HomeMy WebLinkAboutTolman_Creek_1345_PA-T1-2022-00191CITY OF
ASHLAND
September 14, 2022
Notice of Final Decision
On September 14, 2022, the Community Development Director approved the request for the
following:
Planning Action: PA -T1-2022-00191
Subject Property: 1345 Tohrran Creek Rd.
Applicant: Clason Company LLC for Marina McDonald
Description: A request for a minor land partition to divide the large area parcel into
three parcels. The property is currently occupied by six structures of various uses and is presently
non -conforming. The result of the partition will correct these nonconformities by having only a
single dwelling on each resultant lot. COMPREHENSIVE PLAN DESIGNATION: Single
Family Residential; ZONING: R-1-7.5; MAP: 39 1E 23 BA, TAX LOT: 200.
The Community Development Director's decision becomes final and is effective on the 12'11 day
after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all
conditions of approval identified on the attached Findings are required to be met prior to project
completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51
Winburn Way. Copies of file documents call be requested and are charged based on the City of
Ashland copy fee schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may
request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO)
18.5.1.050(F) and/or file an appeal to the Ashland PIanning Commission as provided in ALUO
18.5 . 1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached,
The appeal may not be made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Aaron Anderson in the
Community Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 5414188-5345
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2904
www.asf11and.or.[3s
SECTION 185.1.050 Type I Procedure (Administrative Decision ►vith Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a 'Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide Within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that all error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. Tile City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.13.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by fling a notice of appeal and paying the appeal fee according to the procedures of
this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the
hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Tine for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall
contain.
i. Ali identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully net or the appeal Will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before
the Planning Commission. Tile appeal shall not be limited to the application materials, evidence and other
documentation, and specific issues raised in the review leading up to the Type I decision, but may include other
relevant evidence and arguments. Tile Commission may allow additional evidence, testimony, or argument
concerning any relevant ordinance provision.
4. Appeal Hearing Procedure. Hearings oil appeals of Type I decisions follow the Type It public hearing procedures,
pursuant to section 18.5.1.060, subsections A — E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland. Oregon 97520 TTY: 800-735-2900 1PL4%&1'j
www.ashland.or.us
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA -T 1-2022-00191
SUBJECT PROPERTY: 1315 Tolman Creek Rd
OWNER/APPLICANT: Clason Company LLC for Marina McDonald
DESCRIPTION: A request for a minor land partition to divide the large area parcel
into three parcels. The property is currently occupied by six structures of various uses and is
presently non -conforming. The result of the partition will correct these nonconformities by
having only a single dwelling on each resultant lot.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1 -7.5;
MAP: 39 1 E 23 BA, TAX LOT: 200
SUBMITTAL DATE:
July 29, 2022
DEEMED COMPLETE DATE:
August 5, 2022
STAFF APPROVAL DATE:
September 14, 2022
APPEAL DEADLINE (4:30 P.M.)
September 26, 2022
FINAL DECISION DATE:
September 27, 2022
APPROVAL EXPIRATION DATE:
March 27, 2024
DECISION
Proposal
The proposal is a request for a land partition to create three lots for the property located at 1345
Tolman Creek Road. The resultant parcels will all have frontage on Tolman Creek Road: Parcel
1 at the northeast side of the property, Parcel 2 on the southeast corner of the property, and
Parcel 3 on the west side of the property, accessed by a flag drive between Parcels 1 and 2..
Propeil
The subject property was originally created as Parcel -2 of a minor land partition recorded as
county survey #11632 which was approved as PA#89-003. The property is 0.94 acres and has a
188 of frontage along Tolman Creek Rd. The subject property is zoned R-1-7.5, a single-family
residential zoning with a 7,500 square foot minimum lot size. The surrounding neighborhood is
also zoned R-1-7.5 and is developed with single family houses. The application provides
additional details describing the subject property as follows:
"Alear the tii,est property line is a tributes}, of Hamilton Creek. A drainage ivay easement exists
on the previous partition plat. This creek is an interntittentlephemeral stream mad has a 30 foot
fi•ona centerline of strewn protection zone. The property is within the Hillside Overlay and there
are areas abutting the creek that are more than 35 percent slopes and gn-eater. These awe
generally u4thin the protection zone and the existing drainage uwy easement.
The average slope of the property is approximately six percent doumhill from south to north.
PA -T1-2022-00191
1345 Tolman Creek Rd. /aha
Page I
There are numerous trees on the subject properly that are more than six inches in diameter at
breast height. The trees include oak, maple, pixie, cedar, fir and fruit trees.
Tolman Creek Road abuts the f •outage of the property. Tolman is a paved with between 22-25
feet of asphalt but lacks curb, gutter, park roti, and sideii,alks. There is a roadside storm ii,ater
conveyance ditch parallel to Tolman Creek Road "
Partition
As mentioned at the outset the proposal is a request for a land partition to create three lots for the
property located at 1345 Tolman Creek Road. The application explains that "Each of the
residential t37e of structures on the property, will be a residence post partition. An exception to
the street standards is proposed to retain the existing igfr•astructure and not install standard
street improvements for a residential collector street."
The application details each of the proposed parcels as follows:
Parcel 1:
Parcel I is proposed to have 102.65 feet of frontage on Tolman Creek Road. The
trapazoidal shaped property has 195.67 feet proposed along the north property lime and
91.46 feet on the south property line. The 14,779 square foot parcel would retain the
existing 2,544 square foot single family residential home, accessory dwelling unit, and
the adjacent detached, two vehicle garage.
Parcel 2:
To the south of proposed Parcel 1, across the flagpole driveway, is proposed Parcel 2.
Parcel 2 is proposed to have 70.46 feet of frontage upon Tolman Creek Road and extend
80.08 feet along the north property line and 126.38 feet along the south property line and
a lot area of 7,500 square feet. The proposed width and lot depth comply with the
standards for the zone. The existing 1,152 square foot two story studio/office building
will be returned to its original residential status.
Parcel 3:
Proposed Parcel 3 is a 18,631 square foot flag lot parcel. This parcel is proposed is
connected to Tolman Creek Road via a 15 -foot -wide flagpole. The flagpole is the area of
the existing driveway and will provide vehicular access to Parcels 2 and 3. This parcel
exceeds tminimuin lot width and depth requirements. This parcel will be occupied by the
2006 guest house. This will have a kitchen added and area for future expansion is shown
Oil the site plan.
The lots as proposed comply with the dimensional and minimum area requirements as will be
discussed below. The application materials also detail how the proposed partition complies with lot
coverage and required setbacks.
The application explains that all city facilities are available within Tolman Creek Rd. right-of-way,
including sanitary sewer and water. Conditions have been included below to require that final utility
plans be provided for the review and approval of the Planning, Building, Electric and Public Works
Departments, and that utilities be installed to serve each lot, prior to signature of the final survey plat
PA -TI -2022-00191
1345 Tolman Creek Rd. /aha
Page 2
The application also includes a request for an exception to the public street standards. The
application explains that there is demonstrable difficulty in installing sidewalk and landscape
park row along the subject property. The application explains that the undeveloped nature of the
ROW is unique characteristic preventing development to city standards and staff agrees. The
applicant will be required to sign in favor of a future LID in the event that the city choose to
install improvements to the ROW in the future,
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. During the period of public
comment, no input was received either in favor or against the proposed partition.
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.
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.
PA -T1-2022-00191
1345 Tolman Creek Rd. /aha
Page 3
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.
xxx
❑Pcisinn
The applicants have submitted materials to the Planning Department to demonstrate compliance with
the applicable approval standards for the approvals requested and by their reference are incorporated
as if set out in full. In staff's assessment, the application with the attached conditions complies with
all applicable City Ordinances. Therefore, Planning Action #PA -TI -2022-00191 is approved with
the following conditions. Further, if any one or more of the following conditions are found to be
invalid for any reason whatsoever, then Planning Action #PA -TI -2022-00191 is denied. The
following conditions are attached to the approval.
1) That all proposals of the applicant shall be conditions of approval unless otherwise modified
herein.
2) That the applicant shall obtain any necessary permits and inspections from the Public Works
Department for any work within the public rights-of-way.
3) That the requirements of the Ashland Fire Department including approved addressing; access
including approach, casements, firefighter access pathways, turn -around; hydrant distance
and clearance; work area; sprinklers as applicable, restrictions oil gates and fences that would
limit access; and wildfire hazard area requirements. Fire Department requirements shall be
included on the engineered construction documents for public facilities.
4) That a Fire Prevention and Control Plan addressing the General Fuel Modification Area
requirements in AMC 18.3.10.100.A.2 of the Ashland Land Use Ordinance shall be provided
prior to bringing combustible materials onto the property, and any new landscaping shall
comply with these standards and shall not include plants listed on the Prohibited Flammable
Plant List per Resolution 2015-028.
5) 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.
G) That prior to the submittal of the final survey plat for the review, approval and signature of
the Ashland Planning Division:
PA -T1 -2022-0019I
I345 Tolman Creek Rd. /alfa
Page 4
J
a) All easements for public and private utilities, fire apparatus access, and reciprocal utility,
maintenance, and access shall be indicated on the final survey plat as required by the
Ashland Engineering Division.
b) A final utility plan for the parcels shall be submitted for review and approval by the
Planning, Engineering, and Building Divisions prior to signature of the final survey plat.
The util ity plan shall include the location of connections to all public facilities including
the locations of water lines and meter sizes, fire hydrants, sanitary sewer lines, storm
drain lines and electric services. The electric service, and sanitary sewer lateral and
water services including connection with meters at the street shall be installed
underground to serve all parcels prior to signature of the final survey plat. At the
discretion of the Staff Advisor, a bond may be posted for the full amount of underground
service installation (with necessary permits and connection fees paid) as an alternative to
installation of service prior to signature of the final survey plat. In either case, the utility
plan shall be reviewed and approved by the Ashland Electric, Public Works and Planning
Departments prior to installation.
c) The location and final engineering for all storm drainage improvements associated with
the project, shall be submitted for review and approval by the Departments of Public
Works, Planning and Building Divisions prior to signature of the final survey plat.
d) The applicant shall submit an electric design and distribution plan including load
calculations and locations of all primary and secondary services including transformers,
cabinets and all other necessary equipment. This plan must be reviewed and approved by
the Electric Department prior to the signature of the final survey plat. Any necessary
transformers and cabinets shall be in areas least visible from streets, while considering
the access needs of the Electric Department.
e) Irrigated street trees selected from the approved street tree list shall be planted in the
front yards along the property line at a spacing of one tree per 30 feet.
Bill Molnar, Connnunity Development Director
Department of Community Development
September 14th, 2022
Date
PA -T1-2022-00191
1345 Tolman Creels ltd. /alta
Page 5
PA -T1-2022-00191 391 E14CD4700
ALBANO DIANE ET AL
2352 MORADA LN
ASHLAND, OR 97520
PA -T1-2022-00191 391 E23BA100
BROMBACHER ZACHARY TRUSTEE
1370 TOLMAN CREEK RD
ASHLAND, OR 97520
PA -T1-2022-00191 391 E23BA305
ERICSON JENNY A TRUSTEE ET AL
1350 APPLE WAY
ASHLAND, OR 97520
PA -T1-2022-00191 391 E23BA303
KLAUDER DANIEL R ET AL
PO BOX 870516
WASILLA, AK 99687
PA -T1-2022-00191 391 E14CD1300
j MORRIS MICHAEL RAY ET AL
1300 TOLMAN CREEK RD
ASHLAND, OR 97520
PA -i`1-2022-00191 391 E14CD1400
SATLER MELISSA
1330 TOLMAN CREEK RD
ASHLAND, OR 97520
PA -T1-2022-00191 391 E23BA102
WAY PETERIHOPFINGER JANA
6104 SW KELLY AVE
PORTLAND, OR 97239
PA -T1-2022-00191
POLARIS LAND SURVEY
PO BOX 490
ASHLAND, OR 97520
n
PA -T1-2022-00191 391 E23BA304
BURNHAM THOMAS L TRUSTEE
1344 APPLE WAY
ASHLAND, OR 97520
PA -T1-2022-00191 391 E23BA204
CLASON JOHNITORIA
1373 TOLMAN CREEK RD
ASHLAND, OR 97520
PA -T1-2022-00191 391 E23BA307 PA -T1-2022-00191 391 E14CD4400
GOLDEN JAY PIAHRONA J HAAS MARTIN A
1370 APPLE WAY 1333 TOLMAN CREEK RD
ASHLAND, OR 97520 ASHLAND, OR 97520
PA -T1-2022-00191 391 E14CD4600 PA -T1-2022-00191 391 E23BA200
LUCERO DARIC & JULIE LIVING T MCDONALD MARINA A
1015 CANYON PARK DR PO BOX 3119
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2022-00191391E14CD4300 PA-T1-2022-00191391E23BA202
PARKER MICHAELINADINE KANIM ROBERTS HILLERY BRUCE TRUSTEE
1303 TOLMAN CREEK RD 1355 TOLMAN CREEK RD
ASHLAND, OR 97520 ASHLAND, OR 97520
PA -T1-2022-00191 391 E23BA306 PA -T1-2022-00191 391 E23BA302
SPALDING SHARON LADELL TRUSTE TER BUSH CHARLES F TRUSTEE ET
1360 APPLE WAY 1332 APPLE WAY
ASHLAND, OR 97520 ASHLAND, OR 97520
PA -T1-2022-00191 391 E14CD4500
WISEMAN KENNETH C TRUSTEE ET
2380 MORADA LN
ASHLAND, OR 97520
PA -T1-2022-00191
ROGUE PLANNING & DEVELOPMENT
1314-B CENTER DR., PMS 457
MEDFORD, OR 97501
PA -T1-2022-00191
CLASON COMPANY LLC
220 DEAD INDIAN MEMORIAL RD
ASHLAND, OR 97520
1345 Tolman Creek
NOD 9114122
23
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 9/14/221 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 -TI -2022-00191, 1345 Tolman
Creek.
Signature of Employee
Docurr"12 911 4)2022
Planning Department, 51 WinburrA day, Ashland„ Ctregaru 97520
CITY OIF
541.488.5305 Fax: 541-552-2050 ww .ashland,or.us TTY: 1-800-735-2900 -,,S H LAN
NOTICE OF APPLICATION
PLANNING ACTION: PA -T1-2022-00191
SUBJECT' PROPERTY 1345 Tolman
OWNER/APPLICANT: Clasen Company LLC for Marina McDonald
DESCRIPTION: A request for a minor land partition to divide the large area parcel into three parcels. The property
is currently occupied by six structures of various uses and is presently non -conforming. The result of the partition
will correct these nonconformities by having only a single dwelling on each resultant lot, COMPREHENSIVE
PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP #: 391E23BA; TAX LOT:.
200
NOTICE OF COMPLETE APPLICATION: August 5, 2022
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: August 19, 2022
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PRELIMINARY PARTITION PLAT
18.5.3.050
The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met.
A. The future use for urban purposes of the remainder of the tract will not be impeded.
R 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 foRowing 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,
lb� 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,
1 Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development.
The Ashland: Planning Division Staff has received a complete application for the property noted on Page 1 of this notice.
Because of the COVID-1 9 pandemic, application materials are provided online and comments will be accepted by email. Alternative
arrangements for reviewing the application or submitting comments can be made by contacting (541) 488-5305 or
Mannino nwashland.or.lus.
A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City"
at Copies of application materials will be provided at reasonable cost, if requested.
Under extenuating circumstances, application materials may be requested to be reviewed inn -person at the Ashland Community
Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling (541) 488-5305 or emailing
pl.annin ashland.orms,
Any affected property owner or resident has a right to submit written comments topLqn ii1g.&ish LarI4.or.us or to the City of Ashland
Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p,m. on the deadline date shown on Page 1.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of
completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day
comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division
Staff shall make a final decision on the application. A notice of decision is mailed to the sarne properties within 5 days of decision. An
appeal to the Planning Commission of the Planning Division Staffs decision must be made in writing to the Ashland Planning Division
within 12 days from the date of the mailing of final decision, (AMC 18.5.1.050.G)
The ordinance criteria applicable to this application are attached to this notice, Oregon law states that failure to raise an objection
concerning this application, by letter, or failure to provide Sufficient specificity to afford the decision, maker an opportunity to respond to the
issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion
the objection, is based on also precludes Your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or
other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes
an action for damages in circuit court.
If you have questions or comments concerning this request, please feel free to contact Aaron Anderson at 541-488-5305 or
aaron.anderson@ashIand.or.us.
ActimsTAs by Sure. M"relman CreeklTolnianCreek_13451TolinanCt 1345_PA-TI-2022-0019RNoticnnp,\\OC�TolnianCr-1345.,,PA-TI-2022-00191_�O(r',docx
PA -T1-2022-00191 391E23BA 200
ALBANO DIANE ET AL
2352 MORADA LN
ASHLAND, OR 97520
PA-T1-2022-00191391E23BA 200
BROMBACHER ZACHARY TRUSTEE
1370 TOLMAN CREEK RD
ASHLAND, OR 97520
PA-T1-2022-00191391E23BA 200
ERICSON JENNY A TRUSTEE ET AL
1350 APPLE WAY
ASHLAND, OR 97520
PA-T2-2022-00191391E23BA 200
KLAUDER DANIEL R ET AL
PO BOX 870516
WASILLA, AK 99687
PA-T1-2022-00191391E23BA 200
MORRIS MICHAEL RAY ET AL
1300 TOLMAN CREEK RD
ASHLAND, OR 97520
Easy Peel' Addvess Labels
PA-T1-2022-00191391E23BA 200
ALBANO RONALD/AMY PEARSON
1365 TOLMAN CREEK RD
ASHLAND, OR 97520
PA-T1-2022-00191391E23BA 200
BURNHAM THOMAS L TRUSTEE
1344 APPLE WAY
ASHLAND, OR 97520
PA-T1-2022-00191391E23BA 200
GOLDEN JAY P/AHRONA J
1370 APPLE WAY
ASHLAND, OR 97520
PA-T1-2022-00191391E23BA 200
LUCERO DARIC & JULIE LIVING T
1015 CANYON PARK DR
ASHLAND, OR 97520
PA-T1-2022-00191391E23BA 200
PARKER MICHAEL/NADINE KANIM
1303 TOLMAN CREEK RD
ASHLAND, OR 97520
Go to avery.coji)/templates
PA-T1-2022-00191391E23BA 200
ALLEN NEWELL G ET AL
2340 MORADA LN
ASHLAND, OR 97520
PA-T1-2022-00191391E23BA 200
CLASON JOHN/TORIA
1373 TOLMAN CREEK RD
ASHLAND, OR 97520
PA-TS-2022-00191391E23BA 200
HAAS MARTIN A
1333 TOLMAN CREEK RD
ASHLAND, OR 97520
PA-T1-2022-00191391E23BA 200
MCDONALD MARINA A
PO BOX 3119
ASHLAND, OR 97520
PA-T1-2022-00191391E23BA 200
'ROBERTS HILLERY BRUCE TRUSTEE
1355 TOLMAN CREEK RD
ASHLAND, OR 97520
PA-T1-2022-00191391E23BA 200
PA-T1-2022-00191391E23BA 200
PA-T1-2022-00191391E23BA 200
SATLER MELISSA
SPALDING SHARON LADELL TRUSTE
TER BUSH CHARLES F TRUSTEE ET
1330 TOLMAN CREEK RD
1360 APPLE WAY
1332 APPLE WAY
ASHLAND, OR 97520
ASHLAND, OR 97520
ASHLAND, OR 97520
PA-T1-2022-00191391E238A 200
PA-T1-2022-00191391E23BA 200
1345 Toman Cr
WAY PETER/HOPFINGER JANA
WISEMAN KENNETH C TRUSTEE ET
8/5/2022 NOC
6104 SW KELLY AVE
2380 MORADA LN
20
PORTLAND, OR 97239
ASHLAND, OR 97520
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On August 5, 20221 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice
to each person listed on the attached mailing list at such addresses as set forth on
this list under each person's name for Planning Action #PA -T1-2022-00191, 1345
Tolman Creek Rd.
Z* AMAW
Signature of Employee
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PLANNING ACTION: PA -T1-2022•-00191
SUBJECT PROPERTY: 1345 Tolman Creek Rd
OWNER/APPLICANT: Clason Company LLC for Marina McDonald
DESCRIPTION: A request for a minor land partition to divide the large area parcel
into three parcels. The property is currently occupied by six structures of various uses and is
presently non -conforming. The result of the partition will correct these nonconformities by
having only a single dwelling on each resultant lot.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5;
MAP: 39 IE 23 BA, TAX LOT: 200
PLANNER: Aaron TREE: No HISTORIC: No
(Criteria: Partition)
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LEES �pflcatiora�
DESCRIPTION OF PROD ECT
� Pursuing
)ESCRIPTION of PROPERTY
1345 Tolman Creek Road
S&reel Address
23BA TaxLot(s) 200
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Assessor'$ Map No. 39 t ; Single I
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Name 4164654d�Clason Company LIC E -Mail jchneia Cr
Address 20 Bead Indian Memorial Road City AShland
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PROPERTY OWNER
Name Marina 'McDonald Pho w -Mail
PO BOX 3119 � '' V City Ashland
Zip 97520Address
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SURVEYOR ENGINEER, ARCHITECT LANDSCAPE ARCMITiECT t3TFtER
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PO BOX 490 city Ashland
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Address 1314-B Cerner Cir., PMB 457
City Medford
dip 97501
Nhelebyo*ffialf o$tat$menls arrdlnlarma n ronl8lnerdln this eppioa#on, Including Ihe enclosed drawings and the required findings of tact, are In all respects,
five andel l understand f/rat8llprWerly pinsmust be shown on ire dtamrgs and + lble upon the site Inspection. In the event the pins are not shown or theft
focatim fou+adtobefnc'oovd, lbe ewnerassuMaslullrespenslbrily l d Itherunderstand that If this ,roquest la subsequently contested the burden willbe on me to
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Applicant's Signature D at 0
As own the property invoiwe this request, t have read an undo r cod tip lco pletd application and its consequento me as a property
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Property Owner's Signature (required) date
pDate Received Zoning Permit Typ k Filing Fee
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Minor Land Partition to create three parcels
Property Address: 1345 Tolman Creek Road
Property Owner: Marina McDonald
PO BOX 3119
Ashland, OR 97520
Applicant: Clason Company LLC
220 Dead Indian Memorial Road
Ashland, OR 97520
Planning Consultant: Amy Gunter
Rogue Planning & Development Services
1314-8 Center Dr., PMB #457
Medford, OR 97501
Surveyor: Polaris Land Surveying
PO Box 490
Ashland, OR 97520
Subiect Pronerty:
Map & Tax Lot: 39 1E 23BA: Tax Lots: 200
Lot Area: 40,910 square feet (.94 acres)
Zoning: R-1-7.5
Adjacent Zone: R-1-7,5
Overlay Zone: Water Resource Protection Zone
Request:
A request for a minor land partition to divide the large area parcel into three parcels. Proposed Parcel 1
is proposed as a 14,779 square foot (SF) parcel. Proposed Parcel 2 is 7,500 SF. Parcel 3 is proposed to
be 18,631 SF. Parcel 3 is proposed as a flag lot with a 15 -foot flagpole connection to Tolman Creek
Road where the existing driveway is located.
Property Description:
The subject property is a large area parcel on the west side of Tolman Creek Road, 170 -feet south of the
Morada Street intersection and Tolman Creek Road. The parcel was created via a Minor Land Partition
in 1989. The parcel is generally rectangular, with 188 feet of frontage on Tolman Creek Road and
extending an average of 200 -feet west of Tolman Creek Road. The parcel area is 40,910 square feet (.939
Page 1 of 15
acres) inarea. The property isoervmdbwa15'footwide, graveled driveway which is about midway along
the frontage of the property.
The property and the adjacent properties are zoned R,1 -7.5i Single Rannik/ Residential. The properties
across Tolman Creek Road are split zoned between city of Ashland R-1-7.5 and Jackson County zoning.
The properties in the immediate vicinity are occupied by residential structures and outbuildings.
Near the west property line is a tributary of Hamilton Creek. A drainage way easement exists on the
previous partition plat. This creek is an intermittent/ephemeral stream and has a 30 -foot from centerline
of stream protection zone. The property is within the Hillside Overlay and there are areas abutting the
creek that are more than 35percent slopes and greater. These are generally within the protection zone
and the existing drainage way easement.
The average slope of the property is approximately six percent downhill from south to north.
There are numerous trees on the subject property that are more than six inches in diameter at breast
height, The trees include oak, �maple, pine, cedar, fir and fruit trees.
Tolman Creek Road abuts the frnmtage of the property. Tolman is a paved with between 22-25 feet of
asphalt but lacks curb, gutter, park row and sidewalks. There is a roadside storm water conveyance ditch
parallel to Tolman Creek Road. Also adjacent to Tolman is the 100 -year floodplain for Hamilton Creek.
Hamilton Creek istothe east, across Tolman Creek Road from the subject property.
The property is served by public utilities fnormTo|nnnn Creek Road. The public utility locations are
depicted on the existing utilities map. There is an O-(nd7water main, and an 8'inchsanitary sewer main
in Tolman Creek Road. Electric service is underground and served via the lines inTolman that eutemd'to
atransformer along the north property line, there ixajunction box t0the east ofthe existing residence
that serves that structure. Storm drainage is via a roadside ditch along Tolman Creek Road. There is e
fire hydrant at the southeast corner of the property.
Page zmo
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09191
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The property and the adjacent properties are zoned R,1 -7.5i Single Rannik/ Residential. The properties
across Tolman Creek Road are split zoned between city of Ashland R-1-7.5 and Jackson County zoning.
The properties in the immediate vicinity are occupied by residential structures and outbuildings.
Near the west property line is a tributary of Hamilton Creek. A drainage way easement exists on the
previous partition plat. This creek is an intermittent/ephemeral stream and has a 30 -foot from centerline
of stream protection zone. The property is within the Hillside Overlay and there are areas abutting the
creek that are more than 35percent slopes and greater. These are generally within the protection zone
and the existing drainage way easement.
The average slope of the property is approximately six percent downhill from south to north.
There are numerous trees on the subject property that are more than six inches in diameter at breast
height, The trees include oak, �maple, pine, cedar, fir and fruit trees.
Tolman Creek Road abuts the frnmtage of the property. Tolman is a paved with between 22-25 feet of
asphalt but lacks curb, gutter, park row and sidewalks. There is a roadside storm water conveyance ditch
parallel to Tolman Creek Road. Also adjacent to Tolman is the 100 -year floodplain for Hamilton Creek.
Hamilton Creek istothe east, across Tolman Creek Road from the subject property.
The property is served by public utilities fnormTo|nnnn Creek Road. The public utility locations are
depicted on the existing utilities map. There is an O-(nd7water main, and an 8'inchsanitary sewer main
in Tolman Creek Road. Electric service is underground and served via the lines inTolman that eutemd'to
atransformer along the north property line, there ixajunction box t0the east ofthe existing residence
that serves that structure. Storm drainage is via a roadside ditch along Tolman Creek Road. There is e
fire hydrant at the southeast corner of the property.
Page zmo
The property is occupied by six structures. There are two residential structures constructed in the early
1900s. The first is a 2,544 square foot single family residence. This is the existing home at 1345 Tolman
Creek Road. To the west of this structure is a small, 374 square foot guest house with kitchenette
(accessory dwelling unit). A 288 square foot deck is present on the west side of the ADU adjacent to the
drainage way. North of the residence is a 572 square foot detached two vehicle garage constructed in
2007. South of the driveway, there is a circa 1911, 1,152 square feet, two story, studio and office
structure. West of this structure, replacing an old hay barn and outbuilding is a 974 square foot detached
guest house that was constructed in 2006. In the southwest corner of the property a 100 square foot
shed is present.
Proposal:
The request is to divide the property into three parcels. Each of the residential type of structures on the
property, will be a residence post partition. An exception to the street standards is proposed to retain
the existing infrastructure and not install standard street improvements for a residential collector street.
Proposed Parcel 1:
Parcel 1 is proposed to have 102.65 feet of frontage on Tolman Creek Road. The trapazoidal shaped
property has 195.67 feet proposed along the north property line and 91.46 feet on the south property
line. The 14,779 square foot parcel would retain the existing 2,544 square foot single family residential
home, accessory dwelling unit, and the adjacent detached, two vehicle garage.
Parcel 2:
To the south of proposed Parcel 1, across the flagpole driveway, is proposed Parcel 2. Parcel 2 is
proposed to have 70.46 feet of frontage upon Tolman Creek Road and extend 80,08 feet along the north
property line and 126.38 feet along the south property line and a lot area of 7,500 square feet. The
proposed width and lot depth comply with the standards for the zone. The existing 1,152 square foot
two story studio/office building will be returned to its original residential status.
Parcel 3:
Proposed Parcel 3 is a 18,631 square foot flag lot parcel. This parcel is proposed is connected to Tolman
Creek Road via a 15 -foot -wide flagpole. The flagpole is the area of the existing driveway and will provide
vehicular access to Parcels 2 and 3. This parcel exceeds minimum lot width and depth requirements.
This parcel will be occupied by the 2006 guest house. This will have a kitchen added and area for future
expansion is shown on the site plan.
Findings addressing the criteria from the Ashland Municipal Code can be found on the following pages.
Page 3 of 15
FINDINGS OF FACT
Ashland Municipal Code
Land Use Ordinance
18.5.3.050 Preliminary Partition Plat Criteria
A. The future use for urban purposes of the remainder of the tract will not be impeded.
Finding:
The future use of the remainder of the tract as single-family residential uses will not be impeded by the
proposal.
Each of the proposed parcels will have a residence, outbuildings, and other structures typical for single
family residential development. The oversized lot areas are necessary due to the creek location, the
steep banks and the existing drainage easement prevent development of substantial portions of Parcel
1 and Parcel 3. There are existing residential structures on each parcel and ample buildable area outside
of the riparian area where additional building area can be located allowing for additional building area.
B. The development of the remainder of any adjoining land or access thereto will not be impeded.
Finding:
The development of the remainder of any adjoining land or access to adjoining lands will not be
impeded by the proposal.
There are access easements and utility easements provided on the preliminary plat submitted with this
application.
C. The partition plan conforms to applicable City -adopted neighborhood or district plans, if any, and any
previous land use approvals for the subject area.
Finding:
There are no City adopted neighborhood or district plans. To the applicant's knowledge, there are not
previous approvals for the subject property that would impact the proposal.
A The tract of land has not been partitioned for 12 months.
Finding:
The tract of land has not been partitioned for the past 12 months.
Page 4 of 15
E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable
overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g.,
parking and access, tree preservation, solar access and orientation).
Finding:
The proposal complies with the requirements of the underlying zone. Three parcels eacch comply with
lot width and depth requirements, coverage and solar access standards.
There are large stature trees which are all proposed to be retained as part of this proposal. The
proposed utility installations do not impact on the trees as the lines are present in Tolman Creek Road
serving the property. Additional utilities are within the existing driveway. The services to the new
parcels avoid the large diameter established trees. A tree protection plan has been provided.
Parcel 1:
Parcel 1 is proposed to have 102.65 feet of frontage on Tolman Creek Road. The trapazoidal shaped
property has 195.67 feet proposed along the north property line and 91.46 feet on the south property
line. The 14,779 square foot parcel would retain the existing 2,5.44 square foot single family residential
home, accessory dwelling unit, and the adjacent detached, two vehicle garage. A driveway apron to
provide vehicular access from Tolman to the garage is proposed.
A driveway apron to provide vehicular access from Tolman to the garage is proposed. Because the
subject property is zoned R-1-7.5 it is not subject to the 75 -foot driveway separation in AMC
18.4.3.080.C.3.b and C.3.c, but is instead required only to provide the minimum 24 -foot separation
detailed in AMC 18.4.3.080.C.3.a.
The lot coverage allowed is 6,650.55 square feet. There is approximately 3,400 square feet of impervious
surfaces (including the new driveway) on the property which is less than the maximum coverage.
For the purposes of the solar access ordinance the property slopes four percent downhill to the north.
The lot width exceeds the minimum width of 74.07 feet.
The proposed lot width, lot depth and lot area comply with the standards for the zone. This parcel is
larger than the minimum lot area by nearly 2X, this is due to the size and setbacks of the existing
residence and the presence of the riparian zone at the rear of the residence which is unbuildable area.
The existing structures comply with setbacks from the proposed property lines.
The property is within the Hillside Overlay zone of the Physical and Environmental Constraint Overlay
from AMC 18.3.9. There are areas of more than 35% slope along the creek, within the drainage
easement and the riparian zone. There is no development proposed within the steep slope areas or
within the riparian buffer zone for the ephemeral street.
Page 5 of 15
Parcel 2:
To the south of proposed Parcel 1, across the flagpole driveway, is proposed Parcel 2. Parcel 2 is
proposed to have 70.46 fleet of frontage upon Tolman Creek Road and extend 80.08 feet along the north
property line and 126.38 feet along the south property line and a lot area of 7,500 square feet. The
proposed width and lot depth comply with the standards for the zone. The existing 1,152 square foot
two story studio/office building will be returned to its original residential status.
The maximum coverage in the zone is 3,375 square feet in area. The existing structure has a coverage
area of 672 square feet. A future garage is proposed and the driveway access there is more than 2,700
square feet of available coverage area for future expansion of the home.
For the purposes of the solar access ordinance the property slopes two percent downhill to the north.
The lot width exceeds the minimum lot width for the purposes of compliance with the solar access
ordinance of 70.5 feet. Additionally, there is a 15 -foot wide flag pole to the north of the proposed parcel
allowing additional shadow area.
The proposed lot width, lot depth and lot area comply with the standards for the zone.
The access to Parcel 2 is proposed to be shared with Parcel 3 within the flagpole driveway. Parcel 2 has
street frontage upon Tolman Creek Road.
Parcel 3:
Proposed Parcel 3 is a large area flag lot parcel. This parcel is proposed to be connected to Tolman Creek
Road via a 15 -foot -wide flagpole. The flagpole is the area of the existing driveway and will provide
vehicular access to Parcels 2 and 3. This parcel exceeds minimum lot width and depth requirements.
This parcel will be occupied by the 2006 guest house. This will have a kitchen added and area for future
expansion is shown on the site plan.
The maximum coverage in the zone is 8,383.5 square feet in area. The existing structure has a coverage
area of 974 square feet. A future garage is proposed and the driveway access and parking area. Excluding
the area of the shared flag driveway, there is more than 7,400 square feet of available coverage area for
future expansion of the home.
For the purposes of the solar access ordinance the property has no slope. The lot width exceeds the
minimum lot width for the purposes of compliance with the solar access ordinance of 67.5 feet.
The proposed lot width, lot depth and lot area comply with the standards for the zone.
The access to Parcel 2 is proposed to be shared with Parcel 3 within the flagpole driveway. Parcel l has
street frontage upon Tolman Creek Road.
Page 6 of 15
18.4.5: Trees:
There are 40 trees that are more than six -inches in diameter at breast height that are depicted
on the preliminary survey plan. There are no trees proposed for removal and a tree protection
plan has been provided.
Tree Protection Measures proposed:
1. Chain link fencing, a minimum of six feet tall with steel posts placed no farther than ten feet
apart, installed at the edge of the dripline, riparian areas, or conservation easements that abut
the parcel.
2. The fencing shall be flush with the initial undisturbed grade.
3. Approved signs will be attached to the chain link fencing stating that inside the fencing is a
tree protection zone, not to be disturbed unless prior approval has been obtained from the
Staff Advisor for the project.
4. No construction activity will occur within the tree protection zone, including, but not limited
to, dumping or storage of materials such as building supplies, soil, waste items, equipment, or
parked vehicles.
5. The tree protection zone will remain free of chemically injurious materials and liquids such
as paints, thinners, cleaning solutions, petroleum products, concrete or dry wall excess, and
construction debris or run-off.
6. No excavation, trenching, grading, root pruning, or other activity will occur within the tree
protection zone unless approved by the Staff Advisor.
7. All required tree protection measures set forth in this section will be instituted prior to any
development activities, including but not limited to clearing, grading, excavation, or demolition
work, and shall be removed only after completion of all construction activity, including
landscaping and irrigation installation.
18.4.6: Public Facilities:
Tolman Creek Road is an un -improved city street lacking, curb, gutter, storm drain facilities,
sidewalks, etc. It is the property owner's desire to eventually see Tolman Creek Road improved
to City street standards since Tolman provides a direct connection to essential city services and
facilities. Due to the existing conditions, Tolman will need to be comprehensively designed,
constructed and financed through either a Local Improvement District (LID) or through Capital
Improvement Project funding and cannot be completed one tax lot at a time. The property
owners will agree to participate in an LID and pay their proportionate costs of the necessary
Page 7 of 15
improvements. There are no changes proposed to the existing street improvements. An
exception to street standards has been requested.
Public utilities are proposed to be installed to service proposed Parcel 2 and 3. There are
existing water and sewer services that will be separated, and new individual services will be
extended within the driveway. An electric transformer is shown adjacent to Tolman Creek Road
that will extend underground service to Parcels 2 and 3. Easements for utility connections are
provided on the preliminary plat map.
18.4.8: Solar Setback Standards:
The parent parcel has minimal slope from south to north as determined by the solar ordinance.
Each of the new Parcels has a slope of between zero to four percent. The proposed north to
south width of the three proposed parcels exceeds the required minimum width required to
comply with the solar setback ordinance.
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 flat Criteria.
Finding:
Proposed Parcels 1 will have a driveway access to Tolman Creek Road where the existing front -loading
garage on the north side of the 1345 Tolman Creek Road is located. This driveway is more than 24 -feet
from the adjacent property to the north. Parcel 2 will take access from the flag driveway of Parcel 3 via
access easement, and not take an access from Tolman Creek Road.
G. The proposed streets, utilities, and surface water drainage facilities conform to the street design
standards and other requirements in part 18.4, and allow for transitions to existing and potential future
development on adjacent lands. The preliminary plat shall identify all proposed public improvements
and dedications.
Finding
No new streets are proposed.
An LID for the frontage improvements to Tolman Creek Road is requested with this proposal and an
Exception to Street Standards to not install the standard street improvements for a public street.
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
Page 8 of 15
Comprehensive Plan, such access shall be improved with an asphaltic concrete pavement designed for
the use of the proposed street. Tile minimum width of the street shall be 20 -feet with all work dove
under permit of the Public Works Department.
Finding:
Tolman Creek Road is a paved street that is more than 20 -feet wide along the entire street frontage.
1. Where an alley exists adjacent to the partition, access may be required to be provided from the alley
and prohibited from the street.
Finding:.
There is not an alley adjacent to the partition area.
J. Required State and federal permits, as applicable, have been obtained or can reasonably be obtained
prior to development.
Finding:
No state or federal permits are required.
K. A partition plat containing one or more flag lots shall additionally meet the criteria in section
18.5.3.060.
Finding:
A flag lot is proposed as part of the partition.
18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria
A. The criteria of section 18.5.3.050 are met.
Finding:
It can be found that the criteria from AMC 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.
Finding
Parcel 3 is the flag lot. The lot area of Parcel 3 is 18,631 square feet. The area of the flag drive area is
approximately 2,850 square feet. Minimum lot area is met.
Page 9 of 15
6
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.
Finding.
The flag lot is in the ownership of Parcel 3.
D. Except as provided in subsection 18.5.3.060.H, below, the flag drive serving a single flag lot shall
have a miniinurn 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 glide 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.
Finding:
The flag drive services a single flag lot. It is proposed to be 15 -feet wide and improved to 15 -feet width
to the driveway of Parcel 2. The flag driveway remains 15 -feet wide, with a 12 -foot paved surface to
Parcel 3. Where deemed necessary to widen the driveway to ensure fire apparatus access, the paved
surface area will be increased.
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.
Finding:
The proposal is to retain the shared driveway to the south of 1345 Tolman Creek Road as the flag drive
connectivity to Tolman Creek Road for Parcel 3. To minimize driveway access onto Tolman, the flag
drive is proposed as a common driveway for Parcel 3 and an easement provided to Parcel 2.
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.
Finding
The driveway grade is approximately four — five percent. The slope of the driveway is substantially less
than 15 percent grade.
G. Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other
public ways.
Page 10 of 15
Finding:
The flag drive will be constructed to prevent surface drainage from flowing onto the public right-of-
way.
H. Flag lots adjacent to an alley shall inect 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%x 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.
Finding:
There is not an alley, this section does not apply.
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.
Finding:
The flag drive and fire work area (where required) will be deemed Fire Apparatus Access Road under
the Oregon Fire Code and comply with the requirements thereof.
J. When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a
turnaround (see Figure 18.4.6.040.G.5). The Staff Advisor, in coordination with the Fire Code Official,
may extend the distance of the turnaround requirement up to a maximum of 250 feet in length as
allowed by Oregon Fire Code access exemptions.
Finding:
A turn around area that addresses Oregon Fire Code may be required. It appears that the existing
driveway and turnaround area near the south property line shared between Parcels 2 and 3 complies
with the work area requirements and that with sprinkler systems additions a turnaround may not be
necessary as the driveway is substantially less than 250 feet in length. The property owner and
applicant will meet the Oregon Fire Code as required by the applicable fire codes.
Page 11 of 15
K. Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles backing
o€rt.
Finding
Parcel 3 is a flag lot and present has gravel surface parking area that accommodates three vehicles.
(See area adjacent to "future garage addition" on the preliminary site plan map). The back-up turn
around area is provided on Parcel 2 within the shared parking and access easement area.
L. There shall be no parking within ten feet of the centerline of the drive on either side of the flag drive
entrance.
Finding:
There is not a curb on Tolman Creek Road to paint yellow to notify of the no parking zone. Other
measures deemed adequate to notate this no parking area will be considered by the applicant.
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.
Finding:
The existing structure that is served by the flag driveway is a single -story building that is substantially
less than 24 feet in height. A fire work area does not appear to be required.
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.
Finding:
A site obscuring fence will be provided along both sides of the flag driveway. The height of the
screening will follow the code standards specified above. Fire apparatus access will not be impeded by
the screening if a hedge is utilized.
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
Page 12 of 15
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.
Finding:
An agreement between the applicant and the city for paving and screening of the flag drive. The
agreement will outline the period of time where the paving to the Public Works Director standards and
screening as required and that if the applicant fails to complete the work within the specified period of
time the city may install and recover the full costs and expense thereof.
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,
Finding:
There is ample yard area that exceeds 20' by 20' on Parcel 3 that meets the definition of `useable yard
area'.
Exception to Street Standards
AMC 18.4.6.020 B. Exceptions and Variances. Requests to depart from the requirements of this
chapter are subject to chapter 18.5.5 Variances, except that deviations from section 18.4.6.040 Street
Design Standards are subject to 18.4.6.020.B.1 Exceptions to the Street Design Standards, below.
Finding:
Tolman Creek Road is an un -improved city street lacking, curb, gutter, storm drain facilities, sidewalks,
etc. Portions of Tolman Creek Road also have significant grade changes along both sides of the right-of-
way and the FEMA floodplain for Hamilton Creek is within the right-of-way.
Along the frontage of the property there is a roadside ditch. The entirety of street frontage of Tolman
Creek Road is un -improved along the entire west side from Siskiyou Blvd. to the City limits further up the
street. These factors all contribute to the unique aspect of Tolman Creek Road and demonstrate the
demonstrable difficulty in installing street improvements.
An exception to not install street improvements is requested.
1. Exception to the Street Design Standards. The approval authority may approve exceptions to the
standards section in 18.4.6.040 Street Design Standards if all of the following circumstances are found
to exist.
Page 13 of 15
�i
C
a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a
unique or unusual aspect of the site or proposed use of the site.
Finding:
The exception is to not install street improvements to city standards on Tolman Creek Road until
a time when the entire streetscape can be evaluated. The street has a number of factors that
need to be evaluated comprehensively in order to create a cohesive, functional design that
cannot be accomplished one tax lot at a time. The substantial distance of public street from
Siskiyou Boulevard up Tolman Creek Road and varying widths of right-of-way, the lack of
connectivity to other portions of improved sections of Tolman Creek Road present
demonstratable difficulty because the length of the street frontage that lacks all improvements.
b. The exception will result in equal or superior transportation facilities and connectivity
considering the following factors where applicable.
i. For transit facilities and related improvements, access, wait time, and ride experience.
ii. For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of
bicycling along the roadway), and frequency of conflicts with vehicle cross traffic.
iii. For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of
walking along roadway), and ability to safety and efficiency crossing roadway.
Finding:
The proposal does not propose to make alterations to the right-of-way width. There are no
proposed modifications to the pedestrian facilities which are existing as a path along the
frontage.
c. The exception is the minimum necessary to alleviate the difficulty.
Finding:
Signature in favor of a Local Improvement District is the minimum necessary to alleviate the
difficulty in installing full street improvements for the frontage of the property. There are no
street improvements in the form of bicycle or pedestrian facilities on Tolman Creek Road. There
is not a street system to connect the lot proposed for development too.
d. The exception is consistent with the Purpose and Intent of the Street Standards in
subsection 18.4.6.040.A.
Finding:
The purpose and intent of the street standards seeks for connected, city streets that have limited
block length and distances to provide safe and accessible public street improvements. The
Purpose and Intent of the Street Standards section speaks to connectivity and design and to
Page 14 of 15
creating a public space in the community. Tolman Creek Road is a semi -rural street that provides
access to the forest lands above Ashland. The proposal retains the existing semi -rural character
of Tolman Creek Road and will not negatively impact the vehicular, bicycle and pedestrian
experience.
18.3.10.100.B.
Wildfire Hazards:
A Fire Prevention and Control Plan has been provided. There are larger stature deciduous trees, but the
property is a landscaped yard area that is well maintained, irrigated and mowed. There is not vegetation
to remove.
Wildfire Mitigation Planning: All the proposed new construction and reroofing of existing structures will
comply with the recently adopted wildfire mitigation efforts and with the requirements of AMC
18.3.10.100.6:
A) Roofing to be metal roofing with no opening between the exterior walls and the roofing material (new
construction or replacement).
B) Gutters to be encapsulated for protection from fire embers (when installed).
C) Vent openings will be fire resistant (when installed).
D) Exterior walls to be non-combustible materials, including under eave overhangs and porch extensions
(new walls).
E) All decks and porch surfaces to be constructed of fire -retardant wood or con -combustible materials.
F) All exterior windows will be tempered glass or similar rating.
G) All areas within 5' of the perimeter of the house will be non-combustible in accordance with AMC
18.3.10.100.B.
H) All fencing will be non-combustible (vinyl or metal) within 5' of a house.
1) All standing dead and dying vegetation shall be removed from the property prior to initial construction.
J) All new plantings, including trees, shrubs and ground cover throughout the site are devoid of any
plant materials listed on the Prohibited Flammable Plant List.
Respectfully submitted,
Amy Gunter
Rogue Planning & Development Services, LLC
Agent for the Owner
Attachments:
A) Preliminary Partition Map
B) Existing & Proposed Utility Plan/Tree Protection Plan
C) Wildfire Plan
D) Electric Distribution Plan
Page 15 of 15
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City of Ashland
Community Development Department
51 Winburn Way
Ashland, OR 97520
Telephone: 541-488-5305
Inspection Line: 541-552-2080
Plan Type: Type I Planning Action
Work Class: Type I Planning Action
PA -T1-2022-00191
Apply Date: 7!2912022
391E23BA200 1345 Tolman Creek Rd
Owner: Marina McDonald
Owner Po Box 3119
Address: Ashland, OR 97520
Phone: (541) -46-0-8121
Land Partition for (3) lots
Fee Description:
Land Partition (Type I)
Applicant:
Applicant: Rogue Planning and Development
Applicant 1314-B Center Dr PMB 457
Address: Medford, OR 97501
Phone: (541) 9514020
Date:
Amount:
$1,343.75
$1,343.75
The comments of this pre -app are preliminary in nature and subject to change based upon the submittal of
additional or different information. The Planning Commission or City Council are the final decision
making authority of the City, and are not bound by the comments made by the Staff as part of this pre -
application.
ASHLAND PLANNING DEPARTMENT
PRE -APPLICATION CONFERENCE
COMMENT SHEET
.lune 8, 2022
PLANNING STAFF COMMENTS:
SITE: 1345 Tolman Creek
APPLICANT: Clason for McDonald
REQUEST: 3 -lot Land Partition
This pre -application conference is intended to highlight significant issues before the applicant
prepares and submits a formal application.
Land Partition: The creation of up to three lots from a single parent parcel is allowed through
the Land Partition process, which is detailed in AMC 18.5.3. Criteria on following pages.
Water Resource Protection Zone: There is a regulated waterway on the subject property. In
addition to regulations set forth by the state, this is also regulated by Ashland Land Use
Ordinance in chapter 18.3.11 — Water Resources Protection Zones. The drainage will need to be
kept in its natural state and protected in a conservation easement. Any work not exempt will
require a Limited Activities/Uses Permit at detailed in AMC 18.3.11.060. During a prior Minor
Land Partition (PA#84-003) a drainage way easement was dedicated. See CS 11632
Flag Drive Standards: Driveways in excess of 50 feet in length are considered to be flag drives
and subject to the development standards thereof, as detailed in AMC 18.5.3.060. The flag drive
serving a single flag lot shall have a minimum width of 15 feet and contain a 12 foot wide paved
drivftsurface. Each lot served by a flag drive is required to provide a third off-street parking
space.
Driveway — To protect the two existing street trees the proposed driveaway will need to reduce
to a single car width.
Controlled Access Standards: Controlled access standards require a driveway separation of 75
feet along major collectors such as Tolman Creek Road. The application will need to
demonstrate compliance with this standard, or if a closer separation is requested a Variance
would be necessary.
Exception to Street Standards / Street Improvements: Tolman Creek Road is classified as an
Avenue or Major Collector, and required street improvements along the frontage of the parcels
involved would include curb, gutter, paving, parking, storm drains, park row planting strips,
sidewalks, and bike lanes. Given that the complexity of the improvement required, the limited
frontage, the need for improvements to be completed within the context of a larger neighborhood
design process, the presence of the floodplain, and the fact that this street section is within
Jackson County jurisdiction, staff believes that there is an argument to be made that the most
prudent option here would be for the applicants to sign in favor of the future improvements to
1345 Tolman Creek — Pre -Application Comments
June 8, 2022/aa
Page 1
Tolman Creek Road and agree to pay their proportionate cost of the necessary improvements and
not to remonstrate against the formation of a Local Improvement District (LID).
The previous property owners signed in favor of an Local Improvement District (LID) during a
prior Minor Land Partition (PA#$9-003). This parcel would still be subject to the agreement that
was recorded onto the deed of the property. See Doc 86-1.3861
Drainage Plan — A site drainage plan is required to be submitted with the final application for
review and approval by the City of Ashland Building and Engineering Divisions.
Detailed utility plan. - Location of all [existing and proposed] utilities
Tree Protection and Preservation: An inventory of all trees six -inches in diameter at breast
height and greater on the property and within 15 feet of the property boundaries is required with
the application under AMC 18.4,5. The inventory must include detailed information including
but not limited to species, diameter at breast height, condition, and drip line/protection area of
each tree. The plan must clearly identify trees to be preserved and those to be removed, and
address the tree removal permit requirements in AMC 18.5.7 for significant trees to be removed.
System Development Charges — building permit for the kitchen(s), ARU, addition etc. In
addition to the plan review, building permit fees and utility hook-up fees, system development
charges (SDCs) are required for transportation, water, sewer, storm sewer and parks and
recreation. These charges are for the additional impact the new unit will make on the
transportation, utility and parks systems.
Electric Meter Location - State law requires a separate electric meter for each dwelling unit.
Contact the City of Ashland Electric Department for fees for installation of a second service.
Certificate of occupancy — won't be issued until plat is recorded.
Lot Coverage Calculations — Detailed lot coverage calculations shall be submitted with the
application. Lot coverage calculations shall include all areas of disturbance, including but not
limited to the structure footprints, patios, decks, pathways, driveways and parking areas, etc.
Envelopes/Slopes: With partitioning, the application would need to identify building envelopes
which are entirely outside of the areas with slopes greater than 35 percent.
Solar Setback: The application would need to demonstrate that each of the proposed parcel
configurations comply with the Solar Access Performance Standard requirements of AMC
1345 Tolman Creek — Pre -Application Comments
June 8, 2022/aa
Page 2
18.4.8.040 which generally requires that a 21 -foot high structure can be placed on the parcel with
a solar setback no greater than one-half the north -south dimension of the parcel.
Neighborhood Outreach: Projects involving changes to established neighborhood patterns can
be a concern for neighbors, and staff always recommends that applicants approach the affected
neighbors, make them aware of the proposal, and try to address any concerns as early in the
process as possible. Notices are sent to neighbors within a 200 -foot radius of the property.
Written Findings/Burden of Proof: Applicants should be aware that written findings
addressing the ordinance and all applicable criteria are required and are heavily depended on
when granting approval for a planning action. In addition, the required plans are explained in
writing below. The burden of proof is on the applicant(s) to ensure that all applicable criteria are
addressed in writing and that all required plans, written findings, and other materials are
submitted even if those items were not discussed in specific, itemized detail during this initial
pre -application conference.
Approval Criteria
18.5.3.060 Preliminary Partition Plat Criteria
The approval authority shall approve an application for preliminary partition plat approval only
where all of the following criteria are met.
A. The future use for urban purposes of the remainder of the tract will not be impeded.
B. The development of the remainder of any adjoining land or access thereto will not be
impeded.
C. The partition plan conforms to applicable City -adopted neighborhood or district plans, if any,
and any previous land use approvals for the subject area.
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.
1345 Tolman Creek — Pre -Application Comments
June 8, 20221aa
Page 3
x
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.
18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria
The approval authority shall approve a preliminary plat application for a flag lot partition only
where all of the following criteria are met.
A, The criteria of section 18.5.3.050 are met.
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.
1315 Tolman Creek — Pre -Application Comments
June 8, 2022/aa
Page 4
E
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.
1. Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the
Oregon Fire Code and subject to all requirements thereof.
J. When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall
provide a turnaround (see Figure 18.4.6.040.G.5). The Staff Advisor, in coordination with the
Fire Code Official, may extend the distance of the turnaround requirement up to a maximum of
250 feet in length as allowed by Oregon Fire Code access exemptions.
K. Each flag lot has at least three parking spaces situated to eliminate the necessity for
vehicles backing out.
L. There shall be no parking within ten feet of the centerline of the drive on either side of the
flag drive entrance.
M. Flag drives serving structures greater than 24 feet in height, as defined in part 18.6, shall
provide a fire work area of 20 feet by 40 feet clear of vertical obstructions and within 50 feet of
the structure. The fire work area requirement shall be waived if the structure served by the drive
has an approved automatic sprinkler system installed.
N. Both sides of the flag drive have been screened with a 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.
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
1345 Tolman Creek — Pre -Application Comments
June S, 2022/aa
Page 5
work within such period, the City may complete the same and recover the full cost and expense
thereof from the applicant. An agreement shall also provide for the maintenance of the paving
and screening pursuant to this section, and assurance ongoing maintenance.
P. Flag lots shall be required to provide a useable yard area that has a minimal dimension of
20 feet wide by 20 feet deep. As used in this chapter, the term "useable yard area" means a
private yard area which is unobstructed by a structure or automobile from the ground upward.
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UNDERLYING ZONE PROVISIONS (18.2.5.030.A.)
ZONING: R-1-7.5, Single Family Residential with a 7,500 square foot minimum lot size. Minimum
lot width is 65 feet. Lot depth 80-150 feet. Lot width shall not exceed lot depth.
OVERLAYS: The property is located in the Hillside Lands and the Wildfire Lands overlays.
SETBACKS: Eight feet for unenclosed porches, 15 feet for front yards, and 20 feet for front -facing
garages. Six feet for side yards but ten feet for side yards abutting a public street. Ten feet per story and
five feet per half -story for rear yards. In addition, the setbacks must comply with the solar access
requirements.
LOT COVERAGE: A maximum of 45 percent of the lot may be covered with impervious surface. Please
identify on site plan and in text all areas of landscaping, impervious surface, patio space, outdoor
recreational space, etc.
LANDSCAPING REQUIREMENTS: 55 percent of the site must be retained in landscaping, and a site-, size-
, and species- specific landscaping plan is required at time of formal application. The landscape plan
must address any required screening, and include street trees, one per 30 feet of street frontage where
applicable. Avoid using lawn. Provide irrigation system for all _landscaped areas. Landscaping shall be
designed so that 50 percent coverage occurs after one year and 90 percent coverage occurs after five
years.
PARKING, ACCESS, AND INTERNAL CIRCULATION: As detailed in 18.4.3.040, two parking spaces are
required for the primary dwelling unit. Parking space dimensional requirements are a minimum of nine
feet by 18 feet, with 22 feet of clear space as a back-up dimension required directly behind the space.
1345 Tolman Creek m.. Pre -Application Comments
June 8, 2022/aa
Page 6
OTHER CITY OF ASHLAND DEPARTMENT COMMENTS
BUILDING: No comments at this time. Please contact the Building Division for any building codes -
related questions at 541-488-5305.
CONSERVATION: For more information on available conservation programs, please contact the
Conservation Division at 541-488-5305 or via e-mail to dan.cunningham@ashland.or.us.
ELECTRIC SERVICE: Please contact Dave Tygerson in the Electric Department for service
requirements and fee information at (541) 552-2389 or via e-mail to tygersod@ashland.or.us. Dave will
arrange an on-site meeting, and develop a preliminary electrical service plan for the site. Please allow
additional time to accommodate scheduling of this on-site meeting and preparing the preliminary plan.
Submittals will not be deemed complete without a preliminary approved plan from the Electric
Department.
ENGINEERINGIPUBLIC WORKS/STREET/STORMWATER: See Public Works comments
attached at the end of this document. Please contact Karl Johnson of the Engineering Division for any
Public Works/Engineering information at 541-552-2415 or via e-mail to karl.'ohnson@ashland.or.us.
FIRE: See Ashland Fire & Rescue comments attached at the end of this document. Please contact Fire
Marshal Ralph Sartain from the Fire Department for any Fire Department -related information at 541-552-
2229 or via e-mail to ralph.sartain@ashiand.or.us.
WATER AND SEWER SERVICE: If the project requires additional water services or upgrades to
existing services the Ashland Water Department will excavate and install in the city right of way all water
services up to and including the meter on domestic and commercial water lines. If a fire line is required,
the water department will also only install a stub out to the location where the double detector check
assembly (DCDA) complete with a Badger® cubic foot bypass meter should be placed in a vault external
to the building. The vault and the DCDA device housed in it are the responsibility of the property owner
and should be placed at the property line. Fees for these installations are paid to the water department and
are based on a time and materials quote to the developer or contractor. Meter sizes and fire line diameters
will need to be provided to the Water Department at the time of a quote being requested. Please Contact
Steve Walker at 541-552-2326 or e-mail walkers@ashland.or.us with any questions regarding water
utilities.
NOTES
■ All planning applications require a completed pre -application conference for the project within the six-
month time period immediately preceding the filing of the application. The purpose of this conference is
to acquaint the applicant with the substantive and procedural requirements of the city's land use
ordinance, provide for an exchange of information regarding applicable elements of the Comprehensive
Plan and development requirements, and to identify policies and regulations that may create opportunities
or pose constraints for the proposal.
■ Fees increase annually based on the CP1; applications are subject to the fees in effect at the time of
application submittal.
■ Applications are accepted on a first come first served basis.
■ Applications are reviewed for completeness in accordance with ORS 227.178.
■ All applications received are reviewed and must be found to be complete before being processed or
scheduled at a Planning Commission meeting.
■ Applications will not be accepted without a complete application form signed by the applicant(s) and
property owner(s), all required materials and full payment.
1345 Tolman Creek--Pre-Application Comments
June 8, 2022/aa
Page 7
PROCEDURE
A Land Partition is subject to a "Type I" procedure which includes an administrative decision made
following public notice and a public comment period. Type I decisions provide an opportunity for appeal
to the Planning Commission.
APPLICATION REQUIREMENTS
Submittal Information.
The application is required to include all of the following information.
a. The information requested on the application form at:
htt s: www.ashIand.or,us 51B files Comm%20Dev Forms%2C%2OBrochures%2C%20Handouts
/Zoning Permit ApplicationFY21-22.pdf
b. Pians and exhibits required for the specific approvals sought (see below).
c. A written statement explaining how the application satisfies each and all of the relevant criteria
and standards in sufficient detail (see below).
d. Information demonstrating compliance with all prior decision(s) and conditions of approval for
the subject site, as applicable.
e. The required fee (see below).
The Ashland Land Use Ordinance, which is Chapter 18 of the Municipal Code, is available on-line in its
entirety at: https://ashiand.municipal.codes/LandUse
Written Statements
Please provide two copies of a written statements explaining how the application meets the approval
criteria from the sections of the Ashland Municipal Code listed below. These written statements provide
the Staff Advisor or Planning Commission with the basis for approval of the application:
o Preliminary Partition Plat Criteria: httus://ashiand.municipal.codes/LandUse/18.5.3.050
o Additional Criteria for a Flag Partition (if applicable):
htt s: ashiand.munici al.codes LandUse 18.5.3.060
o Exception to Street Standards: htt s: ashiand.munici al.codes LandUse 18.4.6.020.6.1
o Tree Removal Permit (if applicable): htt s: ashland.munici pal.codes/La ndUse 18.5.7.040
Plans & Exhibits Required
Please provide true scale PDF exhibits (plans/drawings) addressing the submittal requirements These
exhibits are used to copy the Planning Commission packets and for notices that are mailed to neighbors.
Please provide documents that can be printed to a standard scale on paper no larger than 11 -inches by
17 -inches.
o Preliminary Plat Submissions: httl2s://ash land. municipal.codes/LandUseI18.5.3.040
o Tree Protection Plan: https:/Iashland.municipal.codes/LandUse/18.4_.5.030
o Tree Removal Permit (if applicable):https://ashland.municipal.codes/LandUse/18.5_7.030
PLANNING APPLICATION FEES
Land Partition: $1,120.25 + $74.50 per lot*
Tree Removal (if applicable): $0 (where part of a larger application)
Icor further information, please contact: June 8 2022
Aaron Anderson, Associate Planner Date
City of Ashland, Department of Community Development
Phone: 541-552-2052 or e-mail: aaron.anderson(d)ashiand.or.us
1345 Tolman Creek — Pre -Application Comments
June 8, 2022/aa
Page 8
Public Works Conditions of Approval
1. Engineered Plans - Where public improvements are required or proposed, the
applicant's engineer shall submit design plans for approval of all public improvements identified
on the approved plan or as specified in conditions of approval. One set of these civil plans
MUST be submitted DIRECTLY to the Public Works/Engineering Department. All design plans
must meet the City of Ashland Public Works Standards. Engineered construction plans and
specifications shall be reviewed and signed by the Public Works Director, prior to construction.
All public facilities within the development will be designed to the City of Ashland Engineering
Design Standards for Public Improvements. The engineered plans shall also conform to the
following:
If drawings are submitted to the City of Ashland digitally, they shall be true scale PDF
drawings. If AutoCAD drawings are also submitted, they shall be compatible with the AutoCAD
release being used by the City at that time and shall be located and oriented within the Oregon
State Plain Coordinate System (NAD83-89).
• Drawings sizes shall comply with ANSI -defined standards for page width and height.
Review drawings maybe submitted in B size (11x17). Bidding and construction documents
may also be printed at B size; however, all final as -constructed drawings must be submitted to
scale on D -size (24x36) Mylar. Digital files of the as -constructed drawings shall also be
submitted. Drawings shall be drawn such that reduction of plans from full size (D sized) to half
size (B sized) can be done to maintain a true scale on the half -sized plans.
2. Street Improvement — No additional street improvements, beyond those necessary to
comply with City Street Standards, will be required at this time. The applicant proposed
improvements must be reviewed and permitted by the Jackson County Roads and a copy of the
Jackson County approval must be received by the City of Ashland prior to any construction.
3. Right of Way — No additional right of way dedication, beyond that necessary to comply
with City Street Standards, will be required at this time.
4. Sanitary Sewer - The property is currently served by an 8 -in sanitary sewer main in
Tolman Creek Road. The applicant proposed improvements must be reviewed, approved and
permitted by the City of Ashland Engineering Department.
5. Water - The property is currently served by an 8 -in water main in Tolman Creek Road.
City of Ashland Water Department shall tap existing water main and install any new water
services and water meter boxes that are proposed by development. City of Ashland Water
Department must be contacted for availability, placement and costs associated with the
installation of the new water service. Service & Connection l=ees will also be required for any
new water services installed as part of this project.
6. Storm Drainage - The property is currently served by roadside ditched along Tolman
Creek Road. City of Ashland Engineering Department must review an engineered storm
drainage plan.
Storm Water Facility Design Requirements
All development or redevelopment that will create or replace 2,500 square feet or more of
impervious surface (buildings, roads, parking lots, etc.) area that discharges to an MS4
(municipal separate storm sewer systems), must comply with the requirements of the DEQ MS4
1345 Tolman Creek — Pre -Application Comments
June 8, 2022/aa
Page 9
General Permit phase 2. Applicant MUST follow the guidance and requirements set forth in the
current Rogue Valley Stormwater Quality Design Manual which can be found at the following
website:
https:llwww.rvss.us/pilot.asp?pg=StormwaterDesignManual
All stormwater calculations, reports, drawings, etc. shall be submitted to the City of Ashland
Engineering Department for review.
7. Erosion & Sediment Control - The following requirements shall be met:
• All ground disturbances exceeding 2,500 square feet shall implement an Erosion and
Sediment Control Plan (SSCP).
• A 1200-C permit will be secured by the developer where required under the rules of the
Oregon State DEQ. City of Ashland Engineering Department must receive a copy of this permit
before any construction shall begin.
• Erosion Prevention and Sediment control measures that meet the minimum standards
set forth by the City of Ashland Public Works/Engineering Standard Drawing CD282 must be in
place before any construction related to the project begins.
• Pollution, track out, and sediment dumping into storm water are strictly prohibited per
AMC 9.08.060.
• Drainage from automotive use areas shall be limited to oil concentrations of 10 mg/I by a
pre -approved means.
• Trash storage areas shall be covered or provide additional storm water treatment by an
approved means.
• Off street parking areas shall conform to Ashland Municipal Code 18.4.3.080.8.5,
including provisions to minimize adverse environmental and microclimatic impacts.
8. Driveway Access — No additional improvements/requirements will be requested at this
time, but the applicant proposed improvements must be reviewed and permitted by Jackson
County Roads and the City of Ashland Engineering Department must receive a copy of any
approval from Jackson County prior to any construction.
9. Permits — Any construction or closure within the public right of way will require a Public
Works permit and before any work in the right of way commences all necessary permits MUST
be obtained. Jackson County Roads will need to review and approve any improvements in the
Jackson County right-of-way. City of Ashland must obtain a copy of any Jackson County
approvals and/or permits that are granted before any work in the Jackson County right-of-way
begins. A separate permit must be obtained from the City of Ashland for the proposed
connections to the City of Ashland sewer main.
10. As-Builts - Where public improvements are required or completed, the developer shall
submit to the City of Ashland, reproducible as -built drawings and an electronic file of all public
improvements constructed during and in conjunction with this project. Field changes made
during construction shall be drafted to the drawings in the same manner as the original plans
with clear indication of all modifications (strike out old with new added beside). As -built
drawings shall be submitted prior to final acceptance of the construction, initiating the one-year
maintenance period.
11. Addresses — Any new addresses must be assigned by City of Ashland Engineering
Department.
1345 Tolman Creels — Pre -Application Comments
June S, 2022/aa
Page 10
Pre-ApplicationAshland Fire & Rescue
Conditions Descriptions
Reviewed By: Sartain, Ralph; Kleinberg Tech, Admin Date Completed: 5/17/2022
LD File #: Renew -2022-00334 Date Scheduled:
Applicant: John Clason
Location: 1345 Tolman Creek Road
LD Description: 3 -lot partition, one for each existing structure. Parcel 3 new
Garage/ADU; Parcel 2 new carport and porch structure,
Approved with Yes
Conditions Noted
Below:
DevelopmentSpecific
..
Fire department comments are based upon the 2019 Oregon Fire Code
as adopted by the Ashland
Municipal Code, and
Ashland Land Use Laws:
Conditions
Comments
Code Set
Code Reference
Minimum access address sign required for Parcel 3. - .
-Agency Defined Code
OFC 505.1
Addressing requirements for Parcels 1 & 2.
Agency Defined Code
OFC 505.1
Shared access easement required for common driveway.
Agency Defined Code
AF&R 2
Firefighter access required.
Agency Defined Code
AF&R 3
Vegetation requirements.
Agency Defined Code
AF&R 16
Wildfire hazard mitigation recommendations.
Agency Defined Code
WHZ HIZ
Conditions Descriptions
Code
Reference Description
OFC The developer must provide a minimum access address.sign.. A 2 -sided address sign shall be posted near the
505.1
intersection oI=the street and the driveway, identifying the address numbers served by the driveway. Apre-
approved address sign can also be utilized.
OFC Addressing -New and existing buildings shall have approved address numbers, building numbers or approved
505.1 building identification placed in a position that is plainly legible and visible from the street or road fronting the
property. These numbers shall contrast with their background. Where required by the fire code official,
address numbers shall be provided in additional approved locations to facilitate emergency response. Address
numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm)
high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the
building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to
identify the structure. Address numbers shall be maintained.
AF&R 2 Fire Apparatus Access -Shared Access Easement -if a fire apparatus access road crosses onto or over another.
proPerty owner's parcel, an easement must be obtained. to provide access for Fire apparatus, Easement
language needs to include wording that indicates that the shared access easement may not. be modified,
removed, or obstructed in anyway without prior written approval From Ashland Fire & Rescue.
AF&R 3 An approved footpath around the structure is required so that all exterior portions of the structure can be
reached with the fire hose. Any changes in elevation greater than two feet in height (such as retaining walls)
require stairs. The stairs shalt be an all-weather surface, and meet the requirements as specified in the Oregon
Structural Specialty Code. OFC 503.1.1.
AF&R 16 Existing and intentionally planted vegetation is required to meet AMC 18.3.10.1046(2) General Fuel
Modification Area Standards. The Fire Wise landscaping brochure provides diagrams and examples of how to
meet these requirements..www.ashiandfirewise.org. Contact Ashtand Fire & Rescue Forestry Division for a
fuel break inspection.
Page 1 of 2
WHZ HIZ This development is located in a wildfire hazard zone. It is recommended that landscaping planning include:
0-5 feet perimeter around home: make this a non-combustible zone (concrete or non-combustible ground
covering),
0-30 feet perimeter around home: Utilize fire resistant vegetation (See Oregon State University's "Fire
Resistant Shrubs and Trees in SW Oregon").
0-100 feet perimeter around home: Plan so that Fully grown tree crown positioning provides a minimum 10'
horizontal clearance to chimneys or any part of structure, that fully grown tree crown positioning to provide a
minimum 15' clearance to other fully grown tree crowns, and ladder fuels are considered (vegetation like
taller shrubs below trees that will spread fire into tree crown).
Construction General information/Requirements
Development shall comply with access and water supply requirements in accordance with the Oregon Fire Code in affect at
the time of development submittal. Fire apparatus access roads are required to be installed prior to the time of construction.
The approved water supply for fire protection (fire hydrants) is required to be installed prior to construction when
combustible material arrives at the site.
Specific fire protection systems may be required in accordance with the Oregon Fire Code. This plan review shall not prevent
the correction of errors or violations that are found to exist during construction. This plan review is based on information
provided only. This plan review shall not prevent the correction of errors or violations that are found to exist during
construction. This plan review is based on information provided only.
Design and installation shall meet the Oregon requirements of the International Fire, Building, Mechanical Codes and
applicable NEPA Standards.
Final determination of fire hydrant distance, fire flow, and fire apparatus access requirements will be based upon plans
submitted for Building Permit review. Changes from plans submitted with this application can result in further requirements.
Any future construction must meet fire code requirements in effect at that time. The fire department contact for this project
is Fire Marshal Ralph Sartain. He may be contacted at (541) 552-2229 or ralph.sartain@ashland.or.us.
If work will be completed during fire season, check fire season fire prevention requirements found at
www.ashland.or.us/fireseason.
Ashland Fire & Rescue, 455 Siskiyou Blvd, Ashland OR 97520
541-482-2770 www.ashland.orms
Page 2 of 2
TALENT IRRIGATION DISTRICT
LAND USE AGENCY RESPONSE FORM
104 W. Valley View Rd.
P.O. Box 467
Talent, OR 97540
NAME OF ENTITY REQUESTING RESPONSE: City Of Ashland
ENTITY REFERENCE NUMBER: RENEW -2022-00334
MEETING REVIEW DATE: June 1, 2022
MAP DESCRIPTION: 39-1E-23BA Tax Lot 0200
PROPERTY ADDRESS: 1345 Tolman Creek Rd., Ashland OR.
Updated 07/08/15
Phone: 541-535-1529
Fax: 541-535-4108
Email: tid@talentid.or•g
❑ NO COMMENT ON LAND USE ISSUE (IF NOT MARKED, CONTINUE BELOW)
NO rn CkiECKED
COMMENT COMMENTS
ARE APPLICABLE
❑ A. WATER RIGHT ISSUES
® 1. Water rights need to be sold to someone or transferred back to Talent
Irrigation District from any newly created impervious surfaces within water
right locations. Number of irrigated acres: .90
Comments: TID water rights are for irriization purposes.only. No other uses
are allowed including use for.,a processing facilites
AND/OR
2. Must have District approval for water rights to remain in place on subject
property. Number of irrigated acres: ,90
Comments: If the existing water rights are to be sold or relocated to another
area the applicant must go through the transfer process with the District
Department. Water rights
Bureau of Reclamation and the Water Resources ,
must be removed from any impervious surfaces.
❑ B. EASEMENTS
DISTRICT EASEMENTS
❑
1. Easement needs to remain clear. No permanent structures or deep-rooted
plants will be allowed within the easement limits.
Comments:
❑ 2. If facility is to be relocated or modified, specifications must meet the District's
standards and be agreeable to the District. A new written and recorded
easement must be conveyed to the District.
Comments:
❑ 3. If a written and recorded easement does not exist for an existing facility, then
one must be provided in favor of the District.
Comments:
SAOffice ClerMonI fanning ActionslAsitland1202211t6NEW-2022-00334 1345 Tolman Crk 1td.doez
Updated 07MSII5
PRIVATE EASEMENTS
® 1. Property may have private facilities (ditch or pipeline) that the District does
not manage. Arrangements may need to be made to provide continued service
through the subject property for downstream water users.
Comments:
PRIVATE EASEMENT PROVISIONS FOR MINOR PARTITIONS
AND/OR LOT LINE ADJUSTMENTS
® 1. if the property currently has water rights and it is being partitioned or a lot line
adjustment is being made, easements must be written and recorded which
allow access for all of the pieces of property with water rights to continue to
have access to the water.
Comments: The r—petty has .90 irrigated acres. Provisions must be made to
provide irrigation to each lot or the water rights must be removed.
WATER METER REQUIREMENT ON TRANSFERRED WATER
RIGHTS
❑ 1. If the water right on this property is a transferred water right that currently has
a water meter requirement, then each of the properties split off of the original
parcel all need to have water meters installed prior to the use of irrigation
water on the newly formed parcels.
Comments:
® C. FACILITIES (including but not limited to pipelines, ditches, canals, control
checks or boxes)
❑ 1. Upgrades to District facilities may be required to support any land use changes
or developments, such as pipe installations or encasing existing pipe under
roads or concrete.
Comments:
❑ A DRAINAGE/ STORM WATER
® The District relies on the Bureau of Reclamation's Storm Water Policy. No urban
storm water or point source flows will be allowed into the District's facilities
without going through the Bureau of Reclamation process. (Developments in
historically agricultural areas need to be aware of agricultural run-off water and
take appropriate action to protect the development from upslope water.)
Comments:
GENERAL COMMENTS:
1. No interruptions to irrigation water deliveries will be allowed.
2. T.I.D. is a Federal Project and some facilities and/or easement issues may need Bureau of Reclamation
approval.
3. The developer/sub-divider will take all appropriate actions to ensure the reliability and protection of the
original function of the District's facilities.
As required by 2017 ORS 92.090(6) which states as follows: "Subject to any standards and procedures
adopted pursuant to ORS 92.044 (Adoptions of standards and procedures governing approval of plats and
plans), no plat of a subdivision or partition located within the boundaries of an irrigation. district,
SAOffice ClcrkWordlPlanning ActioilslAslllalid12022%RENEw-2022-00334 1345'rohnnn Crit Rd.docx
r
Updated 07/08115
drainage district, water control district, water improvement district or district improvement company
shall be approved by a city or county unless the city or county has .received and accepted a certification
from the district or company that the subdivision or partition is either entirely excluded from the district
or company or is included within the district or company for purposes of receiving services and
subjecting the subdivision or partition to the fees and other charges of the district or company."
Talent Irrigation District's fee associated with this planning action is checked below.
❑ Letter of No Concern: $25.00
® Letter With Concern: $110.00
(Fees subject to change)
Date Signed: May 19, 2022
Wanda Derry, Manager
Talent Irrigation District
SAOfticc ClerklWord\Planning Aclioris\Aslrtartd12Q221RENP-W-2022-00334 1345 Tolroan Crk Rd.docx
Ashland Fire & Rescue Pre -Application Report
Conditions Descriptions
Reviewed By: Sartain, Ralph; Kleinberg Tech, Admin Date Completed: 5/17/2022
LD File #: Renew -2022-00334 Date Scheduled:
Applicant: John Clason
Location: 1345 Tolman Creek Road
LD Description: 3 -lot partition, one For each existing structure. parcel 3 new
Garage/ADU; Parcel 2 new carport and porch structure.
Approved with Yes
Conditions Noted
Below:
Fire department comments are based upon the 2019 Oregon Fire Code as adopted by the Ashland Municipal Code, and
Ashland Land Use Laws:
Conditions
Comments Code Set Code Reference
Minimum access address sign required for Parcel 3. Agency Defined Code OFC 505.1
Addressing requirements for Parcels 1 & 2. Agency Defined Code OFC 505.1
Shared access easement required for common. driveway. Agency Defined Code AF&R 2
Firefighter access required. Agency Defined Code AF&R 3
Vegetation requirements. Agency Defined Code AF&R 16
Wildfire hazard mitigation recommendations. Agency Defined Code WHZ HIZ
Code
Reference Description
OFC The developer must provide a minimum access address sign. A 2 -sided address sign shall be posted near the
505 1 intersection of the street and the driveway, identifying the address. numbers served by the. driveway. A pre -
:approved address sign can also be utilized.
OFC Addressing - New and existing buildings shall have approved address numbers, building numbers or approved
505.1 building identification placed in a position that is plainly legible and visible from the street or road fronting the
property. These numbers shall contrast with their background. Where required by the fire code official,
address numbers shall be provided in additional approved locations to Facilitate emergency response. Address
numbers shall be Arabic numbers or alphabetical letters, Numbers shall be a minimum of 4 inches (109.6 mm)
high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the
building cannot be viewed From the public way, a monument, pole, or other sign or means shall be used to
identify the structure. Address numbers shall be maintained,
AF&R 2 Fire Apparatus Access -Shared Access Easement -If a fire apparatus access road crosses onto or over another
property owner's parcel, an easement must be obtained to provide access for fire apparatus. Easement
language needs to include wording that indicates that the shared access easement may not be modified,
removed, or obstructed in any way without priorwritten approval from Ashland Fire & Rescue.
AF&R 3 An approved footpath around the structure is required so that all exterior portions of the structure can be
reached with the Are hose. Any changes in elevation greater than two Feet in height (such as retaining walls)
require stairs. The stairs shall be an all-weather surface, and meet the requirements as specified in the Oregon
Structural Specialty Code. OFC 503.1 A.
AF&R 16 Existing and intentionally planted vegetation is required to meet AMC 18.3.10.104B(2) General Fuel
Modification Area Standards. The Fire Wise landscaping brochure provides diagrams and examples of how to
meet these requirements. www.ashtandfirewise.org. Contact Ashland Fire & Rescue Forestry Division for a
fuel break inspection.
Page 1 of 2
WHZ HE This development is located in a wildfire hazard zone. It is recommended that landscaping planning include:
0-5 feet perimeter around home: make this a non-combustible zone (concrete or non-combustible ground
covering).
0-30 feet perimeter around home: Utilize fire resistant vegetation (See Oregon State University's "Fire
Resistant. Shrubs and Trees in SW Oregon").
0-100 feet perimeter around home: Plan so that fully grown tree crown positioning provides a minimum 10'
horizontal clearance to chimneys or any part of structure, that fully grown tree crown positioning to provide a
minimum 15' clearance to other fully grown tree crowns, and ladder fuels are considered (vegetation like
taller shrubs below trees that will spread fire into tree crown).
Construction Genera( information/Requirements
Development shall comply with access and water supply requirements in accordance with the Oregon Fire Code in affect at
the time of development submittal, Fire apparatus access roads are required to be installed prior to the time of construction.
The approved water supply for fire protection (Fire hydrants) is required to be installed prior to construction when
combustible material arrives at the site.
Specific fire protection systems may be required in accordance with the Oregon Fire Code. This plan review shall not prevent
the correction of errors or violations that are found to exist during construction. This plan review is based on information
provided only. This plan review shall not prevent the correction of errors or violations that are found to exist during
construction, This plan review is based on information provided only.
Design and installation shall meet the Oregon requirements of the International Fire, Building, Mechanical Codes and
applicable NFPA Standards.
Final determination of fire hydrant distance, fire flow, and fire apparatus access requirements will be based upon plans
submitted for Building Permit review. Changes from plans submitted with this application can result in further requirements.
Any future construction must meet fire code requirements in effect at that time. The Fre department contact for this project
is Fire Marshal Ralph Sartain. He may be contacted at (541) 552-2229 or ralph.sartain@ashland.or.us.
If work will be completed during fire season, check fire season Fire prevention requirements found at
www.ashiand.or.us/fireseason.
Ashland Fire & Rescue, 455 Siskiyou Blvd, Ashland OR 97520
541-482-2770 www.ashland.or.us
Page 2 of 2
TALENT IRRIGATION DISTRICT
LAND USE AGENCY RESPONSE FORM
104 W. Valley View Rd.
P.O. Box 467
Talent, OR 97540
NAME OF ENTITY REQUESTING RESPONSE: City Of Ashland
ENTITY REFERENCE NUMBER: RENEW -2022-00334
MEETING REVIEW DATE: June 1, 2022
MAP DESCRIPTION: 39-1E-23BA Tax Lot 0200
PROPERTY ADDRESS: 1345 Tolman Creek Rd., Ashland OR.
Updated 071M15
Phone: 541.-535-1529
Fax: 541-535-4108
Email: tid@talentid.org
❑ NO COMMENT ON LAND USE ISSUE (IF NOT MARDED, CONTINUE BELOW)
NO IF CHECKED
C OMMENr COMMENTS
ARE APPLICABLE
❑ A. WATER RIGHT ISSUES
® 1. Water rights need to be sold to someone or transferred back to Talent
Irrigation District from any newly created impervious surfaces within water
right locations. Number of irrigated acres: .90
Comments: TID water rights are for irri ation purposes only. No other uses
are allowed including use for a processing facility.
AND/OR
® 2. Must have District approval for water rights to remain in place on subject
property. Number of irrigated acres- .90
Comments: If the existing water rights are to be sold or relocated to another
area the applicant must go through the transfer process with the District
Bureau of Reclamation and the Water Resources Department. Water rights
must be removed from any, impervious surfaces.
❑ B. EASEMENTS
DISTRICT EASEMENTS
❑ 1. Easement needs to remain clear. No permanent structures or deep-rooted
plants will be allowed within the easement limits.
Comments:
❑ 2. If facility is to be relocated or modified, specifications must meet the District's
standards and be agreeable to the District. A new written and recorded
easement must be conveyed to the District.
Comments:
❑ 3. If a written and recorded easement does not exist for an existing facility, then
one must be provided in favor of the District.
Comments:
SAM= ClerkMordlPlanning AclionslAshlan"22\1tENBW-2022-00334 1345 Tolman Crit Rd.doex
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PRIVATE EASEMENTS
® 1. Property may have private facilities (ditch or pipeline) that the District does
not manage. Arrangements may need to be made to provide continued service
through the subject property for downstream water users.
Comments:
PRIVATE EASEMENT PROVISIONS FOR MINOR PARTITIONS
AND/OR LOT LINE ADJUSTMENTS
® 1. If the property currently has water rights and it is being partitioned or a lot line
adjustment is being trade, easements must be written and recorded which
allow access for all of the pieces of property with water rights to continue to
have access to the water.
Comments: The property has .90 irrigated acres. Provisions must be made to
provide irrigation to each lot or the water rights must be removed.
WATER METER REQUIREMENT ON TRANSFERRED WATER
RIGHTS
❑ 1. If the water right on this property is a transferred water right that currently has
a water meter requirement, then each of the properties split off of the original
parcel all need to have water meters installed prior to the use of irrigation
water on the newly formed parcels.
Comments:
® C. FACILITIES (including but not limited to pipelines, ditches, canals, control
checks or boxes)
❑ 1. Upgrades to District facilities may be required to support any land use changes
or developments, such as pipe installations or encasing existing pipe under
roads or concrete.
Comments:
❑ D. DRAINAGE/ STORM WATER
® The District relies on the Bureau of Reclamation's Storm Water Policy. No urban
storm water or point source flows will be allowed into the District's facilities
without going through the Bureau of Reclamation process. (Developments in
historically agricultural areas need to be aware of agricultural run-off water and
take appropriate action to protect the development from upslope water.)
Comments:
GENERAL COMMENTS:
1. No interruptions to irrigation water deliveries will be allowed.
2. T.I.D. is a Federal Project and some facilities and/or easement issues may need Bureau of Reclamation
approval.
3. The developer/sub-divider will take all appropriate actions to ensure the reliability and protection of the
original function of the District's facilities.
As required by 2017 ORS 92.090(6) which states as follows: "Subject to any standards and procedures
adopted pursuant to ORS 92.044 (Adoption of standards and procedures governing approval of plats and
plans), no plat of a subdivision or partition located within the boundaries of an irrigation district,
S:lGMer, ClerklWor(Metwing Actions\Ashland12022\RENEW-2022-00334 1345 Tolman Crk Rd.dwx
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drainage district, water control district, water improvement district or district improvement company
sliall be approved by a city or county unless the city or county has received and accepted a certification
from the district or company that the subdivision or partition is either entirely excluded from the district
or company or is included within the district or company for purposes of receiving services and
subjecting the subdivision or partition to the fees and other charges of the district or company."
Talent Irrigation District's fee associated with this planning action is checked below.
❑ Letter of No Concern: $25.00
® Letter With Concern: $110.00
(Fees subject to change)
Date Signed: May 19, 2022
Wanda Derry, Manager
Talent Irrigation District
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�a3y
Pre -App Narrative for 1345 Tolman Creek Fid
13 May 2022
Clason Company LLC is working with the property owner of 1345 Tolman Creek Rd (Marina McDonald)
and the owner's agent (Ron Rezek) to do the following:
1. Partition the existing lot into three parcels, one for each of the existing structures (see Figure 1
which shows the parcel areas and lengths of each boundary line).
2. Install dedicated utilities to each of the parcels (currently each of the structures have utilities
that are tied into the house currently situated on parcel 1).
3. Construct an addition to the existing structure on parcel 3 which will include a 2 car garage, a 1
bedroom ADU above that garage, a master suite, office/bedroom, and additional half bath (see
Figure 2).
4. Add a carport and front porch structure to the two-story duplex structure currently on parcel 2
(see Figure 2). Separate the utilities for each level of this structure.
5. Add a paved driveway between the garage of the house currently on parcel 1 and Tolman Creek
Rd.
The additions, lot areas, and lot coverages for each parcel will meet minimum city requirements for
applicable zoning.
Thank you,
John Clason
Clason Company LLC
541-646-5444
john@clasoncompany.com
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