Staff Report/ as Applicant: Suncrest Homes /Appellant: Chuck Smith December 13, 2022 - Page 3 of 12 The seventh criteria of approval for a partition are 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 adj acent lands. The preliminary plat shall identify all proposed public improvements and dedications." Staff finds that the standards provided at AMC 18.4.6.040,C.I only require a public street dedication when serving four or more lots. Staff finds that utilities are available to each of the proposed lots including water, sewer, and all franchise utilities. The eighth criteria of approval for a partition include standards for situations where there are unpaved streets. Staff notes that Hillview Drive has a 40 -foot public right of way and is paved with curb and gutter. Staff notes that while the Land Use Ordinance prescribes improvement standards for alleys historically alleys have not been required to be improved unless there was a commercial use, this is because of the need for both a nexus to the improvement as well as a rough proportionality (Nolan/Dolan tests). Staff further notes AMC 18.5.3.050.H.2 allows the Public Works Director to permit a land partition with access to an unpaved street subject to certain provisions including waiving the right to remonstrate with respect to the formation of an LID. A conditional of approval will require that the property owner sign in favor of an LID for such improvements. Staff finds that with the forgoing this approval criterion is satisfied. The ninth criteria of approval for a partition relates to situations where there is an alley adjacent to the partition. As mentioned above the applicant has shown the vehicle access and parking will be provided off the alley. Staff notes that this satisfies the requirements of the land use ordinance. The tenth criteria of approval for a partition is regarding compliance with any required state or federal permits. Staff finds that there are no known required state or federal permits satisfying this approval criterion. Finally, the eleventh criteria of approval for a partition invokes section AMC 18.5.3.060 which is "additional preliminary flag lot partition plat criteria" which contains a total of eleven additional approval criteria. These approval criteria address standards for vehicle access over proposed flag drives and provides options when a lot is adjacent to an alley. The section dealing with alleys is subpart `H' which provides for the eight -foot flagpole option when vehicle access is provided off the alley as it is in this case. The section requires that the flagpole be improved with a pedestrian access at least four feet in width. Staff finds that the proposed alternative vehicle access which will be improved to a width of ten feet meet this standard and find that this approval criterion is met. 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. In accordance with AMC 18.5.1.050, the Type I procedure for planning applications, allows a 14 -day period for the submission of written comments, starting from the date of mailing. Subsequent to the mailing of a Notice of Complete application seventeen written comments about the request were Planning Action Appeal 2022-000171 PA -1'1-2022-00185 Ashland Planning Department — Staff Report/ as Applicant: Suncrost Homes 1 Appellant: Chuck Smith December 13, 2022 - Page 4 of 12 received expressing concerns about the development, and by their reference are incorporated herein. These comments ranged from brief objections to much longer written responses. Aside from concerns regarding increased density and neighborhood character many of the complaints centered around a concern about increased 'impact on the unimproved alley, despite the fact that the applicant's intention is to minimize impact on the alley by providing secondary vehicular access across the front parcel. One of the public comments that was received provided citations regarding concerns raised the issue that the second of the eleven criterion under the eleventh criteria of approval for a partition provides that "For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, must meet the minimum square footage requirements of the zoning district." Staff notes that the required drive area is adjacent to the alley as mentioned above, and that because the alley option was used in this context there is no `flag drive area,' staff further notes that while there is a proposed casement for a total access width of 10' for vehicle access it is secondary and in addition to the alley vehicle access. Another concern raised had to do with compliance with AMC 18.2.4.010 which states: "Each lot shall abut a public street other than an alley for a width of not less than 40 feet; except, where a lot is art of an approved flag partition or abuts a cul-de-sac vehicle turn. -around area, the minimum width is 25 feet." Staff would note that the construction of this provision provides that a lot shall have 40' of frontage along a street, or 25' feet in the case of a cul-de-sac, and then exempts this provision from a flag partition. Additionally, the LUO provides a definition for street which includes that an alley is a type of street*. The letter goes on to raised concerns about both a usable yard area and parking stating that the `proposed building envelopes appear to preclude meeting the required yard areas.' Staff notes that the preliminary plat shows the required building setbacks, and the parking required off the alley as required, so this is not the area that the proposed building will occupy but the maximum area any part of the building would be able to be located. When building permits are reviewed and approved, they will be required to demonstrate that the yard area, and parking area are met in addition to all the applicable base standards of the zone including lot coverage, and solar setbacks. An additional concern was about improvements and impacts on the alley. As mentioned above the city has historically not required improvements to alleys for residential development. The applicant has demonstrated proposed parcel 2 is served by the alley, and as shown above is also including additional paved vehicle access over the eight -foot flagpole. Following the conclusion of the public comment period the applicant requested a waiver to the local 45 -day timeline as well as the 120 -day rule. The reason for these extensions were at the applicants request to address neighborhood concerns. The applicant held a ' Street. A public right-of-way for roadway, sidewalk, and utility installation including the terms road, highway, land, place, avenue, alley, or other similar designations Planning Action Appeal 2022-00017 I PA -T1-2022-00185 Ashland Planning Department— Staff Report/ as Applicant: Suncrest Homes 1 Appellant: Chuck Smith December 13, 2022 - Page 5 of 12 neighborhood meeting on September 21, 2022. The applicant also submitted supplemental materials in the form: a single page letter submitted following a neighborhood meeting, and a handout advertising the public meeting; That handout included a conceptual layout of how the lots are proposed to be developed included above. The letter included four specific proposals that intended to alleviate concerns of neighborhood property owners. Those items were: 1) Parcel #2, is not allowed to use the alley for its primary access. Parcel 42 shall have its primary access off of Hillview, the house shall be oriented towards Hillview and the garage shall be accessed off of Hillview. 2) No construction vehicles shall use the alley at the rear of the property during the construction of either parcel #1 or Parcel Q. 3) Both homes on parcel #1 & 42 shall a foundation drain systems, each will be tied into the storm drain system that runs along the North property line. If for any reason these lines can't be tied into said storm drain, they shall be run out to the street via a weep hole. 4) All roof drains and landscape drains are required to be tied into the storm drain system that runs along the North property line. If for any reason these lines can't be tied into said storm: drain, they shall be run out to the street via a weep hole. Due to the length of time that elapsed from the close of the public comment period Staff decided to re -notice the application for an additional period of public comment. During this second public comment period four additional comments were received, and by their reference are incorporated herein. Each of these four letters varied in length from a brief paragraph summarizing their concerns, to a single page letter listing seven items, to a three-page letter itemizing 21 specific concerns. Generally, the concerns relate to interconnected impacts regarding to new development, specifically: traffic generation, character of the neighborhood, density, and speculation real estate I out of town investment owners, and that these collective impacts set a precedent for future development but also impact to property values and generally be a detriment to the neighborhood. In considering the public comment staff notes that the proposal is within the accepted development density envisioned in the Comprehensive Plan and allowed by the zoning district. Staff has addressed the concerns that provided citation to the relevant approval criteria and finds that the proposal meets all the required approval criteria, and that none of the objections raised in the public comment offer a valid reason for denial of the application. Staff Decision AMC Title 18 Land Use regulates the subdivision of land to carry out the development pattern envisioned by the Comprehensive Plan and to encourage efficient use of land resources among other goals. When considering the decision to approve or deny an Planning Action Appeal 2022-00017 / PA -T1-2022-00185 Ashland Planning Department— Staff Report/ as Applicant: Suncrest Homes ! Appellant: Chuck Smith December 13, 2022 - Page 6 of 12 application for land partition application staff consider the application materials against the relevant approval criteria in the AMC. Staff determined that the application, with the attached conditions, complied with applicable ordinances and met all standards and criteria for approval and as such Planning Action #T1-2022-00185 was approved. This appeal followed. Appeal Request As mentioned above, the proposed partition was approved administratively on October 20"', 2022 with a Notice of Decision mailed the same day. The 12 -day appeal period which extended through November 1" and on that same day a Notice of Intent to Appeal (NITA) was timely filed by Chuck Smith. Mr. Smith owns the property immediately adjacent to the south and submitted public comment in the proceeding below, as such he has standing to appeal. The request for appeal included the standard Land Use Appeal f6rm which has spaces for up to three specific grounds for appeal and a citation for the relevant applicable criteria that it relates to. These spaces were left blank. The form continues and says, "on attached pages, list other grounds, in a manner similar to the above" (emphasis added). The following 19 pages of materials include what staff believes to be three specific grounds for appeal over two pages. The remainder of the appellant submittal includes other correspondence, photos, and drawings. Staff and the applicant understand that the specific appeal issues raised are: AMC 18.5.3.040.B.2.e — Preliminary Plat submission requirements • AMC 18.5.3.050.G — Partition Plat Approval Criteria • AMC 18.4.6.080 -- Public Facilities (Storm Drain) First assignment of error is cited at AMC 18.5.3.050.B.2.e which is part of the submission requirements and requires that the applicant provide "The Base Flood Elevation, Floodplain Corridor Elevation, and Floodplain Boundary, per the Ashland Floodplain Corridor Maps, as applicable; "(emphasis added). The appeal materials do not further develop this argument, but staff understands that the appeal issue is that these items were required and not part of the application materials. Staff finds that it is true that there is no BFE or floodplain information, however this is because the subject property is not in an identified flood zone, and such is not applicable. Staff understands the appellant in their 2nd and 3`d assignments of error to be concerned primarily with storm water management based on the emphasis added in their appeal materials (at 3). Staff notes that no public dedications or utilities are required, and that there is an extant storm drain running along the north of the property to a catchment basin and then ultimately to a 15" storm drain. Public works and has reviewed the proposal and finds that there are no concerns regarding capacity. The applicant replies in part that "supplemental information submitted to stafffollowing the neighborhood meeting included self-imposed conditions that would require both homes to have foundation drains systems that will be tied to the stormdrain system along Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department— Staff Report/ as Applicant: Suncrest Homes /Appellant: Chuck Smith December 13, 2022 - Page 7 of 12 the northern property line or directly tied to weep holes in the curb along Hillview Drive. Either way, stormwater will be conveyed off site through an existing city facility and will therefore not create any new stormwater management issues." The appeal materials also include a list of 13 items (several that have sub lists) of concerns related to the proposal including character of the neighborhood, impact of development, etc. The applicant replies in their response brief as follows: Infill development in the City of Ashland is encouraged by both the Ashland Zoning Code as well as the Ashland Comprehensive Plan. The appellant contends that the proposed partition, which is a standards-based review without much subjectivity will permanently destroy the character of the neighborhood and that the number of houses could double if all lots took advantage ofpartitioning their lots. It's important to note that not all lots can be divided because of the location of existing dwellings, size or dimension of existing lots or parcels or the location of public infrastructure, Additionally, most houses in the neighborhood have a substantial value, unlike the dwelling on the subject property. Removal of the existing house in this situation not only removes a home that is in disrepair and unattractive, but it allows the parcel to be redeveloped in a manner that supports the goals and policies of Ashland's Comprehensive Plan. Redevelopment provides additionally housing opportunities and allows for the construction ofsingle family detached dwellings that are compatible with the character of the neighborhood and constructed to building codes that address the stormwater concerns raised by the appellant. As detailed herein and noted by staff in the Findings and Orders, the application complies with all applicable criteria and standards of the Ashland Zoning Code either outright or with the imposition of conditions of approval. The criteria noted by the appellant has been addressed herein and either meets the standard or is not applicable. The appellant also raises issues that are not directly tied to relevant criteria. These issues are not addressed because the city land development code does not address issues such as increased crime or neighborhood opinion. Policy makers have determined the allowed uses in each zone, allowable densities and in some areas architectural design requirements. The proposed partition will allow for the subject property to be redeveloped at the city's desired density while still constructing single-family detached dwellings. [bold and underline in original] V. Procedural - Required Burden of Proof The approval criteria for a Land Partition are provided in AMC 18.5.3.050 which state that the approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met. The approval criteria for a Land Partition are 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. .......... . Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department - Staff Report! as Applicant: Suncrest Homes 1 Appellant: Chuck Smith December 13, 2022 - Page 8 of 12 E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 1_8.3, 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 Linder 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. K. A partition plat containing one or more flag lots shall additionally meet the criteria in section 18.5.3.060. The Additional flag Lot Partition Plat Criteria are detailed in AMC 18.5.3,060 as follows: A. The criteria of section 18.5.3.050 are met. B. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the, flag drive area, must meet the minimum square footage requirements of the zoning district. C. Flag drives shall be in the same ownership as the flag lots served. Where two or more lots are served by the same flag drive, the flag drive shall be owned by one of the lots and an easement for access shall be granted to the other lot or lots. D. Except as provided in subsection 18.5.3,060,H, below, the flag drive serving a single flag lot shall have a minimum width of 15 feet and -contain a 12 foot wide paved driving surface. For drives serving two flag lots, the flag drive shall be 20 feet wide, with a 15 foot wide driving surface Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department - Staff ReporY as Applicant: Suncrest Homes /Appellant: Chuck Smith December 13, 2022 - Page 9 of 12 to the back of the first lot, and a 12 foot wide driving surface to the rear lot. Drives shared by adjacent properties, shaU have a width of 20 feet, with a 15 foot paved driving surface. Width shall be increased on turns where necessary to ensure fire apparatus remain on a paved surface during travel. E. Curb cuts have been minimized, where possible, through the use of cornmon driveways. No more than two flag lots are served by the flag drive. F. Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may be granted for flag drives for grades in excess of 15 percent but no greater than 18 percent for not more than 200 feet. Such variances shall be required to meet all of the criteria for approval in chapter 1i 8.5.5 Variances. G. Flag drives shal9 be constructed to prevent surface drainage from flowing over sidewalks or other public ways. H. Flag lots adjacent to an alley shall meet all of the requirements of this section, except that: 1. Vehicle access shall be from the alley only where required as a condition of approval. 2. No screening and paving requirements shall be required for the flagpole. 3. A four foot pedestrian path shall be installed within the flagpole and improved and maintained with either a concrete, asphalt, brick, or paver block surface connecting the street to the buildable area of the flag lot. 4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at the street shall be identified by the address of the flag lot clearly visible from the street on a four -inch by four -inch post that is 31/2 feet high. The post shall be painted white with black numbers three inches high running vertically down the front of the post. For flagpoles serving two or snore dwellings, the addresses of such dwellings shall be on a two foot by three foot white sign clearly visible from the street with three-inch black numbers. 1. Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the Oregon Fire Code and subject to all requirements thereof. Ji. When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall' provide a turnaround (see Figure 18.4..E 00b,.5j. The Staff Advisor, in coordination with the Fire Code Official, may extend the distance of the turnaround requirement up to a maximum of 250 feet in length as allowed by Oregon Fire Code access exemptions. K. Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles backing out. L. There shall be no parking within ten feet of the centerline of the drive on either side of the flag drive entrance. M. Flag drives serving Structures greater than 24 feet in height, as defined in part 186, shall provide a fire work area of 20 feet by 40 feet clear of vertical obstructions and within 50 feet of the structure. The fire work area requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed. N. Both sides of the flag drive have been screened with a sight -obscuring fence, wall or fire- resistant broadleaf evergreen sight -obscuring hedge to a height of from four to six feet, except in the front yard setback area where, starting five feet from the property line, the height shall be from 30 to 42 inches in the remaining setback area. Such fence or landscaping shall be placed to ensure fire apparatus access is not obstructed by the encroachment of mature landscaping, 0. The applicant has executed and filed with the Community Development Department an agreement between applicant and the City for paving and screening of the flag drive. Such an agreement shall specify the period within which the applicant, or agent for applicant, or contractor shall complete the paving to standards as specified by the Public Works Director and screening as required by this section, and providing that if applicant should fail to complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the applicant. An agreement shall also provide for the maintenance of the paving and screening pursuant to this section, and assurance ongoing maintenance, Planning Action Appeal 2022-00017 / PA -Tl -2022-00185 Ashland Planning Department - Staff Report/ aa Applicant: Suncrest Homes I Appellant: Chuck Smith December 13, 2022 - Page 10 of 12 P. Flag lots shall be required to provide a useable yard area that has a minimal dimension of 20 feet wide by 20 feet deep. As used in this chapter, the term "useable yard area" means a private yard area which is unobstructed by a structure or automobile from the ground upward. V1. Conclusions and Recommendations Staff initially determined that the application with the attached conditions complied with applicable ordinances and net all standards and criteria for approval of a preliminary plat approval and as such Planning Action #TI -2022-00185 was approved. After staff approved the application a Notice of Decision (NOD) was mailed to all persons entitled to notice. Subsequent to the NOD adjacent property owner Chuck Smith filed a Notice of Intent to Appeal (NITA), Mr. Smith reside in the noticing area for the application and had previously submitted written comments to be considered during the public comment period and thus had standing to appeal. The Staff Report addresses items raised on appeal and staff believes that there is sufficient evidence in the record to demonstrate that all applicable approval standards have been met The applicants have submitted application materials to the Planning Department to demonstrate compliance with the applicable approval standards for the proposed partition as well as supplemental materials mentioned above and by their reference are incorporated as if set out in full. In staff s assessment the application, with the conditions recommended below, satisfies the applicable approval criteria. Staff recommends that the Planning Commission den, the lie appeal and uphold the original approval. Should the Commission choose to uphold the original approval as recommended, staff would recommend that the following conditions be attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified herein. 2) That any new address shall be assigned by City of Ashland Engineering Department. 3) That permits shall be obtained from the Ashland Public Works Department prior to any work in the public right of way, including but not limited to permits for driveway approaches, utilities or any necessary encroachments. 4) That a final 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 the following items shall be submitted for review and approval of the Ashland Planning Division prior to signature of the final survey. Planning Action Appeal 2022-000171 PA -T1-2022-00185 Ashland Planning Department - Staff Report/ as Applicant; Suncrest Homes / Appellant: Chuck Smith December 13, 2022 - Page 11 of 12 a) That a demolition permit be applied for, and the existing house removed from the property in its entirety. b) That a final utility plan for the parcels shall be submitted for review and approval by the Planning, Engineering, Electric and Building Divisions prior to signature of the final survey plat. The utility plan shall include the location of connections to all public facilities including the locations of water lines and meter sizes, fire hydrants, sanitary sewer lines, storm drain lines and electric services. c) All easements for public and private utilities and access shall be indicated on the final survey plat as required by the Ashland Engineering Division. d) That the sanitary sewer laterals and water services including connection with meters at the street shall be installed for the new vacant lot prior to the signature of final survey plat. e) That the property owner shall sign in favor of local improvement districts for the future street improvements, including but not limited to park -raw and sidewalks prior to signature of the final survey plat. The agreement shall be signed and recorded concurrently with the final survey plat. f) That a final survey plat shall be submitted within 12 months and approved by the City of Ashland within 18 months of this approval. Planning Action Appeal 2022-00017 I PA -T1-2022-00185 Ashland Planning Department -- Staff Report] as Applicant: Suncrest Homes 1 Appellant: Chuck Smith December 13, 2022 - Page 12 of 12 November 28, 2022 City of Ashland Community Development Brandon Goldman, interim Community Development Director 51 Winburn Way Ashland, OR 97520 RE: Appeal Response — PA -T1-2022-00185 Dear Mr. Goldman, We have reviewed the materials submitted on November 1, 2022 regarding the appeal of a two -lot partition located at 897 Hillview Drive. Please accept this letter on behalf of the applicant into the record and provide confirmation that it has been accepted by the Community & Economic Development Department for consideration. The request is for a two -lot partition of a 0.36 -acre lot resulting in the creation of two lots 0A 8 and 0,17 acres in size. The appellant in this case submitted comments to the City of Ashland on November 1, 2022 asserting that he has spoken with numerous individuals that do not want this partition, Chapter 18.5.3 of the Ashland Municipal Code provides the purpose of land divisions. The purpose of this chapter is to provide rules, regulations and standards governing the approval of subdivisions, partitions and property line adjustments as follows. A. Carry out the development pattern envisioned by the Comprehensive Plan. B. Encourage efficient use of land resources and public services, and to provide transportation options. C. Protect the natural environment and encourage sustainable building practices, D. Promote the public health, safety and general welfare through orderly and efficient urbanization. E. Coordinate land division requirements with other code provisions such as the Performance Standards Option. Chapter 18.2.1 establishes zoning districts pursuant to the Comprehensive Plan and every parcel, lot, and tract of land within the city is designated with a zoning district, or zone. in the case of this partition request, the land is zoned R-7.5. The use of this land is limited to the uses and densities allowed by the R-7.5 zoning district. Chapter 18.2.5.030 — Unified Standards for Residential Zones provides the following standards: Minimum Density: N/A Maximum Density: Minimum Lot Area (7,500 square feet) Minimum Lot Area: 7,500 square feet Minimum Lot Width: 65 feet Minimum/Maximum Lot Depth: 80 feet/150 feet Lot Coverage: 45% Setbacks: Front, 15 feet; Rear, 10 feet; Side, 6 feet The staff decision acknowledges that these standards either have been met or will be required to be met at the time building permits are submitted. Many of the other issued raised by the appellant are counter to the 25 goals and policies of the city's Housing Element of the Comprehensive Plan. Housing types, housing demands and rental housing needs are all discussed in the Housing Element and support infill development such as the one proposed (see Policy 19 and 23 of the Housing Element), The appeal does provide three code references where the appellant believes the application does not meet the standards, but also makes a number of assumptions that are not supported by relative criteria in the PA -T1-2022-00185 1 November 28, 2022 zoning code. Below are the code sections addressed by the appellant along with the other issues raised that have no relevant standard or criteria to address. Zonina Code Criteria (from anpellant) 18.5.3.0401.8.2.e Preliminary Plat Information. In addition to the general information described in subsection A, above, and any information required pursuant to chapter 18.3.9, Performance Standards Option and PSO Overlay, the preliminary plat application shall consist of drawings and supplementary written material (ie., on forms and/or in a written narrative) adequate to provide the following information, in quantities determined by Staff Advisor: 2, Existing Conditions. Except where the Staff Advisor deems certain information is not relevant, applications for preliminary plat approval shall contain all of the following information on existing conditions of the site,, e. The Base Flood Elevation, Floodplain Corridor Elevation, and Floodplain Boundary, per the Ashland Floodplain Corridor Maps, as applicable; Response: The property is not located within a flood hazard zone. Therefore, providing this information is not possible. The standard is not applicable. 18.5.3.050.G The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met. 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, Response: The proposal does not include the dedication or construction of public streets, utilities or surface water facilities. Since no public improvements are required as part of this request (except potentially a sidewalk along the frontage of the property), no public improvements are shown on the Preliminary Plat. The proposed driveway is private and the alley does not have any improvements proposed as it will not be used for vehicular access. Utilities to the existing and proposed new lots are private and do not require public improvement plans. Lastly, supplemental information submitted to staff following the neighborhood meeting included self-imposed conditions that would require both homes to have foundation drains systems that will be tied to the s,tormdrain system along the northern property line or directly tied to weep holes in the curb along Hillview Drive. Either way, storm,water will be conveyed off site through an existing city facility and will therefore not create any new stormwater management issues. Since no public improvements are required, no public improvement plans are necessary as part of this request. The standard is not applicable. 18.4.6.080 A. Storm Drainage Plan Approval. Development permits forstorm drainage and surface water management plans most be approved by the City Engineer and Building Official. B. Accommodation of Upstream Drainage. Culverts and other drainage facilities shall be sized to accommodate existing and projected future runoff from upstream drainage area, considering the City's adopted facility master plans and applicable standards. Such facilities shall be subject to review and approval by the City Engineer. C. Effect on Downstream Drainage. Where it is anticipated by the City Engineer that the additional runoff resulting from the development would overload an existing drainage facility, the City shall withhold approval of the development until provisions have been made for improvement of the potential condition or until PA -TI -2022-00185 2 November 28, 2022 provisions have been made for storage of additional runoff caused by the development in accordance with City standards. D. Over -Sizing. The, authority may require as a condition of approval that the stonn drainage system serving new development shall be sized to accommodate future development within the area as projected by the applicable facility master plan; and the City may authorize other cost recovery or cost-sharing methods as provided under state law. E. Existing Watercourse. Where a watercourse, drainage way, channel, or stream traverses a proposed development site•', there shall be provided a storm water easement or drainage right-of-way conforming substantially with the boundary or centerline of such watercourse, as applicable, and such further width as will be adequate for conveyance and maintenance to protect the public health and safety. Response: The stormwater system map identifies a 1lne along the northern property line that could provide a source of connection for each newly constructed dwelling. Alternatively, Public Works has stated that there is an additional catch basin at the street frontage that could be tied into. This fine is 8 inches at its street crossing and then connects to a 15 inch mainline down Hillview Drive. Based on the location of the 8 -inch line and the 15 -inch line, Public Works has stated that capacity is not an issue for upstream or downstream drainage and that an oversized stormwater facility is not required. Considering that no changes are necessary to the stormwater system, no storm drainage plan is necessary. The standard is met. Neighborhood Character Concerns from a ellant 1. This project is out of character for the neighborhood a. Permanently destroys the character of the area that has attracted families to purchase and keep homes in this neighborhood. 2. A single, larger structure would be in character and suit the neighborhood better. 3Sets precedence for all lots being subdivided a. The number of houses could double in the neighborhood 4. Traffic could double serving new houses 5, Hillview is main arterial evacuation route for the upper streets. & Leads to higher density residential zoning (supposedly 4 houses could be built on this lot) a. Historically single family neighborhood 7. Encourages: a. Tearing down houses to build more house i. Creates higher density neighborhoods b. Property speculators c. Absentee ownership d. Rental unit development (in single family neighborhoods) e. Leads to deteriorating property f Higher crime from higher density neighborhoods. g. Impacts urban wildlife and pollinators h. Intensifies increased water runoff to neighboring properties. 8. Discourages long time area residents from remaining in this neighborhood. a. Reduces quality of life, This quality of life attracted us to this neighborhood 9. Discourages members in the neighborhood to remain in this city 10. Setback from the street. a. Existing setback of 897 Hillview Drive is around 66 feet b. New setback for Parcel I (closest to Hillview) would be 27 feet c. No other house on that side of the street has that close of a setback d. This is completely out of character with the rest of the neighborhood. I I. Hillview homes have larger yards. 12. Alley behind 897 Hillview is swampy at various times of the year a. Rain water runoff.. b. Runoff from homes on Harmony Lane above the alley flow north-east down the alley, PA -T1-2022-00188 3 November 28, 2022 c. The alley stops at the corner of 897 and 895 Hillview on the alley and has nowhere to go. d. Historically, during the winter, rain water runoff has run through 897, 895, 893, and 873 Hillview Drive from the alley unabated. i. To abate rain runoff some Hillview residents below the alley have had to install 1. French drains 2, 897 Hillview tree roots and runners are clogging neighbors French drain lines, reducing water runoff collection capability. 3. Sump pumps 4. Had to raising foundation height 5. Had to regrade property to redirect runoff e. To abate and collect water runoff i. 897 Hillview rain gutters need to be tied to city storm drain ii. 897 required to install French drain along north property boundary to collect water iii. French drain tied to storm drain. f City of Ashland should be required: i. Construct a collection point at the end of the alley to remover water runoff through their storm drain easement through the alley. ii. Make provisions on alley storm drain line to collect Harmony Lane rain gutter lines. 13'. The builder does not live in this neighborhood, nor does he plan to. a, The neighborhood has to live with the consequences his decisions to modify this lot Response: Infill development in the City of Ashland is encouraged by both the Ashland Zoning Code as well as the Ashland Comprehensive Plan. The appellant contends that the proposed partition, which is a standards-based review without Much subjectivity will permanently destroy the character of the neighborhood and, that the number of houses could double if all lots took advantage of partitioning their lots. It's important to note that not all lots can be divided because of the location of existing dwellings, size or dimension of existing lots or parcels or the location of public infrastructure. Additionally, most houses in the neighborhood have a substantial value, unlike the dwelling on the subject property. Removal of the existing house in this situation not only removes a home that is in disrepair and unattractive, but it allows the parcel to be redeveloped in a manner that supports the goals and policies of Ashland's Comprehensive Plan. Redevelopment provides additionally housing opportunities and allows for the construction of single family detached dwellings that are compatible with the character of the neighborhood and constructed to building codes that address the stormwater concerns raised by the appellant. As detailed herein and noted by staff in the Findings and Orders, the application complies with all gpR!Lcable criteria and standards of the Ashland Zoning Code either outright or with the imposition of conditions of approval, The criteria noted by the appellant has been addressed herein and either meets the standard or is not applicable. The appellant also raises issues that are not directly tied to relevant criteria. These issues are not addressed because the city land development code does not address issues such as increased crime or neighborhood opinion. Policy makers have determined the allowed uses in each zone, allowable densities and in some areas architectural design requirements. The proposed partition will allow for the subject property to be redeveloped at the city's desired density while still constructing single-family detached dwellings. Based on the determination by city planning staff and the information provided herein, we respectfully request that the appeal be denied and the administrative decision be upheld. Respectfully Submitted, I'll Alf;5, Zac Moody Pacific Geographic Consultants, LLC. PA -Tl -2022-00185 4 November 28, 2022 Notice of Land Use Appeal — Type I fAchlnnrl Municipal Code r) 18.5.1.050.G. A. Name(s) of Person Filing Appeal: B. Address(es): 6huck Smith PD Box 802, 895 Hillview Drive, Ashland OR 97520 Sharon Hicks 904 Hillview Drive, Ashland OR 97520 — - - .......- -- _.... --- --- - _ .. ---- - -W -- -- - ---....._� Attach additional pages of names and addresses if other persons are joining the appeal. C. Decision Being Appealed Date of Decision: Planning Action #: Title of planning action: October 20, 2022 PA -TI -2022-00185 Notice of Final Decision D. How P8rson(s) Filing Appeal Qualifies as a Party For each person listed above in Box A, check the_appropriate box below. The person named in o 1 am the applicant. Box A.1. above pl received notice of the planning action. qualifies as a party of was entitled to receive notice of the action but did not receive because: notice due to error. The person named in (_)I am the applicant. Box A.2, above 01 received notice of the planning action. qualifies as a party 01 was entitled to receive notice of the action but did not receive because: notice due to error. Attach additional pages if others have joined in the appeal and describe how each qualifies as a party. E. Specific Grounds for Appeal 1. The first specific ground for which the decision should be reversed or modified is (attach additional pages if necessary) - Plan for collection and control of water runoff by landscaping, roof, and surface water is not adequate (see atia( 614 This is an error because the applicable criteria or procedure in the Ashland Municipal Code § or other law in § requires that attach additional pages if necessary): 2. The second specific ground for which the decision should be reversed or modified is (attach additional pages if necessary): This is an error because the applicable criteria or procedure in the Ashland Municipal Code § or other law in § requires that attach additional pages if necessa y)-. 3. The third specific ground for which the decision should be reversed or modified is (attach additional pages if necessary) - This is an error because the applicable criteria or procedure in the Ashland Municipal Code § or other law in § requires that (attach additional pages if necessary): 4. (On attached pages, list other grounds, in a manner similar to the above, that exist. For each ground list the applicable criteria or procedures in the Ashland Municipal Code or other law that were violated. Appeal Fee With this notice of appeal I(we) submit the sum of $150.00 which is the appeal fee required by § 18.5.1.050 of the Ashland Municipal Code. Date: November 1, 2022 Signature(s) of person(s) filing appeal (attach additional pages if necessary): Note: This completed Notice of Land Use Appeal together with the appeal fee must ,be filed with the Community Development Department, Attn: Planning Commission Secretary, 20 E Main St, Ashland, OR 97520, telephone 541-488-5305, prior to the effective date of the decision sought to be reviewed. Effective dates of decisions are set forth in Ashland Municipal Code Section 78.5.1.050. Planning Action PA -11-200200185 897 Hillview Drive lot partition and construction of two houses. I do not believe that the following criteria has met for control of surface water runoff during heavy rains. 3) Both homes on parcel #1 & #2 shall a foundation drain systems, each will be tied into the storm drain system that runs along the North property line. If for any reason these lines can't be tied into said storm drain, they shall be run out to the street via a weep hole. 4) All roof drains and landscape drains are required to be tied into the storm drain system that runs along the North property line. If for any reason these lines can't be tied into said storm drain, they shall be run out to the street via a weep hole. 18.5.3.040 Preliminary Mat Submissions B. 2. e. The Base Flood Elevation, Floodplain Corridor Elevation, and Floodplain Boundary, per the Ashland Floodplain Corridor Maps, as applicable; 18.5.3.050 Preliminary 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. 18.4.6.080 Storm Drainage and Surface Water Management Facilities A. Storm Drainage Plan Approval. Development permits for storm drainage and surface water management plans must be approved by the City Engineer and Building Official. B. Accommodation of Upstream Drainage. Culverts and other drainage facilities shall be sized to accommodate existing and projected future runoff from upstream drainage area, considering the City's adopted facility master plans and applicable standards. Such facilities shall be subject to review and approval by the City Engineer. E. Existing Watercourse. Where a watercourse, drainage way, channel, or stream traverses a proposed development site, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the boundary or centerline of such watercourse, as applicable, and such further width as will be adequate for conveyance and maintenance to protect the public health and safety. 1. Alley behind 897 Hillview is swampy at various times of the year a. Rain water run off... b. Runoff from homes on Harmony Lane above the alley flow north-east down the alley. c. The alley stops at the corner of 897 and 895 Hillview on the alley and has nowhere to go. d. 'Historically, during the winter, rain wafter runoff has run through 897 895 893 and 873 Hillview Drive from the alley unabated. i. To abate rain runoff some Hillview residents below the alley have had to install 1. French drains 2. 897 Hillview tree roots and runners are clogging neighbors French drain lines, reducing water runoff collection capability. 3. Sump pumps 4. Had to raising foundation height 5. Had to regrade property to redirect runoff e. To abate and collect water runoff. i, 897 Hillview rain gutters need to be tied to city storm drain ii. 897 required to Install French drain along north roe boundar yto collect water iii. French drain tied to storm drain. f. City of Ashland should be required: i. Construct a collection point at the end of the alley to remover water runoff through their storm drain easement through the alley. ii. Make provisions on alley storm drain line to collect Harmony Lane rain gutter lines 2. According to the TID, the alley between Harmony Lane and Hillview Drive may have been a creek. Planning Action PA -11-2002-00185 897 Hillview Drive tot partition and construction of two mouses, I do not believe that the following criteria has met for control of surface water runoff during heavy rains. 3) Both homes on parcel #1 & #2 shall a foundation drain systems, each will be tied into the storm drain system that runs along the North property line. If for any reason these lines can't be tied into said storm drain, they shall be run out to the street via a weep hole. 4) All roof drains and landscape drains are required to be tied into the storm drain system that runs along the North property line. If for any reason these lines can't be tied Into said storm drain, they shall be run out to the street via a weep hole. 18.6.3.040 Preliminary Plat Submissions B. 2. e. The Base Flood Elevation, Floodplain Corridor Elevation, and Floodplain Boundary, per the Ashland Floodplain Corridor Maps, as applicable; 18.5.3.050 Preliminary 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. 18.4.6.080 Storm Drainage and Surface dilater Management Facilities A. Storm Drainage Plan Approval. Development permits for storm drainage and surface water management plans must be approved by the City Engineer and Building Official. B. Accommodation of Upstream Drainage. Culverts and other drainage facilities shall be sized to accommodate existing and projected future runoff from upstream drainage area, considering the City's adopted facility master plans and applicable standards. Such facilities shall be subject to review and approval by the City Engineer, E. Existing Watercourse. Where a watercourse, drainage way, channel, or stream traverses a proposed development site, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the boundary or centerline of such watercourse, as applicable, and such further width as will be adequate for conveyance and maintenance to protect the public health and safety. 1. Alley behind 897 Hillview is swampy at various times of the year a. Rain water run off... b. Runoff from homes on Harmony Lane above the alley flow north-east down the alley. c. The alley stops at the corner of 897 and 895 Hillview on the alley and has nowhere to go. From: �Ll uKL21t—b To: �&rkalMad gmw; Wman 0-1 Licl Subject: Appeal request: Planning Action PA -1-1-2002-00185 Date: Monday, October 31, 2022 4:28:08 PM Attachments:i t1rd Jm BMV [EXTERNAL SENDER] To: Aaron Anderson, Planning Department, City of Ashland October 31, 2022 Regarding; 897 by Charlie Hamilton of Suncrest Homes Plannjng-Action -P®2q 2- 5 Comments written to Aaron Anderson (aaron.anderson@ashiand.or.us) and the Ashland Planning Department (planning@ ashland.or.us) regarding the proposed lot partition of 897 Hilllview Drive and construction of two houses. I have personally talked with 50 individuals in this neighborhood on both Harmony Ln. and Hill'view Dr. MUM I I have also contacted Chuck Schweizer over at the street department requesting him to comment on the rain water runoff collection issue. I have not heard back from him yet. 1. This p-roject is aut-of character for the neighborhood a. Pe.rmanently destroys the character of the area that has attracted families to purchase and keep homes in this neighborhood. 2. A single_larger structure would be in character and suit the neighborhood better. 3. Sets.prec9dence for all lots being subdivided, The number of houses could double in the neighborhood 4. Traffic could double serving new houses S. Hillview is main arterial evacuation route for the upper streets. 6. Leads to higher density residential zoning (supposedly 4 houses could be built on this lot) a. Historically single family neighborhood 7. Encourages: l• R171rom- L Creates higher density neighborhoods b. Property speculators C. Absentee ownership d. Rental unit development (in single family neighborhoods) e. Leads to deteriorating property f. Higher crime from higher density neighborhoods. g. Impacts urban wildlife and pollinators h. Intensifies increased water runoff to neighboring properties. 8. Di coura es Ion time area residents from remainingin this neighborhood. a. Reduces quality of Ije This quality of life attracted us to this neighborhood 9. Discourages members in the neighborhood to remain in this city 10. Setback from the street. a. Existing etback of 897 Hillview Drive is around 66 feet b. News otack for Parcel 1 (closest to Hillview would be 27 feet c. No other house on that side of the street has that close of a setback d. This is completely out of character with the rest of the neighborhood. 11. Hillview homes have larger yards. 12. Alley behind 897 Hillview is swampy at various times of the year a. Rain water run off... L Runoff from homes on Harmony Lane above the alley flow north-east down the alley. c. The alley stops at the corner of 897 and 895 Hillview on the alley and has nowhere to go. d. Historically, duringh winter, rain water runoff has run through 897 895 893 and 873 Hillview Dnye from the alleyunabated. L To abate rain runoff some Hillview residents below the alley have had to install 1. French drains 2. 897 Hillview tree roots and runners are clogging neighbors French drain lines, reducing water runoff collection capability. 3. Sump pumps 4. Had to raising foundation height 5. Had to regrade property to redirect runoff e. To abate and collect water runoff. i. 897 Hillview rain gutters need to be tied to city storm drain ii. 897 required to install French drain along north property boundary to c llect water iii. French drain tied to storm drain. f. City of Ashland should be required: L Construct a collection point at the end of the alley to remover water runoff through their storm drain easement through the alley. ii. Make provisions on alley storm drain line to collect Harmony Lane rain gutter lines. 13. The builder does not live in this neighborhood, nor does he plan to. a. The neighborhood has to live with the consequences his decisions to modify this lot. I have included a few diagrams and video of water runoff from the alley. I do not believe that collection points at roof, landscaping, and foundation are adequate during heavy rains. Lot 900, 897 Hillview needs a French drain along the northern property line of lot 900 to collect water. I appeal the 897 Hillview Drive lot partition. I request that the lot partition be denied. Best regards, Chuck Smith 895 Hillview Drive From: -QitKk Sol U1 2- ToLarra A n —d dream 2La 11 —nu a mr Subject. Appeal request: Planning Action PA-It-2002-00185. EfnaH 2 Date: Monday, October 31, 2022 5:22:57 PM [EXTERNAL SEND FR] Chuck Smith PO Box 802 895 Hillview. Drive 541 499-5133 csmith.now@hotmaii.com Aaron Anderson 51 Winburn Way 10721111201 Al 10-31-2022 RE: Appeal request: Planning Action PA -1 1-2002-00185. Email 2 Mr, Anderson, Attached are 3 diagrams and pictures depicting current runoff water collection. Also, attached are pictures of installation of my French drain. The videos in the previous email sent today at 4:27pm show water bubbling out of the ground, overwhelming my uphill French drain along the south property boundary (lot 800, 895 Hillview Dr.) The attached yellow "zoning rnap" shows a "red" circle depicting where the rain water runoff bubbles up in the previously emailed video. I have approximately 800 feet of hand dug 4" French drain, varying in depth of 21/2 to 4'. One picture shows one of two 9 yard Loads of rock. This is one of the reasons why lot 900, 897 Hillview needs a French drain. Lastly, I have included page 2 from the 10-22-22 "Notice of Final Decision". Although it discusses foliage removal, the diagram still shows the 2 building envelopes covering the 10' easement (76-10263) along the north lot 900, 897 Hillview property line. Two of my neighbors were confused by this. In the event that I am required to pay a fee for the appeal, contact me Tuesday and I will and I will come down to your office and write a check. Thank you OZtea. r � Chuck Smith This plot still shows building envelopes drawn over City of Ashland 90' easement 76-90263 The application includes a complete inventory of 39 trees that are greater than 6 inches Diameter at Breast Height (DBH). The application also includes a proposed `building envelope' and tree protection plan however it is not supported by a proposed residential design. Staff feels that rather than approve the requested removals that instead the inventory and recommendations should be considered at the time of future development. Staff carefully considered the proposal and found that it meets all the relevant approval criteria as explained further below. As staff understands the proposal, the existing driveway on the south side of the property will be retained and improved to provide vehicle access to the rear property as well. The drive will still be able to provide the required pedestrian connection while also providing secondary vehicle access to the rear lot. Below we address the application materials against the relevant approval criteria. The first two criteria of approval for a partition are that "The future use for urban purposes of the remainder of the tract will not be impeded." and that "The development of the remainder of any adjoining land or access thereto will not be impeded." Staff finds that the proposal for the two -lot partition is the maximum density allowed and that there is no remaining development potential and that all adjacent properties are developed meeting these standards. The third criteria of approval for a partition are 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." Staff finds that there are no city adopted neighborhood or district plans that affect this property and that there are no previous land use approvals that affect this property, The fourth criteria of approval for a partition are that "tract of land has not been partitioned for 12 months. The applicants assert, and after examining the Jackson County Survey records staff concurs that the tract of land has not been partitioned for twelve months meeting this standard. The fifth criteria of approval for a partition are that "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 PA -T1-2022-00185 897 Hillview Dr -/aha Page 2 ti69•4r,rw lso.00 24) 10 S7 s � 15 m s E 9•%14' PS � i I PARCEL 1 7622 SQ {T PARCEL 2 .} 7958 So FT u v i HiOUS TQ eE. } � L ——"--Ne947r7"w N W ---- -- F v` `�� �vs9•ar�rlu � rso.� The application includes a complete inventory of 39 trees that are greater than 6 inches Diameter at Breast Height (DBH). The application also includes a proposed `building envelope' and tree protection plan however it is not supported by a proposed residential design. Staff feels that rather than approve the requested removals that instead the inventory and recommendations should be considered at the time of future development. Staff carefully considered the proposal and found that it meets all the relevant approval criteria as explained further below. As staff understands the proposal, the existing driveway on the south side of the property will be retained and improved to provide vehicle access to the rear property as well. The drive will still be able to provide the required pedestrian connection while also providing secondary vehicle access to the rear lot. Below we address the application materials against the relevant approval criteria. The first two criteria of approval for a partition are that "The future use for urban purposes of the remainder of the tract will not be impeded." and that "The development of the remainder of any adjoining land or access thereto will not be impeded." Staff finds that the proposal for the two -lot partition is the maximum density allowed and that there is no remaining development potential and that all adjacent properties are developed meeting these standards. The third criteria of approval for a partition are 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." Staff finds that there are no city adopted neighborhood or district plans that affect this property and that there are no previous land use approvals that affect this property, The fourth criteria of approval for a partition are that "tract of land has not been partitioned for 12 months. The applicants assert, and after examining the Jackson County Survey records staff concurs that the tract of land has not been partitioned for twelve months meeting this standard. The fifth criteria of approval for a partition are that "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 PA -T1-2022-00185 897 Hillview Dr -/aha Page 2 Plastic Lined Retaining Wal' 'kkkS Spirin ir French Drain 5 k4d� i4n%�Wiir Swampy at Various ;4 " t iii e Times of the Year 4' deep Filtered Plastic Lined r;nch Drain NE Runnoff ,FlGw 8M Concrete Water Diver-te!r 95 '04 1KNO100. HOMM. Runoffflows wall overwi drain & bir( 0 4, nder retaining l�ing DFrench cues surface 9 2 U=4 ffL =- I lu: 9 ff I UNIONS 60 ® i pr ,wW �qp� �r and n Few M a rp ww " AE.pg' �y x 1 -OF .. ..... w" ° wudti�w�.�� '��wniw, s,,.."-r�r, �Iw." tas��sus � �ul� upu�al�e��.� 6V4 #QIP. I 668 w .. 8 r 1 sin a e 1 wry 8 i w y fb �,/ p,�j �f��r''f/�rero�"� ,�W �".. 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