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HomeMy WebLinkAbout150 Church Street Exhibits Motion, Rev. 2.0 Requested to be presented at Appeal of Saladoff Conditional Use Permit A,shland City Council Meeting, Dec. 7,2004 That the Saladoff 150 Church St. Conditional Use Permitfor 9% excess of square footage be approved, anlended by conditions as follows; 1) The Tree Commission shall examine and endorse that the foundation and east side grading design will not endanger the survival of the California Black Oak tree, near the property line between 150 Church St. and 142 Church St. (approximately 45' from Church St.). If the Tree Commission cannot so endorse, it shall, within bounds of technical and financial reasonableness, recommend protective design provisions which the applicant shall incorporate before building permit approval. Measures to consider( only if necessary) might include post and pier sections offoundation, or a notching of the southeast corner of the basement. 2) The applicant agrees to relocate the east side exterior basement entrance 8' farther north, relative to the design originally submitted for review, to bring the construction trenching and stairwell safely beyond the tree dripline. 3) The approved tree conservation plan during construction shall specifically include protection for this tree, whose trunk is on the neighboring property. City of Ashland Planning Exhibit Exhibit # t6S- PA #~()l/-I/O Dat~ 7) tH Staff /Jc/ 4-; o (!) OJ) ('j 0... ~ I" 1"1 ~ lo..-JI . "~ I .1 .~ "<t" \ 0 L, 0 C"'l It " -- r- iP -- i C"'l " .1 l'> ,~ .J <;) t'lI ~~ ~:1 :! .~ : ~ 1 OC:Q'U;:Q) >,C.r::. _ :t:: J2 )<; '5C t'lI Ua.WD.:O, .n i. { I I ..........~, ';.. ~ J \~ii: _ ~. 1 ~~ ... :1" , . or' ...... .~ ." -I , __ s ". \. " r ~ I C"'l ~ 15 o "0 ('j ~ if] o C"'l ~ 'L ('j (!) ::: o C"'l ~ (!) 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""'; ~II "~i I { -..$ I ~ I ~ i I /1 II ;' 1 i i ~I \ : -J d .T City of Ashland Planning Exhibit Exhibit # z,. PA # - '() Date '1/0'/ Staff IN THE MATTER OF PLANl'-IING ACTION #2002-130, REQUEST FOR A LAND ) PARTITION TO DIVIDE THE PROPERTY LOCATED AT 160 CHURCH STREET) FINDINGS, INTO THREE PARCELS. A 'I ARIANCE IS ALSO REQUESTED TO ALLOW FOR) CONCLUSIONS & A LOT (LOT WITH EXISTING HOUSE) TO BE WIDER THAN IT IS DEEP. ) AND ORDERS ) ) ) BEFORE THE PLANNING COMMISSION December 10,2002 APPLICANT: Jim and Jan~ese Williams --------------------..----------------.--------------------------------------------------------------------- RECITALS: 1) Tax lot 3500 of391E 08AD are located at 160 Church Street. The subject property is zoned R-I-7.5; Single Family Residential. 2) The applicant is proposing a Land Partitions to divide the property at 160 Church Street into three parcels and a Variance to allow for a lot to be wider than it is deep. Site improvements are identified on plans on file at the Department of Community Development. 3) The criteria for Minor Land Partition approval are described under the Minor Land Partition Chapter of the Ashland ]\funicipal Code (Chapter 18.76) and are as follows: A) Thefuture usefor urban purposes of the remainder of the tract under the same ownership 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 n.ot 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 streets 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 1Vorks Director and specified by City documents, for water, sanitary sewers, storm sewer, and electrici~y. G) When there exists a 20-ft. wide access along the entire streetfrontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan. Access to 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 streetfor accessfor a minor land partition when all of the following conditions exist: a) The unpaved street is at least 20' wide to the nearest fully improved collector or arterial street. b) The centerline grade on any portion of the unpaved street does not exceed 10%. 2) Should the partition be on an unpaved street and paving is not required, the applicant shall legally 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 costs 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 under grounding 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. 4) Further, the criteria for approval of a flag partition are as follows: A. Conditions of the previous section have been met. B. The partition does not cause undue harm to adjacent property owners. C. Theflag drive for oneflag lot shall have a minimum width of 15ft., and a 12-f1. paved surface. For drives serving two lots, the flag drive shall be 20ft., with 15ft. of pavement to the back f the first lot, and 12ft., respectively, for the rear lot. Drives shared by adjacent properties shall have a width of 20 ft., with a 15ft. paved 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. There shall be no parting for 10ft. on either side of the flag drive entrance.. D. Each flag lot has at least four parking spaces situated in such a manner as to eliminate the necessity for backing out. E. Curb cuts have been minimized, where possible, through the use of common driveways. F. Both sides of the flag drive have been screened with a site-obscuring fence, wall or evergreen hedge to a height of from 4 to 6 ft., except in the front yard setback area where, starting 5 ft. from the property line, the height shall befrom 30-42 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. G. The applicant has executed and filed with the Planning Director an agreement between himself and the City for paving and screening of the flag drive. Such an agreemen.t shall specifY the period within which the applicant or his agent 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 he 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 insurance that such maintenance shall be continued. H A site plan has been approved by the Planning Commission. The site plan shall be approved provided the regulation of the zoning and subdivision titles are satisfied. Such a site plan shall contain the map requirements listed in Section 18.76.050 and thefollowing information: 1) The location of all proposed structure in the partition. 2) The location of driveways, turnarounds and parking spaces. 3) The location and type of screening. 1. No more than two lots are served by the flag drive. J. For the purpose ofmeeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, must 1neet the minimum squarefootage requirements of the zoning district 5) The criteria for a Variance approval are described under the Variance Chapter of the Ashland Municipal Code (Chapt<<~r 18.100) and are as follows: .> A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. B. That the proposal~s benefits will be greater than any negative impacts on the development of the adjacent uses; and willfurther the purpose and intent of this ordinance and the Comprehensive Plan of the City. C. That the conditions or circumstances have not been willfully or purposely self-imposed. 5) The Planning Commission, following proper public notice, held a Public Hearing on December 10th, 2002, at which time testimony was received and exhibits were presented. The Planning Commission approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "0" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds the proposal for a Variance to create a lot to be wider than it is deep is justified and meets all applicable criteria for approval as described in the Variance Chapter (Chapter 18.100). The proposal does not conflict with any laws, ordinances, or comprehensive plan policies. .2.3 The Planning Commission finds the proposal fi)r a Land Partitions to divide the property at 160 Church Street into three parcels m(~ets all applicable criteria for approval as described in the Land Partition Chapter (Chapter 18.76). The proposal, ~ with the exception of the Variance request, does not conflict ,,'ith any laws, ordinances, or comprehensive plan policies. 2.4 The Commission finds that all necessary public facilities, utilities and services are available to service the project. Public: facilities are~ located with adjoining City rights-of-ways or public utility easements and are available to serve the project. Automobile access to the subject property is provided. via Church Street and the adjacent alley extending from Church Street to Pine Street. Church Street is paved to City standards, including curb and gutter. Sidewalks will be provided as a condition of approval. Sewer, water, storm and po.wer are available from either Church Street or the alley. 2.5 The Commission finds that significant natural features have been incorporated within the project. Building envelopes and driveway cOJmections have been located away from trees. 2.6 The Commission finds that the remainder of the developm{mt will not be impeded. 2.7 The Commission finds that the lots accessing off the alley Ineet the access standards in the Partition ordinance. The flag driveway will be improved to meet all of the requirements for flag driveways. 2.8 The Commission finds that the Variance to create a lot wider than it is deep is due to unusual circumstances associated with the lot's relationship with the alley's right-of-way and the location of the existing historic hlOuse. SECTI01~ 3. DECISIO~N 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal for a Land Partition to divide the property at 160 Church Street into three parcels and a Variance to allow for a lot to be wider than it is deep meets all of the applicable criteria noted above. Therefore, based on our overall conclusions; and upon the proposal being subject to each of the following conditions, we approve Planning Action 2002-130. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action 2002-130 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That all necessary public pedestrian and utility easements be provided for sewer, water, streets, electric and phone service prior to recordation of the plat map. In addition, at the time of final plat approval, the property owner shall dedicate additional right-of- way at the intersection of Church Street and the alley. 3) That prior to approval of the Final Plat, a sidewalk and parkrow improvement plan for the Church Street frontage shall be submitted for review and approval by the Staff Advisor and City Engineer. Plan shall be consistent with the Site Design and Use Standards and the Recommended Street Tree List. Improvement plan shall identify a seven foot wide parkow and five foot wide sidewalk along the lot's Church Street frontage. All work shall be completed under the direction of the Engineering Department. The sidewalk and street tree installation in the front of Lot #1 shall be completed prior to issuance of a building permit for either Lot's #2 or 3. The sidewalk and street tree installation in the 1ront of Lot #2 shall be completed prior to issuance of a Certificate of Occupancy Permit for the home on Lot #2. 4) That prior to issuance of a Building Permit for either Lot's #2 or #3, the alley's concrete apron along Church Street be replaced and extended in order to provide a minimum 15' turning radius. All work shall be completed under the direction of the Engineering Depat1ment. 5) That prior to final plat approval, the applicant either install a fire hydrant or sign a cove:nant that each of the new homes will have residential fire sprinklers. In addition, a 13' -6" vertical clearance along the alley shall be maintained. 6) That prior to final plat approval, the applicant shall submit a site plan and cross section drawing for the flag pole's improvements. The improvements near the Oak Trees shall be reviewed and approved by a Certified Arborist or Landscape Design Professional. Oth(~r than the area near the Oak Trees, the improvement shall be at the same grade as the alley. Such improvements shall include a four-foot wide walkway made of either concrete, asphalt, grasscrete, or brick and shall be completed prior to issuance of a Certificate of Occupancy Permit for either new home. 7) That prior to issuance of a Building Permit for either lot, the property owner shall provide a "Tree Preservation Plan", consistent with the measures within the: Tree Protection Ordinance, Section 18.61.200, that is completed by a Certified A.rborist or Landscape Design Professional that evaluates detrimental impacts on the adjacent trees. These types of impacts would include items such as direct linlb loss, direct root loss, hydrogen and oxygen loss, and appropriate landscaping and irrigation within the vicinity of the trees. If it is determined by the arborist that a detrimental impact is possible, the arborist shall provide the property owner with mitigation measures on how to minimize the impact. 8) That at the time of the final plat, a vehicular access easement on Lot #3' s driveway shall be granted for Lots #1 and #2. 9) That prior to issuance of a Certificate of Occupancy Permit for a hOIne on Lot #2, the curb cut in the front of Lot #2 be closed and replaced with curbing. 10) That at the time of the final plat, any vision clearance issues at the allley and Church Street intersection be resolved. /-/~1-0> . Date , . " , \ Planning Action 2002-130 160 Church St. Applicant; Jim and Janese Williams 1. At Final Plan a sidewalk and parkrow plan should be submitted following Site Design and Use Standards and the Recommended Street Tree List. 2. In order to support the health of the existing Oak trees no landscaping should be installed within the dripline of these trees. 3. The Flagpole paving improvements should be of an alternative paving matl~rial and should meander as far out of the dripline as is reasonable in order to maintain the health of the trees. 4. The driveways which fall within the dripline of trees should be gravel or alternative paving material in order to maintain the health of the trees. 5. A dl~sign professional should be consulted for the development of a Tree Protecfion'Plan as required by the Tree Protection Ordinance. (18.61.200A). 6. Tre<~ protection is required on this project as outlined in the Tree Protection Ordinance (18.61.200B) 7. An arborist should clean up the trees in the area of construction prior to construction with the intent to protect trees from construction impacts. City of Ashland Planning Exhibit Exhibit # a. C I PA # ZDO'f-I/l) . Date '2/1/,'I. StaffJ1!Z. ASHLAND STREET TREE COMMISSION SITE REVIEW Applicant ,.-.1 t\1V\<t--,.JOv'Y\Qs.e LU~LtlCumS Address ~00 ~ Commercial Proposed Action: ~C1M& p~ - 3 lots \}a..rW./V\ce - tat LUlder'fho.,y'\deep Recommendation: S-ee a.#-Qc.O.ed ~ ~ ~\\A'\~ treet Tree Commission Representative L~m. Date Follow-up: Date '~;L15 ( o~ Residential V