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Home My WebLink About2757 Flag PartitionsORDINANCE NO. ~'~7,~ ~' AN ORDINANCE AMENDING SECTIONS 18.76.050, 18.76.060 AND 18.08.390 OF THE ASHLAND MUNICIPAL CODE RELATING TO FLAG PARTITIONS THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 18.76.050 of the Ashland Municipal Code is amended to read as follows: 18.76.050 Preliminary Approval by the Planning Commission. If the proposed partition does not appear to comply with the requirements for routine administrative approval, the proposal shall be submitted to the Planning Commission and approved when the following conditions exist: 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 tract of land has not been partitioned for 12 months. D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the land. E. The partitioning is in accordance with the design and street standards contained in the Chapter on Subdivisions. F. When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and specified by City documents, for water, sanitary sewers, storm sewer, and electricity. G. 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. 1. The Public Works Director may allow an unpaved street for access for a minor 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. b. The centerline grade on any portion of the unpaved street does not exceed ten percent. 2. 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 PAGE 1-FLAG PARTITIONS ORDINANCE (p:planning\code\fiaglot.ord) be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. H. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. SECTION 2. Section 18.76.060 of the Ashland Municipal Code is amended to read as follows: 18.76.060 Preliminary Approval of Flag Partitions. Partitions involving the creation of flag lots shall be approved by the Planning Commission if the following conditions are satisfied: A. Conditions of the previous section have been met. B. Except as provided in subsection 18.76.060.L, the flag drive for one flag lot shall have a minimum width of 15 feet, and a 12 foot paved driving surface. For drives serving two lots, the flag drive shall be 20 feet wide, with 15 feet of driving surface to the back of the first lot, and 12 feet, respectively, for the rear lot. Drives shared by adjacent properties shall have a width of 20 feet, with a 15 foot paved driving surface. Flag drives shall be constructed so as to prevent surface drainage from flowing over sidewalks or other public ways. 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. There shall be no parking 10 feet on either side of the flag drive entrance. Flag drive grades shall not exceed a maximum grade of 15%. Variances may be granted for flag drives for grades in excess of 15% but no greater than 18% for no more than 200'. Such variances shall be required to meet all of the criteria for approval as found in 18.100. Flag drives serving structures greater than 24 feet in height, as defined in 18.08.290, shall provide a Fire Work Area of 20 feet by 40 feet 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. Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the Uniform Fire Code and subject to all requirements thereof. Flag drives greater than 250 feet in length shall provide a turnaround as defined in the Performance Standards Guidelines in 18.88.090. C. Each flag lot has at least three parking spaces situated in such a manner as to eliminate the necessity for backing out. D. Curb cuts have been minimized, where possible, through the use of common driveways. PAGE 2-FLAG PARTITIONS ORDINANCE (p:planning\code\flaglot.ord) E. Both sides of the flag drive have been screened with a site-obscuring fence, wall or evergreen 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 at the extreme outside of the flag drive in order to ensure adequate fire access. F. The applicant has executed and filed with the Planning Director 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 Director of Public Works 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 to standards as indicated in this section and the assurance that such maintenance shall be continued. G. A site plan has been approved by the Planning Commission. The site plan shall be approved provided the regulations of the zoning and subdivision titles are satisfied. Such a site plan shall contain the map requirements listed in Section 18.76.050 and the following information: 1. The location of driveways, turnarounds parking spaces and useable yard areas. 2. The location and type of screening. 3. For site plans of a flag lot, the building envelope shall be identified. H. No more than two lots are served by the flag drive. I. 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. J. 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. K. 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 flag pole, improved and maintained with either a concrete, asphalt, brick, or paver block surface from 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 flaglot clearly visible from the street on a 4" X 4" post 31/2 feet high. The post shall be painted white with black numbers 3 inches high running vertically down the front PAGE 3-FLAG PARTITIONS ORDINANCE (p:planning\code\flaglot.ord) of the post. For flagpoles serving two or more dwellings, the addresses of such dwellings shall be on a two feet by three feet white sign clearly visible from the street with three inch black numbers. SECTION 3. Section 18.08.390 of the Ashland Municipal Code is amended to read as follows: 18.08.390 Lot, flag. Any lot which has frontage on a city street which is less than 40 feet, and which is provided with access by an alley or a driveway parallel to the lot line of a lot having standard access. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the 4th day of ./~-~' day of /.~/~ ~i / ADOPTED this ./ Barbara Christensen, City Recorder SIGNED and APPROVED this //~;? day of April , 1995, and duly PASSED and , 1995. (~roved as to form: Paul Nolte, City Attorney Catherine M. Golden, Mayor PAGE 4-FLAG PARTITIONS ORDINANCE (p:planning\code\fl~llot.ord)