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HomeMy WebLinkAboutOak_677_PA-T1-2024-00222CITY OF HLAN D February 1, 2024 Notice of Final Decision On February 1, 2024, the Community Development Director approved the request for the following: Planning Action: PA -T1-2024-00222 Subject Property: 677 Oak St. Applicant: Herb Farber for Victor & Felix Zboralski Description: A request for land use approval for a three -lot partition of a 0.72 -acre lot located at 677 Oak Street. The tentative partition plat submitted with the application indicates that the three resultant parcels will be approximately 0.32 acres, 0.27 acres, and 0.13 acres in size. The application also includes a request for Tree Removal to remove one significant tree, located within the proposed shared driveway. The application includes detailed findings explaining how the proposal meets the relevant criteria. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 39 1E 04 CA; TAX LOT: 2000 The Community Development Director's decision becomes final and is effective on the 12'h day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached, The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact Veronica Allen in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 fax: 541.552.2050 ashland.or.us TTY: $90.735.29OU ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -T1-2024-00222 SUBJECT PROPERTY: 677 Oak Street APPLICANT/OWNER: Herb Farber for Victor & Felix Zboralski DESCRIPTION: A request for land use approval for a three -lot partition of a 0.72 - acre lot located at 677 Oak Street. The application also includes a request for Tree Removal to remove one significant tree, located within the proposed shared driveway. (An identical proposal was approved in 2021, but expired before a final plat was submitted.) COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 39 1E 04 CA; TAX LOT: 2000 SUBMITTAL DATE: January 5, 2024 NOTICE OF COMPLETE APPLICATION: January 16, 2024 STAFF APPROVAL DATE: February 1, 2024 APPEAL DEADLINE (4:30 P.M.) February 15, 2024 FINAL DECISION DATE (4:30 P.M.): February 16, 2024 APPROVAL EXPIRATION DATE: August 16, 2025 Subject Property The subject property is located at 677 Oak Street, on the west side of Oak Street north of its intersection with Jessica Lane. The property is trapezoidal in shape and is zoned R-1-5, a single- family residential zoning with a 5,000 square foot minimum lot size. The rear (west) property line abuts Ashland Creek Park, and Ashland Creek, a riparian stream, is approximately 120 feet to the west. The rear 60-80 feet of the subject property is located within the Ashland Modified Floodplain Corridor for Ashland Creek. Proposal This property was previously approved for the same partition in 2021, but the approval expired on August 2, 2023 without a partition plat submittal. This application serves to act as a "renewal" and requests a new Land Partition approval to create three parcels from the existing property at 677 Oak Street. Parcel 1 would contain the existing residence and would front directly on Oak Street; Parcel 2 would be a flag lot behind Parcel 1, and the southern -most Parcel 3 would front on Oak Street but would take access from a proposed mutual access easement which would include part of the flagpole for Parcel 2 and an adjacent portion of Parcel 3 to minimize curb cuts along Oak Street. The application also includes a request for Tree Removal Permits to remove one significant tree, located in the center of the shared driveway access. Land Partition The first approval criterion for a Land Partition is that, "The future use for urban purposes of the remainder of the tract will not be impeded. " The application materials assert that the size of these parcels along with constraints resulting from the site topography and the presence of Ashland Modified Floodplain lands mean that no additional development is anticipated. 677 oak Street / VA PA #T1-2024-00222 Page I 1 The second approval criterion is that, "The development of the remainder of any adjoining land or access thereto will not be impeded. " The application materials explain that the adjoining land to the west of this parcel is vacant city park land (i.e. Ashland Creek Park) and is largely within the floodplain corridor and is therefore unlikely to develop further. Properties to the north and south front directly on Oak Street, and the proposed partition will not affect their developability. The third criterion is that, "The partition plan conforms to applicable City -adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area. " There are no city -adopted neighborhood or district plans for the Oak Street corridor, and the application materials emphasize that the proposal is consistent with the established development pattern in the vicinity. The fourth criterion for approval is that, "The tract of land has not been partitioned for 12 months. " The application materials explain that the property has not been partitioned since its creation in 1957. This property was previously approved for the same partition in 2021, but that approval expired on August 2, 2023. The fifth criterion is that the, "Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation). " The application materials provided explain that the lots have been designed to meet the dimensional standards of the district, noting that Parcel 3 is proposed with an average width of 50.91 feet. Building envelopes have been designed to reflect the standard setbacks for the R-1-5 zoning district, protect the applicable solar access according to "Standard A", and to limit future development of the property to those areas of the property which are outside of the riparian and floodplain corridors. The sixth criterion is that, "Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See also, 18.5.3.050 Additional Preliminary Flag Lot Partition Plat Criteria. " In this instance, Parcel l is proposed as a flag lot, and the proposed area of the lot after the flagpole is excluded is 10,606 square feet which significantly exceeds the minimum lot area requirement for the R-1-5 zoning district. The flagpole will be in the ownership of Parcel 2, and a mutual access easement will be provided to seine all three parcels via a shared flag driveway. The application materials provided propose a 20 -foot easement width with a gravel driveway, however the flag drive requirements for a drive serving two lots call for a 15 -foot -wide paved driving surface. A condition requiring that the driveway be paved to a 15 -foot width centered in a 20 -foot clear width, and constiucted to prevent surface drainage from flowing over sidewalks or other public ways, has been included below. Until recently, lots served by a flag driveway were required to provide at least three parking spaces situated to eliminate the necessity for vehicles backing out. However, recent code changes adopted as mandated under the Climate -Friendly & Equitable Communities (CFEC) males in OAR 660-012-0440(3) have eliminated off-street parking requirements citywide. Any parking that is voluntarily provided is required to meet the dimensional and circulation requirements of the land use ordinance. 677 Oak Street / VA PA #T1-2024-00222 Page 12 Flag lots are also required to provide a useable yard area of at least 20 feet wide by 20 feet deep. The applications explain that there is ample useable yard area within the floodplain portion. of the lot, outside of the building envelopes, to satisfy this standard. The seventh approval criterion for a Land Partition is that, "The proposed streets, ' utilities, and surface water drainage facilities conform to the street design standards and other requirements in part 1 S. 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. " Oak Street is improved with paving, curbs, gutters, a narrow park row planting strip and sidewalks in this vicinity. The park row lacks street trees, and a condition has been included to require their planting prior to the signature of a Partition Plat. The eighth approval criterion has to do with unpaved streets. In this case, the parent parcel fronts on Oak Street which is fully paved and as such this criterion does not apply. The ninth approval criterion is, "Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. " There is no alley adjacent to the proposed partition. The tenth and final approval criterion for a Land Partition is that, "Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development. " As required under local ordinances, the proposal identifies building envelopes which limit the buildable area of the new parcels to areas entirely outside of Ashland Creek's riparian and floodplain corridors, and as such staff do not believe that state or federal permits are likely to be required here. Tree Removal & Tree Commission Review The application includes a request for Tree Removal Permits to remove one significant tree, an Almond tree (Tree #1561) which is located within the proposed driveway. The application materials provided indicate that the tree is to be removed to accommodate driveway construction and utility installation to serve the proposed parcels. The application materials further suggest that mitigation plantings will be identified as part of the building permit submittals. As part of the previous 2021 partition application, staff had found that the tree showed signs of decline and possible beetle infestation and the removal request was approved with the support of the Tree Commission. No changes have been made to the application since the previous approval. The approval criteria for the approval of a Preliminary Partition Plat are detailed in AMC Section 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. 677 oak Street / VA PA #T1-2024-00222 Page 13 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 sur face. In this case, the slope of the lot shall be graded to meet the final street elevation. d. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks, and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. 1. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development. 677 Oak Street / VA PA #Tl -2024-00222 Page 14 The Additional Flag Lot Partition Plat Criteria are detailed in AMC Section 18.5.3.060 as follows: A. The criteria of section 18.5.3.050 are met. B. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, must meet the minimum square footage requirements of the zoning district. C. Flag drives shall be in the same ownership as the flag lots served. Where two or more lots are served by the same flag drive, the flag drive shall be owned by one of the lots and an easement for access shall be granted to the other lot or lots. D. Except as provided in subsection 18.5.3.060.1 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 sur face. 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 adjacentproperties shall have a width of 20 feet, with a 15 footpaved driving sur face. Width shall be increased on turns where necessary to ensure fire apparatus remain on a paved surface during travel. E. Curb cuts have been minimized, where possible, through the use of common driveways. No more than two flag lots are served by the flag drive. F. Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may be granted for flag drives for grades in excess of 15 percent but no greater than 18 percent ,for not more than 200.feet. Such variances shall be required to meet all of the criteria for approval in chapter 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 -foo t pedestrian path shall be installed within the flagpole and improved and maintained with either a concrete, asphalt, brick, or paver block surface connecting the street to the buildable area of the flag lot. 4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at the street shall be identified by the address of the flag lot clearly visible from the street on a four -inch by four -inch post that is 3'/_� feet high. The post shall be painted white with black numbers three inches high running vertically down the 677 Oak Street / VA PA #T1-2024-00222 Page 15 front of the post. Forflagpoles serving two or more dwellings, the addresses of such dwellings shall be on a two foot by three foot white sign clearly visible from the street with three-inch black numbers. I. Flag drives and f re 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, a drives greater than 150 feet in length shall provide a turnaround (see Fig -tire 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 1B shall provide afire 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 font 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 fare apparatus access is not obstructed by the encroachment of mature landscaping. O. The applicant has executed and filed with the Community Development Department an agreement between applicant and the City for paving and screening of the flag drive. Such an agreement shall specify the period within which the applicant, or agent for applicant, or contractor shall complete the paving to standards as specified by the Public Works Director and screening as required by this section, and providing that if applicant should fail to complete such work within such period, the City may complete the same and recover the full cost and expense thereof f om 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 f om the ground upward. (Ord. 3158 § 9, amended, 09/18/2018) 677 oak Street / VA PA #T1-2024-00222 Page 16 The approval criteria for a Tree Removal Permit are detailed in AMC Section 1$.5.7.040.8 as follows: Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i, e., likely to fall and injure persons or property) or a foreseeable danger ofproperty damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.0.50. Such mitigation requirements shall be a condition of approval of the permit. 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part .18..10. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. C. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. Decision In staff's final assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria. Planning Action #PA -TI -2024-00222 is therefore approved with the following conditions. Further, if any one or more of the following conditions 677 Oafs Street / VA PA #T1-2024-00222 Page 17 are found to be invalid for any reason whatsoever, then Planning Action #PA -TI -2024-00222 is denied. The following are the conditions, and they are attached to the approval: 1. All proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 2. The requirements of the Ashland Fire Department including but not limited to approved addressing, fire apparatus approach & access; limitations on gates, fences or other obstructions; firefighter access pathway; hydrant distances & clearance; fire sprinkler system (if applicable); and wildfire hazard area & fire season limitations shall be complied with prior to the use of combustible materials on-site. Fire Department requirements shall be included on the engineered construction documents for public facilities, and if a fire protection vault is required, the vault shall not be located in the sidewalk. 3. 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 2018-028. 4. For any construction within the adjacent public rights-of-way, including but not limited to utility installations or driveway, curb or sidewalk installation or repairs, the applicant shall obtain necessary permits and inspections from the Ashland Public Works Department. 5. The tract of land shall be surveyed, and the Partition Plat shall be submitted to the city for review and signature within 18 months of the final decision date of the preliminary partition plat. 6. Prior to the submittal of a Partition Plat for signature: a. All easements including but not limited to 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. That a final utility plan for the parcels shall be submitted for review and approval by the Planning, Public Works/Engineering, Electric and Building Divisions prior to signature of the final Partition Plat. The utility plan shall include the location of connections to all public facilities including the locations of water lines and meter sizes, fire hydrants, sanitary sewer lines, storm drain lines and electric services. New or relocated transformers and cabinets shall be located in areas least visible from streets and sidewalks, while considering the access needs of the Electric Department. C. That 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. A final Tree Protection Plan consistent with the standards described in 18.4.5 shall be submitted for the review and approval of the Staff Advisor submittal of the final plat for review and signature. The plan shall identify the location and placement of fencing around the drip lines of all trees, including any trees required to be preserved. The tree protection fencing shall be installed according to the approved plan, inspected, and approved prior to any site work. No construction shall occur 677 oak Street / VA PA #T1-2024-00222 Page 18 within the tree protection zone including dumping or storage of materials such as building supplies, soil, waste, equipment, or parked vehicles. The amount of fill and grading within the drip lines shall be minimized. Cuts within the drip line shall be noted on the tree protection plan, and shall be executed by handsaw and kept to a minimum. No fill shall be placed around the trunk/crown root. e. A Tree Verification Permit shall be applied for and approved by the Ashland Planning Division prior to permit issuance, tree removal, or any site work including demolition, staging, storage of materials, or excavation. The Tree Verification Permit is to inspect the identification of the Almond tree (#1561) to be removed and the installation of tree protection fencing for the trees to be protected on and adjacent to the site within the identified envelopes. The tree protection shall be chain link fencing six feet tall and installed in accordance with AMC 18.4.5.030. f if off-street parking is to be voluntarily provided, prior to submittal of the final Partition Plat for review and signature, a conceptual site plan shall be provided demonstrating that any proposed parking meets the dimensional and circulation requirements of the land use ordinance and, for Parcels 2 and 3, is situated to enable cars to turn and exit forward to the street. 7. Prior to the signature of the Partition Plat: a. That street trees, one per 30 feet of street frontage, shall be installed with irrigation in the parkrow planting strip along the full Oak Street frontage of the parent property. All street trees shall be selected from the Recommended Street Tree Guide's "4 Foot Parkrow" and planted and irrigated in accordance with the Guide's planting instructions and the standards in AMC 18.4.4.030.E. b. That the flag drive shall be paved to 15 -feet centered within a 20 -font clear width with vertical clearance of at least 13 -feet, 6 -inches and be able to withstand 44,000 pounds prior to the signature of the final survey plat. The flag drive shall be constructed to prevent surface drainage fiom flowing over the private property lines and/or public ways in accordance with AMC 18.5.3.060. C. Both sides of the flag drive shall be 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. d. The applicant shall execute and file with the Community Development Department an agreement between applicant and the City for paving and screening of the flag drive specifying the period within which the applicant, agent or contractor shall complete the required paving and screening, and providing that if applicant should fail to complete such work within such period, the City may complete the same and recover the fill cost and expense thereof from the applicant. This agreement shall also provide for the for the on-going maintenance of the required paving and screening. 677 Oak Street / VA PA #T1-2024-00222 Page 19 e. That the separate electric services shall be installed underground to serve all three 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 electric service plan shall be reviewed and approved by the Ashland Electric Department and Ashland Engineering Division prior to installation. f. That the sanitary sewer laterals and water services including connection with meters at the street shall be installed for all three parcels prior to the signature of final survey plat. S. That a mitigation tree to replace the removed almond shall be planted and irrigated within 12 months of its removal. 66, e. clow February 1, 2024 Brandon Goldman, Director Date Department of Community Development 677 Oak Street / VA PA #T1-2024-00222 Page 1 10 AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On February 1, 2024, 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #PA -T1-2024- 00222, 677 Oak Street. XendaffEscuin Signature of Employee G:+,comnde,Ap1ann1ngT1anaing Acfionsfts by Shee60l0ak10ak_67740ak_677_PA-71-202446222NoficingWODkOak_677_PA-71-202400222_NOD_Aifldavit of thdiing.doex 2/112024 f:: r� �Ii PA -T1-2024-00222 391E04CA1401 PA -T1-2024-00222 391E04CD7300 PA -T1-2024-00222 391E04CA1600 ABEL ERIK TRUSTEE ET AL ADAMS RONALD LILINDA PETERSON BATES JESSICA 680 OAK ST 642 OAK ST 258 A ST STE 1 BOX 8 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-202400222 391E04CA1900 PA -T1-2024-00222 391E04CA2203 PA -T1-2024-00222 391E04CA1901 BROWN ROBERT E CLARK LOIS J TRUSTEE ET AL CMMINGS JULIE K ET AL 1070 EMMA ST 936 BLAINE ST 645 OAK ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2024-00222 PA -T1-2024-00222 PA -T1-2024-00222 391E04CA4200 DROSSOS PHIL FARBER HERB FERGUSON AMBER SIHATCH RUSSEL 274 4TH ST PO BOX 5286 440 HELMAN ST ASHLAND, OR 97520 CENTRAL POINT, OR 97502 ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CA4400 PA -T1-2024-00222 391 E04CA2204 PA -T1-2024-00222 391 E04CD7400 FERGUSON DONALD HIDENISE G FORESTER ROSEMARY M TRUSTEE E FURRY RANDY THOMAS/LAURIE LYN 438 HELMAN ST 715 OAK ST 640 OAK ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CD7600 PA -T1-2024-00222 391 E04CA1302 PA -T1-2024-00222 391 E04CA2202 GAFFEY JOHN T TRUSTEE ET AL GILLINGHAM CHRISTOPHERISIMONE LENNERS ANNETTE 627 OAK ST 694 OAK ST 717 OAK ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CA1603 PA -T1-2024-00222 391 E04CA1602 PA -T1-2024-00222 391 E04CAI604 MARYANOFF STEVEN R MCCRACKEN SYLVIA MARIE MOORE MATTHEW FILIBBI L 654 OAK ST 1467 SISKIYOU BLVD 94 646 OAK ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2024-00222 391E04CA2200 PA -T1-2024-00222 391E04CA2101 PA -T1-2024-00222 391E04CA1902 PEDERSEN DAVID F TRUSTEE ET A SAINT GERMAIN D J TRSTE FBO SALTY ROGUE REAL ESTATE LLC 719 OAK ST 4622 DARK HOLLOW RD 2349 N CARTER DR ASHLAND, OR 97520 MEDFORD, OR 97501 LEHI, UT 84043 PA -Tl -2024-00222391E04CA3600 PA -T 1 -2024-00222 391 E04CA2201 PA-T1-2024-00222391E04CD7500 SCIONTI LYNNE TRUSTEE ET AL SCOTT-PEDERSEN FAMILY TRUST E SEYMOUR PAUL J AND PAIGE A FA 468 HELMAN ST 719 OAK ST 637 OAK ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2024-00222 391E04CA1802 PA -T1-2024-00222 391E04CA4600 PA -T1-2024-00222 391E04CA1500 STAMPER THOMAS M TERRALL TERRY L TRUSTEE ET AL TROLLEY LAUREN 637 112 OAK ST 422 HELMAN ST 664 OAK ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-202400222 391 E04CA1201 PA -T1-2024-00222 391 E04CA3701 PA -T1-2024-00222 391 E04CD7100 WAND BRUCE DAVID/SANDRA M WOOLF TERRY YOUNG GWAI LING TRUSTEE ET AL 700 OAK ST 446 HELMAN ST PO BOX 152723 ASHLAND, OR 97520 ASHLAND, OR 97520 SAN DIEGO, CA 92195 PA -T1-2024-00222 391E04CA2000 PA -T1-2024-00222 PA -T1-2024-00222 ZBORALSKI JUNE M ET AL ZBORALSKI FELIX ZBORALSKI JUNENICTOR 2302 WORTHINGTON ST 677 OAK ST 677 OAK ST STEILACOM, WA 98388 ASHLAND, OR 97520 ASHLAND, OR 97520 677 Oak St NOC 02/1/24 33 w. iff L m N' NOTICE OF APPLICATION PLANNING ACTION: PA -TI -2024-00222 SUBJECT PROPERTY: 677 Oak Street APPLICANTIOVVNER: Herb Farber for Victor & Felix Zboralski DESCRIPTION: A request for land use approval for a three -lot partition of a 0.72 -acre lot located at 677 Oak Street. The tentative partition plat submitted with the application indicates that the three resultant parcels will be approximately 0.32 acres, 0.27 acres, and 0.13 acres in size. The application also includes a request for Tree Removal to remove one significant tree, located within the proposed shared driveway. The application includes detailed findings explaining how the proposal meets the relevant criteria. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 39 1 04 CA; TAX LOT: 2000 NOTICE OF COMPLETE APPLICATION: January 16, 2024 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: January 30, 2024 COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488,5305 Ashland, Oregon 97520 Fax: 541.552.2050 ashland.or Lis TTY: 800.735.2900 AS H L Am N D The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice. A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at httos:llgis.ashiand.or.usfdevelopmentproposals/. Copies of application materials will be provided at reasonable cost, if requested. Application materials may be requested to be reviewed in-person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling (541) 488-5305 or emailing planning(a)ashland.or.us. Any affected property owner or resident has a right to submit written comments within the 14 -day comment period to plan ning(a-ashland.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 the application. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staffs decision must be made in writing to the Ashland Planning 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 Veronica Allen at 541-552-2042 or veronica.allen@ashland. or. us In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title l). PRELIMINARY PARTITION PLAT 18.5.3.050 The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met. A. The future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be impeded, C. The partition plan conforms to applicable City -adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area. D. The tract of land has not been partitioned for 12 months. E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation). F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See also, 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria. G. The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and other requirements in part 18.4, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications. H. Unpaved Streets. 1. Minimum Street Improvement. When there exists a 20 -foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan, such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of the street shall be 20 -feet with all work done under permit of the Public Works Department. COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 Fax: 541.552.2050 nshland.or.us TTY: 800,735.2900 ``..: CITY OF ASHLAND Z. 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. TREE REMOVAL PERMIT (AMC 18.5.7.040.13� Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit, 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.10. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks, C. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property, The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e, The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit, COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.6305 Ashland, Oregon 97520 rax: 541.5522050 ashland.or,us TTY: 800.735.2900 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 January 16, 2024 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #PA -T1-2024- 00222, 677 Oak Street. Al ichaeCSuClivan Signature of Employee G:lcomin-&41anninglPlenrxing ActonsTAs 6y Stree11010ak10ak_67710ak_677_PA-TI-2024-00222Weticingl0aI_677_PA-T1-2624-00222-4DG AffidMof Ma€Iing.dncz 1l16f2024 09 LS Arany }iaegeg aj zas!j!jp i do-dod p�ogaa a aa�ana� ap ut}e a�n�{�e�� e� e zaida�{ s !,ege6/e0',(Jane e zallb i „Eaad Ase3 assaape,p sellanbil3 PA -T1-2024-00222 391 E04CA1401 ABEL ERIK TRUSTEE ET AL 680 OAK ST ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CA1900 BROWN ROBERT E 1070 EMMA ST ASHLAND, OR 97520 PA -T1-2024-00222 DROSSOS PHIL 274 4TH ST ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CA4400 FERGUSON DONALD HIDENISE G 438 HELMAN ST ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CD7600 GAFFEY JOHN T TRUSTEE ET AL 627 OAK ST ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CA1603 MARYANOFF STEVEN R 654 OAK ST ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CA2200 PEDERSEN DAVID F TRUSTEE ET A 719 OAK ST ASHLAND, OR 97520 PA -T1-2024-00222 391E04CA3600 SCIONTI LYNNE TRUSTEE ET AL 468 HELMAN ST ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CA1802 STAMPER THOMAS M 637 112 OAK ST ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CD7300 ADAMS RONALD ULINDA PETERSON 642 OAK ST ASHLAND, OR 97520 PA -T1-2024-00222 391E04CA2203 CLARK LOIS J TRUSTEE ET AL 936 BLAINE ST ASHLAND, OR 97520 PA -T1-2024-00222 FARBER HERB PO BOX 5286 CENTRAL POINT, OR 97502 i PA -T1-2024-00222 391 E04CA2204 FORESTER ROSEMARY M TRUSTEE E 715 OAK ST ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CA1302 GILLINGHAM CHRISTOPHERISIMONE 694 OAK ST ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CA1602 MCCRACKEN SYLVIA MARIE 1467 SISKIYOU BLVD 94 ASHLAND, OR 97520 PA -T1-2024-00222 391E04CA2101 SAINT GERMAIN D J TRSTE FBO 4622 DARK HOLLOW RD MEDFORD, OR 97501 PA -T1-2024-00222 391 E04CA2201 SCOTT-PEDERSEN FAMILY TRUST E 719 OAK ST ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CA4600 TERRALL TERRY L TRUSTEE ET AL 422 HELMAN ST ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CA1600 BATES JESSICA 258 A ST STE 1 BOX 8 ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CA1901 CMMINGS JULIE K ET AL 645 OAK ST ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CA4200 FERGUSON AMBER S/HATCH RUSSEL 440 HELMAN ST ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CD7400 FURRY RANDY THOMAS/LAURIE LYN 640 OAK ST ASHLAND, OR 97520 PA -T1-2024-00222 391 E04CA2202 LENNERS ANNETTE 717 OAK ST ASHLAND, OR 97520 I PA -T1-2024-00222 391 E04CA1604 MOORE MATTHEW FILIBBI L 646 OAK ST ASHLAND, OR 97520 PA -T1-2024-00222 391E04CA1902 SALTY ROGUE REAL ESTATE LLC 2349 N CARTER DR LEHI, UT 84043 PA -T1-2024-00222 391 E04CD7500 SEYMOUR PAUL J AND PAIGE A FA 637 OAK ST ASHLAND, OR 97520 E PA -T1-2024-00222 391E04CA1500 TROLLEY LAUREN 664 OAK ST ASHLAND, OR 97520 PA -T1-2024-00222 391E04CA1201 PA -T1-2024-00222 391E04CA3701 PA -T1-2024-00222 391E04CD7100 WAND BRUCE DAVID/SANDRA M WOOLF TERRY YOUNG GWAI LING TRUSTEE ET AL 700 OAK ST 446 HELMAN ST PO BOX 152723 ASHLAND, OR 97520 ASHLAND, OR 97520 ' SAN DIEGO, CA 92195 i i 66p3 do -clod asodro oapeufjuo�pi0q slagessaPPdland rtse3 .. 1 sl!Aeql26/e:)'AJGAer PA -T1-2024-00222 391 E04CA2000 ZBORALSKI ,LUNE M ET AL 2302 WORTHINGTON ST STEILACOM, WA 98388 677 Oak St NOC 01/16/24- 33 ! : do-dod paogat a� aa1anaa ap uiie aan�pey e� a zai�da� laa� �(se� assa�pp,p sa���nbi�3 PA -Tl -2024-00222 ZBORALSKI 677 OAK ST ASHLAND, • - 97520 PA -T1-2024-00222 ZBORALSKI JUNE/VICTOR 677 OAK ST ASHLAND, OR 97520 E 09LS E ZONING PERMIT APPLICATION Planning Division CITY Of 51 Winburn Way, Ashland OR 97520 FILE -ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT Partition Plat Street Address ;�06 Oak Street Assessor's Map o. 391 E 04 CA Zoning R-1-5 APPLICANT Name Felix Zboralski Address Oak Street Name June and Victor Zboralski Address Oak Street Title Consultant Name Herb Farber Address PO Box 52$5 Title Surveyor Name Phil Drossos Address 274 4th Street Pursuing LEED® Certification? ❑ YES © NO Tax Lot(s) 2000 Comp Plan Designation Single Family Residential Phone 253-273-9792 E -Mail zboralskif@gmaii.com city Ashland zip 97520 Phone 425-2553 E -Mail vzboralski@gmaii.com city Ashland Zip 97520 Phone 541-584-5599 E -Mail herb@farberconsuiting.biz city Central Point, Or Zip 97502 Phone 541-482-8474 E -Mail terrain@bisp.net city Ashland zip 97520 I hereby certify that the statements and information contained in this application, Including the enclosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown of their location found to be incorrect the owner assumes full responsibifily. I further understand that if this request is subsequently contested, the burden will be on me to establish, t) that 1 produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact fumished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense. If i have any doubts, I am advised to seek competent professional advice and assistance, DigiloHerbert A Farber Dow: �iyaipm2413:4d by b,14 -Or '" 09-24-2021 Dern: �azt.os.za s�:�e:se -ura3' Applicant's Signature Date As owner of the property involved in this request, I have read and understood the complete application and Its consequences to me as a property owner. 09-242021 Property Owner's Signature (required) date [To be co 0wad by Mir senl Date Received Zoning Permit Type Filing Fee OVER N Wcomm.deOplonningSFan & }{andowAUning Permit Application.doc ZONING PERMIT SUBMITTAL REQUIREMENTS ❑ APPLICATION FORM must be completed and signed by both applicant and property owner. Li PLANNING FEES FORM must be completed and signed by both applicant and property owner. ❑ FINDINGS OF FACT — Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that supports it, Include information necessary to address all issues detailed in the Pre -Application Comment document. ❑ TRUE.SCALE PDF DRAWINGS — Standard scale and formatted to print no larger than 1 1x1 7 Inches. Include site plan, building elevations, parking and landscape details. ❑ FEE (Check, Charge or Cash) ❑ LEED® CERTIFICATION (optional} — Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps. • Hiring and retaining a LEEDO Accredited Professional as part of the project team throughout design and construction of the project; and • The LEED@ checklist indicating the credits that will be pursued. NOTE, • Applications are accepted on a first come, first served basis. • 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. • All applications received are reviewed for completeness by staff within 30 days from application date in accordance with ORS 227,178. • The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting, (Planning Commission meetings Include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St). • A notice of the project request will be sent to neighboring properties for their comments or concerns. • If applicable, the application will also be reviewed by the Tree and/or Historic Commissions. Gkomm-de,i�planningV'ortns & li ndou(Moning Pnnnit Application.doc _ - z �, I--�',•\r /(j` , �`�I._� � ~' 'sem}; �a�e _ , � 'rL__ � ^.- r ® �� u zo f— I r i� -_ moi. '� u�,- �N •� iS I ® �� u zo Q�2 E 4e -_ moi. '� u�,- �N •� ® �� g"I �nX UP Bill III MEM iS I Y I f 10 g"I �nX UP Bill III MEM Finding of Fact Land Partition Victor and Felix Zboralski 677 Oak Street Ashland Oregon 97520 Assessor Map No 391E04CA-2000 Preliminary Partition Plat Criteria (AMC 18.5.3.050): A land partition applicant will need to provide written findings addressing each of the following approval 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. Finding: The size of these parcels along with constraint resulting in topography and the Ashland Modified Floodplain no additional development on this site is anticipated. The properly to the west of this parcel is vacant City Park land with no development plans. B. The development of the remainder of any adjoining land or access thereto will not be impeded. Finding: The back portion of this property is not available for development as described in section A. C. The partition pion conforms to applicable City -adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area. Finding: This partition plan is consistent with the development pattern in this neighborhood. D. The tract of land has not been partitioned for 12 months. Finding: This property has not been amended since it was originally created in 1957. 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). Setbacks (AMC Table 18.2.5.030): Building envelopes would need to be designed to provide required yard setbacks on each lot. Finding: The zoning building envelopes are shown on the attached application map. Lot Width, Minimum (AMC Table 18.2.5.030): The mininniny lot width in the R-1-5 zoning district is 50 feet, and a lot's width shall not exceed its depth. Lot width is the average Page I of 6 horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line. Lot depth is the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line. Finding: The average parcel 3 width is 50.91 feet. Building Envelopes (AMC 18.310.080.H): The subject property contains lands which are located in the Ashland Modified Flood Plan Corridor. All new lots created from areas containing Flood Plain Corridor Land must identify building envelopes containing buildable area (i.e. areas entirely outside of the Flood Plain Corridor) of a sufficient size to accommodate the uses permitted in the underlying zone. This section shall apply even if the effect is to prohibit further division of lots that are larger than the minimum size permitted in the zoning ordinance. Finding: The Ashland Modified Flood Plan Corridor is located on the accompanying site map and is excluded from the building envelope. Tree Inventory, Tree Preservation/Protection/Removal: The final application will needto include a tree inventory identifying all trees greater than six -inches DBH on the subject property, and on adjacent properties within 15 feet of the property line including any streettrees. Protection measures shall be identified for those trees to be preserved, and Tree Removal Permits requested where trees are to be removed. Tree removal would be considered in terms of Tree Removal Permit requirements found in AMC 18.5.7, which regulates the removal of significant trees on vacant or redevelopable R-1 zoned property. A report from an arborist should be provided to address any tree removal permit request and should respond to the applicable criteria. Tree removal permits require mitigation on a one-for-one basis. To comply with city street standards, street trees selected from the approved street tree list would need to be planted with one two-inch caliper tree per 30 feetof the property's street frontage. Finding: The trees subject to removal are identified as tree number 1549 and 1561 on the accompanying site map within the building envelope. Solar Access Performance Standard (AMC 18.4.8.1140): Ashland's solar access ordinance (AMC 1$,4.8, see also: http://ti��tii�ti�r. ashlcnrrl or_ SIB/files/solarbrochure final. R( does not allow a property to shadow a neighbor's property to the north more than a six foot fence on the north property line, called Solar Access "Standard A ". New lots must be designed to preserve this level of solar access for properties to the north by providing a north/south lot dimension which enables a "Standard A " solar setback for a 21 foot high structure that does not exceed one-half of the lot's north -south lot dimension. If an applicant chooses not to design a lot to meet this standard, they would alternatively need to define a "solar envelope" which provides an equivalent protection of the neighbor's solar access, as further detailed below. In preliminary calculations by staff. the minimum north/south lot dimension required here wouldbe 71.77 feet while only about 53.1 feet is vrovided. As 2ro !osedj each lot would nee to identify a solar envelope making clear what heights could be placed on each lot to preserve "Standard A "solar access. Page 2 of 6 A. Assignment of Solar Factor. Land divisions which create new lots shall be designed to permit the location of a 21 foot high structure with a setback which does not exceed 50 percent of the lot's north -south lot dimension pursuant to the following standards. 1. Lots having north facing (negative) slopes of less than 15 percent (e.g., ten percent) and which are zoned for residential uses shall have a north -south lot dimension equal to or greater than that calculated by using Formula I in 8.4.8.020.A.1 2. Lots having north facing (negative) slopes equal to or greater than 15 percent (e.g., 26 percent) or are zoned for non-residential uses shall have a north -south lot dimension equal to or greater than that calculated by using Formula 11 in 8.4.8.020.A.2 Finding: The calculation illustrate a need for a north -south dimension of approximately 72 feet, this is not practical for this land division. B. Solar Envelope. If the applicant chooses not to design o lot so that it meets the standards set forth in subsection A, above, a solar envelope shall be used to define the height requirements that will protect the applicable solar access standard. The solar envelope and written description of its effects shall be filed with the land partition or subdivision plat far the lot(s). Finding: The solar envelope will be defined with the building permit application as needed. C. Lots Affected By Solar Envelopes. All structures on a lot affected by a solar envelope shall comply with the height requirements of the solar envelope. Finding: The solar envelope will be defined with the building permit application as needed. 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 Criteria. Finding: This proposed partition will utilize the existing curb cuts and access for all the proposed parcels as shown on the accompanying site reap utilizing the easement as depicted on the site map. G. The proposed streets, utilities, and surface water drainage facilities conform to the street design stondards and other requirements in port 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: The existing improvements include a 32 -foot curb -to -curb paved width within a 60 -foot right -of- way. No changes are anticipated to the existing street configuration. Undergrounding of existing services and utility installation to serve newly created lots will be installed as identified. Additional Preliminary Flag Lot Partition Plat Criteria (AMC 18.5.3.060): In addition, a land partition creating one or more flag lots will need to provide writing findings in response each of the following approval criteria. The approval authority shall approve a preliminary plot application for a flag lot partition only where all of the following criteria are met. Page 3 of 6 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. Finding: The minimum lot area requirements are meet as identified on the accompanying site map. C. Flag drives shall be in the some ownership as the flag lots served. Where two or more lots are served by the some 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 strip is a part of Parcel 2 with common access as identified on the accompanying site map. D. Except as provided in subsection 18.5.3.050. below, the flag drive serving a single flog lot shall have a minimum width of 15 feet and contain a 12 foot wide paved driving surface. For drives serving two flog 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. Finding: This standard is met with 15 -foot flag strip with a common 20 foot access as identified on the accompanying site map. E. Curb cuts hove been minimized, where possible, through the use of common driveways. No more than two flag lots are served by the flag drive. Finding: As previously addressed common access will be utilized to serve all three parcels. F. Flag drive grades shall not exceed a maximum grade of 1S percent. Variances may be grouted 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 F18.5A Variances, Finding: The grade for the common access will be less than 15 percent with a grade of approximately 5 percent. G. Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other public ways. Finding: The common access slopes away from the public right of way as identified on. the accompanying site map. 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 Page 4 of 6 area of the flog lot. 4. The flog pole width shall be no less than eight feet wide and the entrance of the pole at the street shall be identified by the address of the flag lot clearly visible from the street on a four -inch by four -inch post that is 3% feet high. The post shall be painted white with black numbers three inches high running vertically down the front of the post. For flagpoles serving two or more dwellings, the addresses of such dwellings shall be on a two foot by three foot white sign clearly visible from the street with three-inch block numbers. Finding: This section H does not apply, it is not on an alley. i. Flog 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. . 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 flog drive entrance. M. Flog drives serving structures greater than 24 feet in height as defined in part 18. shall provide a firework 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 on 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 too 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 apporatus access is not obstructed by the encroachment of mature landscaping. 0. The applicant has executed and filed with the Community Development Department on agreement between applicant and the City for paving and screening of the flag drive. Such an agreement shall specify the period within which the applicant or agent for applicant, or contractor shall complete the paving to standards as specified by the Public Works Director and screening as required by this section, and providing that if applicant should fail to complete such work within such period, the City may complete the some 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. (Ord. 3158 § 9, amended, Page 5of6 09/18/2018) Finding: The final design for the parking will be done upon selection of the building plan location within the solar envelope. The design for the future dwellings will be located within the solar envelope which is entirely outside of the Ashland designated floodplain area. The 20x20 foot recreation yard area will lie within the floodplain area. The access will be modified as needed to comply the all fire safety standards per the Fire Department comments. Respectfully submitted, Herb Farber Farber Consulting PO Box 5286 Central Point Oregon 97502 Phone: 541-664-5599 Email: herb@farberconsulting.biz Dated: January 5, 2024 Page 6 of 6