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Home My WebLink AboutPlanningRecord_PA2007-00455 CITY OF ASHLAND RECORD FOR PLANNING ACTION 2007-00455 PLANNING ACTION: #2007-00455 SUBJECT PROPERTY: 247 Otis Street OWNER/APPLICANT: Sage Development DESCRIPTION: Appeal of the Planning Commission decision to approve a request for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis St. The application was preliminarily approved by city staff on May 24, 2007. Prior to the administrative approval being finalized, a public hearing was requested on June 4, 2007.COMPREHENSIVE PLAN DESIGNA TION: Single-Family Residential; ZONING: R-1-5P; ASSESSOR'S MAP#: 391E 04 BC; TAX LOT: 400. Date Item 7-27-07 8-1-07 7-12-07 7-10-07 Notice of Land Use Appeal submitted by Art Bullock Public notice & criteria, mailing list, affidavit of mailing, newspaper publication Notice of Decision Planning Commission Findings, Conclusions & Orders 7-11-06 Julv 10. 200 Plannina Commission Packet Public notice & criteria Affidavit of mailing, mailing labels, meeting notice Planning Commission Minutes dated 7-10-07 Staff Report dated 7-10-07 Adopted Written Findings from Planning Commission & City Council for approved Outline Plan Application - PA2006-00078 Wetland Delineation Information dated 1-18-07 Final Plan ADDlication Applicant's Findings Traffic Impact Analysis Covenants, Conditions & Restrictions Site Plan & other maps Public Hearing Request & Public Comments Notice of Public Meeting & Minutes - 6-12-07 Paae # 1-2 3-9 1 0-11 12-19 20-282 20-21 22-27 28-31 32-44 45-75 76-78 79-270 80-128 129-197 198-240 241-270 271-274 275-282 rB~@~om~m W JUL 2 7 Z007 ~ City Administrator Martha Bennett City of Ashland 20 East Main 5t Ashland, OR 97520 541-488-6002 By Pursuant to AMC 18.108.11 0(A)(1 ),(2), this an appeal of Planning Action 2007 -00455 Helman Springs Development, 247 Otis St, dated 2007 Ju112. Appellant was a party to the action before the Planning Commission. Basis of the appeal is failure to satisfy AMC 18.88.030(B)(5)(g) Final Plan requirements for street standards, inter alia. Appellant understands the appeal fee is $286 before 2007 Aug1; $293 after 2007 Aug1. The Notice Of Decision letter specifies that the appeal fee is $269. Attached is the appropriate fee, with the understanding that land use appeals are 'on sale' this week. ~r~IIYI Art Bullock 791 Glendower St Ashland OR 97520 July 27, 2007 I 95869 Date ,.. 'd.l ~O l- Cash e Check 0 " 'D Ac~ut Nu~Or :::::::::::: I:::::::: _ lJ ~ :::::::::::: CITY OF ASHLAND Received from C), \- W \ \ OC t. For By -y-- ,:l. Amount --~~TA~$ a ~~ ..00 ~ ~ 11 Planning Department, 51 Winburn Way, Ashland, Oregon 97520 .,..a"1l 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 CITY OF ASHLAND PLANNING ACTION: #2007-00455 SUBJECT PROPERTY: 247 Otis Street OWNER/APPLICANT: Sage Development DESCRIPTION: Appeal of the Planning Commission decision to approve a request for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis St. The application was preliminarily approved by city staff on May 24, 2007. Prior to the administrative approval being finalized, a public hearing was requested on June 4, 2007.COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-5P; ASSESSOR'S MAP #: 39 1E 04 BC; TAX LOT: 400. ASHLAND CITY COUNCIL MEETING: August 21, 7:00 PM, Ashland Civic Center J Notice Is twebv given that I PUBUC HEARING on the following request with NepeCt to the ASHLAND LAND USE ORDINANCE wiH be held before the ASKAND CITY COUNCIL on meeting d8te shown 8bow. The meeting will be lit the ASHLAND CIVIC CENTER. '175 East Main StrMt. Aahlend, Oregon. The ordlnece criteril eppIabIe to thiI eppIiclItion ere IIbChed to this notice. Ontgon Iew atMea that failure to reiae en objection conc:emlng thiI IIppIicdon. either In person or by ....., or failure to provide IUtIicient apeciftc:ity to efford the deciaion meIter en ~ to reepond to the .... precludes your right of eppNI to the Lend Use Ioerd of AppNIs (LUBA) on that i..... F.Hure to specify which orciineIa criterion the obfec;Iion is beIed on eI80 precIudea your right of ....1 to LU8A on that cm.rion. F.llure of the eppIicent to reiae conatItutioMI or other ..... reIaIlng to propGHd concIhions of epprowI with IUfticient apecitlc:lty to eIIow thiI CommIaion to respond to the ..... preclu" en ec:tion for cIIlIMgeI in cin:uit court. A ~ of the lIPPIcaIion. ell documents end 8VIdence relied upon bv the eppIicant end eppIiceble criterie Ire eveileble fOr InlplCdon lit no COlIt end wiI be pnNided lit ........ COlt, if......... A copv of the S18tf RtIport will be ....ebIe fOr lnlpection .,. deya prior to the hearing end wiI be prcMded lit ~ COlt, if requllllld. All meIIIriItI ... .veIIebIe lit the AIhIInd PIMnIng Deperu....... Communitv o.wIopment end EnginMrfng SeMcea, 5' Winbum W." AIhIend. Oregon 87520. During the Pubfic HMrint. the 0uIir 1hlllIIIow...unonv from 1he1pplicent and thoee in ........ conc:emlng this,.,., The ChIlI..... hew the rIIht to IIrnIt the length of IiIetimony end N1qutre that com........ be ......1cIItCI to the ...... crIIIIrI.. Una........ II . COI'IIInuIftCl, if I pII1IoIpent 10........... before the condusIon of the '-Ing. the nICOfd IhIII rWMIn open fOr lit.....,.. deya .... the......... In ~ with the AmIrtcan with DiubIIIthIIct. if you .... epedaI r 1IIItela to pII1ici....1n 1hiI meedng. ,.... COMICt the atv AdmIt"h'''''. otIIce lit 141 _ ta02 (TTY phone number ,....731-2100). NoIIIC8Iion 72 houra prior to the medng wIIlnlbllthe CIty to maar. Nil a"" ........... to .......lICCIIIiblllty to the meedng. (21 CFR 35. 102..... 11M ADA TItle I). If you hew quIItIons or commIIltI c:oncernIng this ........ ... fall he to contICt the Ashland PlannIng DepertmInt, lit M1-4.I3D5. G: otJCa I FINAL PLAN APPROVAL 18.88.030 B5 Criteria for Final Approval Final plan approval shall be granted upon finding of substantial confonnance with the ouUine plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that pennitted in the outline plan. This substantial confonnance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial confonnance shall exist when comparison of the outline plan with the final plan shows that: a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall the number of units exceed those pennitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten (100k) percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. c. The open spaces vary no more than ten (100k) percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten (100k) percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this Title and the approved outline plan. t. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the perfonnance level committed to in the outline plan will be achieved. g. The development complies with the Street Standards. (Ord 2836, S3 1999) APPEAL PROCEEDINGS 18.108.110 Appeal to Council A. Appeals of Type I decisions for which a hearing has been held, of Type II decisions or of Type III decisions described in section 18.108.060.A.1 and 2 shall be initiated by a notice of appeal filed with the City Administrator. The standard Appeal Fee shall be required as part of the notice. Failure to pay the Appeal Fee at the time the appeal is filed is a jurisdictional defect. 1. The appeal shall be filed prior to the effective date of the decision of the Commission. 2. The notice shall include the appellant's name, address, a reference to the decision sought to be reviewed, a statement as to how the appellant qualifies as a party, the date of the decision being appealed, and the specific grounds for which the decision should be reversed or modified, based on the applicable criteria or procedural irregularity. 3. The notice of appeal, together with notice of the date, time and place of the hearing on the appeal by the Council shall be mailed to the parties at least 20 days prior to the hearing. 4. The appeal shall be a de novo evidentiary hearing. 5. The Council may affinn, reverse or modify the decision and may approve or deny the request, or grant approval with conditions. The Council shall make findings and conclusions, and make a decision based on the record before it as justification for its action. The Council shall cause copies of a final order to be sent to all parties participating in the appeal. B. Appeals may only be filed by parties to the planning action. .Parties. shall be defined as the following: 1. The applicant I : I .', -: : ~ ~''" ',.' : ;, ' ::, .' ., . , , ' ,'. ' . 2. Persons who participated in the public hearing, either orally or in writing. Failure to participate in the public hearing, either orally or in writing, precludes the right of appeaJ to the Council. 3. The Council, by majority vote. I..,. " . , 4. Persons who were entitled to receive notice of the actibn but 'did not receive notice' due to error. " I , f(l~ .','Lll.....UI .. ..,:)".,''-;\...l,''-..,;,.,)(i.,lcl,.....II'_,1 I,~., I"'~' '1 O:lc:oauIHIevIplllmiDalNolica Mailecrl2007l2007-004SS CoUllcil AppeaI8,21.07.doc PA-2007-00455 391E04BC 1103 ALSING ALLEN A TRUSTEE ET AL 970 WALKER AVE ASHLAND OR 97520 PA-2007-00455 391E04BC 134 ARMITAGE S E JR/DEBRA A K 205 RANDY ASHLAND OR 97520 PA-2007-00455 391E04BC 1213 BLISS TODD W PO BOX 1608 MONTEREY CA 93942 PA-2007-00455 391E04BC 400 CHAMBERS SYLVIA S 2225 H ST EUREKA CA 95501 PA-2007-00455 391E05AD 508 COCHRAN JOSEPH F/BARBARA A 495 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E05AD 513 DENNETT MARKIMARTHA 1257 SISKIYOU BLVD PMB #136 ASHLAND OR 97520 PA-2007-00455 391E04BC 503 FELGER CAROLEE I TRSTEE FBO 200 TOLMAN CREEK RD ASHLAND OR 97520 PA-2007-00455 391E05AD 162 HILL LINDA MARLENE 1124 DONALDO CT SOUTH PASADENA CA 91030 PA-2007-00455 391E05AD 164 JENSEN STEVE/CAROL 355 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 169 KLINE RICHARD AlKLINE DALE A 400 W HERSEY ST 2 ASHLAND OR 97520 PA-2007-00455 391E04BC 133 AMAROTICO EMILE J/KAREN 195 RANDY ST ASHLAND OR 97520 PA-2007-00455 391E05AD 145 BISACCIA LANCE E POBOX 579 ASHLAND OR 97520 PA-2007-00455 391E05AD 144 BOUSE ANN M 290 CAMBRIDGE ST ASHLAND OR 97520 PA-2007-00455 391E04BC 1003 CLOVER DAVE TRUSTEE 540 LAUREL ST ASHLAND OR 97520 PA-2007-00455 391E05AD 142 COPELAND SANDRA LEE 266 CAMBRIDGE ASHLAND OR 97520 PA-2007-00455 391E05AD 137 ETTERS TERRY R/DEBORAH A PO BOX 954 KLAMATH FALLS OR 97601 PA-2007-00455 391E05AD 168 FLYNN KEVIN/ROXANNE 605 ELIZABETH AVE ASHLAND OR 97520 PA-2007-00455 391E05AD 501 HOLT REBECCA L. 300 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 157 JOHNSON DOUGLAS C/E M MICKE 254 CAMBRIDGE ST ASHLAND OR 97520 PA-2007-00455 391E05AD 143 KNUDSEN SANDRA L 276 CAMBRIDGE ST ASHLAND OR 97520 5-" PA-2007-00455 391E05AD 136 APPLEBERRY LIJA 704 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E05AD 139 BLACK ROBERT HENRY TRUSTEE ET AL 744 PALMER RD ASHLAND OR 97520 PA-2007-00455 391E05AD 159 CHAMBERS CHRISTOPHER LISA TOREN LEAH J 590 ELIZABETH ST ASHLAND OR 97520 Pi\. 2007 00155 391E01BC 1001 CLOVER D,\ 'lE TRUSTEE 510 N L.\UREL ST ,A~SHL.\ND OR 97520 PA-2007-00455 391E04BC 132 DANNER BRYANT C TRUSTEE 821 BERKSHIRE FLINTRIDGE CA 91011 PA-2007-00455 391E04BC 131 FARRELL PATRICIA L 709 N LAUREL ST ASHLAND OR 97520 PA-2007-00455 391E04BC 136 HAMER BERNARD W 196 CAMBRIDGE ST ASHLAND OR 97520 PA-2007-00455 391E05AD 500 JAFFE ROBERTA 344 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 160 KALB JOHN M/SHARI L 580 ELIZABETH ST ASHLAND OR 97520 PA-2007-00455 391E05AD 503 LANG JUDITH M 320 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E04BC 135 LEIGHTON J/JENNINGS BRUCE 206 CAMBRIDGE ST ASHLAND OR 97520 PA-2007-00455 391E05AD 158 MACDONELL DOUGLAS M/SUE M 150 HIGH ST ASHLAND OR 97520 PA-2007-00455 391E04BC 501 MYERS WILLIAM B/MARlE E 1711 VIEWPL MEDFORD OR 97504 PA-2007-00455 391E05AD 161 PALOMA P MARIE 570 ELIZABETH AVE ASHLAND OR 97520 PA-2007-00455 391E05AD 504 RING ERIC ET AL 481 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E04BC 1212 SCHACHTER STEFAN J PO BOX 1192 ASHLAND OR 97520 PA-2007-00455 391E05AD 166 STAVENHAGENJANETL PO BOX 785 MONTEBELLO CA 90640 PA-2007-00455 391E04BC 1100 TAYLOR ANNE C 492 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E05AD 141 WOOD WANDA JO TRUSTEE FBO 275 RANDY ST ASHLAND OR 97520 P A-2007 -00455 SAGE DEVELOPMENT LLC 2305 ASHLAND ST #C446 ASHLAND, OR 97520 PA-2007-00455 391E05AD 506 LIND LAUREN 332 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 138 MCKENZIE MICHAEL TRUSTEE ET AL 6597 CANE LN VALLEY SPRINGS CA 95252 PA-2007-00455 391E05AD 171 OPGENORTH JOHN/MARY LINDON 575 ELIZABETH AVE ASHLAND OR 97520 PA-2007-00455 391E05AD 140 PATTON CLAY/LAURIE 265 RANDY ST ASHLAND OR 97520 PA-2007-00455 391E04BC 100 ROBERTSON BRUCE R/ROBIN 707 HELMAN ST ASHLAND OR 97520 PA-2007-00455 391E04BC 600 SCHOOL DISTRICT 5 885 SISKIYOU BLVD ASHLAND OR 97520 PA-2007-00455 391E05AD 507 STOUT CARLYLE III TRSTE FBO 356 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 165 TIERNEY CARYN L ET AL 295 RANDY ST ASHLAND OR 97520 PA-2007-00455 391E04BC 504 WREN JOHN B JR ET AL 2261 SISKIYOU BLVD ASHLAND OR 97520 P A-2007-00455 THORNTON ENGINEERING JAMES PETERSON 1236 DISK DRIVE #1 MEDFORD, OR 97502 t:, PA-2007-00455 391E05AD 170 MAAG MICHAEL KlGWENEVERE L TUROS 585 ELIZABETH ST ASHLAND OR 97520 PA-2007-00455 391E05AD 511 MEST ALAN D TRUSTEE ET AL 2009 VOORHEES AVE REDONDO BEACH CA 90278 PA-2007-00455 391E04BC 1205 ORREAL LLC 7-15 162ND ST 12-8A NEW YORK NY 11357 PA-2007-00455 391E05AD 117 PERRY SARAH J MAGEE/ANTIONE 705 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E04BC 1102 ROBERTSON DENNIS TRSTEE FBO 531 N LAUREL ST ASHLAND OR 97520 PA-2007-00455 391E04BC 1204 SESSIONS ALICE E TRSTEE FBO 523 N LAUREL ASHLAND OR 97520 PA-2007-00455 391E05AD 100 STRATTON JOHN D TRUSTEE ET AL POBOX214 JACKSONVILLE OR 97530 PA-2007-00455 391E04BC 1104 WERFEL CATHERINE L 21 0 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 167 WYNN BETTY TALBOT TRSTE FBO 315 RANDY ST ASHLAND OR 97520 P A-2007-00455 POLARIS LAND SURVEYING SHAWN KAMPMANN P.O. BOX 459 ASHLAND, OR 97520 PA-2007-00455 KENCAIRN SAGER LAND ARCH 545 "A" STREET ASHLAND, OR 97520 P A-2007-00455 UPPER LIMB-IT P.O. BOX 881 ASHLAND, OR 97520 P A-2007-00455 ART BULLOCK 791 GLENDOWER ASHLAND, OR 97520 P A-2007-00455 CYNDI mON 897 HILL VIEW ASHLAND, OR 97520 P A-2007-00455 N.W. BIOLOGICAL P.O. BOX 671 ASHLAND, OR 97520 P A-2007-00455 DEVIAN AGUIRRE 190 CLOVER LN ASHLAND, OR 97520 7 PIJ- "foot. OO~SS- . cd. ~ o/t;:z;- [J'7 ~cu&d g./..o7 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 Auaust 1. 2007, I caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached Council Appeal 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 # 2007-00455.247 Otis St. ~) ~};/~ Signa e of Employee SIGNED AND SWORN TO before me this 1st day of Auaust, 2007. _OFFICIAL SEAL B. BOSWELL NOTARY PUBUC-OREGON COMMISSION NO. 391525 Wh ~OMMISSION EXPIRES APR. 07. 2009 NO~ My Commission Expires: 4- - 7 -ocr ~ ATTN: ANDREA (CLASSIFIED) PUBLISH IN LEGAL ADVERTISING NOTICE OF PUBLIC HEARING NOTICE IS HERBY GIVEN that a Public Hearing on the following with respect to the Ashland Land Use Ordinance will be held before the Ashland City Council on August 21, 2007at 7:00 p.m. at the Ashland Civic Center, 1175 East Main Street, Ashland, OR. At such Public Hearing any person is entitled to be heard, unless the public hearing portion of the review has been closed during a previous meeting. Appeal of the Planning Commission decision to approve a request for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis St. The application was preliminarily approved by city staff on May 24, 2007. Prior to the administrative approval being finalized, a public hearing was requested on June 4, 2007. Barbara Christensen City Recorder Publish: 8/8/2007 Date e-mailed: 7/31/2007 P. O. # 72136 ~l July 12, 2007 CITY OF ASHLAND Sage Development 2305 Ashland St. Ste C446 Ashland, OR 97520 RE: RE: Planning Action #2007-00455 Notice of Decision At its meeting of July 10,2007, based on the record of the public meetings and hearings on this matter, the Ashland Planning Commission approved your request for a Final Plan approval for the property located at 247 Otis -- Assessor's Map # 39 IE 04 BC; Tax Lot 400. The Ashland Planning Commission approved and signed the Findings, Conclusions and Orders document, on July 10,2007. Approval is valid for a period of one year. Please review the attached findings and conditions of approval. The conditions of approval shall be met prior to project completion. Copies of the Findings, Conclusions and Orders document, the application and all associated documents and evidence submitted, applicable criteria and standards are available for review at the Ashland Community Development Department, located at 51 Winburn Way. This decision may be appealed to the Ashland City Council if a Notice of Appeal is filed within 15 days of the date this notice was mailed and with the required fee ($269.00), in accordance with Chapter 18.108.110 (A) of the Ashland Municioal Code. The appeal may not be made directly to the Land Use Board of Appeals. The appeal shall be limited to the following criteria: SECTION 18.108.110 Appeal to Council. A. Appeals (~fType I decisions for which a hearing has heen held, (~fType II decisions or of Type III decisions descrihed in section 18.1 08.060.A.l and 2 shall he initiated hy a notice qfappealfi/ed with the City Administrator. The standard Appeal Fee shall he required as part of the notice. Failure to pay the Appeal Fee at the time the appeal isfiled is ajurisdictional defect. I. The appeal shall he filed prior to the effective date (~f the decision (~f the Commission. 2. The notice shall include the appellant's name, address. a reference to the decision sought to he reviewed. a statement as to how the appellant qualifies as a party. the date of the decision being appealed, and the specific grounds for which the decision should be reversed or mod(fied. hased on the applicahle criteria or procedural irregularity. 3. The notice (~fappeal. together with notice (~fthe date. time and place (~lthe hearing on the appeal oy the Council shall he mailed to the parties at least 20 days prior to the hearing. 4. The appeal shall he a de novo evidential)' hearing. DEPT. OF COMMUNITY DEVELOPMENT 20 E. Main Street Ashland. Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-552-2050 TTY: 800-735-2900 / rj.l 5. The Council may atfiml, reverse or mod(fY the decisiun and may approve or deny the request, or grant approval with conditions. The Council shall make findings and conclusions, and make a decision based on the record before it as just(ficationfor its action. The Council shall cause copies of a.final order to be sent to all parties participating in the appeal. B. Appeals may only be.tiled by parties to the planning action. "Parties" shall he de.fined as thefollowing: 1. The applicant. 2. Persons who participated in the puNic hearing, either orally or in writing. Failure to participate in the puhlic hearing, either orally or in writing, precludes the right (?f appeal to the Council. 3. The Council, by majority vote. 4. Persons who were entitled to receive notice (~lthe action but did not receive notice due to error. If you have any questions regarding this decision, please contact the Community Development Department between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305. cc: Art Bullock, 791 Glendower Ashland, OR 97520 Cyndi Dion, 897 Hillview Ashland, OR 97520 Lija Appleberry, 704 Willow Ashland, OR 97520 Thornton Engineering, 1236 Disk Drive Ste. I Ashland, OR 97520 KenCairn Sager Landscape Architect, 545 A Street Ashland, OR 97520 Devian Aguirre, 190 Clover Lane Ashland, OR 97520 DEPT. OF COMMUNITY DEVELOPMENT 20 E. Main Street Ashland, Oregon 97520 www.ashland.Or.us Tel: 541-488-5305 Fax: 541-552-2050 TTY 800-735-2900 1/ r;.1 BEFORE THE PLANNING COMMISSION July 10, 2007 IN THE MA ITER OF PLANNING ACTION #2007-00455, A REQUEST FOR A FINAL PLAN APPROVAL UNDER THE PERFORMANCE STANDARDS OPTIONS CHAPTER 18.88 FOR AN 18-UNIT SINGLE-FAMILY RESIDENTIAL SUBDIVISION FOR THE PROPERTY LOCATED AT 247 OTIS STREET. ) ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) ) APPLICANT: Sage Development, LLC RECITALS: I) Tax lot 400 of 39 IE 04BC is located at 247 Otis Street and is zoned R-I-5-P Single-Family Residential. 2) The applicant is requesting Final Plan approval for an 18-unit single-family residential subdivision under the Performance Standards Options. Site improvements are outlined on the plans on file at the Department of Community Development. 3) The criteria for Final Plan approval under the Performance Standards Options are described in Chapter 18.88 as follows: Criteria for Final Plan Approval. Final plan approval shaff be granted upon finding of substantial conformance with the outline plan. Nothing in this proviSion shaff limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan shows that: a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shaff the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shaff these distances be reduced below the minimum established within this Title. c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan. PA #2007-00455 July 10.2007 Page I I~ d. The building size does not exceed the building size shown on the outline plan by more than ten (10%) percent. e. The building elevations and exterior materials are in confonnance with the purpose and intent of this Title and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the perfonnance level committed to in the outline plan will be achieved. g. The development complies with the Street Standards. 4) The Planning Commission, following proper public notice, held a public hearing on July 10, 2007 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 that the proposal to develop an 18-unit single-family residential subdivision meets all applicable criteria for a Final Plan approval described in the Performance Standards Options Chapter 18.88. 2.3 The Planning Commission finds that the Final Plan proposal is essentially the same as the approved Outline Plan. The number of dwelling units has not changed. The yard depths, distances between the main buildings and building envelopes are as shown on the approved PA #2007-00455 July 10. :!007 Pair 2 /8 outline plan. The building elevations included in the Final Plan application are identical to those included in the approved Outline Plan application. The Final Plan application confinns that the project will use the Conservation Housing density bonus and therefore meet the program requirements. 2.4 The Planning Commission finds that the open space locations are consistent with the approved Outline Plan and have increased in size. The Final Plan project includes four open space areas. As approved in the Outline Plan, there is one large wetland open space on the western side of the site and one tree park open space in the northeast comer of the site. Two additional open space areas have been included in the Final Plan application in accordance with the Outline approval. One of the new open spaces includes the well that supplies the private swimming pool and includes a portion of one of the smaller, ditch-like wetlands. The area will be landscaped and include a water feature that is supplied by water from the well and associated spring (see L- I Planting Plan and L-Detail Detail Planting Plan.) The second new open space is to the west of the private swimming pool and includes a wetland. The wetland open space is identical in size and configuration to the approved Outline Plan application. The tree park open space will be identical in size and configuration to the approved Outline Plan application with the addition of condition 3 on page 6 of this report. In the Final Plan application, the size of the tree park open space is reduced by using the eastern portion of the open space area for a flag pole access for Lot 14. This access would be a legal access point, but functional access would be provided by a driveway easement from Drager St. The Lot 14 flag pole would be covered with a landscape easement and not used for vehicle access. Staff believes a better solution is to consolidate the functional and legal access in the same location by delineating the flag pole for Lot 14 in the driveway access from Drager St. This would allow the eastern portion of the tree park open space to physically remain in that open space lot. As a result, condition 3 is suggested which requires that Lot 14 include a flag pole in the proposed driveway location to Drager St. and that the proposed flag pole for Lot 14 to Randy St. be eliminated. As a result, the tree park open space will be the same size and configuration as in the approved Outline Plan application. The wetland delineation was approved by the Oregon Department of State Lands (DSL). The approval letter is dated January 12, 2007 and is included in the packet. After the DSL approval of the wetland delineation, DSL approved the wetland mitigation plan with a removal-fill pennit was issued on February 23, 2007. Consistent with the Outline Plan application, the delineation included four wetlands including one large wetland on the western portion of the parcel, a wetland to the west of the swimming pool building and two smaller ditch-like wetlands in the center of the property. DSL determined the two ditch-like wetlands are "non-jurisdictional" and therefore the wetlands are not required to be preserved under state law. However, the Final Plan application is consistent with the Outline Plan approval in that it retains a portion of one of the ditch-like wetlands in the open space to the east of Lot 15. The wetland to the west of the swimming pool was expanded to include a long narrow area to the north of the pool. The long narrow area of the wetland is due to seepage from the swimming pool. A condition has been added requiring the protection in perpetuity of the long narrow portion of the wetland. PA #2007-004SS July 10; 2007 Page 3 /1 The application includes a water easement for the well and associated spring to address a condition of approval of the Outline Plan. The easement addresses the condition requirements including protection of the well and associated spring in perpetuity, the maintenance and enhancement of the well, Lot 18 and the homeowners association as beneficiaries of the easement and the prohibition of capping, degrading or destroying the well. The Ashland Legal Department has reviewed the easement, and a condition of approval has been added requiring the final document to be reviewed and approved by the Legal Department prior to recording the instrument. A condition of the Outline Plan approval required that the Final Plan application to address whether a Permit is needed to use the spring accessed by the well. The application addresses the issue with a memo which states that well using less than 15,000 gallons a day for uses such as a pool are exempt, and the subject well has a continuous flow of approximately 500 gallons a day. The approved Outline Plan identified 24 trees sized six inches diameter at breast height (dbh) on the subject property and in the adjacent street rights-of-way. The approved Outline Plan identifies twenty of the trees for preservation and seven trees for removal. The Final Plan identifies six of the trees for removal. Tree 14 on the Tree Inventory was originally identified for removal because it was located on a new lot with in a building envelope. However, the number of lots was reduced in the approved Outline Plan which resulted in the location of Tree 14 on Lot 18. Since no construction is proposed on Lot 18, Tree 14 will be preserved. Additionally, the project CC&R's requires protection of all trees identified for preservation in the approved Tree Inventory. 2.5 The proposed streets are consistent with the approved Outline Plan and the Street Standard requirements. The proposal is to provide access to the subdivision by constructing a new public street and alley. The street will run through the property and connect to Otis St. to the south and Randy St. to the north. The street will be built at the Neighborhood Street standard. On Otis St., the frontage of the property on Otis St. will be improved with a parkrow and sidewalk. On Randy St., the frontage of the property will be improved with a sidewalk. An Exception to the Street Standards was granted with the Outline Plan approval to eliminate the parkrow and install a curbside sidewalk due to the wetlands, trees and existing structures in and near the right-of-way. Additionally, the sidewalk on Randy St. will be installed off the site from the properties eastern boundary to the intersection with N. Laurel St. This connection will provide pedestrian access to Helman School and the Dog Park further to the north. Randy St. currently has sidewalks in place on the south side of the street from the east side of the intersection of Laurel St. to the Helman S1. Helman St. has continuous sidewalks on the east side of the street that provides access to the Dog Park. The development's compliance with the Street Standards is also an approval criterion for the Outline Plan. The issue was discussed at length during the course of the Planning Commission and City Council meetings as it was an issue raised by an appellant. The street improvements in the Final Plan application are the same as in the approved Outline Plan P A 2006-00078. The applicant has agreed to sign in favor of a local improvement district for Laurel S1. as required in PA #2007-00455 July 10.2007 Page 4 IS- condition 36 of the Outline Plan approval, and has submitted a determination of traffic impact of the develoPment as required in condition 37 of the Outline Plan approval. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal to develop an 18-unit single-family residential subdivision for the property located at 247 Otis Street is supported by evidence contained within the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2007-00455. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2007-00455 is denied. The following are the conditions and they are attached to the approval: l. That all proposals of the applicant shall be conditions of approval unless otherwise modi fied below. 2. That all conditions of the Outline Plan approval (P A2006-00078) shall remain in effect. 3. That Lot 14 shall be reconfigured on the final survey plat to include a flag pole connection to Drager St. in the location of the driveway access. The proposed flag pole for Lot 14 connecting to Randy St. shall be eliminated and the area shall be incorporated into the tree park open space (Common Property B on the Preliminary Plat). The shared drive portion of the driveway serving Lots 13 and 14 is by definition a flag drive and shall be 20 feet in width clear space and the driveway paved to 15 feet in width until the point where the driveway branches into two separate driveways in accordance with 18.08.195 and 18.76.060.8. The individual driveways to Lots 13 and 14 shall be 15 feet in clear width and 12 feet in paved with in accordance with 18.08.195 and 18.76.060.8. 4. That the long narrow portion of the wetland north of the enclosed swimming pool shall be preserved and protected in perpetuity by a conservation easement, by common area or'some similar instrument. The final instrument shall be submitted for review and approval of the Ashland Planning and Legal departments prior to signature of the final survey plat. 5. That all easements for sewer, water, electric and streets shall be indicated on the final survey plat as required by the City of Ashland. A public pedestrian and bicycle easement shall be indicated on the final survey plat for the multi-use path adjacent to the wetland open space and for the multi-use path linking Drager St. to Randy St. The alley shall be a public alley. 6. That the water easement for the well and the associated spring located in Common Space E as identified in the Preliminary Plat shall be submitted for review and approval of the Ashland Legal Department prior to signature of the final survey plat. 7. That final copy of the CC&R ' s for the homeowners association shall be provided with the final survey plat. CC&R' s shall be revised to describe responsibility of the homeowners association for PA #2007-00455 July 10, 2007 Page S I~ the maintenance of all parkrows and street trees in the public rights-of-way. The wetland maintenance schedule shall be revised to include the wetlands in common areas D and E. The CC&R's shall be submitted for review and approval of the Ashland Legal Department prior to signature of the final survey plat. 8. Applicant shall execute a document as consistent with ALua 18.68. I 50 agreeing to participate in their fair share costs associated with a future Local Improvement District for improvements to Laurel St. and to not remonstrate against such District prior to signature of the final survey plat. Nothing in this condition is intended to prohibit an owner/developer, their successors or assigns from exercising their rights to freedom of speech and expression by orally objecting or participating in the LID hearing or to take advantage of any protection atTorded any party by City ordinances and resolutions. 9. That the utility plan for the project shall be submitted for review and approval of the Ashland Engineering Division prior to signature of the final survey plat. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, fire hydrants, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. The rerouted sanitary sewer and storm drain lines that are being relocated to the new street shall be the same size or larger than the current lines running through the site as required by the Ashland Engineering Division. Any required private or public utility easements shall be delineated on the utility plan. 10. That the existing sewer and storm drain easements running through the site shall be vacated after the signature of the final survey plat and prior to the issuance of any building permits. 11. That the requirements of the Ashland Fire Department including fire apparatus access, hydrant spacing and hydrant flow requirements shall be included in the utility plan prior to the signature of the final survey plat. 12. That the storm drainage plan including but not limited to the design of all required on-site storm water detention systems shall be submitted for review and approval of the Ashland Planning and Engineering Divisions prior to signature of the final survey plat. The permanent maintenance of on- site storm water detention systems must be addressed through the obligations of the homeowners' association and approved by the Public Works Department and Building Division. Any changes to the street and sidewalk configuration, lot configurations and open space areas resulting from the required storm water detention systems shall be processed as a modification of this approval. 13. That the Electric Distribution System Plan shall be reviewed and approved by the Ashland Electric Department prior to signature of the final survey plat. The plan shall include load calculations and the location of all primary and secondary services including transformers, cabinets, street lights and all other necessary equipment. 14. The preliminary engineering for proposed street improvements shall be submitted for review and approval of the Ashland Engineering Division prior to signature of the final survey plat. Street improvements shall be consistent with the approved Outline Plan. The otTsite sidewalk PA 112fKJ';" ..00455 July 10. 2()(J7 Page" 17 improvements on Randy St. connecting the site to Laurel St. shaJl include a wheelchair ramp at the comer. The east and west ends of the sidewalk improvements on Otis St. shall match or be close to the ground level for pedestrian safety and so that the sidewalk can be extended to Elizabeth Ave. and Laurel St. in the future. Accordingly, if necessary, the Otis St. sidewalk shall transition to a curb side sidewalk to provide for future sidewalk extensions in both directions on Otis St. Wheelchair ramps shall be provided on both ends of the off-street multi-use paths adjacent to the western wetland open space and through the tree park open space. 15. That the mulit-use path connecting Drager St. to Randy St shall be eight feet in width and paved with concrete, asphalt or a comparable all-weather surfacing. Fencing shall be a minimum of three from the improved edges of the path to provide clear distance on both sides of the path for safe operation. The clear distance areas shall be graded to the same slope as the improved path to allow recovery room for pedestrians and bicyclists. The clear distance areas shall be limited to landscape materials, and vegetation in excess of 12 inches in height shall not be placed in the clear distance areas. 16. Subdivision infrastructure improvements, including but not limited to utilities, public streets, street trees and irrigation and open space landscaping and irrigation shall be installed or a bond posted for the full cost of construction prior to signature of the final survey plat. If a bond is posted for common area and open space improvements, the common area and open space improvements including but not limited to landscaping, irrigation and pathway improvements shall be installed in accordance with the approved plan prior to the issuance of the ninth building permit (halfway through the building permits for single-family homes). The project landscape architect shall inspect the common area and open space improvements for conformance with the approved plan, and shall submit a final report on the inspection and items addressed to the Ashland Planning Division. The applicant shall schedule a final inspection including the project landscape architect with the Ashland Planning Division of the common areas and open spaces prior to issuance of the ninth building permi t. 17. That a Verification Permit in accordance with 18.61.042.8 shall be applied for and approved by the Ashland Planning Division prior to site work, storage of materials and/or the issuance of an excavation or building permit. The Verification Permit is for the removal of approved trees and the installation of the tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior to site work or storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall and installed in accordance with 18.6 1.200.8. 18. The setback requirements of 18.88.070 shall be met and identified on the building permit submittals including but not limited to the required width between buildings as described in 18.88.070.0. 19. That vision clearance areas at the intersections of streets and alleys throughout the project in accordance with 18.92.070.0 shall be delineated on the building permit submittals for lots located at intersections (i.e. Lots 5, 6, 10, 1 I, 16 and 17). Structures, signs and vegetation in excess of two and one-half feet in height shall not be placed in the vision clearance areas. PA #2007-00455 July 10, 2007 Page 7 I ,~ 20. That all new structures shall meet Solar Setback A in accordance with Chapter 18.70 of the Ashland Land Use Ordinance. Solar setback calculations shall be submitted with each building pennit and include the required setback with the formula calculations and an elevation or cross-section clearly identifying the height of the solar producing point from natural grade. 21. Individual lot coverage calculations including all impervious surfaces shall be submitted with the building permits and shall be in accordance with the approved maximum lot coverage calculations (sheet P-2, Lot Coverage). Pervious driveway and parking areas shall be counted as impervious surfaces for the purpose of lot coverage calculations. 22. That all homes shall qualify in the Ashland Earth Advantage program in accordance with 18.88.040.8.3.a. The applicant shall meet with the Ashland Conservation Division regarding eligible site activities prior to issuance of an excavation permit. The required Earth Advantage documentation shall be submitted with each building permit application. 23. Fence heights within side and rear yard areas adjoining a public right-of-way or open space shall not exceed four feet in height. \\>L,-/~(~"yW~"" , I (,- \ lanning Commission Approva , 7 f'O/O"-7 Date PA #2(KI7-00455 July 10.2007 Page 8 /q ~.... ._~ Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 CITY OF ASHLAND PLANNING ACTION: #2007-00455 (CORRECTED NOTICE - Planning Action # was incorrect) SUBJECT PROPERTY: 247 Otis Street OWNER/APPLICANT: Sage Development DESCRIPTION: A request for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis St. The application was preliminarily approved by city staff on May 24,2007. Prior to the administrative approval being finalized, a public hearing was requested on June 4,2007. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-5P; ASSESSOR'S MAP #: 391E 04BC; TAX LOT: 400 NOTE: The AsWand Tree Commission will also review this Planning Action on July S, 2007 at 7:00 p.m. in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way. ASHLAND PLANNING COMMISSION MEETING: July 10.2007, 7:00 PM, Ashland Civic Center I' ; L' [''--- r ..., I I I _~' i I. I'" I, , . ["1 .. r-' ~.-- i----1'- . ..=..1. - '-~.I ' _nn.' "./ _._ r-~ /.... . t ',. .~- , 1--.-- t t-~~I -.L PA .2007-G~55' l' I I l. J. I' I ' , 247 OTIS ST -. . _..L.. _ _.' J ! I ,SUBJECT PROPERTY '-'--.-. '. I , '------~--~- " >( I ' C-'-'-l<C 1._1-. ,% 1~lnn__ - -"l~C-" ::;r -- -- .1..._. --iIW,-_._ r.-' -. -Y_. _'_. ..1 ,---'--- -----.1 I . I- -'---1 ;i~1 Q OIlS a'L. " r-~._~-_I .~ ~'__----'-'-~ I II r /1 / I ' I I' n'_ --'i :~ 1-L._L,~_j ~-- J I-..---......L-_J__I f-- _L--,,-~ N __' _ J ,s! "_ I. I I ' r--.~--7 ;~.~~ J_ _._A l_ 1 --;!Z r 1--/- '------............ I _.'-J --:::- _.~ --- -- r-- ---~ Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION on meeting date shown above. The meeting will be at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or 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 Commission to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing, In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's ofIIce 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 I). G. \comm-dev\plannmg\NOl1ces M81ledI2007\2007-00455 7-1 O-07.doc 'l AN APPROVAL a5 Criteria for Final Approval a1 plan approval shall be granted upon finding of substantial conformanoe with the outline plan. Nothing in this provision shall limit reduction in the number .)f dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase nor the open spaoe reduced below that permitted in the outline plan. This substantial conformanoe provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformanoe shall exist when comparison of the outline plan with the final plan shows that: a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall the number of units exoeed those permitted in the outline plan. b. The yard depths and distanoes between main buildings vary no more than ten (10%) peroent of those shown on the approved outline plan, but in no case shall these distanoes be reduced below the minimum established within this Title. c. The open spaoes vary no more than ten (10%) peroent of that provided on the outline plan. d. The building size does not exoeed the building size shown on the outline plan by more than ten (10%) peroent. e. The building elevations and exterior materials are in conformanoe with the purpose and intent of this Title and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performanoe level committed to in the outline plan will be achieved. g. The development complies with the Street Standards. (Ord 2836, S31999) o c;(1 G:lcomm-devlplanninglNoticc:s Mailed\2007\2007 -00455 7-10-07.OOc ~-------_.- ~ 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 June 25. 2007, I caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached Public Meeting 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 # 2007-00455.247 Otis. ~ Signature of Employee SIGNED AND SWORN TO before me this JltId. day Of~, 2007. ~ _OFFICIAL SEAL CAROLYN SCHWENOENER NOTARY PUBLIC-OREGON COMMISS(r),\I NO 390825 MY COMMISSION EXPIRE:' MAR. 20, 2009 .-..'- ""-~""'-'--":'"""'--~":>t- Notary blic for State of Oregon My Commission Expires: .J7 - A~ --C7 J {~ G:lcomm-devlplanningIForms & HandoutslAFFIDAVIT OF MAILlNG.doc PA-2007-00455 391E04BC 1103 ALSING ALLEN A TRUSTEE ET AL 970 WALKER AVE ASHLAND OR 97520 PA-2007-00455 391E04BC 134 ARMITAGE S E JR/DEBRA A K 205 RANDY ASHLAND OR 97520 PA-2007-00455 391E04BC 1213 BLISS TODD W PO BOX 1608 MONTEREY CA 93942 PA-2007-00455 391E04BC 400 CHAMBERS SYLVIA S 2225 H ST EUREKA CA 95501 PA-2007-00455 391E05AD 508 COCHRAN JOSEPH F/BARBARA A 495 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E05AD 513 DENNETT MARK/MARTHA 1257 SISKIYOU BLVD PMB #136 ASHLAND OR 97520 PA-2007-00455 391E04BC 503 FELGER CAROLEE I TRSTEE FBO 200 TOLMAN CREEK RD ASHLAND OR 97520 PA-2007-00455 391E05AD 162 HILL LINDA MARLENE 1124 DONALDO CT SOUTH PASADENA CA 91030 PA-2007-00455 391E05AD 164 JENSEN STEVE/CAROL 355 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 169 KLINE RICHARD AlKLINE DALE A 400 W HERSEY ST 2 ASHLAND OR 97520 PA-2007-00455 391E04BC 133 AMAROTICO EMILE J/KAREN 195 RANDY ST ASHLAND OR 97520 PA-2007-00455 391E05AD 145 BISACCIA LANCE E POBOX 579 ASHLAND OR 97520 PA-2007-00455 391E05AD 144 BOUSE ANN M 290 CAMBRIDGE ST ASHLAND OR 97520 PA-2007-00455 391E04BC 1003 CLOVER DAVE TRUSTEE 540 LAUREL ST ASHLAND OR 97520 PA-2007-00455 391E05AD 142 COPELAND SANDRA LEE 266 CAMBRIDGE ASHLAND OR 97520 PA-2007-00455 391E05AD 137 ETTERS TERRY R/DEBORAH A PO BOX 954 KLAMATH FALLS OR 97601 PA-2007-00455 391E05AD 168 FLYNN KEVIN/ROXANNE 605 ELIZABETH AVE ASHLAND OR 97520 PA-2007-00455 391E05AD 501 HOLT REBECCA L. 300 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 157 JOHNSON DOUGLAS C/E M MICKE 254 CAMBRIDGE ST ASHLAND OR 97520 PA-2007-00455 391E05AD 143 KNUDSEN SANDRA L 276 CAMBRIDGE ST ASHLAND OR 97520 f~3 PA-2007-00455 391E05AD 136 APPLEBERRY LIJA 704 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E05AD 139 BLACK ROBERT HENRY TRUSTEE ET AL 744 PALMER RD ASHLAND OR 97520 PA-2007-00455 391E05AD 159 CHAMBERS CHRISTOPHER LISA TUREN LEAH J 590 ELIZABETH ST ASHLAND OR 97520 P,A. 20Q,? QQ455 391EQ4BC HlQ4 CLOVER D,A.VE TRUSTEE 54Q N L'\UREL ST ,A.SHLAND OR 97520 PA-2007-00455 391E04BC 132 DANNER BRYANT C TRUSTEE 821 BERKSHIRE FLINTRIDGE CA 91011 PA-2007-00455 391E04BC 131 FARRELL PATRICIA L 709 N LAUREL ST ASHLAND OR 97520 PA-2007-00455 391E04BC 136 HAMER BERNARD W 196 CAMBRIDGE ST ASHLAND OR 97520 PA-2007-00455 391E05AD 500 JAFFE ROBERTA 344 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 160 KALB JOHN M/SHARI L 580 ELIZABETH ST ASHLAND OR 97520 PA-2007-00455 391E05AD 503 LANG JUDITH M 320 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E04BC 135 LEIGHTON J/JENNINGS BRUCE 206 CAMBRIDGE ST ASHLAND OR 97520 PA-2007-00455 391E05AD 158 MACDONELL DOUGLAS M/SUE M 150 HIGH ST ASHLAND OR 97520 PA-2007-00455 391E04BC 501 MYERS WILLIAM B/MARIE E 1711 VIEWPL MEDFORD OR 97504 PA-2007-00455 391E05AD 161 PALOMA P MARIE 570 ELIZABETH AVE ASHLAND OR 97520 PA-2007-00455 391E05AD 504 RING ERIC ET AL 481 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E04BC 1212 SCHACHTER STEFAN J PO BOX 1192 ASHLAND OR 97520 PA-2007-00455 391E05AD 166 STAVENHAGENJANETL PO BOX 785 MONTEBELLO CA 90640 PA-2007-00455 391E04BC 1100 TAYLORANNEC 492 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E05AD 141 WOOD WANDA JO TRUSTEE FBO 275 RANDY ST ASHLAND OR 97520 P A-2007-00455 SAGE DEVELOPMENT LLC 2305 ASHLAND ST #C446 ASHLAND, OR 97520 PA-2007-00455 391E05AD 506 LIND LAUREN 332 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 138 MCKENZIE MICHAEL TRUSTEE ET AL 6597 CANE LN VALLEY SPRINGS CA 95252 PA-2007-00455 391E05AD 171 OPGENORTH JOHNIMARY LINDON 575 ELIZABETH AVE ASHLAND OR 97520 PA-2007-00455 391E05AD 140 PATTON CLAY/LAURIE 265 RANDY ST ASHLAND OR 97520 PA-2007-00455 391E04BC 100 ROBERTSON BRUCE R/ROBIN 707 HELMAN ST ASHLAND OR 97520 PA-2007-00455 391E04BC 600 SCHOOL DISTRICT 5 885 SISKIYOU BLVD ASHLAND OR 97520 PA-2007-00455 391E05AD 507 STOUT CARLYLE III TRSTE FBO 356 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 165 TIERNEY CARYN L ET AL 295 RANDY ST ASHLAND OR 97520 PA-2007-00455 391E04BC 504 WREN JOHN B JR ET AL 2261 SISKIYOU BLVD ASHLAND OR 97520 P A-2007-00455 THORNTON ENGINEERING JAMES PETERSON 1236 DISK DRIVE #1 MEDFORD, OR 97502 ~~. PA-2007-00455 391E05AD 170 MAAG MICHAEL KlGWENEVERE L TUROS 585 ELIZABETH ST ASHLAND OR 97520 PA-2007-00455 391E05AD 511 MEST ALAN D TRUSTEE ET AL 2009 VOORHEES AVE REDONDO BEACH CA 90278 PA-2007-00455 391E04BC 1205 ORREAL LLC 7-15 162ND ST 12-8A NEW YORK NY 11357 PA-2007-00455 391E05AD 117 PERRY SARAH J MAGEE/ANTIONE 705 WILLOW ST ASHLAND OR 97520 PA-2007-00455 391E04BC 1102 ROBERTSON DENNIS TRSTEE FBO 531 N LAUREL ST ASHLAND OR 97520 PA-2007-00455 391E04BC 1204 SESSIONS ALICE E TRSTEE FBO 523 N LAUREL ASHLAND OR 97520 PA-2007-00455 391E05AD 100 STRATTON JOHN D TRUSTEE ET AL POBOX214 JACKSONVILLE OR 97530 PA-2007-00455 391E04BC 1104 WERFEL CATHERINE L 210 OTIS ST ASHLAND OR 97520 PA-2007-00455 391E05AD 167 WYNN BETTY TALBOT TRSTE FBO 315 RANDY ST ASHLAND OR 97520 P A-2007-00455 POLARIS LAND SURVEYING SHAWN KAMPMANN P.O. BOX 459 ASHLAND, OR 97520 P A-2007-00455 KENCAIRN SAGER LAND ARCH 545 "A" STREET ASHLAND, OR 97520 P A-2007-00455 UPPER LIMB-IT P.O. BOX 881 ASHLAND, OR 97520 P A-2007-00455 N.W. BIOLOGICAL P.O. BOX 671 ASHLAND, OR 97520 P A-2007 -00455 ART BULLOCK 791 GLENDOWER ASHLAND, OR 97520 :;s- A TTN: lEGAL PUBLICATIONS (ANDREA) PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that a Public Hearing on the following items with respect to the Ashland Land Use Ordinance will be held before the Ashland Planning Commission, July 10, 2007 at 7:00 p.m. at the Civic Center, 1175 East Main Street, Ashland, OR. At such Public Hearing any person is entitled to be heard. A request for Preliminary Plat approval for a nine-lot subdivision for the property located at 840 Faith Avenue. A request for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis St. The application was preliminarily approved by city staff on May 24, 2007. Prior to the administrative approval being finalized, a public hearing was requested on June 4, 2007. A request for an Annexation, and Comprehensive Plan and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning R-1-3.5 (Suburban Residential) and R-1 (Single- Family Residential) for an 11.64-acre site comprised of five parcels located at 87 W. Nevada St. and 811 Helman St. (Ashland Greenhouses). The Ashland Comprehensive Plan Map identifies the site for Single- Family Residential development (R-1 zoning). As a result, the proposal includes a Comprehensive Plan Map Change for approximately 42% of the site to modify the Single-Family Residential designation to the Suburban Residential (R-1-3.5 zoning) designation. The proposal requires Outline Plan approval to develop the property as a 68-unit residential development under the Performance Standards Options Chapter 18.88. A Physical Constraints Review Permit is requested to locate a multi-use path in the Ashland Creek Riparian Preservation Area. A Tree Removal Permit is requested to remove a 36-inch diameter at breast height Oak tree. Exceptions to the Street Standards are requested to install curbside sidewalks on both sides of one of the proposed streets (Sander Way), for not locating a street adjacent to natural features being Ashland Creek and to use a private drive to access the 24 cottages rather than the required public street. The application includes a land exchange with the City of Ashland. The proposal is to dedicate 2.42 acres adjacent of the Ashland Creek Riparian Area to the City for parks purposes in exchange for 1.37 acres of the Dog Park in the area of the access and to the south of the existing parking area. Review Process: The first hearing on July 10,2007 at the Planning Commission will be an evidentiary hearing in which the application proposal will be described and public testimony will be taken concerning the facts involved in the application. On August 14,2007, the application will be continued to a public hearing of the Planning Commission in which the evaluation of the project according to the applicable criteria will be presented by staff, public testimony will be taken on the merits of the proposal, and the Planning Commission will deliberate and make a decision on the application in the areas in which they are the final approval body. The decision of the Planning Commission is final for the comprehensive plan and zoning map changes, the outline plan, physical and environmental constraints and tree removal, unless amended by the Development Agreement or annexation approval process by the City Council or by appeal of the Planning Commission decision to the City Council. The Planning Commission will also forward recommendations to the City Council regarding the annexation, development agreement and land exchange. In compliance with the Americans 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 I). By order of the Planning Manager Bill Molnar Publish: 6/30/2007 Date e-mailed: 6/21/2007 Purchase Order: 72129 ~.~ ATTN: LEGAL PUBLICATIONS (ANDREA) PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that a Public Hearing on the following items with respect to the Ashland Land Use Ordinance will be held before the Tree Commission on July 5, 2007 at 7:00 p.m. at the office of Community Development and Engineering Services (Siskiyou Room) located at 51 Winburn Way, Ashland, OR. At such Pubic Hearing any person is entitled to be heard. A request for a Physical & Environmental Constraints Review Permit for the construction of a single-family home and driveway on Hillside and Severe Constraints Lands. The application also includes a request for a Type II Variance to exceed allowed lot coverage by731 square feet due to an existing shared driveway and a request for a Variance to the Solar Setback requirement at 205 Skycrest. A request for Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis St. The application was preliminarily approved by city staff on May 24, 2007. Prior to the administrative approval being finalized, a public hearing was requested on June 4, 2007. A request for Preliminary Plat approval for a nine-lot subdivision for the property located at 840 Faith A venue. A request for an Annexation, and Comprehensive Plan and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning R-1-3.5 (Suburban Residential) and R-1 (Single- Family Residential) for an 11.64-acre site comprised of five parcels located at 87 W. Nevada St. and 811 Helman St. (Ashland Greenhouses). The Ashland Comprehensive Plan Map identifies the site for Single- Family Residential development (R-1 zoning). As a result, the proposal includes a Comprehensive Plan Map Change for approximately 42% of the site to modify the Single-Family Residential designation to the Suburban Residential (R-1-3.5 zoning) designation. The proposal requires Outline Plan approval to develop the property as a 68-unit residential development under the Performance Standards Options Chapter 18.88. A Physical Constraints Review Permit is requested to locate a multi-use path in the Ashland Creek Riparian Preservation Area. A Tree Removal Permit is requested to remove a 36-inch diameter at breast height Oak tree. Exceptions to the Street Standards are requested to install curbside sidewalks on both sides of one of the proposed streets (Sander Way), for not locating a street adjacent to natural features being Ashland Creek and to use a private drive to access the 24 cottages rather than the required public street. The application includes a land exchange with the City of Ashland. The proposal is to dedicate 2.42 acres adjacent of the Ashland Creek Riparian Area to the City for parks purposes in exchange for 1.37 acres of the Dog Park in the area of the access and to the south of the existing parking area. In compliance with the Americans 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 I). By order of the Planning Manager Bill Molnar Publish: 6/23/2007 Date e-mailed: 6/21/2007 Purchase Order: 72129 ~,; CITY OF ASHLAND . ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JULY 10, 2007 (C ])~ CALL TO ORDER - Chair John Stromberg called the meeting to order at 7:00 p.m. at the Ashland Civic Center, 1175 E. Main Street, Ashland, OR. Commlnloners Present: John Fields, Chair Michael Dawkins Dave Dotterrer Tom Dimitre John Stromberg Mike Morris Melanie Mindlin Olena Black Pam Marsh Council Liaison: Cate Hartzell, Council Liaison, absent Staff Present: David Stalheim, Community Development Director Maria Harris, Senior Planner Derek Severson, Associate Planner Sue Yates, Executive Secretary ANNOUNCEMENTS - There will be a special meeting of the Planning Commission on July 31 Sl at 7:00 p.m. at the Council Chambers to begin discussing the Land Use Ordinance revisions and the Siegel amendments. This will be just the first of several opportunities for the public to comment. Stromberg said, as an experiment, he will be sending a consent agenda to the Commissioners about a week in advance of the regular meeting so the Commissioners will have an opportunity to either add or take things off the consent agenda. For example, if there are no changes to the minutes, they could be left on the consent agenda and everything on the consent agenda can be passed at one time. Stromberg said he will be trying at tonight's meeting to hold all the speakers to the applicable criteria. He asked the Commissioners to intervene if he starts to get too rigorous with it. APPROVAL OF AGENDA - Voice Vote: Everyone favored the agenda as it stands. APPROVAL OF MINUTES MarshlDotterrer m/s to approve the minutes of the May 29,2007 Planning Commission Study Session. Voice Vote: Approved. Dotterrer/Marsh m/s to approve the June 2,2007 Planning Commission Retreat minutes. Voice Vote: Approved. Dotterrer/Dawkins m/s to approve the minutes of the June 12,2007 Hearings Board meeting. Voice Vote: Approved. Dotterrer/Morris m/s to approve the minutes of the June 12,2007 Planning Commission meeting. Voice Vote: Approved with Black and Marsh abstaining. Dimitre/Marsh m/s to approve the minutes of the June 26, 2007 Planning Commission Study Session. Voice Vote: Approved. PUBLIC FORUM - No one came forth to speak. TYPE II PUBLIC HEARINGS PLANNING ACTION: PA2007.0cM55 SUBJECT PROPERTY: 247 0tiI StrIIt OWNER/APPLICANT: Sage Development LLC DESCRIPTION: A request for Final Plan approval underth. Performance Standards Options Chapter 18.88 for an 18-unlt l'IIIdentIaI subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property IocIttd at 247 Otis Street. Th. application WIt preliminarily approved by city staff on May 24, 2007. Prior to the admlnistratlv. approval bling finalized, a public htaring WIt requtltld on Jun. 4, 2007. Ex Parte ContactsIBiasIConfiict of Int.rest - Dawkins had a site visit. Black had a site visit. She did not feel she could judge this action objectively and chose to step down and left the room. No other Commissioners had additional site visits. ~9 STAFF REPORT Hanis explained the Ippl'OVal critaia for FiDIl Piau. u nfea~ in the Statr~ FiDIl Piau. wuldmiDiJlratiwly approved on May 24, 20071Dd a requeat for public beuiaa wu receiwd on JUDe 4*,2007. SiDce 0udiDe PIaD, the only clwlges have been to the opeIllI** dill Ire in direct reIpODIe to the CoaditioDa of Ippl'OVal attIcbecl to 0utIiDe PIaa.. Tbere were two open 8pICeI1Dd there Ire DOW four in FiDIl PIaa.. Condition 3 bas been added reconfiguriDg Lot 14 to iDclude a t1aa pole CODDeCtion to the DeW Itreet in the IUbdiviaioa., elimiDatiug the driveway access IDd eliminating the t1aa pole connecting to Randy. Final Piau. identifies six trees for removal. The easement for the water wu a requirement for Outline Piau. and the applicants have provided language for it Also, the Division of State Lmds (DSL) approved the wetland delineation as reflected in the Final Plan. Harris handed out suggested changes to Conditions 14 and IS. Staft'is suggesting deleting the last sentence of Condition 14 and it will say "Wheelchair ramps shall be provided on both ends of the off-street multi-use path adjacent to the wetland open space and through the tree park open space." Condition IS requires the path through the treed open space be paved and eight feet in width. The standard for a multi-use path is six to ten feet and is required to be paved. Besides the requirement, in the findings for Outline Plan, the path through the open space was found to be an important transportation connection so that people can get from the middle of the subdivision on the south side of the subdivision to the comer, out to the Randy Street sidewalk. The Findings state specifically "pedestrians and bicyclist" Paths need to be designed for all kinds of users. Dimit:re understood we wanted a letter from the Oregon Water Resources Department about the permit Is a letter from the applicant adequate verification that no permit is required? PUBLIC HEARING Devian Aguine, Sage Development, 190 Clover Lane, introduced Kerry KenCaim, landscape designer and Mike Thornton, civil engineer. Aguine said they have met the Conditions of approval for Outline Plan. They have succeeded in being approved by the State for the wetlands review. She said she would prefer using a permeable surface on the path between the newly formed Drager and Randy. She would like to make it hlndicap accessible, but permeable. With regard to water rights, there is information from Harold Center, a certified Water Rights Examiner. KenCaim contacted the Water Master and found there is no requirement for . water right for the stated use. Dimit:re asked the applicant about Condition 37. Aguine said they do not have a problem. with the LID. KenCaim said DSL reviewed their delineation of the wetlands and ended up addiug a finger of wetland and decided two of the wetlands they mitigated for are not wetlands. The mitigation requirement is I SO percent and they Ire way over that percentage. KenCaim said they would prefer to use a more natural path, but because the path will be a major transportation route through a subdivision they are willing to agree to a paved surface. CYNDI DlON, 897 HIIIvIew DrIv', addressed four items. o Storm Drain Detention: She understands the City is probably going to suggest they have an oversized storm drain detention system to potentially cool the very warm water that is comina out of the spring box. She is not happy that this has to be heavily engineered. She would rather have it openly ponded than undergrounded and under the street How much estimated water will be detained before going down Glendower? o Multi-Use Path: She is hoping the Planning Commission will consider a pervious surface. The trees are large maples that require a lot of water. She would like to see the path six feet wide. o She thanlr"" Staff for recommending Lot 14 to access off Drager. WA APPLEBERRY, 1M WIllow SIrMt, agreed with almost all of what Dion has said. She believes they have dealt with the water and spring in a respecttW manner and is optimistic that the piau. will work. ART BUlLOCK, 711 GIIndower, in addreains the criteria DOted what he believes to be the ~in"'a issues: o The major access streetS have not been identified and there has not been a commitment or requirement u required by code that the stnleta be improved to City Standards. . o He does not believe the DOIl-1'eIDODItrIDce aareement satisfies the law with reprd to the Laurel Street LID. As soon u the project is approved, the applicant can chaaae bet mind, void the non-remonstrance qreement, and not participate in the LID. AIIfLAII) ~ co..SKIN ......... ETNa -- JULY 10, 2lI07 2 ~'t a The Tree Commission has not considered this application due to their meeting cancellation and lack of quorum. He wanted them to review 1) impervious surfaces vs. pervioUs surfaces under the maple trees near the path, and 2) the driveway from Randy Street to Lot 14. o He believes the water feature uses water, yet the easement document does not satisfy the requirement that the water be protected for the homeowner's association. There is no guarantee the water feature will get any water at all. a There is no document in the tile showing the pool must be protected in perpetuity as per DSL. Instead, the Condition says to do it later and let the Legal Dept. approve it. That robs the public any opportunity to object at a public hearing. a The Water Master's letter and details are not adequate to satisfy the Condition. They need a decision from the Water Master on the rights related to this property. a There are still too many unknowns concerning the storm drain detention. He is especially concerned with the heat of the water and the amount of water. Rebuttal - Aguirre said it is noted in the packet that the water temperature bas been tested and is from 80 to 81 degrees. The storm water detention issues are technical in nature and she is not qualitied to deal with it. That bas been left to their civil engineer and the City's Utility Department. KenCairn said they can use pervious paving (pervious concrete, asphalt or other) in the tree protection zones. She explained that the water that is going to be in the street, underground and detained is just the water off the streets, not any of the wetland or spring water. She said the water coming out of the ground on this property and going into a swimming pool does not require a permit. KenCairn explained that the surveyor attempted to create a legal way to create Lot 14 and give it public street presence. Thornton said they are happy to follow the Condition regarding storm water detention. Aguirre added that she bas not bad an experience in breaking a commitment after signing a LID. It is not her decision to improve Laurel. KenCairn thought the Condition regarding the mutli-use path should be amended to read "That paving within the tree protection zone shall be pervious paving." It is Aguirre's understanding that the well is more than capable of supplying adequate water flow to supply the pool and the water feature. As long as the water flows, it will go one-half to the homeowner's association and one-half to Lot 18. Stromberg closed the public hearing and the record. Staff Respon.. by Staff and Ltgal Counsel Harris said the CC&R's state the fencing has to be no greater than four feet in height on all the common areas. The Condition will allow some latitude the way it is written regarding the path and is acceptable because there is a clause "all weather comparable surfaces." Richard Appicello, Assistant City Attorney, addressed the compliance with Street Standards and referred to Page 10 of the Council Findings of Fact, Conclusions of Law and Order dated January 2,2007. He said Page 11 of the Findings addresses the Laurel Street LID. The delegation of the easement was also raised before the Council and is addressed on Page 12 of the Findings. Stalbeim said the Tree Commission is an advisory body and is not required to review plans. Appicello said the letter from the engineer concerning water rights, provided by the applicant, is acceptable. With regard to Condition 37, the language came from Page 10 and 11 from the Council Findings. Stromberg asked about the assertion that we don't know if the storm drain detention will sufficiently cool the water. Harris responded this is an Outline Plan criteria - there is adequate capacity of all the public facilities, including storm drains. She knows that Engineering and the applicant are working on a detention system and they are aware of the concerns. Stalbeim said because the path is a public easement, the applicants need to comply with Americans with Disabilities (ADA). ASHLAND PLANNIfG COIMSSION REGULAR IIEETWG IMUTES JULY 10, 2007 3 5" COMMISSIONERS' DISCUSSION AND MOTION FleldllDotttlTlr mls IpprOYI Final PIIn for PA2007 -G0455 with the Imtnded Conditions 14 and 15 by StIff . foIlowI: "Wheelchair ramps shall be provided on both endI of the off-ltrMt multi-ule path adjacent to the wetland open space and through the trH park open space." There will be pervious path ...... around dripllnes and protected trees. Dimitre amended the motion that evidence be presented from the Oregon Water Resources Department that a permit is not required. And, if a permit is required, the applicants are required to obtain a permit. The motion died for lack of a second. Roll Call: The motion carried with Stromberg, Morris, Fields, Mindlin, Dottenw, Marsh, Dawkins voting "yes" and Dlmltre voting "no." Black rejoined the meeting. PLANNING ACTION: SUBJECT PROPERTY: OWNER/APPLICANT: DESCRIPTION: Avenue. PA2007.00990 840 Faith Avenue Curtis P. Wine A request for Preliminary Plat approval for a nine-lot subdivision for the property located at 840 Faith Ex Parte ContactslBlaslConfllct of Interest - Dawkins has had several site visits and expressed his distress that the application is for single family detached residential units instead of multi-family units. However, he does not believe he is biased and can listen to the testimony and make an impartial decision. Black had a site visit and noticed a significant amount of impervious surface. Morris did not have a site visit but his aunt lives on Glendale and he had a discussion with her a long time ago about what he thought was a previous application. He can be impartial. Dotterrer and Marsh had a drive-by site visit but observed nothing in particular. Mindlin, Stromberg, Fields and Dimitre did not have a site visit or ex parte contact. No one stepped forward to challenge. STAFF REPORT Severson explained how the applicant had a pre-application in 2006 proposing to up-zone the property to R-2 and do a 23 lot Performance Standard development, including two attached four-plexes as well as the rest detached homes on small lots. Staff raised issues about neighborhood housing pattern compatibility, solar, clustering of affordable housing, and R-2 design requirements for separation between buildings. The applicants met with the Housing Commission and they also met with the neighborhood. After looking at how to respond to the items, the applicants did not think they could make the project pencil as an R-2 development and still offset the cost of affordable housing and a zone change. Severson described the site and the project. The existing church is proposed to be demolished and the lot subdivided into nine lots. The homes will be 1300 to 1690 square feet designed to meet solar on relatively narrow lots. The applicants are proposing to remove the locust trees along Faith Avenue in order to install a sidewalk and parkrow. They have provided a tree removal and tree protection plan. Staff believes the application satisfies the criteria and is recommending approval with the attached Conditions. Condition 7 can be deleted because there was no recommendation from the Tree Commission due to their lack of meeting. Marsh noted a letter from Zane Jones regarding trees on the neighboring properties. Severson said he added Conditions to address Jones' concerns. One Condition asks for an arborist's report addressing the trees prior to signature of the final survey plat. The homes currently meet solar but if the applicants should choose to make changes, they will be constrained by the solar setback and lot coverage. Because it is a Subdivision they are not constrained by envelopes or the building content. They are constrained by solar setbacks and lot coverage. PUBLIC HEARING CURT WINE, 895 Neil Creek Road, said the 23,000 square foot building was built in 19510riginally for a big meeting place. The church wants to move from the property. RAY KISTLER, 2025 Butler Creek Road, stated this is a straight-forward application with just nine lots. The applicant did not wish to get involved with any Variances or anything that would complicate the process and give an opportunity for appeal. They had neighborhood meetings and no opposition to the project was voiced. The neighbors did express a concern with additional parked cars on Faith. ASHLAND PI.ANNItG Co.ISSION REGULAR IEETING ..ures JULY 10, 2007 4 81 ASHLAND PLANNING DEPARTMENT STAFF REPORT July 10, 2007 PLANNING ACTION: 2007-00455 APPLICANT: Sage Development LLC LOCATION: 247 Otis St. ZONE DESIGNATION: R-I-5P COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential APPLICATION DEEMED COMPLETE: May 23, 2007 120-DAY TIME LIMIT: September 20, 2007 ORDINANCE REFERENCE: 18.88 Performance Standards Options REQUEST: Final Plan approval under the Performance Standards Options Chapter 18.88 for an 18-unit residential subdivision, including one lot containing the existing home and swimming pool structure on the site, for the property located at 247 Otis St. I. Relevant Facts A. Background - History of Application The Final Plan application was preliminarily approved by city staff on May 24, 2007 (P A 2007-00455). Prior to the administrative approval being finalized, a public hearing was requested on June 4,2007. The City Council granted Outline Plan approval for an 18-unit single-family residential subdivision and an Exception to the Street Standards to allow curbside sidewalks to preserve trees, wetland and the existing residence application on January 2, 2007 (P A 2006-00078). The Planning Commission decision on the P A 2006-00078 was appealed. The Planning Commission granted Outline Plan approval for an 18-unit single-family residential subdivision and an Exception to the Street Standards to allow curbside sidewalks to preserve trees, wetland and the existing residence on July 11, 2006 (P A 2006-00078). There are no other planning actions of record for this site. Planning Action 2007~ ApplIcant: Sage Development LlC ~) ,;I, Ashland Planning Department - Staff Report mh Page 1 of 13 B. Detailed Description of the SIte and Proposal The parcel is 4.34 acres in size, and is zoned Single-Family Residential (R-1-5). The project site is situated in the center of the block between Randy St. and Otis St., and Elizabeth Ave. and N. Laurel St. The subject parcel as well as the surrounding properties and neighborhood are located in the R-I-5 Single-Family Residential district. The properties directly surrounding the site as well as in the larger neighborhood are developed as single-family homes. A single-family residence and a large outbuilding that houses a mineral spring swimming pool are situated near Randy St. on the property. There is also a small accessory building in the center of the site. The site is moderately sloped with the western portion averaging approximately a 5% downhill slope to the north and the eastern portion averaging approximately a 2% slope to the north. The application includes a tree inventory which identifies 24 trees six inches diameter at breast height (dbh) and greater. The majority of the trees are located in the northeast comer of the property and along the Otis St. frontage. Four wetlands and a series of mineral springs are located on site. The largest mineral spring is located in the eastern portion of the site and is enclosed in a well. The large mineral spring is used to supply the swimming pool on the property. The swimming pool has been in place since the 1920's, and historically was used as a public swimming pool and known as the Helman Baths. 1. Final Plan for Performance Standards Options Subdivision The applicant is requesting Final Plan approval for an 18-lot subdivision under Chapter 18.88 Performance Standards Option. The proposal is to subdivide the property for the development of 17 new single-family homes. The existing residence and swimming pool structure will remain on one lot. Four lots are proposed to meet the open space requirement. A sample elevation is provided for the residential units. The project includes four open space areas. As approved in the Outline Plan, there is one large wetland open space on the western side of the site and one tree park open space in the northeast comer of the site. Two additional open space areas have been included in the Final Plan application in accordance with the Outline Plan approval. One of the new open spaces includes the well that supplies the private swimming pool and includes a portion of one of the smaller, ditch-like wetlands. The area will be landscaped and include a water feature that is supplied by water from the well and associated spring. The second new open space is to the west of the private swimming pool and includes a wetland. The application includes landscaping plans for the open space areas and planting strips adjacent to streets (see Wetland Planting Plan W-4, Planting Plan L-l and Detail Planting Plan L-Detail). Planning Action 'nJ7.00455 AppIIcInt: Sage Development LLC Ashland Planning Department - Staff Report mh 2,5 Page 2 of 13 II. Proiect ImDaCt The project requires Final Plan approval since it involves the creation of residential lots in the R-l zoning district using the Performance Standards Options in Chapter 18.88. In accordance with Chapter 18.108, the Final Plan application was preliminarily approved by city staff on May 24, 2007. Prior to the administrative approval being finalized, a public hearing was requested on June 4, 2007. The hearing request letter is included in the packet. A. Final Plan Application In Staff's opinion, the Final Plan application is consistent with the approved Outline Plan, satisfies the conditions of approval of the Outline Plan and meets the approval criteria for a Final Plan. The Final Plan proposal is essentially the same as the approved Outline Plan. The number of dwelling units has not changed. The yard depths, distances between the main buildings and building envelopes are as shown on the approved outline plan. The building elevations included in the Final Plan application are identical to those included in the approved Outline Plan application. The Final Plan application confirms that the project will use the Conservation Housing density bonus and therefore meet the program requirements. The project includes four open space areas. As approved in the Outline Plan, there is one large wetland open space on the western side of the site and one tree park open space in the northeast comer of the site. Two additional open space areas have been included in the Final Plan application in accordance with the Outline approval. One of the new open spaces includes the well that supplies the private swimming pool and includes a portion of one of the smaller, ditch-like wetlands. The area will be landscaped and include a water feature that is supplied by water from the well and associated spring (see L-l Planting Plan and L-Detail Detail Planting Plan.) The second new open space is to the west of the private swimming pool and includes a wetland. The Tree Commission had not yet reviewed the landscape and tree plans at the time of writing. The wetland open space is identical in size and configuration to the approved Outline Plan application. The tree park open space will be identical in size and configuration to the approved Outline Plan application with the addition of condition 3 on page 6 of this report. In the Final Plan application, the size of the tree park open space is reduced by using the eastern portion of the open space area for a flag pole access for Lot 14. This access would be a legal access point, but functional access would be provided by a driveway easement from Drager St. The Lot 14 flag pole would be covered with a landscape easement and not used for vehicle access. Staff believes a better solution is to consolidate the functional and legal access in the same location by delineating the flag pole for Lot 14 in the driveway access from Drager St. This would allow the eastern portion of the tree park open space to physically remain in that open space lot. As a result, condition 3 is suggested which requires that Lot 14 include a flag pole in the proposed driveway location to Drager St. and that the proposed flag pole for Lot 14 to Planning Action 2007-00455 Appbnt Sage Development LLC ""LL ~T Ashland Planning Department - Staff Report mh Page 3 of 13 Randy St. be eliminated. As a result, the tree park open space will be the same size and configuration as in the approved Outline Plan application. The approved Outline Plan identified 24 trees sized six inches diameter at breast height (dbh) on the subject property and in the adjacent street rights-of-way. The approved Outline Plan identifies twenty of the trees for preservation and seven trees for removal. The Final Plan identifies six of the trees for removal~ Tree 14 on the Tree Inventory was originally identified for removal because it was located on a new lot with in a building envelope. However, the number of lots was reduced in the approved Outline Plan which resulted in the location of Tree 14 on Lot 18. Since no construction is proposed on Lot 18, Tree 14 will be preserved. Additionally, the project CC&R's requires protection of all trees identified for preservation in the approved Tree Inventory. The wetland delineation was approved by the Oregon Department of State Lands (DSL). The approval letter is dated January 12, 2007 and is included in the packet. After the DSL approval of the wetland delineation, DSL approved the wetland mitigation plan with a removal-fill pennit was issued on February 23,2007. Consistent with the Outline Plan application, the delineation included four wetlands including one large wetland on the western portion of the parcel, a wetland to the west of the swimming pool building and two smaller ditch-like wetlands in the center of the property. DSL determined the two ditch-like wetlands are "non-jurisdictional" and therefore the wetlands are not required to be preserved under state law. However, the Final Plan application is consistent with the Outline Plan approval in that it retains a portion of one of the ditch-like wetlands in the open space to the east of Lot 15. The wetland to the west of the swimming pool was expanded to include a long narrow area to the north of the pool. The long narrow area of the wetland is due to seepage from the swimming pool. A condition has been added requiring the protection in perpetuity of the long narrow portion of the wetland. The application includes a water easement for the well and associated spring to address a condition of approval of the Outline Plan. The easement addresses the condition requirements including protection of the well and associated spring in perpetuity, the maintenance and enhancement of the well, Lot 18 and the homeowners association as beneficiaries of the easement and the prohibition of capping, degrading or destroying the well. The Ashland Legal Department has reviewed the easement, and a condition of approval has been added requiring the final document to be reviewed and approved by the Legal Department prior to recording the instrument. A condition of the Outline Plan approval required that the Final Plan application to address whether a pennit is needed to use the spring accessed by the well. The application addresses the issue with a memo which states that well using less than 15,000 gallons a day for uses such as a pool are exempt, and the subject well has a continuous flow of approximately 500 gallons a day. The proposed streets are consistent with the approved Outline Plan and the Street Standard requirements. The proposal is to provide access to the subdivision by constructing a new public street and alley. The street will run through the property and connect to Otis St. to the south and Randy St. to the north. The street will be built at the Neighborhood Street standard. On Otis St., the frontage of the property on Otis St. will be improved with a parkrow and sidewalk. On Randy St., the frontage of the property Planning Action 2OO7..()()455 AppIIcInt Sage Development LLC ':i~":'"' ...; .J Ashland Planning Department - Staff Report mh Page 4 of 13 will be improved with a sidewalk. An Exception to the Street Standards was granted with the Outline Plan approval to eliminate the parkrow and install a curbside sidewalk due to the wetlands, trees and existing structures in and near the right-of-way. Additionally, the sidewalk on Randy St. will be installed off the site from the properties eastern boundary to the intersection with N. Laurel St. This connection will provide pedestrian access to Helman School and the Dog Park further to the north. Randy St. currently has sidewalks in place on the south side of the street from the east side of the intersection of Laurel St. to the Helman St. Helman St. has continuous sidewalks on the east side of the street that provides access to the Dog Park. B. Public Hearing Request The appeal request is included in the packet and indicates that the application is not consistent with the Final Plan approval criterion requiring consistency with the Street Standards. The specific details explaining the inconsistencies of the proposed Final Plan application with the Street Standards were not provided with the public hearing request. The development's compliance with the Street Standards is also an approval criterion for the Outline Plan. The issue was discussed at length during the course of the Planning Commission and City Council meetings as it was an issue raised by an appellant. The street improvements in the Final Plan application are the same as in the approved Outline Plan. The applicant has agreed to sign in favor of a local improvement district for Laurel St. as required in condition 36 of the approval, and has submitted a detennination of traffic impact of the development as required in condition 37. The Planning Commission found the Outline Plan application to meet the Street Standards, and the written findings for that decision are attached. The City Council also found the Outline Plan application to meet the Street Standards in the appeal proceedings, and the written findings for that decision are attached. The sections below are excerpts from the City Council findings on the Outline Plan application, P A 2006-00078 regarding transportation facilities, street standards and street related issues raised by an appellant. 5) Criterion: [ALUO 18.88.030.A.4.b.] ... ftlat adequate key City facilities can be provided including ... ter, ....r, paved acce.. to and through the development, electricity, urbaD .tozm drainage, police and fire protection and adequate transportation; aDd that the development will not cau.e a City facility to operate beyond capacity. This criterion concerns the adequacy of key facilities relative to the impact of the proposed development. The requirement is not necessarily that the facilities are currently in place, but that they can be provided. The Council finds that adequate key City facilities can be provided to serve the project including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and Planning Action 2007-00455 Appbnt Sage Development LLC ..~.> )' Ashland Planning Department - Staff Report mh ~::~~<_,~ Page 50113 adequate transportation; and that the development will not cause a City facility to operate beyond capacity. The record reflects that adequate facilities are available as the project is located in an area that is already developed with sewer and other utility improvements. Water, sanitary sewer, storm sewer and electric services are available from Otis Street and will connect through the site to the existing system in Randy Street. Paved access is provided by Randy and Otis streets, as well as by the proposed new street running through the site. It is feasible to construct the internal street improvements. [R-164] Primary access to the neighborhood is by way of North Laurel Street which is classified as an Avenue (major collector). Randy and Otis streets, as well as the new street in the subdivision, are classified as Neighborhood Streets. A Traffic Impact Study was prepared for the project and projects that the intersections surrounding the site involving Randy, Otis, Willow, Drager and North Laurel streets will continue to operate at acceptable levels with build out of the proposed project. [R-245][R-370] Also, as regards adequate transportation facilities, the primary pedestrian attractors in the neighborhood are Helman School, the dog park and the Bear Creek Greenway. Sidewalks are in place on the south side of Randy Street from the east side of Laurel Street to Helman Street. Helman School is located at Randy St. and Helman Street, and the dog park and greenway are at the northern end of Helman Street. The proposed application will install sidewalks on Randy Street from the western boundary of the subdivision to the intersection of Randy Street and Laurel Street. In addition, a pedestrian easement is provided on Lot 18 connecting the new street to Randy Street. This multi-use path will provide a direct route for pedestrians and bicyclists from the interior of the subdivision to Randy Street. The Council concurs with the Planning Commission that the most likely route that residents of the proposed subdivision would take to Helman School and further north to the dog park and greenway would be this direct route through Lot 18 and the northeastern open space to the new sidewalk on Randy Street. Pedestrians would then cross at the intersection of Randy Street and Laurel Street to the existing sidewalk on the south side of Randy that links to Helman School and Helman Street. New public sidewalks will also be installed on the Otis Street frontage, and on both sides of the proposed new street running through the subdivision. The Council further finds and determines that the major means of vehicular access to this subdivision is from Randy and Planning Action 2007-00455 AppIIcInt: Sage Development LlC f1"./ -1 '.~', / Ashland Planning Department - Staff Report mh Page 6 of 13 Otis streets. Randy and Otis will be fully improved to City standards with the installation of sidewalks, accordingly, ALUO 18.80.020(B) (7) is also satisfied. Contrary to appellants assertion that all streets must be improved, the Code expressly requires only major access streets be improved to City standard. Based on the detailed findings set forth herein, the detailed findings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by competent substantial evidence in the whole record, the Council finds and determines that this criterion is met, or can be met with the imposition of conditions. The above is subject to condition of approval # 36 below. 10) Criterion: [ALUO 18.88.030.A.4.g.] ... ftJ. dev.~opment cOJqp~ies with the Street Standards. Development is proposed to comply with the street standards as provided in 18.88.020K, except as provided in the exception to Street Standards preserve existing trees and wetlands. [R-165] [R-167]. The findings of compliance with street standards and exceptions as set forth in the record at R-167 thru R169 are specifically incorporated herein by this reference. Based on the detailed findings set forth herein, the detailed findings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by competent substantial evidence in the whole record, the Council finds and determines that this criterion is met. (See also supportive findings set forth below) ~leq.d "traffic mitigation" errors Appellants (opponents) assert that the Planning Commission erred in not imposing: (1) a condition of approval for all access streets to be upgraded to city standards and (2) a condition of approval requiring the developer to share the expense of street improvement costs as traffic mitigation costs. As noted in findings above under ALUO 18.88.030.A.4.b, the appellants disagree with the level of street improvement exactions imposed on this 18 lot subdivision and in asking for all streets to be improved request an interpretation of ALUO 18.80.020(B) (7) which ignores the word ~major" The Council declines to interpret the Code to require that all streets be fully improved to City standard as inconsistent with the language of the code and with constitutional principles governing the Planning Action 2007-00455 ApplIcant: Sage Development LlC F> ~_ 't .",", '" Ashland Planning Department - Staff Report mh Page 7 of 13 imposition of exactions. To address the second allegation of error, Applicant and Appellants negotiated imposition of the following conditions: (1) Council shall establish, on an expedited and timely basis, its new policy regarding the appropriate use of LID approval conditions and non-remonstrance agreements or other options to mitigate subdivision traffic impact. (2) As part of final plan approval, based on a plan submitted by PD staff and/or applicant, PC shall require mitigation of traffic impact as an approval condition within guidelines of council's new traffic mitigation policy. Appellants (opponents) also submitted an incomplete petition alleging 95% community support for this consensus position. As regards the alleged popularity of the proposed consensus conditions, the Council finds and determines that no approval criterion for this outline plan approval requires popularity of proposed conditions of approval for imposition. Nor is consensus between the applicant and appellants required for imposition of conditions of approval. The Council has not delegated quasi-judicial decision making authority to informal neighbourhood petitioning or negotiated agreements between applicants and appellants. The Council further finds that proposed conditions of approval requiring the City Council to perform discretionary legislative acts or policy making are inappropriate in quasi-judicial proceedings. The Council finds it improper and contrary to public policy for appellants to use quasi-judicial proceedings to coerce applicants into conditions of approval which have little or no bearing on the merits of the individual application. Conditions of approval must relate to achieving compliance with code criterion. The ALUO, Section 18.68.150, requires imposition of a condition concerning LID nonremonstrance on streets with some traffic impact, (in this case Laurel Street) and such a condition is imposed in condition 36 below. The Council further finds that there is no constitutional infirmity or conflict between the LID remonstrance provisions of ALUO and the LID provisions of Chapter 13 of the Ashland Municipal Code. The provisions when read together are consistent with the requirements set forth by the Court in Larsson v. City of Lake Oswego, 26 Or LUBA 515, 522, aff'd 127 Or App 647, (1994). The Council further finds that there is no error in the applicant Planning Action 2007-00455 AppIIcInt Sage Development LLC '; '" 'I ,j i Ashland Planning Department - Staff Report mh Page 8 of 13 proposing and the Council agreeing to re-review the impacts of the proposed development to determine compliance with code criterion again at final plan approval provided such review and imposition of exactions, if any, is consistent with a constitutionally required individualized determination of the impact of the development as related to the exaction. This condition is set forth in condition 37. III. Procedural. Reaulred Burden of Proof The criteria for Final Plan approval are described in 18.88.030.8.5 as follows: Criteria for Final Plan Approval. Final plan approval shall be granted upon finding of substantial conformance with the outline plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan shows that: a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten (10%) percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this Title and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the Street Standards. P1lnling Action 2007-00455 AppIcant Sage Development LLC d AshlClld Planning Department - Staff Report mh I (J Page 90113 IV. Conclusions and Recommend8llons In Staff's opinion, the proposal is consistent with the approval criteria for Final Plan approval of a Performance Standards Options subdivision. There are two sets of draft findings attached one set being for approval and one set for denial. If the Planning Commission denies the application, Staffwill need direction on the basis for the denial to insert into the draft denial findings. Staff recommends approval of the application with the following conditions attached. 1. That all proposals of the applicant shall be conditions of approval unless otherwise modified below. 2. That all conditions of the Outline Plan approval (PA2006-00078) shall remain in effect. 3. That Lot 14 shall be reconfigured on the final survey plat to include a flag pole connection to Drager St. in the location of the driveway access. The proposed flag pole for Lot 14 connecting to Randy St. shall be eliminated and the area shall be incorporated into the tree park open space (Common Property B on the Preliminary Plat). The shared drive portion of the driveway serving Lots 13 and 14 is by definition a flag drive and shall be 20 feet in width clear space and the driveway paved to 15 feet in width until the point where the driveway branches into two separate driveways in accordance with 18.08.195 and 18.76.060.B. The individual driveways to Lots 13 and 14 shall be 15 feet in clear width and 12 feet in paved with in accordance with 18.08.195 and 18.76.060.B. 4. That the long narrow portion of the wetland north of the enclosed swimming pool shall be preserved and protected in perpetuity by a conservation easement, by common area or some similar instrument. The final instrument shall be submitted for review and approval of the Ashland Planning and Legal departments prior to signature of the final survey plat. 5. That all easements for sewer, water, electric and streets shall be indicated on the final survey plat as required by the City of Ashland. A public pedestrian and bicycle easement shall be indicated on the final survey plat for the multi-use path adjacent to the wetland open space and for the multi-use path linking Drager St. to Randy St. The alley shall be a public alley. 6. That the water easement for the well and the associated spring located in Common Space E as identified in the Preliminary Plat shall be submitted for review and approval of the Ashland Legal Department prior to signature of the final survey plat. 7. That final copy of the CC&R's for the homeowners association shall be provided with the final survey plat. CC&R's shall be revised to describe responsibility of the homeowners association for the maintenance of all parkrows and street trees in the Planning Action 2007-00455 AppIIc:ant: Sage Development LLC LJI Ashland Planning Department - Staff Report mh Page 10 of 13 public rights-of-way. The wetland maintenance schedule shall be revised to include the wetlands in common areas D and E. The CC&R's shall be submitted for review and approval of the Ashland Legal Department prior to signature of the final survey plat. 8. Applicant shall execute a document as consistent with ALVa 18.68.150 agreeing to participate in their fair share costs associated with a future Local Improvement District for improvements to Laurel St. and to not remonstrate against such District prior to signature of the final survey plat. Nothing in this condition is intended to prohibit an owner/developer, their successors or assigns from exercising their rights to freedom of speech and expression by orally objecting or participating in the LID hearing or to take advantage of any protection afforded any party by City ordinances and resolutions. 9. That the utility plan for the project shall be submitted for review and approval of the Ashland Engineering Division prior to signature of the final survey plat. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, fire hydrants, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. The rerouted sanitary sewer and storm drain lines that are being relocated to the new street shall be the same size or larger than the current lines running through the site as required by the Ashland Engineering Division. Any required private or public utility easements shall be delineated on the utility plan. 10. That the existing sewer and storm drain easements running through the site shall be vacated after the signature of the final survey plat and prior to the issuance of any building permits. 11. That the requirements of the Ashland Fire Department including fire apparatus access, hydrant spacing and hydrant flow requirements shall be included in the utility plan prior to the signature of the final survey plat. 12. That the storm drainage plan including but not limited to the design of all required on- site storm water detention systems shall be submitted for review and approval of the Ashland Planning and Engineering Divisions prior to signature of the final survey plat. The permanent maintenance of on-site storm water detention systems must be addressed through the obligations of the homeowners' association and approved by the Public Works Department and Building Division. Any changes to the street and sidewalk configuration, lot configurations and open space areas resulting from the required storm water detention systems shall be processed as a modification of this approval. 13. That the Electric Distribution System Plan shall be reviewed and approved by the Ashland Electric Department prior to signature of the final survey plat. The plan shall include load calculations and the location of all primary and secondary services including transformers, cabinets, street lights and all other necessary equipment. 14. The preliminary engineering for proposed street improvements shall be submitted for Planning Action 2007-00455 ApplIcant: Sage Development LlC , ' Ashland Planning Department - Staff Report mh rl'" 3 : ("" Page 11011 review and approval of the Ashland Engineering Division prior to signature of the final survey plat. Street improvements shall be consistent with the approved Outline Plan. The offsite sidewalk improvements on Randy St. connecting the site to Laurel St. shall include a wheelchair ramp at the comer. The east and west ends of the sidewalk improvements on Otis St. shall match or be close to the ground level for pedestrian safety and so that the sidewalk can be extended to Elizabeth Ave. and Laurel St. in the future. Accordingly, if necessary, the Otis St. sidewalk shall transition to a curb side sidewalk to provide for future sidewalk extensions in both directions on Otis St. Wheelchair ramps shall be provided on Otis St., the alley and Randy St. to provide direct access for wheelchair users and bicycles. 15. That the mulit-use path connecting Drager St. to Randy St. may be reduced to eight feet in width if it is paved with concrete, asphalt or comparable surfacing. Regardless of the improved path width, fencing shall be a minimum of three from the improved edges of the path to provide clear distance on both sides of the path for safe operation. The clear distance areas shall be graded to the same slope as the improved path to allow recovery room for pedestrians and bicyclists. The clear distance areas shall be limited to landscape materials, and vegetation in excess of 12 inches in height shall not be placed in the clear distance areas. 16. Subdivision infrastructure improvements, including but not limited to utilities, public streets, street trees and irrigation and open space landscaping and irrigation shall be installed or a bond posted for the full cost of construction prior to signature of the final survey plat. If a bond is posted for common area and open space improvements, the common area and open space improvements including but not limited to landscaping, irrigation and pathway improvements shall be installed in accordance with the approved plan prior to the issuance of the ninth building permit (halfway through the building permits for single-family homes). The project landscape architect shall inspect the common area and open space improvements for conformance with the approved plan, and shall submit a final report on the inspection and items addressed to the Ashland Planning Division. The applicant shall schedule a final inspection including the project landscape architect with the Ashland Planning Division of the common areas and 0pei1 spaces prior to issuance of the ninth building permit. 17. That a Verification Permit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division prior to site work, storage of materials and/or the issuance of an excavation or building permit. The Verification Permit is for the removal of approved trees and the installation of the tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior to site work or storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall and installed in accordance with 18.61.2oo.B. 18. The setback requirements of 18.88.070 shall be met and identified on the building permit submittals including but not limited to the required width between buildings as described in 18.88.070.D. PIalning Action 2007-00455 AppIicInt: Sage DevelOpment LlC /-fj Ashland Planning Department - Staff Report mh Page 12 of 13 19. That vision clearance areas at the intersections of streets and alleys throughout the project in accordance with 18.92.070.D shall be delineated on the building permit submittals for lots located at intersections (i.e. Lots 5, 6, 10, 11, 16 and 17). Structures, signs and vegetation in excess of two and one-half feet in height shall not be placed in the vision clearance areas. 20. That all new structures shall meet Solar Setback A in accordance with Chapter 18.70 of the Ashland Land Use Ordinance. Solar setback calculations shall be submitted with each building permit and include the required setback with the formula calculations and an elevation or cross-section clearly identifying the height of the solar producing point from natural grade. 21. Individual lot coverage calculations including all impervious surfaces shall be submitted with the building permits and shall be in accordance with the approved maximum lot coverage calculations (sheet P-2, Lot Coverage). Pervious driveway and parking areas shall be counted as impervious surfaces for the purpose of lot coverage calculations. 22. That all homes shall qualify in the Ashland Earth Advantage program in accordance with 18.88.040.B.3.a. The applicant shall meet with the Ashland Conservation Division regarding eligible site activities prior to issuance of an excavation permit. The required Earth Advantage documentation shall be submitted with each building permit application. 23. Fence heights within side and rear yard areas adjoining a public right-of-way or open space shall not exceed four feet in height. P1...ning Action 2007~ ApplIcant: Sage Development LLC 4'1 Ashland Planning Department - Staff Report mh Page 13 of 13 Adopted Written Findings from Planning Commission and City Council for approved Outline Plan Application PA 2006-00078 ~s BEFORE THE PLANNING COMMISSION July 11, 2006 IN THE MAITER OF PLANNING ACTION #2006-00078, A REQUEST FOR AN OUTLINE PLAN APPROVAL UNDER THE PERFORMANCE STANDARDS OPTIONS CHAPTER 18.88 FOR AN 18-UNIT SINGLE-FAMILY RESIDENTIAL SUBDNlSION FOR THE PROPERTY LOCATED AT 247 OTIS STREET. AN EXCEPTION TO THE STREET STANDARDS IS REQUESTED TO ALLOW A CURBSIDE SIDEWALK IN SECTIONS OF THE OTIS AND RANDY STREET FRONTAGES TO PRESERVE TREES, WETLANDS AND THE RESIDENCE AT 247 OTIS STREET. APPLICANT: Sage Development, LLC RECITALS: ) ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) ) ) ) 1) Tax lot 400 of 39 IE 04BC is located at 247 Otis Street and is zoned R-I-5-P Single-Family Residential. 2) The applicant is requesting Outline Plan approval for an 18-unit single-family residential subdivision under the Performance Standards Options. The application includes a request for an exception to the Street Standards to install a curbside sidewalk on the Otis and Randy street frontages to preserve mature trees, wetlands and the home at 247 Otis Street. Site improvements are outlined on the plans on file at the Department of Community Development. 3) The criteria for Outline Plan approval under the Performance Standards Options are described in Chapter 18.88 as follows: a) That the development meets all applicable ordinance requirements of the City of Ashland. b) That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. c) That the existing and natural features of the land,. such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. '-10 '/ j,~ P A #2006-00078 July 11, 2006 Page 1 e) That there are adequate provisions fOr the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. j) That the proposed density meets the base and bonus density standards established under this Chapter. 4) The criteria for an Exception to the Street Standards are described in Chapter 18.88.050.F as follows: An exception to the Street Standards is not subject to the Variance requirements of section 18.100 and may be granted with respect to the Street Standards in 18.88.050 if all of the following circumstances are found to exist: A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. B. The variance will result in equal or superior transportation facilities and connectivity; C. The variance is the minimum necessary to alleviate the difficulty; and D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Options Chapter. 5) The Planning Commission, following proper public notice, held public hearings on March 14, 2006, June 13,2006, June 27,2006 and July 11, 2006 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: SECfION l. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff EXlubits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exlubits, lettered with an "0" P A #2006-00078 1uly 11, 2006 Pap 2 '-11 /7 Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all infonnation necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that the proposal to develop an 18-writ single-family residential subdivision meets all applicable criteria for an Outline Plan approval described in the Performance Standards Options Chapter 18.88, and that the proposed use of a curbside sidewalk for sections of the Otis and Randy street frontages to preserve mature trees, wetlands and the home at 247 Otis Street meets all applicable criteria for an Exception to the Street Standards in Chapter 18.88. 2.3 The Planning Commission finds that adequate key City facilities can be provided to serve the project including water, sewer, paved access to and through the development, electricity, urban stonn drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. Water, sanitary sewer, stonn sewer and electric services are available from Otis Street and will connect through the site to the existing system in Randy Street. Paved access is provided by Randy and Otis streets, as well as by the proposed new street running through the site. Primary access to the neighborhood is by way of North Laurel Street which is classified as an Avenue (major collector). Randy and Otis streets, as well as the new street in the subdivision, are classified as Neighborhood Streets. A Traffic Impact Study was prepared for the project and projects that the intersections surrounding the site involving Randy, Otis, Willow, Drager and North Laurel streets will continue to operate at acceptable levels with build out of the proposed project. The primary pedestrian attractors in the neighborhood are Helman School, the dog park and the Bear Creek Greenway. Sidewalks are in place on the south side of Randy Street from the east side of Laurel Street to Helman Street. Helman School is located at Randy Sl and Helman Street, and the dog park and greenwayare at the northern end of Helman Street. The proposed application will install sidewalks on Randy Street from the western boundary of the subdivision to the intersection of Randy Street and Laurel Street. In addition, a pedestrian easement is provided on Lot 18 connecting the new street to Randy Street. This multi-use path will provide a direct route for pedestrians and bicyclists from the interior of the subdivision to Randy Street. The Commission believes the most likely route that residents of the proposed subdivision would take to Helman School and furtha' north to the dog park and greenway would be this direct route through Lot 18 and the northeastern open space to the new sidewalk on Randy Street. Pedestrians would then aoss at the intersection of Randy Street and Laurel Street to the existing sidewalk on the south side of Randy that links to Helman School and Helman Street. New public sidewalks will also be installed on the Otis Street frontage, and on both sides of the proposed new street nmning through the lf~ P A #2006-00078 Iuly II, 2006 Page 3 ./eg subdivision. 2.4 The Planning Commission finds that the proposal to use a curbside sidewalk for sections of the Otis and Randy street frontages to preserve mature trees, wetlands and the historic home meets the applicable criteria for an Exception to the Street Standards in Chapter 18.88. On the Otis Street frontage, the proposal is to curve the sidewalk around three trees using a curbside sidewalk. On the Randy Street frontage, the proposal is to use a curbside sidewalk along the length of the frontage to preserve the wetlands adjacent to the street, preserve the historic home at 247 Otis which is immediately adjacent to the street right-of-way, and to further protect the large stature trees in the northeastern comer of the property. The installation of the required sidewalk and parkrow improvement includes a seven-foot wide parkrow between the curb and the sidewalk. If the parkrow were installed on the Otis Street frontage the 43-inch diameter at breast height (dbh) Monterrey Cypress, 47-inch dbh Weeping Willow and the 38-inch dbh White Mulbeny (trees 4, 5 and 6 respectively on the Tree Inventory Plan) would need to be removed because the sidewalk would be located where the trunks of the trees currently are sited. If the parkrow were installed on the Randy Street frontage, the sidewalk would intrude into the wetlands in the western portion of the site, would intrude into the wetlands to the west of the pool house, would require removal of a portion of the historic house, and would intrude into the driplines of two Sugar Maples 38-inch and 30-inch dbh (trees 22 and 24 respectively on the Tree Inventory Plan). While it is possible to remove the trees and build the sidewalk in the wetlands, the Commission finds the trees and wetlands to be significant natural resources that should be protected as required by the Outline Plan approval criteria. As a result, while the curbside sidewalk is not the required pedestrian facility under the Ashland Street Standards, the preservation of the natural features must be balanced with providing safe, convenient and attractive walkways. The curbside sidewalks in the sections of Otis Street and on the Randy Street frontage will provide a safe and direct pedestrian connection to east of the subdivision. The sections of proposed curbside sidewalk have been minimized and a parkrow has been included in areas not impacted by natural features and the historic home. The sidewalk design is consistent with the purpose and intent of the Performance Standards Options Chapter 18.88 in that is allowing an option for a more flexible design for the pedestrian corridor to use the natural features of the landscape to their greatest advantage. 2.5 The Planning Commission finds that development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. The subject parcel as well as the surrounding properties and neighborhood are located in the R-1-5 Single-Family Residential district. The subject property is an oversized parcel in the middle of a block that has single-family lots adjacent to the eastern and western property boundaries. The properties directly adjacent to the east and west of the site as well as the larger neighborhood in the area are developed as single-family homes. 2.6 The Planning Commission finds the density meets the base density standards established under the Performance Standards Options for the Single-Family Residential (R-1-5-P) zone. The property's R-I zoning designation and lot area of 4.34 acres permit a base density of 19.n units 11 11- ,~ P A #2006-00078 1uly 11, 2006 Page 4 (4.34 acres · 4.5 units/aae = 19.53 units). The application states the conservation density bonus will be used, which would increase the nmnber of possible units to 22 (19.53 units x .IS conservation density bonus = 2.92 units). Eighteen unitS are proposed including 17 new homes and one large lot which will contain the existing home and indoor pool. 2.7 The Planning Commission finds that the existing featw'e on the property includes the wellhead and the natural features of the property include trees, wetlands and a spring. The Commission finds that the significant featw'es have been included in the open spaces, common areas, and unbuildable areas. Fifteen of the 24 trees on site are significantly sized according to the definition of IS.61.020.1 (i.e. IS-inches or larger dbh). One of the significantly sized trees, a 22- inch dbh Weeping Willow nmnbered as tree 15 on the Tree Inventory included with the application, will be removed in the location of the new street in the center of the site. The proposal is to expand the western wetland to mitigate the fill of the northern and eastern edge of the large western wetland and the fill most of the two smaller centrally located wetlands. The wetland west of the pool house and adjacent to Randy Street will alsO be preserved. The wetland area in the western open space would be expanded to the south and north as mitigation for the filled wetland areas, and will result in the total are of the western wetland' open' space being 39,333 square feet (.90 acres). The applicants have agreed that the wellhead is a significant existing featw'e and the associated spring is a significant natural featw'e as defined in the Performance Standards Options Chapter IS.SS. Accordingly, the applicants have prOposed to pfeservethe wellhead arid associated Spring in an open space for the subdivision. As proposed - by - the applicant and addressed in condition of approval 33, the Final Plan application ifrir the Proposed subdivision will include the wellhead and a water featw'e served by the associated;Sprlngmm,thCweU:m a<:ommori area for the subdivision. Additionally, a conservation easemertt:or-deedrestrictionwill be used to protect the wellhead and associated spring in papetuity. The 'lIlalnWmmbe; of the .open: spaces/and- Common · areas; and the existing and natmal features to be preSaved'as:desctibed above:will t>e:addreSsed in the covenants, codes and restrictions for the homeownersassOclation. ij-'_~~, \ ,i ;;l'dL'.' "l :)"J'" '.~.A: J . 2.S The Planning Commission fin<ls' that die 'de~elbpmennneets' 8ll appliCable ordinance requirements of the City of Ashland. 'Sheet S~ 1 date stamped May 19, 2006 delineates the proposed building envelopes, setbacks, solar setbacks and driveway'locations. The setbacks on the perimeter of the subdivision and for the front yards are required to meet the standard setback requirements of the Single-Family Residential Zoning district, and the proposal meets this requirement. The solar setbacks are addressed as required, but the final determination is made at the building pennit submittal. Finally, the driveway aprons are separated by 24 feet as required in the street standards. The proposed subdivision meets the on-site parking meets ordinance requirements. In addition to the two off-street parking spaces that are required for each unit, one on-street space is required for each unit. The are parking spaces available on the new street as well as the Randy and Otis street frontages, and the on-street parking requirement is easily satisfied with over 60 on-street spaces identified in the application submittals. 5'{) ~tJ P A #2006-00078 July II, 2006 Page S SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal to develop an IS-unit single-family residential subdivision and to install a curbside sidewalk on the Otis and Randy street frontages to preserve mature trees, wetlands and the home at 247 Otis Street is supported by evidence contained within the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2006-00078. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever,then Planning 'Action #2006-00078 is denied. The following are the conditions and they are attached to the approval: ' 1) That all proposals of the applicant are' conditions of approval uitIess otherwise modified here. , 1 , 1 2) That all easement for sewer, water, electric .and streets shall be indicated on the ,Final Plan application as required by the City of Ashland. """ . 3) That a utility plan for the project shall.be submitted with the Final Plan application. The utility plan shall include the location of connections, to all public ;facilities. in arid adjacent to the- development, including the locations of water lines and. meter sizes, fire ,hydrants,. sewer mains and services, manholes and clean-outs, ,stonn drainage pipes arid catCh basins. The rerouted sanitary sewer and stonn drain lines that are being relocated to the new street'shall be the same size or larger than the current lines running througR the site as required by the..Ashland, Engineering Division. Any required private ,or public utility easements shall be delineated on the utility plan. .~ ..1 , " " 4) That the Tree Protection and Removal Plan shall be revised to coordinated with the final utility plan, and shall be submitted with the Final Plan application. . , ' l 1, J :~. . I t j J ' ':' \ \, I i ~ _ I'. , , , . i , .) t;, 5) That the stonn drainage plan including the design of all on-site stonn water detention systems and off-site stonn drain system improvements shall 'be submitted with the Final Plan' application~ ' The pennanent maintenance of on-site stonn water detention systems must be addressed through the obligations of the homeowners' association and approved bythe-,Public Wodes Department and Building Division. " " '" ,.., \, j; '-- "1 ! ; . " " ' 6) That the applicant shall submit an' electric distribution .plan with the Final Plan application including load calculations and locations of all primary and secondary services including transfonners, cabinets, meters and all other necessary equipment. This plan shall b~ reviewed and approved by the Electric Department prior to submission of the Final Plan application. Transfonners and cabinets shall be located in areas least visible from streets, while considering the access needs of the Electric Department. " , 7) That the required pedestrian-scaled streetlight shall consist of the City of Ashland's residential S'I ?bl PA#2~78 July II, 2006 Page 6 streetlight standard, and shall be included in the utility plan and engineered construction drawings for the street improvements. 8) The preliminary engineering for proposed Street improvements shall be provided at Final Plan application. Street improvements shall be consistent with City of Ashland Street Local Street Standards. The sidewalk improvements on Randy Street may be constructed at the curbside to preserve the wetlands, existing home and trees. Offsite sidewalk improvements on Randy Street connecting the site to Laurel Street shall be included in the preliminary engineering. The preliminary engineering shall include multi-use path improvements for the off-street path adjacent to the wetlands and for the off-street path connecting the new street to and through the northeastern tree open space. 9) That the Final Plan application shall demonstrate that the driveway curb cuts are spaced at least 24 feet apart as measured between the outside edges of the apron wings of the driveway approaches in accordance with the Ashland Street Standards. 10) That the driveway for lot 14 shall be relocated so that it does not cross the front yard area of lot 13. 11) That the Final Plan application shall delineate vision clearance areas at the intersections of streets and alleys throughout the project in accordance with 18.92.070.0. Structures, signs and vegetation in excess of two and one-half feet in height shall not be placed in the vision clearance areas. Building envelopes shall be modified accordingly on the Final Plan submittals. 12) Subdivision infrastructure improvements, including but not limited to utilities, public streets, street trees and irrigation and open space landscaping and irrigation shall be installed or a bond posted for the full cost of construction prior to signature of the final survey plat. If a bond is posted for common area and open space improvements, the common area and open space improvements including but not limited to landscaping, irrigation and pathway improvements sliall be installed in accordance with the approved plan prior to the issuance of the ninth building permit (halfway through the building permits for single-family homes). The project landscape architect shall inspect the common area and open space improvements for conformance with the approved plan, and shall submit a final report on the inspection and items addressed to the Ashland Planning Division. The applicant shall schedule a final inspection including the project landscape architect with the Ashland Planning Division of the common areas. and open spaces prior to issuance of the ninth building permit. 13) That the street name shall be reviewed and approved by Ashland Engineering for compliance with the City's resolution for street naming. 14) That the final wetland delineation and mitigation plan shall be approved by the necessary state and federal agencies, and the necessary state and federal permits received prior to the Final Plan application. If the final wetland delineation report submitted for state and federal review differs 61. P A #2006-00078 July 11, 2006 Page 7 ,P, jf) .A.','">>'., significantly from the preliminary determination (i.e. larger area or additional wetland areas), the Outline Plan sball be modified prior to an application for Final Plan approval. 15) That the wetland mitigation plan including a grading and planting plan shall be submitted with the Final Plan application. That an engineering analysis of the water flow and potential ponding, and any potential impacts to adjacent properties'shall be submitted With the Final Plan application. The engineering analysis shall address the potential to meter exCess rimoff to the stoim drain to prevent backup ofwatCl' in the wetlands. 16) That the Tree Protection and Removal Plan shall be revised in the Final Plan application to include lot 18. 17) That the recommendations of the Ashland Tree Commissi9p, with final approval by the Staff Advisor, shall be incorporated into the 'Tree Protection and Removal Plan. 18) That a Verification Permit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division 'prior to' site work, storage of materials and/or the issuance of an excavation or building permit. The Verification Permit is for the installation of the tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior ,fo:site, work or storage of materials." Tree protection fencing shall be chain link fencing a minimum ;of six feet tall and iilstalled in accordance with 18.61.200.B. I ; 19) That a size and species specific landscaping plan for the parkrows and open spaces shall be provided at the time of the Final Plan,1Ipplication. : ." 1 I ,,\i '- _ l li.... '-, ,j l J 20) That street trees, located one per 30 ~ oflstteetfinntagc"shaU be.mstalled.in.the parki;oW.alongl , street frontages as part of the subdivision fuftastruoture. 'improvem~ts. Street trees. shall be chosen from the Recommended Street j Tr= ,List .aIid,.shall.be installed, in, ~rdance ,with .the specifications noted in the Recommended Street Tree List. The street trees shall. be irrigated. 21) That the landscape plan at Final Plan application :sbal1~t to mitigatelthe loss of a parkrow in the areas of curbside sidewalk (i.e. adjaceat to :w~an~ori new Street, ,and on the Randy Street . frontage) by providing street trees behind the. Sidewalk that :willbe proYide a,eanopyov.Cl' the sidewalk and street to improve the pedestrian. ~vironment, provide shade and traffic aWning . benefits. . . 22) Fence heights within side and rear yanI areas adjoining the off-street pedestrian paths from and open spaces shall not exceed four feet. 'Stipulations with regards to fencing shall be described in the project CC&R's. , ,! - . I 23) That a draft copy of the CC&R's for the homeowners association shall be provided at the time of Final Plan application. Lot 18 shall be inCluded.in ,the homeowners assOciation and subject to all 55 rj ~,;?' c:*"....... P A #2006-00078 July 11, 2006 Page 8 subdivision requiremmts including the Tree Protection Plan and Wetlands Mitigation Plan. CC&R's shall describe responsibility for the maintmance of all common area and open space improvements, parIaows and street trees. CC&R' s shall describe a system for governance of the use of the wellhead and associated spring by the subdivision residents. CC&R's shall note that any deviation from the Tree Protection Plan and Wetlands Mitigation Plan must receive written approval from the City of Ashlaad Planning Department. 24) That existing building greater than 500 square feet proposed for removal shall require approval of a Demolition Pennit prior to moving or demolition. 25) That the Final Plan application shall include a lot coverage calculations in square footage and percentage for each lot. Open space area less the impervious common improvements (i.e. streets and sidewalks) and less lot 18 shall be distributed evenly aaoss the remaining 17 residential lots. 26) The setback requirements of 18.88.070 shall be met and identified on the building permit submittals including but not lUnited to the required width between buildings as described in 18.88.070.0. 27) That the setbacks on lot 14 shall be revised so that the front yan:l is opposite of the back yan:l in accordance with 18.08.430 in the Final Plan application. The rear yan:l for lot 14 shall be located as shown adj8ctDt to the east property line to mirror the yan:l pattern of the existing homes to the east. 28) That all new structures shall meet Solar Setback A in accordance with Chapter 18.70 of the Ashland Land Use Ordinance. Solar setback calculations shall be submitted with each building permit and include the required setback: with the formula calculations and an elevation or cross- section clearly identifying the height of the solar producing point from natural grade. 29) Individual lot coverage calculations including all impervious surfaces shall be submitted with the building permits. Impervious driveway and parking areas shall be counted as pervious surfaces for the purpose of lot coverage calculations. 30) That all homes shall qualify in the Ashland Earth Advantage program in accordance with 18.88.040.B.3.a. The applicant shall meet with the Ashland Conservation Division regarding eligible site activities prior to issuance of an excavation pemiit. The required Earth Advantage documentation shall be submitted with each building permit application. 31) That fencing shall not be installed around the perimeter of the preserved wetland in the western open space. 32) That iflot 18, the lot containing the existing ~idmce and indoor pool (Helman Baths), is partitioned or divided in the future, the application shall be required to be processed as an amendmmt to the subdivision. In accordance with this subdivision approval, any new lots created from lot 18 shall be required to construct conservation housina to meet density bonus requiremmts in accordance with 18.88.040.B.3.a and shall participate in the homeowners 5'4 ~'i P A #2006-00078 July 11, 2006 Paae9 association. 33) The Property includes a wellhead and associated spring adjacent to Lots 13 and 14 on the outline plan, and serving the existing pool on Lot 18. In conneCtion with final plan' approval, the wellhead and land immediately surrounding it shall be dedicated as common area for the benefit of the subdivision's homeowners' association. Prior to final plan approval, the Applicant shall . submit a form of conservation easement or deed restriCtion for review and approval of the Ashland Legal and Planning Departments designed to protect, in perpetuity, the wellhead as an existing and the associated spring as a natural feature of the property. The beneficiary of the conservation easement or deed restriction shall be the subdivision's homeowners' association, which shall be entitled to enforce its terms:' 'lbctCnris shall inclUde provisions allowing the homeowners' association to enhancc:the well in the future; subject to compliance with all laws then in effect. The terms shall also preVait:the homeowi1ers'association or any future owner from capping, degrading or destroying the wellhead. Applicant may record an irrevocable license and concurrent easement for the)benefit.of Lot 18, for the purpose of allowing the owner of Lot 18 and her successors in interest to cOntinue receiving water flow from the well in an amount roughly consistent with the current amount of water used to serve the existing pool on Lot 18. Under the terms of the irrevocatile license, :easement-and conservation..easementor deed restriction, the homeowners' association. wiD be permitted to.make. all lawful use of the well located in the common area for the bei1efitofthc'lUbdivision's residents,provided such use does not unreasonably interfere with the concurrent right of Lot 18 to continue to receive water from the well in an amount similar 'to lite amount Currently utilized'to Serve the Cxistirig pool lOcated on Lot 18. In connection with final plan' approval, ithe appfieant'sball design and instalI a water feature in the common area where ~weUhad!iSl~lto be SerVed by water trom the well, for the benefit of the members of the subdivision's.homoowners 'association. That an instrument such as a maintenance agreement shall be included with the easement or deed restriction which would lddress,reaponsibility,ofmaintaJance,of!theweUhead. That if Lot 18 is partitioned or divided in the future, tlielfuStlriglttOf,'~ to uSe thc1Sprlng'6hall be:offered to. the homeowners' association. 34) That the Final pian applicationiincl~adeti:imiDatioDof:wbether,apennitisnceded from the Oregon Water Resources DepartmentJ(OWRD)to.uae the,spring.accesscct by the wellhead which feeds the pool on Lot 18. If' a permit is.tequircd, evidence of permit approval and issuance shall be ed to the PIJlftning Division" prior to reeordiitg sOme form of conservation easement or . ction e spring and wellhead, and prior to signature of the final survey plat. 1 ;". l . _ . . __. .. ~ . . , . i" ~. ,-.:. .. val ~/~?jr9t " I · " Date. " "" " 5~ ~ 'A #2006-00078 July II, 2006 '.10 BEFORE THE CITY COUNCIL CITY OF ASHLAND, JACKSON COUNTY, OREGON January 2, 2007 In the Matter of an Appeal of Planning Action 2006-00078, Request for an Outline Plan approval under the Performance Standards Option Chapter 18.88 for an 18-unit single-family residential subdivision for the property located at 247 Otis St. Also an Exception to the Street Standards is requested to allow curbside sidewalk in sections of the Otis and Randy Street frontages to preserve trees, wetlands and the existing residence, said project being situated on real property located at 247 Otis Street, within the Cify of Ashland, Jackson County, Oregon. Applicant: Sage Development LLC. ) ) ) ) FINDINGS OF FACT ) CONCLUSIONS OF LAW ) AND ORDER ) ) ) I. NATURE OF PROCEEDINGS This matter comes before the City Council for the City of Ashland for a de novo appeal hearing. The appeal is from an August 22, 2006 decision of the City of Ashland Planning Commission approving inter alia a request for an outline plan approval and exception to street standards on the subject property located at 247 Otis Street. A mandatory pre-application conference was held on October 26,2005. The application for outline plan approval and exception to street standards was filed by the applicant with the Planning Department on January 13, 2006. The application was deemed incomplete on February 6, 2006. Additional materials were submitted by the applicant and the application was deemed completed on February 16,2006. The applicant requested City grant "Outline Plan" approval for an 18-unit single-family residential subdivision under City's "Performance Standards Options." The relevant criteria are found in City's "Ashland Land Use Ordinance" ("ALUO"), Chapter 18.88. . Notification of the public hearing before the Planning Commission on March 14, 2006, was mailed, pursuant to Chapter 18, Ashland Land Use Ordinance to area property owners and affected public agencies. Notice of the March 14,2006, appeal hearing was also published in the Ashland Daily tidings. On March 14, 2006, the Planning Commission conducted a public hearing and considered the oral and written testimony presented, the staff report and the record as a whole. The application was continued thru the public hearing process before the Planning Commission on June 13,2006, June 27, 2006, and July 11,2006. During the public hearings COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 6'~ Page -1- before City's Planning Commission, testimony was received and exhibits were presented. On July 11,2006, after the close of the public hearing process and the close of the record, the City's Planning Commission deliberated and approved the application, subject to conditions pertaining to appropriate development of the Property. On August 22, 2006, the Findings, Conclusions, and Orders of City's Planning Commission were duly signed by the Chairperson of City's Planning Commission. The Planning Commission's findings are attached hereto as Exhibit "A" and are specifically incorporated herein and made a part hereof by this reference. (In the event of conflict between the Planning Commission findings and Council findings, Council findings control). On September 8, 2006, Appellants (opponents of the project) filed an appeal to the City Council under ALUO 18.108.110, thereby appealing the Findings, Conclusions, and Orders of City's Planning Commission. The Applicant also appealed. (For consistency in this document, "appellants" will only refer to the opponents, not the applicant.) The stated reason for the appeal included alleged procedural errors before the Planning Commission, as well as allegations that because water naturally entered the pool it was an existing and natural feature which required identification and inclusion in open space. Notification of the public hearing before the City Council was mailed on September 27, 2006, pursuant to ALUO to area property owners and affected public agencies. Notice of the appeal hearing was also published in the Ashland Daily Tidings on October 4,2006. On October 17, 2006, the City Council conducted a public hearing in the City Council chambers; during the public hearing before the Council, testimony and exhibits were offered and received, in addition to the exhibits and documents reflected in the record before Council. On October 17, 2006, after the opponents had completed their testimony, the hearing was continued to November 7, 2006. The November 7, 2006, continued hearing also started with the opponents. The Council completed the public hearing on November 7, 2006; however, at the request of opponents, the Council left the record open for seven days, until November 15, 2006. Materials were submitted by opponents while the record was open. The record was then closed. Final written argument was submitted by the applicant on December 20, 2006. Deliberations were held at a public meeting on December 5, 2006. The Council deliberated and approved the application in file 2006-00078, with conditions. The Council's action denied the appeal and generally upheld the Findings, Conclusions, and Orders of the Planning Commission, with some modifications as set forth below. Based upon the evidence in the record, the Council makeS" the following findings of fact and conclusions of law: II. FINDINGS OF FACT 1) The Nature of Proceedings set forth above are true and correct and are incorporated herein by this reference. 2) The subject of Planning Action # 2006-00078 is real property located within the City of Ashland ("City"), and described in the County Tax Assessor's maps as 39-lE-04BC, Tax Lot 400 (the "Property"). The street address of the Property is 247 Otis Street, Ashland, Oregon, COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -2- 57 97520. 3) The zoning of the Property is "R-I-5-P" (single family residential). 4) The applicant in Planning Action # 2006-00078 is Sage Development, LLC ("Applicant). III. FINDINGS APPLYING APPLICABLE CODE CRITERIA 1) The Council finds and determines that the relevant approval criteria are found in or referenced in ALVO Chapter 18.88, including but not limited to Outline Plan Approval criteria and Exception to Street Standards criteria. 2) The Council finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 3) The Council finds and determines that this proposal to develop an 18-unit single-family residential subdivision meets all applicable criteria for an Outline Plan approval described or referenced in the ALVO Chapter 18.88, entitled "Performance Standards Options," and that the proposed use of a curbside sidewalk for sections of the Otis and Randy street frontages to preserve mature trees, wetlands and the existing residence at 247 Otis Street meets all applicable criteria for an Exception to the Street Standards in Chapter 18.88. This fmding is supported by the detailed findings set forth herein, the detailed findings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by competent substantial evidence in the whole record. 4) Criterion: [ALVO 18.88.030.A.4.a.] ... That the development meets all applicable ordinance requirements of the City of Ashland. The Council finds and determines that this criterion is a general reference to all the mandatory requirements for outline plan approval identified herein and other applicable criterion in the Ashland Land Vse Ordinance. The Council finds that the development meets all applicable ordinance requirements of the City of Ashland. Sheet S-1 date stamped May 19,2006, delineates the proposed building envelopes, setbacks, solar setbacks and driveway locations. The setbacks on the perimeter of the subdivision and for the front yards are required to meet the standard setback requirements of the Single-Family Residential zoning district, and the proposal meets this requirement. The solar setbacks are addressed as required, but the final determination is made at the building permit submittal. Finally, the driveway aprons are separated by 24 feet as required in the street standards. The proposed subdivision meets the on-site parking ordinance requirements. In addition to the two off-street parking spaces that are required for each unit, one on-street space is required for each unit. There are parking spaces available on the new street as well as the Randy and Otis street frontages, and the on-street parking requirement is easily satisfied with over 60 on-street spaces identified in the application submittals. Based on lhe detailed findings set furlh herein, the detailed findings of the Ashland Planning Commission, specifically incorporated COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -3- 58 herein by this reference, as well as by competent substantial evidence in the whole record, the Council fmds and determines that this criterion is met. 5) Criterion: [ALVO 18.88.030.A.4.b.] ... That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. This criterion concerns the adequacy of key facilities relative to the impact of the proposed development. The requirement is not necessarily that the facilities are currently in place, but that they can be provided. The Council finds that adequate key City facilities can be provided to serve the project including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. The record reflects that adequate facilities are available as the project is located in an area that is already developed with sewer and other utility improvements. Water, sanitary sewer, storm sewer and electric . services are available from Otis Street and will connect through the site to the existing system in Randy Street. Paved access is provided by Randy and Otis streets, as well as by the proposed new street running through the site. It is feasible to construct the internal street improvements. [R-164] Primary access to the neighborhood is by way of North Laurel Street which is classified as an Avenue (major collector). Randy and Otis streets, as well as the new street in the subdivision, are classified as Neighborhood Streets. A Traffic Impact Study was prepared for the project and projects that the intersections surrounding the site involving Randy, Otis, Willow, Drager and North Laurel streets will continue to operate at acceptable levels with build out of the proposed project. [R-245][R-370] Also, as regards adequate transportation facilities, the primary pedestrian attra,ctors in the neighborhood are Helman School, the dog park and the Bear Creek Greenway. Sidewalks are in place on the south side of Randy Street from the east side of Laurel Street to Helman Street. Helman School is located at Randy St. and Helman Street, and the dog park and greenway are at the northern end of Helman Street. The proposed application will install sidewalks on Randy Street from the western boundary of the subdivision to the intersection of Randy Street and Laurel Street. In addition, a pedestrian easement is provided on Lot 18 connecting the new street to Randy Street. This multi-use path will provide a direct route for pedestrians and bicyclists from the interior of the subdivision to Randy Street. The Council concurs with the Planning Commission that the most likely route that residents of the proposed subdivision would take to Helman School and further north to the dog park and greenway would be this direct route through Lot 18 and the northeastern open space to the new sidewalk on Randy Street. Pedestrians would then cross at the intersection of Randy Street and Laurel Street to the existing sidewalk on the south side of Randy that links to Helman School and Helman Street. New public sidewalks will also be installed on the Otis Street frontage, and on both sides of the proposed new street running through the subdivision. The Council further fmds and determines that the major means of vehicular access to this subdivision is from Randy and Otis streets. Randy and Otis will be fully improved to City COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 51 Page -4- standards with the installation of sidewalks, accordingly, ALVO 18.80.02O(B)(7) is also satisfied. Contrary to appellants assertion that all streets must be improved, the Code expressly requires only major access streets be improved to City standard. Based on the detailed findings set forth herein, the detailed findings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by competent substantial evidence in the whole record, the Council fmds and determines that this criterion is met, or can be met with the imposition of conditions. The above is subject to condition of approval # 36 below. 6) Criterion: [ALVO 18.88.030.A.4.c.] ... That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of development and significant features have been included in the open space, common areas, and un buildable areas. The Council finds and determines that ALVO 18.88.030.A.4.c. requires the identification of features of the land that are both existing and natural and that entirely human-made features are not encompassed by this criterion. Nevertheless, the alteration of existing and natural features of the land, including the addition of human-made features does not disqualify such natural features from protection if such features remain significant. More importantly, the Council finds and determines that ALVO 18.88.030.A.4.c. requires the preservation of significant existing and natural features of the land. . Features are "significant" if they are important and meaningful ecological resources. To the extent opponents argue that human-made features of the land fall within the protection of this criterion (under the term 'existing') that interpretation of the Code is expressly rejected. Features must be both existing and natural. The statutory interpretation rule of ejustem generis supports this interpretation of features as being those consistent with the list. The ejustem generis rule limits the general words "such as" to only those things of the same general kind or class as those specifically listed. In addition, case law (e.g. concerning variance standards) often interprets the phrase "features of the land" as including only natural features and neft human-made features. Accordingly, the Council finds and determines that all trees, geothermal water, geothermal springs and wetlands identified on the applicant's Outline Plan are existing and natural features. The City Council further finds and determines that the following existing and natural features are significant: All trees not planned for removal and all wetlands and geothermal water and geothermal springs not planned for alteration and mitigation in accordance with State of Oregon permits, as shown on the Outline Plan. Specifically, the property's water source as encompassed and contained with the wellhead is a significant natural feature. The alteration of the feature by the addition of the wellhead structure does not disqualify this existing and natural feature from protection as significant. However, the existing and natural feature within the pool, (spring openings) are not deemed significant and need not be included in common area. The Council finds and determines, consistent with the Planning Commission fmdings, that the water source, the wellhead and associated spring, and to an extent, the water itself is the significant feature and shall be preserved in common areas. Accordingly, all the above-identified significant existing and natural features either are contained in common areas as shown on proposed plan or shall be contained in common areas, open spaces or unbuildable areas. The Council finds and determines that "unbuildable areas" for purposes of Chapter 18.88 are areas within open space common areas and also not within building envelopes for permitted COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -5- .- 0('1 construction in such open space common areas. As a condition of approval, the applicant shall submit a revised site plan which clearly delineates and shows the significant existing and natural features including but not limited to the wellhead, and tree no. 13, in open space areas to be dedicated to the homeowners association. This appears as condition of approval #35 below. Also, as proposed by the applicant and addressed in condition of approval 33, the Final Plan application for the proposed subdivision will include the wellhead and a water feature (as further defined in the conditions) served by the associated spring from the well in a common area for the subdivision. Additionally, a conservation easement or deed restriction will be used to protect the wellhead and associated spring in perpetuity. The maintenance of the open spaces and common areas, and the existing and natural features to be preserved as described above will be addressed in the covenants, codes and restrictions for the homeowners association. Based on the detailed findings set forth herein, the detailed findings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by competent substantial evidence in the whole record, and subject to conditions of approval, the Council finds and determines that this criterion is met. ,.. 7) Criterion: [ALUa 18.88.030.A.4.d.] ... That the development ofthe land will not prevent land from being developed for the uses shown in the Comprehensive Plan. The Council finds and determines that development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. The subject parcel as well as the surrounding properties and neighborhood are located in the R-1-5 Single-Family Residential district. The subject property is an oversized parcel in the middle of a block that has single-family lots adjacent to the eastern and western property boundaries. The properties directly adjacent to the east and west of the site as well as the larger neighborhood in the area are developed as single-family homes. Based on the detailed findings set forth herein, the detailed fmdings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by competent substantial evidence in the whole record, the Council fmds and determines that this criterion is met. 8) Criterion: [ALUa 18.88.030.A.4.e.] ... That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in'the entire project. The application materials indicate a homeowners association will be established to provide for maintenance of the open spaces and common areas, and the protection of existing and natural features to be preserved. [R-165] Wetland areas are subject to State of Oregon and Army Corps enhancement requirements which include regular maintenance. Until turnover of common areas to the Association, the common areas must be maintained by the owner/developer. Based on the detailed findings set forth herein, the detailed findings of the Ashland Planning Commission, specifically incorporated herein by this reference, as COUNCIL FINDINGS OF FACf, CONCLUSIONS OF LAW AND ORDER Page -6- :;:~ " well as by competent substantial evidence in the whole record, and subject to conditions of approval, the Council fmds and determines that this criterion is met. 9) Criterion: [ALVa 18.88.030.A.4.f.] '" That the proposed density meets the base and bonus density standards established under this Chapter. The Council fmds and determines that the density meets the base density standards established under the Performance Standards Options for the Single-Family Residential (R-I- 5-P) zone. The property's R-I zoning designation and lot area of 4.34 acres permit a base density of 19.53 units (4.34 acres @4.5 units/acre = 19.53 units). The application states the conservation density bonus will be used, which would increase the number of possible units to 22 (19.53 units x .I 5 conservation density bonus = 2.92 units). Eighteen units are proposed including 17 new homes and one large lot which will contain the existing home and indoor pool. Based on the detailed findings set forth herein, the detailed findings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by competent substantial evidence in the whole record, the Council fmds and determines that this criterion is met. 10) Criterion: [ALVa 18.88.030.A.4.g.] ... The development complies with the Street Standards. Development is proposed to comply with the street standards as provided in 18.88.020K, except as provided in the exception to Street Standards preserve existing trees and wetlands. [R-165][R- 167]. The findings of compliance With street standards and exceptions as set forth in the record at R-167 thru RI69 are specifically incorporated herein by this reference. Based on the detailed findings set forth herein, the detailed fmdings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by competent substantial evidence in the whole record, the Council finds and determines that this criterion is met. (See also supportive findings set forth below) II) Criterion: [ALVa 1.88.050.F.] An exception to the Street Standards is not subject to the variance requirements of Section 18.100 and may be granted with respect to Street Standards in 18.88.050 if all of the following circumstances are found to exist: A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. B. The variance will result in equal or superior transportation facilities and connectivity; C. The variance is the minimum necessary to alleviate the difficulty; and D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Option Chapter. 18.88.010 Purpose and Intent. The purpose and intent of this Chapter is to allow an option for more flexible design than is permissible under the conventional zoning COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -7- ~;2.. codes. The design should stress energy efficiency, architectural creativity and innovation, use the natural features of the landscape to their greatest advantage, provide a quality ofUfe equal to or greater than that provided in developments built under the standard zoning codes, be aesthetically pleasing, provide for more efficient land use, and reduce the impact of development on the natural environment and neighborhood. The Council finds and detennines that the proposal to use a curbside sidewalk for sections of the Otis and Randy Street frontages to preserve mature trees, wetlands and the historic home meets the applicable criteria for an Exception to the Street Standards in Chapter 18.88. On the Otis Street frontage, the proposal is to curve the sidewalk around three trees using a curbside sidewalk. On the Randy Street frontage, the proposal is to use a curbside sidewalk along the length of the frontage to preserve the wetlands adjacent to the street, preserve the historic home at 247 Otis which is immediately adjacent to the -street right-of-way, and to further protect the large stature trees in the northeastern comer of the property. The installation of the required sidewalk and parkrow improvement includes a seven-foot wide parkrow between the curb and the sidewalk. If the parkrow were installed on the Otis Street frontage the 43-inch diameter at breast height (dbh) Monterrey Cypress, 47-inch dbh Weeping Willow and the 38-inch dbh White Mulberry (trees 4,5 and 6 respectively on the Tree Inventory Plan) would need to be removed because the sidewalk would be located where the trunks of the trees currently are sited. If the parkrow were installed on the Randy Street frontage, the sidewalk would intrude into the wetlands in the western portion of the site, would intrude into the wetlands to the west of the pool house, would require removal of a portion of the historic house, and would intrude into the driplines of two Sugar Maples 38-inchand.30,..inch dbh {trees 22 and 24 respectively on the T.ree. . Inventory Plan). These existing natural features (wetlands and trees) are "unique or unusual" aspects of the site which make compliance with the specific requirements of the street standards difficult. In addition, while it is possible to remove the trees and build the sidewalk in the wetlands, the Commission found and the Council concurs with the finding that preservation of trees and wetlands is consistent with the purposes of the Perfonnance Standards Option Chapter to reduce the impact on the natural environment. Accordingly, while the curbside sidewalk is not the required pedestrian facilitY under"the Ashland Street Standards, the preservation of the natural features must be balanced with providing safe, convenient and attractive walkways. The curbside sidewalks in the sections of Otis Street and on the Randy Street frontage will also provide a safe and direct pedestrian connection to the east of the subdivision which is equal to or superior to that required by the street standards. The sections of proposed curbside sidewalk have been minimized and a parkrow has been included in areas not impacted by natural features and the historic home, which addresses the requirement that the variance be the minimum necessary to address the difficulty. Finally, the sidewalk design is consistent with the purpose and intent of the Perfonnance Standards Options Chapter 18.88 in that is allowing an option for a more flexible design for the pedestrian corridor to use the natural features of the landscape to their greatest advantage. Based on the detailed findings set forth herein, the detailed findings of the Ashland Planning Commission, specifically incorporated herein by this reference, as well as by COUNCIL FINDINGS OF FACf, CONCLUSIONS OF LAW AND ORDER Page -8- 03 ~ competent substantial evidence in the whole record, the Council finds and determines that this criterion is met. IV. OTHER ALLEGATIONS BY APPELLANTS Alleged Conflict of Interest Appellants ( opponents) raise the issue of an actual conflict of interest on the part of Councilor Amarotico. The Council finds and determines that Councilor Amarotico had only a potential conflict of interest and accordingly the hearing body was impartial. As a preliminary matter at the commencement of the October 17, 2006 hearing, Councilor Amarotico properly disclosed a potential conflict of interest, namely that his brother lives on the opposite side of the street from the property subject to the current application. Although the full City Council could challenge the Councilor's declaration pursuant to ALVO Section 18.108.100(8), the Council did not challenge the Councilor's declaration. Duri~g the course of the proceeding legal counsel explained the conflict was a potential conflict because the effect of the decision could be to the private pecuniary benefit or detriment of the Councilor's relative. In order for this property ownership to be an actual conflict of interest, the decision would have to be to the private pecuniary benefit or detriment to the Councilor's brother. It cannot be said that official action "definitely would" have an effect. It was mentioned that one of the examples used by GSPC of a potential conflict of interest is ownership of property by a Planning Commissioner adjacent to a parcel under consideration for a conditional use permit. Accordingly, the Councilor's potential conflict did not require abstention from participation or voting. Councilor Amarotico participated in the hearing and in the tentative oral decision. However, the Councilor's term ended before the adoption of this final written de.cision. No challenges by participants were made against Council members orally or in writing prior to or during the October 17, 2006, hearing. On October 17, 2006, after the opponents had completed their testimony, the hearing was continued to Novembet: 7, 2006. The November 7, 2006, continued hearing also started with the opponents. Prior to opponents testimony, an opponent shouted that Councilor Amarotico had an actual conflict of interest. After restating the potential conflict, the Councilor then agreed with the following statement of impartiality: "I have not prejudged this application and I am not prejudiced or biased by my prior contacts or involvement; I will make this decision based solely on the application of the relevant criteria and standards to the facts and evidence in the record of this proceeding." The opponent was directed to address the matter when he was called to speak. He did speak moments later but did not address the conflict allegation. The Council completed the public hearing on November 7,2006; however, at the request of opponents, the Council left the record open for seven days, until November 15, 2006. Materials were submitted by opponents while the record was open; however, again, there was no factual challenge to Councilor Amarotico. At deliberations, during preliminary matters an opponent indicated on the speaker request form that COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -9- ~4- he wished to address an alleged conflict of interest. He was directed .to write the allegations down on the form and deliver it to the clerk. The Council took a break from the application to facilitate this writing. The opponent refused to write down any factual challenge, only writing that he objected to having to write down his challenge. The opponent wanted to orally address the 'Council during deliberations. The Council refused, finding the opponent had numerous opportunities to make a factual challenge and had utterly failed to do so. The Council finds and determines that every participant is entitled to an impartial decision maker; however allegations of bias or conflict of interest must be accompanied by factual assertions sufficient to give the member and the Council the opportunity to address the matter. The Council further finds that unsupported allegations are irrelevant and prejudicial to the hearing process and to individual Council members; no participant has the right to disrupt the public hearing, cross examine Council members, or to participate in deliberations under the guise of a conflict of interest or bias challenge. Alleged Procedural Error before the Planning Commission Appellants (opponents) raise the issue of procedural errors before the Planning Commission. The Council finds and determines that alleged procedural errors before the Planning Commission are irrelevant to the Council's de novo consideration of the matter. . The Council finds and determines that most allegations of Planning. Commission error are simply disagreements over language choices in the Planning Commission findings.. These language issues have no real bearing on compliance with code criterion and are not critical to the City's decision; they are mere surplusage. Cotter v. City of Portland, 46 Or LUBA 612 (2004). Further, no alleged error has been shown to so control or taint the Council's.decision so as to prejudice the rights of the parties. Pfahl v. City of Depoe Bay, 16 Or. LUBA 796 (1988). Alleged "traffic mitigation" errors Appellants (opponents) assert that the Planning Commission erred in not imposing: (1) a condition of approval for all access streets to be upgraded to city standards and (2) a condition of approval requiring the developer to share the expense of street improvement costs as traffic mitigation costs. As noted in findings above under ALUO 18.88.030.A.4.b, the appellants disagree with the level of street improvement exactions imposed on this 18 ,lot .subdivision and in asking for all slreets to be improved request an interpretation of ALUa 18.80.020(B)(7) which ignores the word "major" The Council declines to interpret the Code to require that all streets be fully improved to City standard as inconsistent with the language of the code and with constitutional principles governing the imposition of exactions. To address the second allegation of error, Applicant and Appellants negotiated imposition of the following conditions: COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -10- I~ l-~ i<:... ....) (1) Council shall establish, on an expedited and timely basis, its new policy regarding the . appropriate use of LID approval conditions and non-remonstrance agreements or other options to mitigate subdivision traffic impact. (2) As part of final plan approval, based on a plan submitted by PD staff and/or applicant, PC shall require mitigation of traffic impact as an approval condition within guidelines of council's new traffic mitigation policy. Appellants (opponents) also submitted an incomplete petition alleging 95% community support for this consensus position. As regards the alleged popularity of the proposed consensus conditions, the Council finds and determines that no approval criterion for this outline plan approval requires popularity of proposed conditions of approval for imposition. Nor is consensus between the applicant and appellants required for imposition of conditions of approval. The Council has not delegated quasi-judicial decision making authority to informal neighbourhood petitioning or negotiated agreements between applicants and appellants. The Council further finds that proposed conditions of approval requiring the City Council to perform discretionary legislative acts or policy making are inappropriate in quasi-judicial proceedings. The Council finds it improper and contrary to public policy for appellants to use quasi-judicial proceedings to coerce applicants into conditions of approval 'which have little or no bearing on the merits of the individual application. Conditions of approval must relate to achieving compliance with code criterion. The ALUO, Section 18.68.150, requires imposition of a condition concerning LID nonremonstrance on streets with some traffic impact, (in this case Laurel Street) and such a condition is imposed in condition 36 below. The Council further finds that there is no constitutional infirmity or conflict between the LID remonstrance provisions of' ALUO and the LID provisions of Chapter 13 of the Ashland Municipal Code. The provisions when read together are consistent with the requirements set forth by the Court in Larsson v. City o/Lake Oswego, 26 Or LUBA 515, 522, aff'd 127 Or App 647, (1994). The Council further finds that there is no error in the applicant proposing and the Council, agreeing to re-review t~e , impacts of the proposed development to determine compliance with code criterion again at final plan approval provided such review and imposition of exactions, if any, is consistent with a constitutionally required individualized determination of the impact of the development as related to the exaction. This condition is set forth in condition 37.' ' . " Alleged improper discussions and alleged right to rebut proposed conditions Appellants (opponents) object to testimony ill ih~ record indicatirig .apPellant agreed to anything other than the consensus language. Further appellants object to the fact legal counsel for the city spoke to legal counsel for the applicant that conditions of approvdl imposing exactions . necessarily must be limited by case law applicable to exactions, speCifically Dolan: Appellant asserts he is entitled to review and rebut any proposed condition. The Council finds and determines that there is no error in legal counsel for the City discussing the project with legal counsel for the applicant. Legal counsel is not the quasi-judicial decision maker; accordingly there is no ex parte contact and any alleged attorney bias is irrelevant. Torgeson v. City of Canby, 19 Or LUBA 511 (1990). (alleged city attorney bias irrelevant) The Council finds that there is COUNCIL FINDINGS OF FACJ', CONCLUSIONS OF LAW AND ORDER Page -11- ~~ no impropriety in staff discussions with parties, and further the Council finds and determines that no indirect ex parte contact - thru staff- has occurred. The Applicant's final written argument clearly reiterates: "Allow me to restate our position that any requirement fairly imposed to the development of Street Improvements will be accepted" (emphasis added) Clearly the Applicant has not indicated willingness to accept only the appellant's proposed condition. Finally, parties have no right to rebut the legal advice of staff or legal counsel, or to participate in deliberations such as the development of proposing findings and conditions to address the evidence in the record. Linebarger v. City of the Dalles, 24 Or LUBA 91, 93 (1992); Dickas v. City of Reaver ton, 92 Or App 168, 172-73, 757 P2d 451 (1988). Thornton v. St. He1e.rzs, 31 Or. LUBA 287 (1996). Arlington Heights Homeowners v. City of Portland, 41 Or LUBA 560, 565 (2001) (opponents have no right to review or rebut proposed findings prior to their adoption). Alleged error in findings indicating agreement. Appellants (opponents) allege it is e~or to indicate that applicaIit agrees to a condition of approval. The Council finds and determines that there is no errOr if findings indicate whether the applicant or others agreed to a condition of approval. Findings essentially require applicable law, relevant material facts, and an analysis of whether the facts as applied to the law demonstrate compliance or non-compliance. Findings'must also be supported with competent evidence in the record. Certainly findings of a~eement as regards compliance or as regards conditions of approval do not substitute for the required findings analysis. It may be that such findings (about who agrees to what) wI1l be foUnd to 'be sUrplusage but not 10 all cases. When an applicant presents plans or materials to the decision maker and agrees to comply with such plans to overcome non-compliance and obtain approval, it is relevant to the decision and appropriate fmdings will indicate that the applicant agreed and is bound hy the plans~ whether or not they are incorporated as conditions of approval. Perryv. YamhillCounty,'26 Or LURA 73, 87 (1993), aff'd 125 Or App 588 (1993), Alleged improper delegation in condition of approval. Appellants ( opponents) allege it is improper to allow in the condition of approval for the conservation easement being reviewed. ~d apprqv~~ by staff ~d legal counsel as to form. The Council finds and determines that delegations for technical compliance are entIrely appropriate. See Rhvne v. Multnomah Countv. 23 Or LUBA 442. 447 (992) (local government may condition permit approval to allow for a future technical review so long as the government first makes all discretionary determinations of compliance during a stage ~here statutory notice and hearing requirements are observed). If the conservation easement is granted to the City, a public hearing is also required by state law. COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -12- I &7 Alleged error as to matters in the record. Ap~llant's (opponent's) submission requests that the record include videos of the Planning Commission meetings where this application or the general issue of development access streets and LID policy was discussed, including specifically identified dates. No actual videos or tapes of such meetings were submitted while the record was open nor where they specifically incorporated into the record by the governing body: The Council finds and detennines that these" items are not included in the record according to LUBA'rules [OAR 661-01O-0025(1)(b) OAR 661-01O-0025(1)(c)] Nash v. City of Medford, 48 OR LUBA 647 (2004) (mere references to a document, without more, are not sufficient to make the document a part of the record). Hillsboro Neigh. Dev. Comm. V. City of Hillsboro, 15 Or LUBA 628, 629 (1987). Alleged procedural error in allowing new facts to come in during staff questioning. Appellants (opponents) allege error in allowing staff to introduce new facts. The Council finds and determines that there was no error if during staff questioning while the record was open, staff presented facts not already in the record. Opponents and appelhints were both invited to the" podium after staff spoke to rebut any new facts and the parties took advantage of this opportunity. In addition, the record was left open pursuant to ORS 197.763(6)(c) to permit any participant to submit additional testimony, argument, or evidence. Alleged procedural error in allowing final written argument. Appellants (opponents) allege error in allowing final written argument. The Oregon Legislature provided applicants the right to final written'argUment after the close of the record in ORS 197.763(6)(e). Appellants claim the rightto rebut any argument. As with rebuttal, the party With the burden of proof goes last. There was no error in j)ennittirig'the applicant to submit final written argument consistent with ORS 197.763(60(e). " Alleged procedural error in asking for 120-day extension Appellants (opponents) assert Applicant was coerced into an extension of the 120-day rule. The Applicant has not made such a complaint; ap~llant. would hav~ no st~ding to ,file a 120-4ay mandamus action. The procedure of asking the applicant if they agree to a continuance or to leave the record open is simply to take advantage of the language of ORS 197. 763( 6)( d) which excludes such delays from the 120-day nde "if requested or agreed to' by the applicanC' The Council finds and determines that there was no error, and no prejudice to appellants, in asking the applicant if they consent to leaving the record open. Applicant's right to include appellants in ~ppjicant's presentation COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -13- ~g Finally, the appellants (opponents) argue that procedural error occurred because the Applicant wasn't allowed to bring the appellants to the table during her presentation. The applicant is not asserting this error. Appellants claim also that Applicant did participate with them later, and assert that Applicant was given an unfair advantage. The order of proceedings is not decided by appellants but by the presiding officei and the Code. There is no pr~cedural error; even if there was an error the record was left open for ~ddition~1 testim~ny argument an~ evidence. Appellants took advantage of the additional opportunity. The Council finds and determines there was no procedural error and th~t no party ~a,s prejudiced by, the, order of proc~ed,ings.. v. ORDER In sum, the City Council concludes that the proposal represented in Planning Action 2006-00078 to develop an I8-unit single-family residential subdivision and to install a curbside sidewalk on the Otis and Randy street frontages to preser:ve mature trees, wetlands and the home at 247 Otis. Street is in compliance with all applicable approval criterion. Accordingly, based on the above Findings of Fact and Conclusions of Law, and based upon the evidence in the whole record, the City Council hereby APPROVES Planning Action #2006- 00078, subject to strict compliance with the conditions of approval, set forth herein. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2006-00078 is denied. The following are the conditions and they are attached to the approval: 2) . I) That all proposals of the applicant are conditions of approval unless otherwise modified here. That all easement for sewer, water, electric and streets shall be indicated on the Final Plan application'as required by the'City of Ashland. 3) That a utility plan for the project shall be submitted with the Final Plan application. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, fire hydrants, sewer mains and services, manholes' and clean- outs, storm drainage pipes and catch basiIis. The rerouted sanitary sewer and storm drain lines that are being relocated to the new street shall be the same size or larger than the current 'lines funning through the site as required by the Ashland Engineering Division. Any required private or public utility easements shall be delineated on the utility plan. - 4) That the Tree Protection and Removal Plan shall be revised to coordinate with the final utility plan, and shall be submitted with the Final Plan application. 5) That the storm drainage plan including the design of all on-site storm water COUNCIL FINDINGS OF FACT, CONCLUSION'S OF LAW AND ORDER Page -14- b9 7) detention systems and off-site storm drain system improvements shall be submitted with the Final Plan application. The permanent maintenance of on-site storm water detention systems must be addressed through the obligations of the homeowners' association and approved by the Public Works Department and Building Division. . . 6) That the applicant shall submit an electric distribution plan with the Final Plan application including l<:>~<;l_ cal~l,ll~~i~p.~ _cm~ IQ~l!Hol)s 9f all pIjrnary .~~ secondary services including transformers, cabinets, meters and all other necessary equipment. This plan shall be reviewed and approved by the Electric Department prior to submission of the Final Plan application. Transformers and cabinets shall be lpcated in areas least visible from streets, while considering the access needs of the Electric DepartmeI)r., . . . . . . That the required pedestrian-scaled streetlight shall consist of the City of Ashland's residential streetlight standard, and shall be included in the utility plan and engineered construction drawings for. the street improvements. 8) . I t The preliminary engineering for proP9sed street improvements shall be provided at Final Plan application. I Sireetimprovements shall be consistent with City of' Ashland Street Local Street Standards. The sidewalk improvements on Randy Street may be constructed at the curbside to preserve the wetlands, existing home and trees. Off site sidewalk improvements on Randy Street connecting the site to Laurel Street shall be included in the preHmipary engineering. The preliminary engineering shall include multi-use path improvements for the off-street path adjacent to the wetlands and for the off-street path connecting the new street to and through the northeastern tree open space~ That the Final Plan application shall demonstrate that the driveway curb cuts are spaced at least 24-feet apart as measured between the outside edges of the apron wings of the driveway approaches in accordance with the Ashland Street . . . Standards. 9) 10) 1 That the driveway for lot 14 shall be relocated so that.it does not cross the front . yard area of lot 13. 11) That the Final Plan application shall delineate vision clearance areas' at the intersections of streets and alleys throughout the project in 'accordance with 18.92.070.D. Structures, signs and vegetation in excess of two and one-half feet in height shall not be placed in the vision clearance areas. Building envelopes shall be modified accordingly o'n the Final }>1:~.sl1bmittal~. 12) Subdivision infrastructure improvements, including but not limited to utilities, public streets, street trees and iITigation and open space landscaping and irrigation COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -15- 70 shall be installed or a bond posted for the full cost of construction prior to signature of the final survey plat. If a bond is posted for common area and open space improvements, the common area and open space'improvements inCluding but not limited to landscaping, irrigation and pathway improvements shall be installed in accordance with the approved plan prior to the issuance of the ninth building permit (halfway through the building permits for single-family homes). The project landscape architect shall inspect the common area and open space improvements for conformance with the approved plan, and shall submit a final report on the inspection and items addressed to the Ashland Planning Division. The applicant shall schedule a final inspection including the project landscape architect with the Ashland Planning Division of the common areas and open spaces prior to issuance of the ninth building perin it. 13) That the street name shall be reviewed and approved by Ashland Engineering for compliance with the City's resolution for street naming. '\ ,,' I _. , ~: f ' 14) That the final wetland delineation and mitigation plan shall be approved by the necessary state and federal agencies, and the necessary state and federal permits received prior to the Final Plan application. If the final wetland delineation report submitted for state and federal review differs significantly from the preliminary determination (i.e. larger area or additional wetland areas), the Outline Plan shall be modified prior to an application for Final Plan approval. 15) That the wetland mitigation plan including a grading and planting plan shall be submitted with the Final Plan application. 'Tha{ an engineering analysis of the water flow and potential ponding, and any potential impacts to adjacent properties shall be submitted with the Final Plan application. The engineering analysis shall address the potential to meter excess runoff to the storm drain to prevent backup of water in the wetlands. 16) That the Tree Protection and Removal Plan shall be revised in the Final Plan application to include lot 18. 17) That the recommendations of the Ashland Tree Commission, with [mal approval , by the Staff Advisor, shall be incorporated into the Tree Protection and Removal Plan. 18) That a Verification Permit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division prior to site work, storage of materials and/or the issuance of an excavation or building permit. The Verification Permit is for the installation of the tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior to site, work or 'storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall arid COUNCIL FINDINGS OF FACf, CONCLUSIONS OF LAW AND ORDER Page -16- 71 20) 21) 22) 23) 24) 25) installed in accordance with 18.61.200.B. 19) That a size and species specific landscaping plan for the parkrows and open ' spaces shall be provided at the time of the Final Plan application. , . That street trees, located one per 30 feet of street froritage; shall be installed in the parkrow along street frontages as part of the subdivision infrastructure improvements. Street trees shall be chosen from the Recommended Street Tree List and shall be installed in accordance with the specifications n~ted in the Recommended Street Tree List. The street trees shall be irrigated. That the landscape plan at Final Plan application shall attempt to' mitigate the loss of a parkrow in the areas of curbside sidewalk (i.e. adjacent to wetlands on new street, and on the Randy Street frontage) by providing street trees behind the sidewalk that will be provide a canopy over the sidewalk and street to improve the pedestrian environment, provide shade and traffic calming benefits. Fence heights within side and rear yard areas adjoining the off-street pedestrian paths from and open spaces shall not exceed four feet. Stipulations with regards to fencing shall be described in the project CC&R's. That a draft copy of the CC&R' s for the homeowners association shall be . provided at the time of Final Plan application. Lot 18 shall be included in the homeowners association and subject to all subdivision requirements including the Tree Protection Plan and Wetlands Mitigation Plan. (Lot I8is expressly found . not to be an existing legal lot and is therefore part ofthe.subdivision)..ICC&R's. . , shall describe responsibility for the maintenance of all conimoh area and open ' space improvements, parkrows and street trees. CC&R's.shall describe a system for governance of the use of the wellhead and associated spring by the subdivision residents. CC&R's shall note that any deviation from the Tree Protection Plan and Wetlands Mitigation Plan must receive written approval from the City of Ashland Planning Department. That existing building greater than 500 square feet proposed for removal shall require approval of a Demolition Pennit prior to moving,or demolition. That the Final Plan application shall include a lot coverage calculations in square footage and percentage for each lot. Open spac~ area less the impervious common' improvements (i.e. streets and sidewalks) and less lot 18 shall.be distributed evenly across the remaining 17 residential lots. 26) The setback requirements of 18.88.070 shall be met an<;l identified on the building pennit submittals including but not limited to the required width between buildings as described in 18.88.070.D. COUNCIL FINDINGS OF FACI', CONCLUSIONS OF LAW AND ORDER Page -17- 1:L 27) That the setbacks on lot 14 shall be revised so that the front yard is opposite of the back yard in accordance with 18.08.430 in the Final Plan application. The rear yard for lot 14 shall be located as shown adjacent to the east property line to mirror the yard pattern of the existing homes to the east. 28) That all new structures shall meet Solar Setback A in accordance with Chapter 18.70 of the Ashland Land Use Ordinance. Solar setback calculations shall be submitted with each building permit and include the required setback with the formula calculations and an elevation or cross-section clearly identifying the height of the solar producing point from natural grade. 29) Individual lot coverage calculations including all impervious surfaces shall be submitted with the building permits. Impervious driveway' and parking' areas shatl be counted as pervious surfaces for the purpose of lot coverage calculations. 30) That all homes shall qualify in the Ashland Earth Advantage program in accordance with 18.88.040.8.3.a. The applicant shall meet with the Ashland Conservation Division regarding eligible site activities prior to issuance of an excavation permit. The required Earth Advantage documentation shall be submitted with each building permit application. 31) That fencing shall not be installed around the perimeter of the preserved wetland in the western open space. 32) That if lot 18, the lot containing the existing residence and indoor pool (Helman Baths), is partitioned or divided in the future, the application shall be required to be processed as an amendment to the subdivision. In accordabce withthis- subdivision approval, any new lots created from lot 18 shall be required to construct conservation housing to meet density bonus requirements in accordance with 18.88.040.B.3.a and shall participate in the homeowners' association. 33) The Property includes a wellhead and associated spring adjacent to Lots 13 and 14 on the outline plan, and serving the existing pool on LoH8. In connection with final plan approval, the wellhead and land immediately surrounding it shall be dedicated as common area for the benefit of the subdivision's homeowners' association. Prior to final plan approval, the Applicant shall submit a form of conservation easement or deed restriction for review and approval :Of the Ashland Legal and Planning Departments designed to protect, in perpetuity, the:wellhead as an existing and the associated spring as a natural feature of the property. The beneficiary of the conservation easement or deed restriction shall be the subdivision's homeowners' association, which shall be entitled to enforce its terms. The terms shall include provisions allowing the homeowners' association to enhance the well in the future, subject to compliance with all laws then in COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -18- J "'; " f effect. The terms shall also prevent the homeowners' association or any future owner from capping, degrading or destroying the. wellhead. Applicant may re~ord an irrevocable license and concurrent easement for the benefit of Lot 18, for the purpose of allowing the owner of Lot 18 and her successors jn intere.st to continue receiving water flow from the well in an amount roughly consistent with the current amount of water used to serve the existing pool on Lot 18. Under the terms of the irrevocable license, easement, and cOQ.servationeasement or deed restriction, the homeowners' association will be permitted to make all lawful use of the well located in the common area for the benefit of the subdivision's residents, provided such use does not unreasonably interfere with the concurrent right of Lot 18 to continue to receive water from the well in an amount similar to the amount currently utilized to serve the existing pool located on Lot 18. In connection with final plan approval, the applicant /ihall design and i1l$tall .a. w.ater , feature in the common area where the wellhead is located, to be ,served by water from the well, for the benefit of the members of the subdivision's homeowners' association. That an instrument such as a maintenance agreement shall be included with the easement or deed restriction which would address responsibility of maintenance of the wellhead. That if Lot 18 is partitioned or divided in the future, the first right of access to use the spring shall be offered to the homeowners' association. As regards the water feature, applicant shall construct a water feature that (1) highlights and presents the geothermal water as a daylighted part of the open space, (not inside a building), (2) honors the historical character of the geothermal. springs area, and (3) directs the features',s.geothermal,wa~er into the west side geothermal wetland. This condition, agreed to by the applicant, is subject to State of Oregon wetland permitting as regards numbered item (3). 34) That the Final Plan application include a determination of whether a permit is needed from the Oregon Water Resources Department (OWRD) to, use the spring accessed by the wellhead which feeds the pool on Lot 18. If a,pe.nnit is ,r.eqlli~~, evidence of permit approval and issuance shall be submitted to ,the Planning . Division prior to recording some form of conservation easement or deed restriction for the spring and wellhead, and prior to ~ignature of the final survey plat. ) 35) The applicant shall submit a revised site plan which clearly delineates and shows the significant existing and natural features including but not limited to the wellhead and associated spring and tree no. 13, in open.space areas to'~ dedicated to the homeowners association. 36) Applicant shall execute a document as consistent with ALUO 18.68.150 agreeing to participate in their fair share costs associated with a future Local Improvement District for improvements to Laurel Street and to not remonstrate against. such. I " . District. Nothing in this condition is intended to prohibit an owner/developer, their successors or assigns from exercising their rights to freedom of speech and COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW ANI) ORDER Page -19- 1'1 expression by orally objecting or participating in the LID hearing_Qr to take advantage of any protection afforded any party by City ordinailces and, . resolutions. 37) Applicant shall mitigate traffic impact of this 18 lot subdivision consistent with a constitutionally required individualized determination of the impact of this development in relation to any requested off-site improvements, in accordanc~ . . with Ashland City Code, as may be in place at the time of application for final plan approval. Applicant has indicated acceptance of any requirement fairly imposed [related] to the development of street improvements. Ashland City Council Approval dr-w,~\~ Ma or John W. Morri , , Signature authorized and approved by the full Council this L day of January, 2007. Date: Iff 107 ( . I COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Page -20- ""'ll!;'" t ~ -Oregon Theodore R. Kulongoski, Governor RECEIVED Department of State Lands 775 Summer Street NE, Suite 100 Salem, OR 97301-1279 (503) 378-3805 FAX (503) 378-4844 www.oregonstatelands.us. JAN 1 8 2001 January 12, 2007 City of Ashland Community Deveiopment State Land Board Devian Aquirre Sage Development 2305 Ashland St Ashland, OR 97520 Theodore R. Kulongoski Governor Re: Wetland Delineation Report for Helman Springs Project, North of Otis St. and South of Randy St., Ashland, Jackson County, T39S R01E Sec. 04BC, Tax Lot 400, WD #06-0387; App. #37353 Bill Bradbury Secretary of State Randall Edwards State Treasurer Dear Mr. Aquirre: The Department of State Lands has reviewed the wetland delineation report prepared by Northwest Biological Consulting for the site referenced above. Based on the information presented in the report, site visit on December 7,2006, and additional information submitted upon request, we concur with the wetland and waterway boundaries as mapped in revised Figure A of the report. Within the parcel, 4 wetland units were identified, totaling 0.715 acres. The ditches identified are non-jurisdictional. The wetlands are subject to the permit requirements of the state Removal-Fill Law. A state permit is required for fill or excavation of 50 cubic yards or more in a wetland area. This concurrence is for purposes of the state Removal-Fill Law only. Federal or local permit requirements may apply as well. This concurrence is based on information provided to the agency. The jurisdictional determination is valid for five years from the date of this letter, unless new information necessitates a revision. Circumstances under which the Department may change a determination and procedures for renewal of an expired determination are found in OAR 141-09D-0045 (available on our web site or upon request). The applicant, landowner, or agent may submit a request for reconsideration of this determination in writing within 60 calendar days of the date of this letter. Thank you for having the site evaluated. Please phone me at extension 252 if you have any questions. Sincerely, ~~ Wetlands Specialist Approved by C , Ja t C. Morlan, PWS Wet nds Program Manager cc: Scott English, Northwest Biological Consulting City of Ashland, Planning Department (Maps enclosed for updating LWI) Garrett Dorsey, Corps of Engineers Bob Lobdell, DSL G:\WWC\Wet1ands\Det - WN Letters\2006\06-0387.doc l' @ ~ J ~ ... ::a ;-. z~~ o N ~ o CO ~o:: ~ :s08 ::s .~ cnl!cb Casco o-~ uij_ -~~ .~ :-~ 8>> Ci) - ocu .- 0 mas -c cncu I~ .r:.~ t:::N oCW') Z . '.7 1.4 2.1 1.1 5CA1.E 1:24000 .... . _'I&.~'"'' - ~ J )' - .--.' \ I- I ,.....__ _.. ..J ...."'......... ...."'...., MO.U) LEGOIn ~ 1leM_..._................._........... u........... ....................................... . Tr...... .................................................. o .......II..~ ........ 011.5 Ko.... Os....,. ~....._... . .-- .... ...... ... .If' Iin :tOUllINTUVI\1. 40 ff>ET .. -.......~,;.. .._. --.1,- ~ "'11 ....,ua_ ""''' "(\1_'\' sr_~ ,......"". :\ '11'''_''4' ".., .n' I1OM'H. I'nCIlMIN' 1lIInS. /Ill Rr,,'lTCIN. V1HColN,^ ""' --....-...... .. .. ....... ....... tit ..... r-, I ....... I I J . .. "- : t= 4 $ !P= . , . . ........' -. ASHLAND.OREG PROVISIONAl EDfTlON 41. It....... TF.... USGS Topographic Map ) J I' Figure 1 7~ Final Plan Application PA 2007-00455 ~., /''''/ I , I , ar.lI ....~ Pbnnmg~ :_-'-C.'I'''c) f . ... 51 Winburn Way, Ashland OR 97520 -ASHLAND 541-488-5305 Fax 541-488-6006 PLANNING APPLICATION File # ,cao7- m ~SS Date Received ,:5;' - /1/, - 01 Type ..L Filing Fee $ /90.3. otJ Zoning Comp Plan Designation Minor Land Partition Variance Conditional Use Permit BoUD Line APPLICATION IS FOR: Outline Plan (# Units) Final Plan Site Review Annexation Zone Change Comp Plan Change Staff Permit Solar Waiver Application pertains to (chapter, section, subpart) of the Ashland Municipal Code. APPLICANT Name SaZ)L Uvt(OfVJ/lifAl1+ Address E-Mail Phone (for e-malIiDg Stafl'Report) City Zip PROPERTY OWNER Name '5a5t- T1:vdop Il1eh+ Address J- 3 D?S A-..:;Jllil~'I.J ~ c:J.: f.- (/44& Phone 468-1-//4- City JkJl/tlAlld Zip q 75m SURVEYOR. ENGINEER. ARCmTECT. LANDSCAPE ARCmTECT Name ~'t'~ Ji}t2j/VC~~V6 Phone Address City Zip DESCRIPTION OF PROPERTY Street Address 247 Df7S 9; I47Jt fauJ-- (; t2 Assessor's Map No. 39 IE o4l3C Tax Lot(s) ADO On a separate sheet of paper, list any covenants, conditions or restrictions concerning use of the property or improvements contemplated, as well as yard set-back and area or height requirements that were placed on the property by subdivision tract developers. Give date said restrictions expire. OVER ~ O:\coJDmo<lev\pIlmliDsIFOIDIS "HaIldowll'luuliQg Applic:olioD Fonn.doc 80 FINDINGS OF FACT Type your response to the appropriate zoning requirements on another sheet(s) of paper and -- -enclose it with this form. Keep in mind-your responses must be in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that SUDDOrts it. 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 or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished 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 S(!t 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 . t e. , s Signature -.ll t \ ~ l a ~Z Date As owner of the property involved in this request, I have read and understood the complete lication and its consequences to me as a property owner. . ~~( { Lt.1 Of S gnature ~ ~ ~ Date NOTICE: Section 15.04.240 ::;e1/eL'Asfd;}:Jtf,;;,icipal Code prohibits the occupancy of a building or a release of utilities prior to the issuance of a Certificate of Occupancy by the Building Division AND the completion of all zoning requirements and conditions imposed by the Planning Commission UNLESS a satisfactory performance bond has been posted to ensure completion. VIOLATIONS may result in prosecution and/or disconnection of utilities. '8/ O:\comm-<lcv\plmlllin&lForms Ik. HaadoulSlP1aDDiDs ApplicotioJl Form.cIoc Helman Springs Subdivision Application for Final Plan Approval Performance Standard Option ZONING: R-I-5P LOCATION: 247 OTIS STREET ASHLAND, OREGON LEGAL DESCRIPTION: 39 -IE - 04BC - TL 400 APPLICANT: SAGE DEVELOPMENT LCC. 2305 Ashland St. Ste. C446 Ashland, OR. 97520 ~. RECEiVED :},y>\". \ t M A'{ 1 l 2007 " i~'~' , ~ .... r: / ":"-'.'5 ".~'oc. ":' . , .,' Cp"",.,::;ment \,.r\J.; ..r ,....!.'".. -.. ,- APPLICATION FOR: FINAL PLAN - PERFORMANCE STANDARDS INCLUDES PREVIOUS APPLICATION FOR: OUTLINE PLAN - PERFORMANCE STANDARDS SINGLE FAMILY RESIDENTIAL ZONE: SUBDIVISION: PERFORMANCE STANDARDS: EXCEPTION TO STREET STANDARDS SOLAR ACCESS: TREE ORDINANCE OWNER: SAGE DEVELOPMENT LCe. 2305 Ashland St. Ste. C446 Ashland, Oregon 97520 541 488-4114 SURVEYOR: POLARIS LAND SURVEYING SHAWN KAMPMANN P.O. BOX 459 ASHLAND, OR 97520 541 482-5009 PLANNER: / AGENT: KEN CAIRN SAGER LAND ARCH. KERRY KENCAIRN 545 A STREET ASHLAND, OR 97520 541 488-3194 18.20.00 18.80.00 18.88.00 18.88.050 18:70 18:61.080 ENGINEER: THORNTON ENGINEERING JAMES PEARSON 1236 DISK DRIVE Ste. 1 MEDFORD, OR 97501 541 857-0864 ARBORIST: UPPER LIMB-IT TOM MEYERS P.O. BOX 881 ASHLAND, OR 97520 541482-3667 WETLANDS: N. W. BIOLOGICAL SCOTT ENGLISH P.O. BOX 671 ASHLAND, OR 97520 541 488-1061 ~~. PROJECT DESCRIPTION - FINAL PLAN: This application is for Final Plan approval for a residential subdivision that includes 17 new single family building lots, 1 existing residential lot, and 4 open space areas that incorporate the properties wetlands and existing large trees (significant features). The existing artesian well that has been designated as a significant feature, sits within a community owned open space, in addition a water feature fed by that well with a surrounding garden area has been proposed for the open space. Lot 18 contains two larger existing buildings and their associated out buildings, one of the larger structures houses an indoor swimming pool, the other is a house. All of the existing buildings on lot 18 are to remain. The project is accessed by a new public street that is an extension of the existing Draeger Street, and a private alley that allows rear access for lots 1 through 10. The intention of this project is to develop energy efficient cottage style homes. The two large open space areas dominate this site, and provide a mature natural setting for both the residence of this development and the neighbors. There are two pedestrian connections through the site that allow for complete linear access to the wetland and the large tree Open Space. The preservation of these large natural areas makes the performance standards option of development the ideal choice for this project, allowing the transfer of a small portion some of the lost lot coverage opportunity from these open area into the individual lot development (see lot coverage calculation spread sheet, and graphically Sheet P-2). The preservation of the wetland and the maintenance of the tree area park will be written into the Covenants of this project, a home owners association will be formed to manage the maintenance of these two areas. We will be implementing standard conservation housing methodology within this development, and we will employ a portion (3 % ) of the density transfer allowed under this provision. This project will be privately financed and built by Sage Development LLC through a conventional debt loan. The current owners of the property are Sylvia Chambers sand Aili Eggert (deceased). The development schedule for the infrastructure of this project will follow the approval of the final plan within one year. 18.88.030 Procedure for Approval B. Final Plan. 1. Procedure for approval. Type I procedure, as defined in this Title, shall be used for approval of final plans, unless an outline plan has been filed, in which case Type II procedure shall be used, and the criteria for approval of an outline plan shall also be applied. This project constitutes a type 2 procedure because it went through an outline plan approval process. 2. The final plan may be filed in phases as approved on the outline plan. This project will not be phased and is for an 18 residential lot sub-division with four additional open space lots. 3. If the final plan or the first phase of the outline plan is not approved within eighteen (18) months from the date of the approval of the outline plan, then the approval of the plan is terminated and void and of no effect whatsoever. Extensions may be granted as a Type I procedure. Not Applicable. 4. Contents. The final plan shall contain a scale map or maps and a written doclJ.lU,t..o~:S~1,Q,:wng the following for the development: .;x!. Kl::.{.;...:.l i/l:;,U a. A topographic map showing contour intervals of five (5) feet. ; ; ,~ .;.1: MAY 1 1 2007 2 .... '" "'I!O~ .' . ~ 1 ,.. . . ,- . ',. ~ ,.r CO;:."...;;: " z-,." ..Dpment See Sheet S-2 "Existing Features and Topographic Survey" b. Location of all thoroughfares and walks, their widths and nature of their improvements, and whether they are to be public or private. See Sheet S-1 "Proposed Subdivision site Plan" c. Road cross sections and profiles, clearly indicating the locations of final cuts and fills, and road grades. See Sheets C-l through C-12 Civil Engineering Plans d. The location, layout, and servicing of all off-street parking areas. Not applicable to this application. All parking will be garaged from private driveways or on street. On- street parking as shown on sheet P-l. e. The property boundary lines. See Sheets S-1 "Proposed Subdivision Plan", S-2 ''Existing Site Features and Topographic Survey" and SV-2 "Preliminary Plat". f. The individual lot lines of each parcel that are to be created for separate ownership. See Sheet SV-2 "Preliminary Plat". g. The location of easements for water line, fire hydrants, sewer and storm sewer lines, and the location of the electric, gas, and telephone lines, telephone cable and lighting plans. See Sheet SV-2 "Preliminary Plat", and Sheet C-9 "Utility Plan". h. Landscaping and tree planting plans with the location of the existing trees and shrubs which are to be retained, and the method by which they are to be preserved. See Sheets L-l "Subdivision Planting Plan, Sheet T -1 "Tree Inventory and Protection Plan", W-4 "Wetland Planting Plan". i. Common open areas and spaces, and the particular uses intended for them. See Sheets S-1 "Proposed Subdivision Plan", and Sheet SV-2 "Preliminary Plat". j. Areas proposed to be conveyed, dedicated, reserved or used for parks, scenic ways, playgrounds, schools or public buildings. See Sheets S-1 "Proposed Subdivision Plan", and Sheet SV-2 "Preliminary Plat". k. A plan showing the following for each existing or proposed building or structure for all sites except single- family, detached housing which meets the parent zone setbacks: This project is for single-family detached dwellings that meet the parent zone. The existing structures on lot 18 are out of conformance. i. Its location on the lot and within the Planned Unit Development. ii. Its intended use. iii. The number of dwelling units in each residential building. iv. On lots which are to contain detached single-family dwellings, building envelopes shall be included on the final plan which show the area and maximum height of improvements, including solar access and view protection constraints where required. See Sheets S-1 "Proposed Subdivision Plan". 1. Elevation drawings of all typical proposed structures except single-family, detached residences which meet parent zone setback requirements. The drawings shall be accurate and to scale, including all attached exterior hardware for heating and cooling. m. Manner of financing. n. Development time schedule. o. If individual lots are to be sold in the Planned Unit Development, a final plat, similar to that required in a subdivision section of the Land Use Development Ordinance." RECEIVED A preliminary Plat has been provided, See Sheet SV-2 "Preliminary Plat". ) !' 3 <gf , ~. "'.. MAY 1 1 2007 , . ~ ; C" .,: :,:. '~? Co,tie""", li DG,:",opment p. Final plans for location of water, sewer, drainage, electric and cable T.V. facilities and plans for street improvements and grading or earth-moving improvements. See Sheets C-1 through C-10 Civil Engineering Plans q. The location of all trees over six (6) inches diameter at breast height, which are to be removed by the developer. Such trees are to be tagged with flagging at the time of Final Plan approval. The trees on this site have already been tagged and are shown on Sheet T -1 "Tree Inventory and Protection Plan". 5. Criteria for Final Plan Approval. Final plan approval shall be granted upon finding of substantial conformance with the outline plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan shows that: a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. The number of proposed dwelling units remains the same between outline and final plans. b. The yard depths and distances between main buildings vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. The yard depths and lot sizes have remained substantially the same between outline and final plan, the major change is in how lot 14 is accessed from Draeger Street. Lot 18 is smaller as land was removed from this lot and transferred to common open space to accommodate significant features that were originally proposed to be part of lot 18. c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan. The Open Space Lots have remained the same between outline and final plan. d. The building size does not exceed the building size shown on the outline plan by more than ten (10%) percent. Building envelope sizes have not changed between outline and final plan, lot 13 and 14 have been slightly reconfigured from outline to final as a response to conditions of approval, there is no substantial change in their buildable areas or building envelopes. e. The building elevations and exterior materials are in conformance with the purpose and intent of this Title and the approved outline plan. Please see submitted building elevations. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. The minor density increase that was applied for in outline plan took advantage of the conservation housing bonus process. All of the homes will meet or exceed the City of Ashland cl!fe~'f,~ervation housing requirements. ii \,,,,....1 . '- g. The development complies with the Street Standards. (Ord 2836, S3 1999) , '.. ,~ ; ! MAY 1 1 4 )j~ ~',.. (. CO:'.:, '. ,; '_, ;, ;, .,}ment As part of our outline plan application we requested an exception to street standards to allow for the protection of trees and wetland resources. We also applied for the exception to street standards where the two existing structures do not allow enough room between the curb and the building for the standard sidewalk and parkrow. In all cases where we are asking for the exception, we have requested to put the sidewalk at the street. Trees have been added to these areas on the back side of the sidewalk to compensate for the lack of the parkrow planting opportunity. Council and Planning Commission Conditions of Approval from Outline Plan 1) That all proposals of the applicant are conditions of approval unless otherwise modified here. All proposals of this submittal shall be understood to be conditions of approval. 2) That all easement for sewer, water, electric and streets shall be indicated on the Final Plan application as required by the City of Ashland. All easements have been identified on the Preliminary Platt which is part of this submittal. 3) That a utility plan for the project shall be submitted with the Final Plan application. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, fire hydrants, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. The rerouted sanitary sewer and storm drain lines that are being relocated to the new street shall be the same size or larger than the current lines running through the site as required by the Ashland Engineering Division. Any required private or public utility easements shall be delineated on the utility plan. All of the required information above has been submitted as part of the Civil Drawings that are included with this application. 4) That the Tree Protection and Removal Plan shall be revised to coordinate with the final utility plan, and shall be submitted with the Final Plan application. The tree protection plan and the utility plans have been integrated so that no unnecessary impact will be placed on the trees due to the installation of utilities. Specifically, the cut off drain at the South edge of the property has been relocated as far to the north as possible to keep it further out from the center areas of the trees along Draeger Street. This, along with tree protection measures relating to excavation will protect the trees to the greatest extent possible. 5) That the storm drainage plan including the design of all on-site storm water detention systems and off-site storm drain system improvements shall be submitted with the Final Plan application. The permanent maintenance of on-site storm water detention systems must be addressed through the obligations of the homeowners' association and approved by the Public Works Department and Building Division. There are no on site detention systems on this project beyond the wetland which is a pre- existing though enlarged detention system. Off site storm drain systems include cut off drains on both the north and south edges of the property, these dr~jJ.l,s.l~.;~eing employed to control sub-surface flows onto and off of the site, these systen&Site'1tfeiil1.fied in the civil portions of this application. ' , .. . 5 '"i- (!' > ....._.~::.~,:; rJ,,\;;:;prnent M A'l 1 1 6) That the applicant shall submit an electric distribution plan with the Final Plan application including load calculations and locations of all primary and secondary services including transformers, cabinets, meters and all other necessary equipment. This plan shall be reviewed and approved by the Electric Department prior to submission of the Final Plan application. Transformers and cabinets shall be located in areas least visible from streets, while considering the access needs of the Electric Department. An electric distribution plan is being submitted as part of this application. See Sheets E-1 and E-2. 7) That the required pedestrian-scaled streetlight shall consist of the City of Ashland's residential streetlight standard, and shall be included in the utility plan and engineered construction drawings for the street improvements. See Sheets E-1 and E-2 which identify street lighting and use the City of Ashland approved Sternberg light. 8) The preliminary engineering for proposed street improvements shall be provided at Final Plan application. Street improvements shall be consistent with City of Ashland Street Local Street Standards. The sidewalk improvements on Randy Street may be constructed at the curbside to preserve the wetlands, existing home and trees. Offsite sidewalk improvements on Randy Street connecting the site to Laurel Street shall be included in the preliminary engineering. The preliminary engineering shall include multi-use path improvements for the off-street path adjacent to the wetlands and for the off-street path connecting the new street to and through the northeastern tree open space. Preliminary engineering has been submitted with this application, it includes street improvements as required by the City of Ashland Street Standards. The sidewalk along Randy Street and for small section of Otis are in exception to these standards in order to help preserve trees, wetland, and existing buildings. The multi-use path and the path along the wetlands have identified improvements as part of the project engineering as well. 9) That the Final Plan application shall demonstrate that the driveway curb cuts are spaced at least 24-feet apart as measured between the outside edges of the apron wings of the driveway approaches in accordance with the Ashland Street Standards. The final site plan shows the distances between driveways to be 24' or greater. 10) That the driveway for lot 14 shall be relocated so that it does not cross the front yard area of lot 13. Lots 13 and 14 share a driveway where neither lot has the drive as an element of its front yard. 11) That the Final Plan application shall delineate vision clearance areas at the intersections of streets and alleys throughout the project in accordance with 18.92.070.D. Structures, signs and vegetation in excess of two and one-half feet in height shall not be placed in the vision clearance areas. Building envelopes shall be modified accordingly on the Final Plan submittals. Vision c~earance areas have been identified on sheet S-1 and t~~~~5 envelopes have been adjusted as needed. : ....i..,.;,....J I.: 6 ~7 Mf\i 1 1 ('. ,,'.".. ,..; Cor:;; i..." .:;' [;;j, ...,UrJment 12) Subdivision infrastructure improvements, including but not limited to utilities, public streets, street trees and irrigation and open space landscaping and irrigation shall be installed or a bond posted for the full cost of construction prior to signature of the final survey plat. If a bond is posted for common area and open space improvements, the common area and open space improvements including but not limited to landscaping, irrigation and pathway improvements shall be installed in accordance with the approved plan prior to the issuance of the ninth building permit (halfway through the building permits for single-family homes). The project landscape architect shall inspect the common area and open space improvements for conformance with the approved plan, and shall submit a final report on the inspection and items addressed to the Ashland Planning Division. The applicant shall schedule a final inspection including the project landscape architect with the Ashland Planning Division of the common areas and open spaces prior to issuance of the ninth building permit. The subdivision infrastructural improvements will either be installed or bonded for prior to the signature of the final survey plat. The project Landscape Architect will oversee installation of all landscape elements, this will be accomplished before the ninth building will receive a building permit. The project Landscape Architect will perform a final inspection on all landscape elements and provide a final report to planning affirming that these elements have been installed according to plan and with appropriate practices. 13) That the street name shall be reviewed and approved by Ashland Engineering for compliance with the City's resolution for street naming. Draeger Street has been reviewed and approved by the city of Ashland. 14) That the final wetland delineation and mitigation plan shall be approved by the necessary state and federal agencies, and the necessary state and federal permits received prior to the Final Plan application. If the final wetland delineation report submitted for state and federal review differs significantly from the preliminary determination (i.e. larger area or additional wetland areas), the Outline Plan shall be modified prior to an application for Final Plan approval. The wetland delineation has been approved by the Division of State Lands under reference number 06-0387 and the mitigation plan has been approved by the Army Corps of Engineers in a document dated December 4, 2006. The fmal wetland delineation from the Division of State Lands has been incorporated into the plan documents, their was a small increase in wetland area, it is not in an area that we are proposing any fill or alterations; the large wetland actually shrunk, where the wetland along Randy Street included the area that is flooded by the pool, the two ditch wetlands were removed entirely from consideration by DSL, though we are still mitigating for their loss. The plans have been changed and there was no significant difference for our project design. 15) That the wetland mitigation plan including a grading and planting plan shall be submitted with the Final Plan application. That an engineering analysis of the water flow and potential ponding, and any potential impacts to adjacent properties shall be submitted with the Final Plan application. The engineering analysis shall address the potential to meter excess runoff to the storm drain to prevent backup of water in the wetlands. A wetland mitigation plan including grading and planting has been provided as part of this application. Thornton Engineering has provided an analysis ~~~tial wetland impacts to the neighborhood.i" .... t:. ,.... , ~ 7 ~?? ':.~ MAY 1 1 ~JOl ".::f'!'t, i" "ff,~~...~. ," "..../I'~,~~'!I.'"...,1 ~'" - -~-. 16) That the Tree Protection and Removal Plan shall be revised in the Final Plan application to include lot 18. Lot 18 has been included in the Tree Protection and Removal Plan. 17) That the recommendations of the Ashland Tree Commission, with final approval by the Staff Advisor, shall be incorporated into the Tree Protection and Removal Plan. The tree commission was supportive of this project and all recommendations have incorporated. 18) That a Verification Permit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division prior to site work, storage of materials and/or the issuance of an excavation or building permit. The Verification Permit is for the installation of the tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior to site work or storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall and installed in accordance with 18.61.200.B. No site work shall begin until a Verification Permit has been applied for and approved. The project Landscape Architect shall oversee the installation of the tree protection fencing per the plans submitted with this application. 19) That a size and species specific landscaping plan for the parkrows and open spaces shall be provided at the time of the Final Plan application. A size and species specific planting plan for parkrows and all other open space has been provided as part of the final plan documents. 20) That street trees, located one per 30 feet of street frontage, shall be installed in the parkrow along street frontages as part of the subdivision infrastructure improvements. Street trees shall be chosen from the Recommended Street Tree List and shall be installed in accordance with the specifications noted in the Recommended Street Tree List. The street trees shall be irrigated. Street trees have been identified on the planting plan 1 per 30 feet from the approved street trees list except where there are existing trees that may not be on the list but are still valuable and appropriate and/or where the wetland is adjacent to the sidewalk and wetland specific trees may be more appropriate. All trees on the planting plan have irrigation. 21) That the landscape plan at Final Plan application shall attempt to mitigate the loss of a parkrow in the areas of curbside sidewalk (i.e. adjacent to wetlands on new street, and on the Randy Street frontage) by providing street trees behind the sidewalk that will be provide a canopy over the sidewalk and street to improve the pedestrian environment, provide shade and traffic calming benefits. The landscape plan reflects the addition of shade trees along Randy Street and where needed on Otis Street to mitigate the lack of parkrow where trees and other constraints prohibit the creation of one. 22) Fence heights within side and rear yard areas adjoining the off-street pedestrian paths from and open spaces shall not exceed four feet. Stipulations with regards to fi!t~fQ!!bbe described in the project CC&R's. ., &... I .:. t, M i\Y 1 1 .~, "':'~_:Ui 8 . ,-~ . . . Ci)\"",'l.,;~,,;.,' j, '. '.:;;;ment A draft copy of the CC&R's which includes language covering this condition have been submitted with this application. 23) That a draft copy of the CC&R's for the homeowners association shall be provided at the time of Final Plan application. Lot 18 shall be included in the homeowners association and subject to all subdivision requirements including the Tree Protection Plan and Wetlands Mitigation Plan. (Lot 18 is expressly found not to be an existing legal lot and is therefore part of the subdivision). CC&R's shall describe responsibility for the maintenance of all common area and open space improvements, parkrows and street trees. CC&R's shall describe a system for governance of the use of the wellhead and associated spring by the subdivision residents. CC&R's shall note that any deviation from the Tree Protection Plan and Wetlands Mitigation Plan must receive written approval from the City of Ashland Planning Department. A draft copy of the CC&R's which includes language covering this condition have been submitted with this application. 24) That existing building greater than 500 square feet proposed for removal shall require approval of a Demolition Permit prior to moving or demolition. There are currently no buildings proposed for removal. 25) That the Final Plan application shall include a lot coverage calculations in square footage and percentage for each lot. Open space area less the impervious common improvements (Le. streets and sidewalks) and less lot 18 shall be distributed evenly across the remaining 17 residential lots. The lot coverage calculations and open space dispersal is included as part of this application. 26) The setback requirements of 18.88.070 shall be met and identified on the building permit submittals including but not limited to the required width between buildings as described in 18.88.070.D. Building Setbacks are identified on the site plan and will also be identified on all building permit submittals, all setback will comply with the requirements of 18.88.070. 27) That the setbacks on lot 14 shall be revised so that the front yard is opposite of the back yard in accordance with 18.08.430 in the Final Plan application. The rear yard for lot 14 shall be located as shown adjacent to the east property line to mirror the yard pattern of the existing homes to the east. The rear yard of Lot 14 is adjacent to the rear yards of the neighboring properties. 28) That all new structures shall meet Solar Setback A in accordance with Chapter 18.70 of the Ashland Land Use Ordinance. Solar setback calculations shall be submitted with each building permit and include the required setback with the formula calculations and an elevation or cross- section clearly identifying the height of the solar producing point from natural grade. At application for building permit all submittals shall include solar setback calculations and formulas to set elevations in relationship to natural grades. 29) Individual lot coverage calculations including all impervious surfaces shall be submitted with the building permits. Impervious driveway and parking areas shall be counted as pervious surfaces for the purpose of lot coverage calculations. Each building permit shall include lot coverage calculations for the specific lot. All lots on this subdivision have a permitted lot coverage of 54 %, this is a tf..,~~~ of coverage due to the open space identified on the site which far exceeds,th~qrn~ement of the zone. I" , " . ,~ MAY 1 1 ~\:i 9 a,'" 1('/ :, i C0\~'"";,,, :! -". /~,Jr:'ef1t 30) That all homes shall qualify in the Ashland Earth Advantage program in accordance with 18.88.04.o.B.3.a. The applicant shall meet with the Ashland Conservation Division regarding eligible site activities prior to issuance of an excavation permit. The required Earth Advantage documentation shall be submitted with each building permit application. All homes shall be designed to meet the Ashland earth Advantage Standard or better. 31) That fencing shall not be installed around the perimeter of the preserved wetland in the western open space. There is no intention to fence the Western wetland open space. There may be neighbors bordering this feature that wish to fence their backyards, we have no jurisdiction over whether or not they fence the wetland on their side. 32) That if lot 18, the lot containing the existing residence and indoor pool (Helman Baths), is partitioned or divided in the future, the application shall be required to be processed as an amendment to the subdivision. In accordance with this subdivision approval, any new lots created from lot 18 shall be required to construct conservation housing to meet density bonus requirements in accordance with 18.88.040.B.3.a and shall participate in the homeowners' association. If lot 18 is ever considered for division in the future, the application will comply with an amendment to the current subdivision approval and will require conservation housing as a requirement of their application and build out. 33) The Property includes a wellhead and associated spring adjacent to Lots 13 and 14 on the outline plan, and serving the existing pool on Lot 18. In connection with final plan approval, the wellhead and land immediately surrounding it shall be dedicated as common area for the benefit of the subdivision's homeowners' association. The well head feeding the pool on lot 18 and the associated property around it have been dedicated as common open space for the greater subdivision. The area has been landscaped to include a water feature that highlights the well head over flow and allows residents to sit and appreciate the nature of water in their environment. Prior to final plan approval, the Applicant shall submit a form of conservation easement or deed restriction for review and approval of the Ashland Legal and Planning Departments designed to protect, in perpetuity, the wellhead as an existing and the associated spring as a natural feature of the property. The beneficiary of the conservation easement or deed restriction shall be the subdivision's homeowners' association, which shall be entitled to enforce its terms. The terms shall include provisions allowing the homeowners' association to enhance the well in the future, subject to compliance with all laws then in effect. The terms shall also prevent the homeowners' association or any future owner from capping, degrading or destroying the wellhead. Applicant may record an irrevocable license and concurrent easement for the benefit of Lot 18, for the purpose of allowing the owner of Lot 18 and her successors in interest to continue receiving water flow from the well in an amount roughly consistent with the current amount of water used RE.....r71\ !~serve the existing pool on Lot 18. Under the terms of the irrevocable license, easement, and v..... I " conservation easement or deed restriction, the homeowners' association will be permitted to make all lawful use of the well located in the common area for the benefit of the subdivision's Mld 1 1 !e~idents, provided such use does not unreasonably interfere with the concurrent right of Lot 18 eee' ,,' '.i; .<-;.Jment 10 1/ to continue to receive water from the well in an amount similar to the amount currently utilized to serve the existing pool located on Lot 18. In connection with final plan approval, the applicant shall design and install a water feature in the common area where the wellhead is located, to be served by water from the well, for the benefit of the members of the subdivision's homeowners' association. That an instrument such as a maintenance agreement shall be included with the easement or deed restriction which would address responsibility of maintenance of the wellhead. That if Lot 18 is partitioned or divided in the future, the first right of access to use the spring shall be offered to the homeowners' association. As regards the water feature, applicant shall construct a water feature that (1) highlights and presents the geothermal water as a daylighted part of the open space, (not inside a building), (2) honors the historical character of the geothermal springs area, and (3) directs the feature's geothermal water into the west side geothermal wetland. This condition, agreed to by the applicant, is subject to State of Oregon wetland permitting as regards numbered item (3). The above described legal document has been submitted as part of this application by Chris Hearn Attorney with Davis, Gilstrap, Hearn, SaladotT and Smith PC. 34) That the Final Plan application include a determination of whether a permit is needed from the Oregon Water Resources Department (OWRD) to use the spring accessed by the wellhead which feeds the pool on Lot 18. If a permit is required, evidence of permit approval and issuance shall be submitted to the Planning Division prior to recording some form of conservation easement or deed restriction for the spring and wellhead, and prior to signature of the final survey plat. The Oregon Department of Water Resources considers the use of well water to fill a pool exempt from the requirement of a water right. The ordinance describing this and a detailed memo regarding this issue are included in this application. 35) The applicant shall submit a revised site plan which clearly delineates and shows the significant existing and natural features including but not limited to the wellhead and associated spring and tree no. 13, in open space areas to be dedicated to the homeowners association. The project survey has been included with this application and emphasizes the location of all the significant existing and natural features identified for the site. 36) Applicant shall execute a document as consistent with ALVO 18.68.150 agreeing to participate in their fair share costs associated with a future Local Improvement District for improvements to Laurel Street and to not remonstrate against such District. Nothing in this condition is intended to prohibit an owner/developer, their successors or assigns from exercising their rights to freedom of speech and expression by orally objecting or participating in the LID hearing or to take advantage of any protection afforded any party by City ordinances and resolutions. The applicant has already agreed to the above condition, improvement along Randy Street to Laurel are included in this application, the applicant has also agreed to sign in favor of an LID. , ~', .~,' "r~ (. i ( ", 37) Applicant shall mitigate traffic impact of this 18 lot subdivision consistent with a constitutionally required individualized determination of the impact of this development in relation to any RECEIVl!muested off-site improvements, in accordance with Ashland City Code, as may be in place at the time of application for final plan approval. Applicant has indicated acceptance of any requirement fairly imposed [related] to the development of street improvements. MAY 11m applicant has already agreed to this condition. " ~- c: :... .::: ..' ,,~ Cor'icr.UL;.:' U;}"d:opment II 9~;J. RECE1VE.D MAY 1 1 2007 PREVIOUS SUBMITTAL ,.~. " : "... r ,',.' .....~ cO'..-:"; '"^" "" L Ii: "J,Oprnent PROJECT DESCRIPTION - OUTLINE PLAN: This proposal is for a residential subdivision that includes 17 new single family building lots, 2 large open space areas that incorporate the properties wetlands and existing large trees, and the remainder lot which contains the current structures on the property. The property contains two existing buildings and their associated out buildings, the two main buildings are an indoor swimming pool and a house. The project is accessed by a new public street that aligns with the existing Draeger Street, and an alley that allows rear access for 10 of the lots, this alley also acts as a separation for proper solar relationships between these lots. The intention of this project is to develop energy efficient cottage style homes. The large open space areas dominate the site, and provide large natural settings for both the residence of this development and the neighbors. There are two pedestrian connections through the site that allow for complete linear access to the wetland and the Large treed Open Space. The preservation of these large natural areas makes the performance standards option of development the ideal choice so that we can transfer some of the lost lot opportunity from these open area into the development. The preservation of the wetland and the maintenance of the Tree area park will be written in to the Covenants of this project, a home owners association will be formed to manage the maintenance of these two areas. We will be implementing standard conservation housing methodology within this development, and we will employ a portion (3 % ) of the density transfer allowed under this provision. This project will be privately financed and built by Sage Development LLC. The current owners of the property are Sylvia Chambers sand Aili Eggert (deceased). The development schedule of this project will follow the approval of the final plan within one year. 18.20 R-1 Single-Family Residential District 18.20.020 Permitted Uses The following uses and their accessory uses are permitted outright: A. Single family dwelling, utilizing at least two of the following design features to provide visual relief along the front of the residence: This is an application for outline plan; the proposed houses will meet the design standards for the zone through the use of various design elements that define single family, residential, detached dwelling units. 18.20.030 Conditional uses This proposal is exclusively for single family homes. There are pre-existing non-conforming buildings on this property; they lie within the boundaries of the remainder lot. 18.20.040 General regulations A. Minimum lot area: Minimum lot areas and dimensions are altered when projects are applied for under the performance standard option. Where possible, especially around the perimeter properties on the site, the standards f1 "" 12 J " . have been met to better wed the new development into the existing pattern of lots and homes. The standard yard requirements of the zone are met, front yards have 15 foot setbacks, side yards have 6 foot setbacks, garages have 20' setbacks, and all back yards have a minimum 10' setback to the first floor and 20' to the second. B. Minimum lot width: Minimum lot widths are met throughout the project. C. Lot Depth: All lots shall have a minimum depth of eighty (80) feet, and a maximum depth of one hundred fifty (150) feet unless lot configuration prevents further development of the back of the lot. Maximum lot depth requirements shall not apply to lots created by a minor land partition. No lot shall have a width greater than its depth, and no lot shall exceed one hundred fifty (150) feet in width. (Ord. 2052, 1979; Ord. 2425 S3, 1988) There is one lot in this proposal that has a greater width than depth, as with other requirements in the R- 1, once a project falls under the performance standards option, these requirements may be altered to allow for development where challenging lot relationship are created by pre-existing circumstances, in this case the road, wetland and pre-existing uses have greatly restricted our opportunities to create a standard ratio lot. D. Standard Yard Requirements: The standard yard requirements of the zone are still being met, front yards have 15 foot setbacks, side yards have 6 foot setbacks, garages have 20' setbacks, and all back yards have a minimum 10' setback to the first floor and 20' to the second. E. Maximum Building Height: No structure shall be over thirty-five (35) feet or two and one-half (2 1/2) stories in height, whichever is less. Structures within the Historic District shall not exceed a height of 30 feet. The proposed buildings shall not exceed the height and floor limitations associated with the R-I-5 zone. The proposed project is not within an historic district. F. Maximum Coverage: Maximum lot coverage shall be fifty (50%) percent in an R-1-5 District, forty- five (45%) percent in an R-1-7.5 District, and forty (40%) percent in an R-1-10 District. As a performance standard application, there is some transference of lot coverage from individual lots to larger community open spaces. In the most restricted lots on the site, the average lot coverage identified by the established building envelope and the driveway is 54 %. This variation from the zones 50 % maximum is balanced by the projects extensive dedicated open space (480 % of that which is required). (See performance standards option findings) G. Maximum Permitted Floor Area for dwellings within the Historic District. Not applicable. H. New single family structures and additions to existing single family structures within the Historic District.... R::CEIVED Not applicable. 'v~ i\\ _'J 13 '; 'f c.'c,." .' ,y';. '/",.w:':ent 18.88 Performance Standards Options 18.88.010 Purpose and Intent The purpose and intent of this Chapter is to allow an option for more flexible design than is permissible under the conventional zoning codes. The design should stress energy efficiency, architectural creativity and innovation, use the natural features of the landscape to their greatest advantage, provide a quality of life equal to or greater than that provided in developments built under the standard zoning codes, be aesthetically pleasing, provide for more efficient land use, and reduce the impact of development on the natural environment and neighborhood. (Ord. 2228, 1982; Ord. 2276 82, 1983; Ord. 2356, 1985) This project is applying under the performance standards option to allow for greater site development efficiency, while protecting the major natural features of the site; the large stand of trees at the Northeast corner and the large spring fed wetland area on the eastern boundary of the site. There are also three smaller wetlands in the site and a hot well. The large wetland and the large tree area are proposed for preservation as part of the project, there will be some portion of the large wetland that will be filled and mitigated for as part of this project. The hot well and one of the smaller wetlands are within the remainder lot and will be preserved as part of that property. One small wetland (446 square feet) is being proposed for complete filling and mitigation, the other small wetland crosses the boundary between the parent site and the project proposal, we are proposing that the portion of the wetland that fall within the project proposal be filled and mitigated. The water source for this small wetland is on the remained property and will therefore remain intact. The hot well has been used to fill the existing swimming pool there is an opportunity to use the hot well to provide alternative radiant heating to as many of the homes as possible. The project homes will meet or exceed the State and city Earth Advantage program. In this way this project is directly in line with the goals of the Performance Standards Option which specifies development with greater site sensitivity and greater energy efficiency integration. 18.88.030 Procedure for Approval A. Outline Plan: 1. Application for subdivision approval under this Chapter shall be accompanied by a proposed Outline Plan. For developments of less than 10 lots, the Outline Plan may be filed concurrently with the final Plan, as that term is defined in 18.88.030 8.4. For developments of 10 lots or more prior Outline Plan approval is mandatory. (Ord. 2630 86, 1991) This proposal is for a 17 lot subdivision with two open space lots and the remainder lot, this is a total of 20 lots. This is an application for outline plan only. 2. A Type II procedure, as defined in this Ordinance, shall be used for the approval of the outline plan. 3. Contents. The contents for an outline plan shall be as follows: a. A topographic map showing contour intervals of five (5) feet. R-r-r"\ ''-D . '--. ".; ,j.... ii-.......I',_I ..... Sheet SV-l ofthe plan set is a topographic map with 1 foot contour intervals. lJ, I 1 /;,'\> 14 i/..:" . , t ..' Co,'::::.. Ir' .: C, ,)<~c>pi'(\ent Rf="", -Cr..:IVJ':D ~~ .-'to-. .. "'- i,'rll ,".' ~'i ~. . . ..",.., ': CO":"',, "I ;,J :"~i'/Opment b. The proposed land uses and approximate locations of the existing buildings to be retained, the proposed structures on the site, the proposed and existing property lines and easements on the site, and existing buildings, structures, and trees greater than six (6) inches in diameter measured at breast height on the properties adjacent to the site, and all buildings within one hundred sixty (160) feet of the site boundaries. Sheet S-1 of the plan set shows the locations of the existing building on the site that are to remain; they are contained within the area identified as the remainder lot (the buildings are also identified on Sheet SV-1, the topographic survey). Sheet S-1 identifies all the trees on the site larger than 6", these trees are also shown on Sheet T -1 which is a tree inventory for the site. All buildings adjacent to the site are shown on Sheet SV-1. c. The locations of all proposed thoroughfares, walkways, and parking facilities. Sheet S-1 identifies a new public street that is an extension of Draeger Street from the South to the North. The proposed project creates a through street from Otis Street to Randy Street. This project proposes a public alley that allows for rear vehicle access to 10 lots; all other lots are accessed off the existing street or the new street extension. There are sidewalks proposed throughout the site. See Sheet P-1 for the on street parking layout of the project, there are conservatively 63 on street parking places, excluding street frontage that lies within Phase II. All lots have at least one on street parking place, and all lots will have a two car garage. d. Public uses, including schools, parks, playgrounds, open spaces and trails. The proposed project contains two large open spaces; one at the North West side of the lot contains a large existing wetland with a pedestrian pathway running along its edge from Randy to Otis Streets. At the North East corner of the property there are a large grouping of existing mature trees, this area has been designated as public open space. e. Public or private utilities Existing and proposed utilities are identified on Sheet C-1 of the plan set. f. General areas of cuts and fill. This is a predominantly flat site; we will be working with the natural grades to help preserve the wetland and the existing trees on the site. g. The location of natural features such as rock outcroppings, marshes, wooded areas, and isolated preservable trees. The existing wetland on the North West side of the site and the large grouping of trees in the North East corner are shown on all plans submitted. These elements are also being proposed for protection within the plan. 15 9~ RECEIVED ~, h. The location and direction of all watercourses and areas subject to flooding. (':- ..... ~ ...~J~.,..~ "." CO!':,!!y,;), Af C'~\i(;:opment There are no water courses on the site that are subject to flooding. There are a few irrigation ditches on the site that have been identified on the Survey Sheet SV-1. As part of the proposal these ditches would be decommissioned and re-contoured. i. On lots which are to contain detached single-family dwellings, building envelopes shall be included on the outline plan which show the area and maximum height of improvements, including solar access and view protection where required. The plan S-1 includes building envelopes and solar set back requirements, all buildings will be under the maximum height of the zone which is 35 feet. j. Elevation of typical proposed structures. The elevation should be to scale and should include the approximate dimensions of the proposed structures and all attached exterior hardware for heating and cooling. Elevations of example structures are included with this application. k. A written statement which will contain an explanation of: A project description is included in the beginning of this document, as well as elaborated throughout this document. i. The character of the proposed development and the manner in which it has been designed to take advantage of the Performance Standards Concept. This proposal is for a 17 lot detached single family residential subdivision with an additional three lots; two for open space and one that is a remainder lot with existing uses preserved. The project proposes the performance standard option because of the large amount of land being designated as protected for the existing wetlands and the area of mature trees to be preserved. The proposed homes will be in keeping with the surrounding neighborhood; ultimately the goal is to enhance the surrounding neighborhoods by crating connectivity and by making the wetland an amenity with public access. The wetland area will be enlarged as part of a mitigation proposal, and enhanced with vegetation. The proposed streets are tree lined. ii. The proposed manner of financing. This project will be developed with private financing. iii. The present ownership of all the land included within the development. The present owner of the property is Sylvia Chambers. Currently Jackson County shows a second owner as Aili Eggert though Ms. Eggert is deceased. Sage Development has a purchase agreement and is in escrow to purchase the parcel excluding the remainder lot. 16 91 REC"-" fED .-t::.i ,;, . ij, '. y' L~, '\", C'. . '....4 ..... ..! COl,'"""...;;;, U'''\',l!Upment iv. The method proposed to maintain common open areas, buildings and private thoroughfares. A homeowners association will be employed and the method of maintenance for the public areas will be defined in the CCR's. The wetland will require a state approved monitoring and maintenance plan that will be in place a minimum of 3 years, this plan will lay out the future maintenance requirements of the wetland, and includes as a part of the CCR's and shall be the responsibility of the home owners association. v. The proposed time schedule of the development. The schedule for this project is dependant on planning approvals with the City of Ashland and wetland delineation approval by the Oregon Division of State Lands. Final plan will be developed immediately after outline plan is approved. The wetland delineation has been submitted to the Oregon Division of State Lands, upon approval of the delineation, the "Joint fill and Removal" permit application will be submitted. Part of the final plan process will be presentation of the approval for the mitigation of the wetland by the Division of State Lands and the Army Corps of Engineers (the Joint Fill and Removal Permit). It is anticipated that this approval will take 6 to 12 months from the date of this Outline plan submittal; applicant will begin as soon as these approvals are secured. vi. The findings of the applicant showing that the development meets the criteria set forth in this Ordinance and the Ashland Comprehensive Plan. This set of findings describes how this project complies with the City of Ashland development ordinance and therefore that it complies with the comprehensive plan. 4. The Planning Commission shall approve the outline plan when it finds the following criteria have been met: a. That the development meets all applicable ordinance requirements of the City of Ashland. This project meets all applicable ordinance requirements of the City of Ashland as described in these findings. Specifically: b. That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. The Preliminary utility plan provided by Thornton engineering demonstrates that key City facilities area available and adjacent to the site. this development is an island of open land within an already developed residential neighborhood, all sewer and other utility requirements are easily accessible and adjacent to this property. The site is surrounded on two sides by existing paved roadways; the project incorporates an additional road bisecting the site which completes the existing grid of the area. A transportation 17 9~ analysis has been submitted with this application for more detailed information on the adequacy of the existing and proposed transportation c. That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. The site contains a large existing wetland, three smaller wetlands, a warm well, and a large stand of mature trees. Excluding some necessary wetland modifications the existing natural features have been set aside as non-developable areas or are outside of the project development proposal. Two large associated areas have been identified as the subdivision common open space. d. That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. There is no adjacent land that has not already been developed, the project is surrounded on all four sides by subdivisions that are over 20 years old. e. That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. This proposed development will require a homeowners association to maintain the open space areas as well as the pedestrian way in perpetuity. Prior to build out and ultimate sale of the properties, the responsibility for maintenance will fall to the project owner and developer. The wetland area, as part of the enhancement proposal, requires a maintenance plan with regular reporting of the wetland health to the State of Oregon and the Army corps of Engineers. All of the proposed open space is included in the development plan for this prject f. That the proposed density meets the base and bonus density standards established under this Chapter. The base density and bonus density are below in section 18.88.040 A -1 and B. g. The development complies with the Street Standards. (Ord 2836, S2 1999) This development as proposed complies with the street standards except where the sidewalk standard is altered to save existing mature trees and preserve wetland area. At these locations the sidewalk moves to a behind the curb location. Please see section 18.88.050 F. of these findings for further information on this issue. B. Final Plan. This application is for Outline Plan only. Final plan will be under a separate submittal REC::IVED 18 9'1 ~~'! : 1 1 , , '.) c,~"..., '.,;;-i"ient 18.88.040 Performance Standards for Residential Developments A. Base Densities. 1. The density of the development shall not exceed the density established by this Section. The density shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. Fractional portions of the final answer, after bonus point calculations, shall not apply towards the total density. Base density for this zoning district is R-I-5 = 4.50 dulacre. The Allowable Base Density for the entire existing property at 4.34 acres is 19.53 dwelling units. Once the remainder parent lot is removed from the project, the property at 3.67 acres has an allowable base density of 16.5 units. 2. All developments with a base density of 10 units or greater shall be required to provide a minimum of 5% of the total lot area in Open Space that is not subject to bonus point calculations. Bonus shall be awarded only to that Open Space area in excess of the 5% required for developments of 10 units or greater. Open Space shall be optional for all developments of less than 10 units. 5 % of the total lot area is 9,460; our proposed open space for the project, excluding streets, sidewalks and park rows is 45,790 square feet, 480% of the required open space area. B. Bonus Point Calculations. Proposed Proiect with Remainder Lot Removed = 3.67 Acres (160.196 SQuare feet) Zoning R-I-5 Allowable density outright 4.5 units per acre 3.67 x 4.5 = 16.5 units 16.5 units is our base density Conservation Housing - add 15% = 2.47 units our new base density is 18.97 7 % open space required for project over ten units Additional open space allows for 1 % increase in density per 1 % additional open space. While we are 380% over on our open space requirement, we area not using the open space as part of our density bonus calculations because we have met our needs for 0.5 additional density using the conservation housing option. Weare asking for a density bonus of 3 %, we do not feel that the allowable 15 % would create a livable project. This application is for 17 units. RcC~.':~\JE:D 19 I ~t1 C.(!: .: t.... L";'~-', ..'l.:)~:lent 1. The permitted base density shall be increased by the percentage gained through bonus points. In no case shall the density exceed that allowed under the Comprehensive Plan. This proposal complies with the comprehensive plan. 2. The maximum bonus permitted shall be 60%. (Ord. 2669, 1992) We area applying for a 3 % density increase. 3. The following bonuses shall be awarded: a. Conservation Housing - all home or residential units on the site meet the energy usage, water usage, and air quality requirements adopted in the Guidelines referred to in 18.88.090--maximum 15% bonus. We are applying for the conservation housing bonus which allows up to 15% density increase, we are only asking for a 3% density increase. b. Provision of common open space. Though we exceed the required dedicated open space by 380 %, we are not using this as part of our application because we already meet the density we require using the Conservation Housing opportunity. c. Provision of major recreational facilities. Weare not including a major recreational facility component within our application for density bonus. d. Affordable Housing Weare not including the affordable housing component as part of our application for a density bonus. 18.88.050 Street Standards All development under this Chapter shall conform to the Street Standards as defined in 18.88.020.K. The following standards regulate the development of streets and are in addition to the standards contained in the Street Standards Handbook. A. Private Drive. A private drive is a road in private ownership, not dedicated to the public, which serves three or less units. No curbs or sidewalks are required for a private drive. On-street parking is prohibited on private drives. The private drive standard is as follows: 3 Units15 feet with 20 feet dedicated width 2 Units15 feet with 20 feet dedicated width 1 Unit12 feet with 15 feet dedicated width Lots 13 and 14 are on one private drive. Access to the fist house has a dedicated driveway width of 20 feet; the paved width of the drive shall be 15 feet. Once past the first dwelling, the dedicated drive is 15 feet with 12 feet of paving as per ordinance. RECEJi/ED 20 I () I \., ' . , , ...' i....~~_----"'--_-~--r- -y B. Dedicated Public Streets Required. All roads which serve four units or greater, and which are in an R-1, RR and WR zone, must be dedicated to the public and shall be developed to the Street Standards of this section. This proposal includes a new dedicated public street and a dedicated public alley. The dedicated street is 25 feet wide curb to curb with parking on one sides, the alley is 16 feet wide and paved. C. Dead End. No dead end road shall exceed 500 feet in length, not including the turnaround. Dead end roads must terminate in an improved turnaround as defined in the Performance Standards guidelines adopted pursuant to Section 18.88.090. There are no dead ends proposed as part of this application. D. Obstructed Streets. Creating an obstructed street is prohibited. There are no obstructed streets within this project application. E. Street Grade. Street grades measured at the street centerline for dedicated streets and flag drives shall be as follows: Street grade requirements have been met, see C-l preliminary grading and utility plan. F. Exception to Street Standards. An exception to the Street Standards is not subject to the Variance requirements of section 18.100 and may be granted with respect to the Street Standards in 18.88.050 if all of the following circumstances are found to exist: There are a total of six mature trees on the site that require deviation from the normal sidewalk parkrow relationship to allow for the future health of the tree while maintaining pedestrian access through out the site. These trees are old time residence of the neighborhood and should be protected to help maintain the current character. Where the existing wetlands are adjacent to existing streets, and where the existing wetland abuts our proposed right of way, we are requesting that the sidewalk be placed at back of curb to help preserve as much of the wetland area in its natural state as possible. A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. The existing trees fall in the path of the standard sidewalk alignment. The streets where these tree conflicts exist are existing streets, so the street could not be relocated to help bring the alignment into current street standards. These trees are being suggested for protection in compliance with the current City of Ashland Tree Ordinance 18.61.00. The existing wetlands abut Randy Street along the northern edge of the property. The applicant is happy to install sidewalks along this existing street right of way and requests that the street standard for a 7 foot parkrow be relaxed along these wetland areas. The applicant is also requesting that the new street, where it abuts the large wetland area be allowed to deviate in the same manner, to minimize the need for further wetland disturbance. It should be noted that the street placement responds to street alignment ordinance, and is not self inflicted as an issue. The new street must be in alignment with existing streets (as it is with Drager) or at least 150 feet away from other existing intersections (as with our proposed relationship to Willow Street). HECLl'JED \1:," '1 21 / 0 ~ >, .'. f ..'_.:: l.. ; ~l':l,<.::;pment C<j'~'", . B. The variance will result in equal or superior transportation facilities and connectivity; Approval of this exception will allow for continued pedestrian access throughout the site while providing tree and wetland conservation and protection. It will provide for equal transportation facilities and connectivity. C. The variance is the minimum necessary to alleviate the difficulty; and The proposed deviation from the desired sidewalk alignment is the minimum necessary to get around the trees and the wetland areas, the sidewalk returns to the standard alignment as quickly as possible. D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Options Chapter. (Ord 2836, Amended, 02/02/1999) 18.88.060 Parking Standards Parking standards shall be as follows: A. Off-Street Parking. Off-street parking shall be as provided in Chapter 18.92 of the Ashland Land Use Ordinance. Each homesite will include a two car garage. All lots excluding lots 13 and 14 have at least a 50 foot street frontage, lot 14 (flag lot) will have a third on site parking space as designated on the Site Plan. All of the smaller lots have rear loaded garages so there are no curb cuts in the street to interfere with parking. There is at least one on street parking place per lot. There are 17 lots proposed and a conservative count shows at minimum 63 on street parking places. B. On-Street Parking Required. At least one on-street parking space per unit shall be provided in addition to the off-street parking requirements for all developments in an R-1 zone, and all developments in R-2 and R-3 zones that create or improve public streets. On-street parking spaces shall be immediately adjacent to the public right-of-way on publicly or association-owned land and be directly accessible from public right-of-way streets. On-street parking spaces shall be located within 200 feet of the dwelling which it is intended to serve. (Ord. 2484 S5, 1988) Each homesite will include a two car garage. All lots excluding lots 15 and 16 have at least a 50 foot street frontage. All pf the smaller lots have rear loaded garages so there are no curb cuts in the street to interfere with parking. There is at least one on street parking place per lot. There are 22 lots proposed (18 in phase 1 and 4 in phase 2), and a conservative count shows at minimum 63 parking places. C. On-Street Parking Standards. On-street public parking may be provided by either the minimum criteria established in the Performance Standards guidelines under Section 18.88.090 or parallel to curb side. Curb side stalls shall be eight feet in width and 24 feet in length and shall not be permitted in front of driveways or fire hydrants. RECEIVED All on street parking are parallel. "I \;1 " 22 I 03 (:cc" ':,i, ,:,"'.', ,..~,Cipment R'7("r~I\'--'D ~.... ,../ "'_ ~ t:: l' " \-I.'i. 18.88.070 Setbacks " . . ...' ~ ~ Cn",",:",. .' :'-"')\.,()pment A. Front yard setbacks shall follow the requirements of the underlying district. Front Yard setbacks within this submittal are 15' for the front of the home and 20' for garages. B. Setbacks along the perimeter of the development shall have the same setbacks as required in the parent zone. The setbacks throughout the project are as typical and required R-I-5 zoning. C. Maximum heights shall be the same as required in the parent zone. The maximum height of the homes shall be as required in R-I-5 (35') D. One-half of the building height at the wall closest to the adjacent building shall be required as the minimum width between buildings. Our maximum average roof height for a two story home would be 24', we have included 6' setback on all side yards. Therefore all buildings are a minimum of 12' apart or half the average height. E. Solar Access Setback. Solar access shall be provided as required in Section 18.68. We have provided setbacks where appropriate that limit the roof height to 14 feet at twenty feet from the property line. This assures compliance with the solar standard A for all lots. F. Any single-family structure not shown on the plan must meet the setback requirements established in the building envelope on the outline plan. All single family structure building envelopes, and existing structures, are on the plan 18.88.080 P-Overlay Zone A. The purpose of the P-overlay zone is to distinguish between those areas which have been largely developed under the subdivision code, and those areas which, due to the undeveloped nature of the property, topography, vegetation, or natural hazards, are more suitable for development under Performance Standards. This project is within the P-Overlay zone because of the wetland that takes up a large portion of the property. B. All developments, other than partitionings, which involve the division of land, or development of individual living units, in the P-overlay areas, shall be processed under this Chapter of the Land Use Ordinance. The minimum number of dwelling units for a Performance Standards Subdivision shall be three. 23 I 0 Lf This project is proposing 17 lot subdivisions with a remainder lot and two open space lots. 18.88.100 Applicability of Other Sections of the land Use Development Ordinance This proposal meets all of the land use code sections, lots size, width and depth relationships are altered when a project is applied for under the Performance Standards Option. All setback requirements have been met for the zone without modification. 18.70 Solar Access 18.70.030 lot Classifications This lot has a South to North slope of 2% to 4%. We are using Formula 1 for our solar setback classification. We are applying solar standard A to all lots within this proposal. See the Lot Classification Standards image at the bottom of the page The setbacks identified on our Site plan show affecting lots to have a 20 foot setback for a height of 14 feet. This brings those lots into compliance of standard A. The other lots in the subdivision will have no problem meeting the solar setback requirements, as most lots shadow the street on their north property line. 18:61 Tree Ordinance 18.61.050 Plans Required This application includes a sheet T -1 that identifies all the trees on the site and the trees within 15 feet on neighboring properties. It includes all information on tree health, size etc. This tree information is also included in narrative form at the end of this section A. An application for all Tree Removal and Tree Topping Permits shall be made upon forms prescribed by the City. The application for a Tree Removal Permits shall contain: a. The number, size, species and location of the trees proposed to be removed or topped on a site plan of the property. There are 4 trees proposed for removal within this project. On of the trees proposed for removal is a street tree and a tree removal permit is submitted with this application to request this tree be removed. The other three trees requested for removal are either within the proposed roadway or within a proposed building envelope on the site. Specifically: Tree # 3 is an existing street tree on Otis Street, and will fall within the new street alignment. Tree # 15 falls within the proposed road alignment, this alignment is made necessary in creating connectivity with existing streets adjacent to the project. Tree #11 and #12 are small Pears of questionable value and fall within a desired wetland mitigation envelope. REC[~\JED b. The anticipated date of removal or topping. Me' 24 10 5' Ce, \'::.. J' :' :':'J' ;;.Jp.nent The anticipated date of removal is premature; we will be able to identify the date of removal with final plan approval. c. A statement of the reason for removal or topping. Tree # 3 is an existing street tree on Otis Street, and will fall within the new street alignment. Tree # 15 falls within the proposed road alignment, this alignment is made necessary in creating connectivity with existing streets adjacent to the project. Tree #11 and #12 are small Pears of questionable value and fall within a desired wetland mitigation envelope. d. Information concerning proposed landscaping or planting of new trees to replace the trees to be removed, and The applicant is anticipating the planting of at least 72 street trees as part of this project, there will also be numerous trees planted as part of the proposed wetland mitigation and enhancement. We would be happy to provide three for one on site mitigation of the trees proposed for removal as part of the design of the two open space areas. e. Evidence that the trees proposed for removal or topped have been clearly identified on the property for visual inspection. The trees to be removed have been tagged by the arborist with their associated number. f. Any other information reasonably required by the City. B. The applicant shall have the burden of proving that the application complies with the criteria for approval of the applicable class of permit. If the application is for a Tree Removal-Staff Permit, the applicant shall submit specific written findings and evidence addressing the criteria in section 18.61.080 for issuance of a Tree Removal-Staff Permit. C. Misrepresentation of any fact necessary for the City's determination for granting a tree removal permit shall invalidate the permit. The City may at any time, including after a removal has occurred, independently verify facts related to a tree removal request and, if found to be false or misleading, may invalidate the permit and process the removal as a violation. Such misrepresentation may relate to matters including, without limitation, tree size, location, health or hazard condition, justification for issuance of permit, or owner's authorized signature. Specifications for Demolition and Site Clearing 1. The demolition contractor is required to meet with the consultant at the site prior to beginning work to review all work procedures, access and haul routes, and tree protection measures. 2. The limits of all tree protection zones shall be staked in the field. RECUVED /Vi ,\ v ,'Ll\ . 25 / 0 (., (':- , Cu,;, i;i ,,,, '"'; '~'" ,,,,.opment 3. Tree(s) to be removed that have branches extending into the canopy oftree(s) to remain must be removed by a qualified arborist and not by demolition or construction contractors. The qualified arborist shall remove the tree in a manner that causes no damage to the tree(s) and under story to remain. 4. Any brush clearing required within the tree protection zone shall be accomplished with hand-operated equipment. 5. Trees to be removed shall be felled so as to fall way from tree protection zones and to avoid pulling and breaking of roots of trees to remain. If roots are entwined, the consultant may require first severing the major woody root mass before extracting the trees. This may be accomplished by cutting through the roots by hand, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root-pruning equipment.] 6. Trees to be removed from within the tree protection zone shall be removed by a qualified arborist. The trees shall be cut near ground level and the stump ground out. 7. All downed brush and trees shall be removed from the tree protection zone either by hand or with equipment sitting outside the tree protection zone. Extraction shall occur by lifting the material out, not by skidding it across the ground. 8. Brush shall be chipped and placed in the tree protection zone to a depth of 6 inches 9. Structures and underground features to be removed within the tree protection zone shall use the smallest equipment possible and operate from outside the tree protection zone. The consultant shall be on site during all operations within the tree protection zone to monitor demolition activity. 10. All trees shall be pruned in accordance with the provided Pruning Specifications 11. A six-foot chain link fence with posts sunk into the ground shall be erected to enclose the tree protection zone 12. Any damage to trees due to demolition activities shall be reported to the consulting arborist within six hours so that remedial action can be taken. Timeliness is critical to tree health. 13. If temporary haul or access roads must pass over the root area of trees to be retained, a roadbed of 6 inches of mulch or gravel shall be created to protect the soil. The roadbed material shall be replenished as necessary to maintain a 6-inch depth. Specifications for Tree Preservation during Construction 1. Before beginning work, the contractor is required to meet with the consultant at the site to review all work procedures, access routes, storage areas, and tree protection measures. 2. Fences must be erected to protect trees to be preserved. Fences define a specific protection zone for each tree or group of trees. Fences are to remain until all site work has been completed. Fences may not be relocated or removed without the written permission of the consultant. 3. Construction trailers and traffic and storage areas must remain outside fenced areas at all times. 4. All underground utilities and drain or irrigation lines shall be routed outside the tree protection zone. If lines must traverse the protection area, they shall be tunneled or bored under the tree. 5. No materials, equipment, spoil, or waste or washout water may be deposited, stored, or parked within the tree protection zone (fenced area). 6. Additional tree pruning required for clearance during construction must be performed by a qualified arborist and not by construction personnel. 7. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. Any pesticides used on site must be tree-safe and not easily transported by water. 8. If injury should occur to any tree during construction, the tree consultant should evaluate it as soon as possible so that appropriate treatments can be applied. RECU\"ED 26 I ~ 7 \~' y , ' ., "\J ():(,,'''' --. ~----"-----~-'--- --- L- ," ,j spment 9. The consulting arborist must monitor any grading, construction, demolition, or other work that may encounter tree roots. 10. All trees shall be irrigated on a schedule to be determined by the consultant. Irrigation shall wet the soil within the tree protection zone to a depth of 30 inches. 11. Erosion control devices such as silt fencing, debris basins, and water diversion structures shall be installed to prevent siltation and/or erosion within the tree protection zone. 12. Before grading, pad preparation, or excavation for foundations, footings, walls, or trenching, any trees within the specific construction zone shall be root pruned 1 foot outside the tree protection zone by cutting all roots cleanly to a depth of 24 inches. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, vibrating knife. rock saw, narrow trencher with sharp blades, or other approved root-pruning equipment. 13. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. 14. If temporary haul or access roads must pass over the root area of trees to be retained, a road bed of 6 inches of mulch or gravel shall be created to protect the soil. The road bed material shall be replenished as necessary to maintain a 6-inch depth. 15. Spoil from trenches, basements, or other excavations shall not be placed within the tree protection zone, for any reason or duration. 16. No bum piles or debris pits shall be placed within the tree protection zone. No ashes, debris, or garbage may be dumped or buried within the tree protection zone. 17. Maintain fire-safe areas around fenced areas. Also, no heat sources, flames, ignition sources, or smoking is allowed near mulch or trees. Specifications for Tree Pruning 1. All trees within the project area shall be pruned to: a) Clear the crown of diseased, crossing, weak, and dead wood to a minimum size of 11/2 inches diameter. b) Provide 14 feet of vertical clearance over streets and 8 feet over sidewalks. c) Remove stubs, cutting outside the woundwood tissue that has formed around the branch. d) Reduce end weight on heavy, horizontal branches by selectively removing small diameter branches, no greater than 2 to 3 inches near the ends of the scaffolds. e) Remove any mistletoe. 2. Where temporary clearance is needed for access, branches shall be tied back to hold them out of the clearance zone. 3. Pruning shall not be performed during periods of flight of adult boring insects because fresh wounds attract pests. Pruning shall be performed only when the danger of infestation is past. 4. All pruning shall be performed by a qualified arborist. 5. All pruning shall be in accordance with the Tree-Pruning Guidelines (International Society of Arboriculture) and/or the ANSI A300 Pruning Standard (American National Standard for Tree Care Operations) and adhere to the most recent edition of ANSI ZI33.1. 6. Interior branches shall not be stripped out. 7. Pruning cuts larger than 4 inches in diameter, except for dead wood, shall be avoided. 8. Pruning cuts that expose heartwood shall be avoided whenever possible. 9. No more than 20 percent of live foliage shall be removed within the trees. R:::C~U\lED \. ,'1 , I' ". 27 I 0 ?:? ~ . r, ~'" ~ C,,,,";.,,,,; -' [y;\.,,,jprnent 10. While in the tree, the arborist shall perform an aerial inspection to identify defects that require treatment. Any additional work needed shall be reported to the consultant. 11. Brush shall be chipped and chips shall be spread underneath trees within the tree protection zone to a maximum depth of six inches leaving the trunk clear of mulch. # Species DBH Height Crown Protection Construction Condition Action Radius Zone Tolerance 1. Acer saccharinum 61" 58' 30' 40' moderate good Preserve 2. Catalpa speciosa 9" 22' 6' 7' moderate fair preserve 3. Juglans hindsii 17" 45' 21' 17' poor fair REMOVE 4. Cupressus macrocarpa 43" 52' 30' 40' poor good Preserve 5. Salix babylonica 47" 48' 22' 30' moderate poor Preserve 6. Morus alba 38" 48' 22' 30' moderate fair Preserve 7. Juglans hindsii 25" 45' 25' 25' poor fair Preserve 8. Juglans hindsii 29" 55' 19' 29' poor fair Preserve 9. Juglans hindsii 21" 40' 15' 21' poor fair Preserve 10. Juglans hindsii 29" 45' 15' 29' poor fair Preserve 11. Pyrus communis 13" 15' 9' 10' moderate fair REMOVE 12. Pyrus communis 6" 15' 7' 5' moderate poor REMOVE 13. Acer saccharinum 36" 47' 30' 36' moderate good Preserve 14. Cupressus arizonica 20" 41' 12' 15' poor good Preserve 15. Salix babylonica 22" 30' 24' 22' moderate good REMOVE 16. Catalpa speciosa 8" 23' 9' 8' moderate good Preserve 17. Catalpa speciosa 6" 23' 7' 6' moderate good Preserve 18. Catalpa speciosa 9" 25' 9' 9' moderate good Preserve 19. Juglans hindsii 10" 25' 7' 10' poor good Preserve 20. Acer saccharinum 30" 47' 20' 30' moderate good Preserve 21. Fraxinus latifolia 11" 28' 12' 11' moderate good Preserve 22. Acer saccharinum 38" 47' 30' 38' moderate good Preserve 23. Acer saccharinum 31" 47' 18' 31' ~oaiGEIVEQood Preserve . , ; ! MAY 1 1 2007 28 /0*1 1 C.....:..; .' ..,; .'.--1 Corr-iii.unii:y Dali;::;opmenl - -_..._.~-~----- 24. Acer saccharinum 30" 42' 15' 30' moderate 29 / I 0 good Preserve RECEIVED ; ! MAY 1 1 2007 (~~.'t~ 0'f /;.,,::-;,:~~~~ i Comrr.uni:y De....iJlopmerl KenCairn Sager Landscape Architects, Inc. 545 A Street, Suite 3 Ashland, OR 97520 tt 541/488-3194 Fax: 552-9512 ~,y len' EXECUTIVE SUMMARY WETLAND DELINEATION AND MITIGATION PLAN HELMAN SPRINGS SUB-DIVISION Developed by Northwest Biological consulting and KenCairn Sager Landscape Architects Wetland Delineation and Survey: The property was surveyed at three different dates to refine the edge of the actual wetland. The three survey dates were October 2005, April 6 2006, and April 25 2006. The final delineation submitted to the Oregon Division of State Lands was the survey of April 25 2006. the wetland typology has been determined to be Palustrine Emergent Seasonally Flooded (Cowardin Class PEMC) The final Preliminary delineation proposed that there are 4 wetlands on the site, and a fifth offsite wetland that lies within the City of Ashland Right of Way on Randy Street. The Preliminary Wetland Delineation was submitted to DSL in July of 2006, we have yet to receive comment on this submittal. The Compensatory Wetland Mitigation Plan (CWM) was submitted to the Department of State Lands and the Us Army Corps of Engineers on October 9, 2006. In consort with the CWM, a joint fill and removal permit was submitted to The US Army Corps of Engineers. Specific highlights of these two documents are combined below. The Compensatory Wetland Mitigation Plan 1. All mitigation for filled wetland will be done as an expansion of Wetland 1. 2. Dominant Emergent Wetland Species in all wetlands: Hardstem and Three Square Bulrush, Cattails, Soft Rush, and Spike Rush. Meadow Foxtail, an introduced species compromises over 50% of the plant abundance. 3. Wetland fill proposals are to facilitate the creation of a vehicular road and 1 building lot. 4. Existing Wetlands (EW) EW 1 - existing 26,130 square feet - 4,211 sJ. proposed for filling and affected buffer zone of 2,893 sJ. Proposed adjacent mitigation 150% x 7,104 = 10,656 sJ. Water Source includes seeps and developed spring box, agricultural return flow frolT! TID. EW 2 - existing 446 square feet - proposed for fill, 100% proposed mitigation 670 sJ. Water Source seasonal (November to May) seep. EW 3 - existing 736 square feet - 442 proposed for filling and affected buffer zone of 111 s.f. Proposed mitigation 150% x 563 = 830 sJ. Water Source seasonal (November to May) seep. EW 4 - existing 2,358 square feet - No Modification / I I 5. Water sources for the enlarged wetland will be the existing sources and flows from a new curtain drain along the southern boundary of the sub-division. Other wetlands will retain their currant water source and water regimes. 6. Summary of Anticipated Outcomes: . Increase in wildlife habitat by improving plant diversity and replacement of weedy invasive plants with natives. . Improvement of aquatic habitat and wetland diversity through the planting of natives and shade creation. . Increase in wildlife food production. . Increase in sediment trapping opportunities. . Development of Passive recreation and Education opportunities. HLet.!',., EO ....( i}f;Jenl lId.. Ma~ 10 2007 12:38PM Thornton Engineering Inc. 541-857-1947 p. 1 ~ THORNTON . ENGINEERING INC. REC;'::\fCD February 13, 2007 t:.~"" )prnfnt Devian Aguirre Sage Development LLC 570 Clover Lane Ashland, Oregon 97520 Cc: Kerry KenCairn Subject: Helman Springs Subdivision 39 IE 04BC, TL #400 Dear Devian: I am writing you concerning the potential impacts of the proposed wetland mitigation on properties adjacent to the subject project. It is my understanding that you need verification that the proposed wetland mitigation will not create a hazard to adjacent property oWners due to water runoff. Given the following analysis, I can conclude that the wetland will not impact adjacent property owners with runoff. The primary concerns appear to be surface runoff from the wetland area, including overflows from areas where there may be ponding. The single parameter that could cause these things to be a concern would be the manner in which the wetland area is graded. If the area is graded such that it generally directs surface runoff away from adjacent properties, then there should be no impact to those properties. Likewise, water that is allowed to pond within the wetland area should have no adverse impact on adjacent properties if the area is graded to allow excess water to overflow in such a manner that it is directed away from the properties. I have studied the proposed grading for the wetland mitigation area, as shown on plans provided to me by Kerry KenCairn on February 9. Based on these plans, it appears to me that the wetland will be graded in such a way that all surface runoff will be directed away from adjacent properties. All runoff will be directed to the north, toward Randy Street. This analysis assumes that the grading work will be executed in conformance with standard engineering practice or as recommended by the project geotechnical engineer. Furthermore, the utility plan that we are providing as part of your application for [mal plan approval shows the installation of an overflow drain at the lower end of the wetland. This drain would allow excess runoff from the site to drain to the public storm drain system in Randy Street. Office (541) 857-0864 Fax (541) 857-1947 1236 Disk Drive Ste. I, Medford, OR 97501 II~ Ma~ 10 2007 12:38PM Thornton Engineering Inc. 541-857-1947 p.2 Page 2 of2 Based on the above, it is safe to conclude that the current proposal would not cause surface runoff to impact adjacent properties. Sincerely, RE(~[:PjED Thomwn~~~ By: It,,~ ~ J. fP.E. Cc .. ',uC. .6 . . ,xnent llLi R~'-. .{'~ I l:\"',~. .... /LD WATER EASEMENT (":~;~ , ~._;";', ',ent Helman Springs, LLC, an Oregon Limited Liability Company, owner of that certain real property in Jackson County, Oregon described on Exhibit "A" attached, is in the course of developing a Planned Community on said real property. In creating said Planned Community, the undersigned will form a homeowner's association to be known as the Helman Springs Homeowner's Association; its intended function being the administration of the common property of the Planned Community and enhancing the quality of life of its residents. Situated on the subject property is a certain geothermal water well of great historical significance which is located on the Common Property of the approved plat for the Planned Community. The undersigned does hereby grant a perpetual easement for the use and enjoyment of the waters of said well and its associated spring to all future owners of Lot 18 of the Planned Community. It is understood that said water will be shared between the Homeowner's Association and all future owners of said Lot 18. Either party may enforce their rights herein as against the other. Either party may enhance the subject well in the future provided that it is always subject to compliance with all laws then in effect No party shall be entitled to cap, degrade, or destroy the subject wellhead. It is agreed that the water will be divided between the parties such that the owners of Lot 18 will continue to receive a volume roughly consistent with that utilized heretofore in serving the existing pool on that lot. That flow is estimated at _ gpm. All of the rest of the water from the well shall be available to the Homeowner's Association. It is currently planned that a water feature will be developed on Common Property of the Pla.Qned Community for the use of said water. AU maintenance of the well and all transmission lines to the above pool on Lot 18 will be the sole responsibility of the owner of Lot 18. Said owner is obligated to maintain said well in good condition for the benefit of both parties. Th~ Homeowner's Association will be solely responsible for all maintenance concerning all transmission lines for the water it utilizes. This easement shall be deemed appurtenant to Lot 18. DATED this _ day of . 2007. HELMAN SPRINGS, LLC By: DEVIAN AGUIRRE, Manager STATE OF OREGON ) ) 9 COUNTY OF JACKSON ) On this _ day of , 2007, personally appeared the above-named Devian Aguirre, Manager of Grantor Limited Liability Company, and acknowledged the foregoing instrument to be a voluntary act. Before me: Notary Public for Oregon My Commission Expires: Water Easement -1- DAVIS, HEARN, SALAOOFF BRIDGES & VISSER A Profeetlonal Corporation 515 EAST MAIN STREET ASHlAND, OREGON 97520 C- (541)482-3111FAX(541)488-4455 II;:) www.davisheam.com ,.' ,'''. ~'l.. '..' ! I: . i.,," KenCairn Sager Landscape Architects, Inc. 545 A Street, Suite 3 Ashland, OR 97520 'II' 541/488-3194 Fax: 552-9512 . : -, ~";:'li'i MEMO Date: February 9, 2007 Re: Helman Springs Development - Water Rights relating to Existing Well To Whom It May Concern: The Planning Commission has expressed concern over a potential water right issue of the existing welVspring on the subject property. In researching this, we have determined that no water right is required. According to the Jackson County Watermaster, a well using less than 15,000 gal/day for uses such as a pool do not require a water right (see attached copy of ORS 537.545 Exempt Uses). Based on the Water Supply Well Report (attached in the Hydrogeologic Assessment by Cascade Earth Systems), the well has a continuous flow of 20 gal/hour, equivalent to roughly 500 gal/day. This is far below the required flow rate necessitating a water right for this use. We hope this resolves any concerns regarding the use of the well. I J b Spring! Summer 2007 Fall 2007 to Spring 2008 Helman Springs Homes <',: t., .~"L.J Development Timetable It!n: Wetlands Mitigation Rough grading for houses Drainage Street work Curb/ Gutter & Sidewalks Perimeter fencing Common area landscaping & features Building Construction ~ I r 1 Spring/ Summer 2007 flL: C.. ;~,: f' ' [) Helman Springs Homes Financing ;: I'~;nl Conventional loan from commercial lender for infrastructure and balance due on land. Total to be financed <$1,200,000. II 8' " o. ..f\..i " HELMAN SPRINGS HOMES PROJECTED ANNUAL HOMEOWNER ASSOCIA TION BUDGET ~" ,~:' ;~1 ~ Applicant is projecting an initial monthly budget of the Association of Unit Owners for the operation and maintenance and any other common expenses of the Homes as follows: EXPENSES Monthly Annual Electric $20 $240 Water $50 $600 Landscape Maintenance/Replacement $300 $3600 Wetlands Maintenance $250 $3000 Common Area Liability Insurance $60 $720 Slurry coat drive $35 $420 Management Fees (5% of fees) $36 $432 Contingency (10%) $72 $864 Total Fees needed $823 $9876 ~ UOA Fees per Unit $68.58 $823.00 1/1 t.. I' . , , Proposed Home Elevations & Floor Plans: Proposed Elevation #1 3 Bedroom-2 1/2 Bath Den & Family Room 2362 square feet / ~ 0 c.- 1:- r Proposed Elevation #2 ;--";r-'~' 4 Bedroom- 2 1/2 Bath & Den 2453 square feet I ~ ( r ~. ,. r .Ir...r , I Proposed Elevation #3 'l"..... 3 Bedroom- 2 1/2 Bath Office & Game Room 2605 square feet I -:J. .1 JACK DAVIS CHRISTIAN E. HEARN' SUSAN VOGEL SALADOFF* JENNIFER A. BRIDGES JESSE A. VISSER DAVlSH~._. . . OFF ~"- .' D.1UJ.J\.y.t!i~tj{% .,' SBR A T TOR N E Y '$' '~iT LAW SAM B. DAVIS - ReInd SIDNEY E. AlNSWORTH (1927-2003) DONALD M. PNlOCK. Retired DANIEL L. HARRIS - Retinld DAVID V. GIlSTRAP. 01 CounHI 'AJsoAdmlIted to _In CA '* AIsO..._1o _In DC, MO, PA 8Ild NJ Established 1953 A Professional Corporation 515 EAST MAIN STREET ASHLAND,OREGON97520 (541) 482-3111 FAX (541) 488-4455 www.davisheam.com May 23,2007 Via Email Transmission City of Ashland Department of Community Development 20 E. Main Street Ashland, OR 97520 Attn: Maria Harris, Senior Planner RE: Planning Action # 2006-00078 Location: 247 Otis Street Applicant: Sage Development, LLC Submittal in compliance with Condition # 37 Dear Maria: Here is Applicant's submittal addressing Condition of Approval # 37 in connection with Applicant Sage Development, LLC's request for final plan approval for the project at 247 Otis Street. BACKGROUND On January 2, 2007, the City of Ashland ("City"), through its Council, issued Findings, Conclusions, and Orders approving, with conditions, the application submitted by Sage Development, LLC ("Applicant") for Outline Plan approval of an 18-unit single family residential subdivision and related approval requests (Planning Action # 2006- 00078) (the "Project"). Condition # 37 of City's Findings, Conclusions, and Orders states: "Applicant shall mitigate traffic impact of this 18 lot subdivision consistent with a constitutionally required individualized determination of the impact of this development in relation to any requested off-site RECEIVED MAY 2 3 'JfI1I / t), :~, City of Ashland Community Development Page -2- City of Ashland Department of Community Development May 23, 2007 improvements, in accordance with the Ashland City Code, as may be in place at the time of application for final plan approval. Applicant has indicated acceptance of any requirement fairly imposed [related] to the development of street improvements." On January 13, 2006, Applicant submitted to City its "Helman Springs Homes Development Traffic Impact Analysis," drafted by JRH Transportation Engineering. This Traffic Impact Analysis appeared in the Record before City's Council at the time of the public hearings on the Project. (Record: pp. 369 - 437). A copy of the 69-page Traffic Impact Analysis is again provided to City as an attachment to this letter, and incorporated herein by reference. Condition # 8 of City's Findings, Conclusions, and Orders generally requires off- site sidewalk improvements on Randy Street, connecting the Project to Laurel Street, but these are limited to sidewalk improvements, not "traffic impact." Further, Applicant has agreed to provide these improvement. Condition # 36 of City's Findings, Conclusions, and Orders generally requires Applicant to execute a document consistent with ALUO 18.68.150, agreeing to participate in "their fair share costs" associated with a future local improvement district for future improvements to Laurel Street, when these might someday become necessary or advisable in the opinion of Council. Applicant agrees not to remonstrate against such distri~t. Applicant has agreed to comply with the above conditions of approval in connection with final plan approval. DISCUSSION In Dolan v. City of Tigard, 114 S.Ct. 2309, 129 L.Ed.2d 304 (1994), the U.S. Supreme Court held that a condition of approval requiring dedication of property must include findings demonstrating a reasonable relationship between the dedication, or the rough proportionality of the condition, to the impacts of the development. Although no precise mathematical calculation is required, there must be some particularity in local government findings aimed at addressing the relationship between developmental conditions and the impacts of the development. The issue is "whether the evidence in the record would lead a reasonable person to conclude that there is a need for the condition to further a relevant planning purpose." Carter v. Umatilla County, 29 Or LUBA 181 (1995). RECEIVED DAVIS, HEARN. SALADOFF BRIDGES &. VISSER A ProfesIIonal ColporaIlon 515 EAST MAIN STREET ASHLAND. OREGON 97520 (541)"82-3111 FAX (541) <1884455 MAY 2 a DSI 1;J.'1 City of Ashland . Community Development Page -3- City of Ashland Department of Community Development May 23, 2007 In this case, Condition # 36 requires Applicant to waive its right to remonstrate against, and consent to participation in, the cost of future street improvements. Further, AMC 13.20 allow's City's Council, in it's discretion, to call for the formation of a local improvement district to pay for any future street improvements which City deems necessary, in accordance with the provisions of AMC 13.20. ORS 223.389 allows Oregon cities to adopt ordinance provisions, like AMC 13.20, to finance the cost of future street improvements which become necessary or advisable. The Traffic Impact Analysis submitted by Applicant in connection with the Project concludes that "Study area streets were shown to have sufficient capacity to serve the proposed Helman Springs Homes [the Project]." See attached Traffic Impact Analysis, and Record, p. 371. The purpose of Condition # 37 was to require Applicant to comply with the requirements of "Ashland's City Code" as it might exist at the time of application for final plan approval. The Ashland City Code, and more specifically the provisions of AMC 13.20 and ALUO 18.68.150, have not been amended since the Findings, Conclusions, and Orders in connection with Applicant's Outline Plan Approval were issued on January 2, 2007. Therefore, Condition # 36 fully covers all future off-site "traffic impacts", and no construction of off-site street improvements are required of Applicant at this time. In Rogers Machinery, Inc. v. Washington County, 181 Or. App. 369 (2002), the Court held that "legislatively imposed and generally applicable fees" do not trigger Dolan's heightened scrutiny test. Similarly, in Homebuilders Association of Portland v. Tualatin Hills Park and Recreations District, 185 Or. App. 729 (2003), the Court held that systems development charges imposed on developments do not trigger Dolan heightened scrutiny analysis, because they are quasi-legislative in nature and not an ad hoc exaction. In McClure v. City of Springfiled, 39 Or LUSA 329 (2001), LUBA stated: "In their first assignment of error, petitioners also contend that the city's findings are wholly inadequate to justify Condition 10. See n 1. Petitioners argue that any exactions imposed in an improvement agreement must similarly comply with Dolan. RECEIVED DAVIS, HEARN, SALADOFf BRIDGES & VISSER A Profasional CorporeIlon 515 eAST MAIN STREET ASHlAND. OREGON 117520 (541) 482-3111 FAX (541) 488-4455 1~5 MAY 2 3 'EIJ1 city of Ashland Community Development Page -4- City of Ashland Department of Community Development May 23, 2007 "The city responds that the improvement agreement Is merely a waiver of remonstrance to the formation of a local improvement district, and does not prevent petitioners or successors in interest from protesting the percentage or amount of improvement costs. The city contends that such an agreement is not subject to a takings analysis under the Fifth Amendment, because there is no loss of the beneficial use of property as a result of the condition. "We agree that a waiver of remonstrance to the formation of a local improvement district is not subiect to the analysis required by Dolan because it. by itself. does not result in a loss of petitioners' property. "Petitioners' first assignment of error is denied, in part." McClure v. City of Springfield, 39 Or LUBA 329, 350 (2001); affirmed: McClure v. City of Springfield, 175 Or. App. 425 (2001). (emphasis added). FINDINGS AND CONCLUSIONS Finding # 1: Condition # 36 of the Findings, Conclusions and Orders issued in connection with Outline Plan Approval of Applicant's Project stated: "Applicant shall execute a document as consistent with ALUO 18.68.150 agreeing to participate in their fair share costs associated with a future Local Improvement District for improvements to Laurel Street and to not remonstrate against such District. Nothing in this condition is intended to prohibit an owner/developer, their successors and assigns from exercising their rights to freedom of speech and expression by orally participating in the LID hearing or to take advantage of any protection afforded by any party by City ordinances and resolutions." Conclusion of Law: Applicant has agreed to comply with the above Condition # 36, and any future improvements to Laurel Street will be financed, in part, by owner/developer, their successors and assigns. This will require the owner/developer DAVIS, HEARN, SALADOFF BRIDGES & VISSER A P,oIeuion8l Corporatlon 515 EAST MAIN STREET ASHlAND, OREGON 97520 (541) 482-311\ FAX (541) 488-<1455 kLCI.:JVED MAY 2 3 'lOO7 )~~ City of Ashland r^~- ",. n~.,-'- Page -5- City of Ashland Department of Community Development May 23, 2007 of the Project, their successors and assigns to participate in mitigating any traffic impact created by the project through the LID process. Finding # 2: Applicant has submitted a Traffic Impact Analysis which concluded that "study area streets were shown to have sufficient capacity to serve the proposed Helman Springs Homes development." Rec: p. 371, and attachment. Conclusion of Law: Off-site traffic impact improvements are unnecessary at this time to mitigate the traffic impact of the Project. Finding # 3: Condition # 37 of the Findings, Conclusions, and Orders issued in connection with Applicant's project requires: II Applicant shall mitigate traffic impact of this 18 lot subdivision consistent with a constitutionally required individualized determination of the impact of this development in relation to any requested off-site improvements, in accordance with the Ashland City Code, as may be in place at the time of application for final plan approval. Applicant has indicated acceptance of any requirement fairly imposed [related] to the development of street improvements. " Conclusion of Law: The Ashland City Code, at this time, allows the traffic impacts from the Project to be mitigated by owner/developer, their successors and assigns, agreeing to finance any future street improvements as required by Condition # 36. By complying with Condition # 36, no constitutionally required individualized determination of the impact of this development in relation to any requested off-site traffic mitigation improvements is necessary. McClure v. City of Springfield, 39 Or. LUBA 329,350 (2001). Existing Condition # 36 covers the construction of off-site improvements necessary to mitigate traffic impact from Project. In light of Condition # 36, no "constitutionally required individualized determination" of the traffic impact" of the Project is necessary or required. Sincerely, DAVIS, HEARN, SALADOFF, BRIDGES & VISSER, P.C. ~M~ ~ RECEIVED DAVIS. HEARN, SALADOFF BIUOOBS & VISSER A ProfeaiOn8l Corporlllion 515 EAST MAIN STREET ASHLANO, OREGON 97520 (541) 0482.3111 FAX(541)4~455 /~ 7 MAY 2 3 2007 City of Ashland Community Development Page -6- City of Ashland Department of Community Development May 23. 2007 Attachment: Helman Springs Homes Development Traffic Impact Analysis cc: Richard Appicello. City Attorney Client DAVIS, HEARN. SALADOFF BRIDGES & VISSER A ProfenlonaI Cofpor8lion 515 EAST MAIN STREET ASHlANO. OREGON 91520 (641)482-3111 FAX (641)~455 I~~ RECEIVED MA~ 2 3 2007 City of Ashland Communitv OevelorvT1pnt ENGINEERS rROIECT MANAGERS rLANNERS i "i-', RECEIVEI) . f JAIl 13. t _ clltftIIfI Cornnu1Hv 1M IIlJ1lftltl'l . .; HELMAN SPRINGS HOMES DEVELOPMENT ~.; '~,:... ". .~ f ~ ~< ~ TRAFFIC IMPACT ANALYSIS MEDFORD, OREGON JANUARY G, 2006 JRH TRANSPORTATION ENGINEERING 117SI,\qMI\IN~IIUI1.:::(llfl Il.MIPhlf{Il.<\Rh,\IN 'l7~\\.1 ~li77(,q<I\,(, f4.X:;.II77Ir.7'HI JlUh:rIlUIWIf;l'lIM , , I tI r + JRH TRANSPORTATION ENGINEERING HELMAN SPRINGS HOMES DEVELOPMENT TRAFFIC IMPACT ANALYSIS MH)f-\ )Ill!. ;l!~h;t IN J;\NI1..\/\\ {l .?l H It. rRENEWAl DATE 1'1-1 S,I lo~ jRH TRANSPORTATION ENGINEERING 1175 ~AST MAIN ~TRHT. ';IIlTl I~.. Mf Ofl 'RD. (1Rh,nN 'li'i(\.' 'i'I;,77(i,C~)('(1 FAX "-11.77(,,71).17 Iltll c/ lit 11\\'lli \ \)M "l - I ~ '! ,'. I f:>o + EXECUTIVE SUMMARY :BACKGROUND JRH Transportation Engineering perfonned an analysis of potential traffic impacts for the proposed Helman Springs Homes development on Township 39 Range IE Section 04BC tax. lot 400. The site is located west of Laurel Street between Otis Street and Randy Street in Ashland, Oregon. Total acreage of the property is equal to 4.38 acres. The proposed Helman Springs Homes development includes build~out of 20 single fiunily residential (SFR) dwelling units. The traffic generation for 20 SFR dwelling units is 191 average daily trips with 20 in the PM peak hour and 15 in the AM peak hour. The proposed development will extend Drager Street to the north to intersect with Randy Street west of Willow Street. Access to the site is proposed ftom Otis Street, Randy Street, and the Drager Street extension. The study area includes the intersections of Randy Street & Willow Street, Laurel Street & Randy Street, Otis Street & Laurel Street, and Otis Street & Drager Street. A level of service analysis was prepared for study area intersections under existing year 2005, year 2006 no build, and year 2006 build conditions. Analyses were prepared for the AM and PM peak hours of the day. RESULTS All intersections within the study area operate acceptably under existing 2005, year 2006 no build, and year 2006 build conditions. Study area streets were shown to have sufficient capacity to serve the proposed Helman Springs Homes development. JRH TRANSI~)RTATI()N ENGINEERING \ JANUARY 6. 2006IHELMAN SPRINGS HOMESTJA 13 ," ~.: i lal + TABLE OF CONTENTS EXECUTIVE SUMMARY .............................. ....... ............. ........... .... ............................ .._................ 3 1.0 INTRODUCnON ............................................ ...... ..................._................. .................... .............. 6 2.0 SITE DESCRIPTION ........ ....... ............... ............. ...............................11..........................................8 2.1 ROAD SYSTEM .......... .................. ............ .... ...... .......... ...... ................ .......... .............. .... ........... 8 2.2 TRAFFIC COUNTS........................................... ..... ....... ............... ..... ......................... ................8 2.3 TRAFFIC VOLUME ADJUSTMENTS.............. ....... ........ ................ ....... .................. .... .............. 8 2.3.1 SEASONAL ADJUSTMENT... .... ................... ....... ........... .......... ......... ....... .................. ...... ...... 8 2.3.2 BACKGROUND TRAFFIC ADJUSTMENT ...........................................................................10 3.0 TRIP GENERA TION......._........._........._.........._......................._..........._..................._.._........10 4.0 TRIP DISTRIBUTION AND ASSIGNMENT ............................................................................10 5.0 INTERSECTION PERFORMANCE MEASURE........._...........................................................12 6.0 EXISTING PERFORMANCE MEASURES .............................................................................12 6.1 ADJUSTED YEAR 2005 PERFORMANCE ANALYSIS ..........................................................12 6.2 EXISTING STREET CAPACITY..............................................................................................13 7.0 BUILD & NO BUILD PERFORMANCE MEASURES ............................................................. 14 7.1 YEAR 2006 BUILD AND NO-BUllD PERFORMANCE ANAlYSES ......................................14 7.2 YEAR 2006 STREET CAPACITY ............................................................................................14 8.0 RECOMMENDATIONS AND CONCLUSIONS ......................................................._.............17 LIST OF TABLES TABLE 2.1: STUDY AREA ROADWAY CHARACTERISTICS........................................................8 TABLE 3.1: AM & PM PEAK HOUR TRIP GENERATIONS.......................................................... 10 TABLE 6.1: ADJUSTED YEAR 2005 STUDY AREA PERFORMANCE ANALYSES.................... 12 TABLE 7.1: YEAR 2006 BUilD & NO BUILD PERFORMANCE ANALYSES............................... 14 LIST OF FIGURES FIGURE 1: VICINITY MAP ... ............... .................... ................... ............... ..................7 FIGURE 2: EXISTING YEAR 2005 TRAFFIC VOLUMES (AM/PM) ......... ...... ...... ......... ... .....9 FIGURE 3: DEVELOPMENT TRAFFIC VOLUMES (AMIPM) ... ............... ...... ............... ......11 FIGURE 4: YEAR 2006 NO BUILD TRAFFIC VOLUMES (AMIPM) ................................... ..15 FIGURE 5: YEAR 2006 BUILD TRAFFIC VOLUMES (AMlPM) ... ............... ............ ......... ...16 JRH TRANsrC'1R.TATlON fNGINEfIUN(j IJANUAR.Y 6. 2006IHELMAN SPRJNGS HOMES TIA 14 37..:J.. /~~ LIST OF APPENDICES APPENDIX I APPENDIX II APPENDIX III APPENDIX IV APPENDIX V APPENDIX VI APPENDIX VII APPENDIX VIII SITE PLAN TURNING MOVEMENT COUNT DATA TUBE COUNT DATA EXlSnNG YEAR 2005 SYNCHRO OUTPUT YEAR 2006 NO BUILD SYNCHRO OUTPUT YEAR 2006 BUILD SYNCHRO OUTPUT ATR INFORMATION CITY OF ASHLAND STREET DESIGN STANDARDS )RH TRANSPORTATION ENGINEERING I JANUARY 6. 2006 fHELMAN SPRINGS HOMESTIA 15 ;' -/ ~~ 133 + 1.0 INTRODUCTION + JRH Transponation Engineering perfonned an analysis of potential traffic impacts for the proposed Helman Springs Homes development on Township 39 Range IE Section 04BC tax lot 400. The site is located west of Laurel Street between Otis Street and Randy Street in Ashland, Oregon. Refer to Figure 1 for a vicinity map. Total acreage of the property is equal to 4.38 acres. The proposed Helman Springs Homes development includes build-out of 20 single family residential (SFR) dwelling units. The traffic generation for 20 SFR dwelling units is 191 average daily trips with 20 in the PM peak bour and 15 in the AM peak bour. The proposed development will extend Drager Street to the north to intersect with Randy Street west of Willow Street. Access to the site is proposed from Otis Street, Randy Street, and the Drager Street extension. The study area includes the following intersections: 1. Randy Street & Willow Street 2. Laurel Street & Randy Street 3. Otis Street & Laurel Street 4. Otis Street & Drager Street A level of service analysis was prepared for study area intersections under existing year 2005, year 2006 no build, and year 2006 build conditions. Analyses were prepared for the AM and PM peak hours of the day. The AM peak hour is typically less than the PM peak bour but in this case there is a school within a quarter mile of the proposed development and the AM peak is larger than the PM peak. For this reason, both peak hours were evaluated. JRH TRANSPORTATION ENGINfERING I JANUARY 6. 200G IHELMAN SPRINGS HOMESTIA 16 37LJ /3'1 + FIGURE 1 : VICINITY MAP NEVADA STREff RANDY STREff I~~JJ VICINITY MAP JRH TRANSPORTATION ENGINEERING 1175 E. MAIN STR.Eff SUITE lC 1 MEDFORD. OREGON mSOI ~ NOT TO SCAU l- ..... .... a: ~ ... ... a: ::J :S LEGEND jltH TRAN<;I'ORTATlt")N ENGINEERING I1ANUARY 6. 200GIHELMANSPRJNGSBOMFSTIA 17 ;.,.. ....i.e- .... ..') . .., ,... I,,?,.' 2.0 SITE DESCRIPTION + The proposed Helman Springs Homes development is located west of Laurel Street between Otis Street and Randy Street. Proposed access is to be taken from Otis Street, Randy Street, and the Drager Street extension through the site. 2.1 ROAD SYSTEM The general characteristics of streets in the study area are provided in Table 2.1. TABLE 21: sruDY AREA ROADWAY CHARACTERISTICS Roadway Functional NumIler of Curb & DeIIgn SIdewIlks Bike Posted Clullftcation ......, Gutter Speed Lanes BUI DIreetIon Routes laurel Street Neighborhood 1 Ves 20 MPH No No No Residential OIls S1reet Neighborhood 1 Ves 20MPH No No No Residential Randy Street Neighborhood 1 Ves 20MPH Varies No No Residential Drager Street Neighborhood 1 Yes 20 MPH No No No Residential WiIow Street Neighborhood 1 Yes 20 MPH No No No Residential 2.2 TRAFFIC COUNTS Count data for study area streets and intersections was prepared during November of 2005. Refer to Appendices II & m for data. 23 TRAFFIC VOLUME ADJUSTMENTS 2.3.1 SEASONAL ADJUSTMENT Application of seasonal adjustment factors accounts for the fact that volumes on streets tend to fluctuate from month to month because of increased recreational traffic, etc. Since manual counts are taken throughout the year, cowt data needs to be converted to the peak month of the year to represent 301li highest bOlO'volumes. Converting count data to 30th highest hour volumes is accomplished using data collected at OooT Automated Traffic Recorder (A TR) stations or using local historical data if available. For purposes of this study, A TR 15-014 along OR 99 was the closest A TR to the site. Traffic volumes along OR 99 are much larger than those in the study area but the street characteristics are similar because OR 99 carries a large volume of local traffic. Historical cowt data specific to the study area would have been preferable but none was available. Based upon this, ATR 15- 014 was used to develop a seasonal adjustment factor. Evaluating data over five years produced a seasonal adjustment factor of 1. t 1 for November counts. Refer to Appendix VII for A TR information. Refer to Figure 2 for adjusted year 2005 traffic volumes. JRH TRANsrOR T A nON ENGINE ERING I JANUARY 6. 2006IHELMAN SPRINGS HOMES TIA J 8 ..:.. ' i ( .., , ~ /3" + FIGURE 2 AD] YR 2005 <AM)PM NEVADA STREET "..J-(~;---'--JL --- ! - c." I (8l' (22)'0; I (I,. L; ;{~_t ~I RANDY STREET ' :-";"....--..... LEGEND FIGURE 2 : AOJ VII. 2005 v\MIPM JRH TRANSI'ORTATION ENGINEERING 1175 f. MAIN STREET SUITE Ie l MmrORO. OREGON 97501 . ~ NOT TO SCAlf o~ "'01' "Ivl; "'v~ -. -.J~)ilj--:'jrC' . ~ (1010 '(0)1 r IVI': ,(11)1. : (48)26 I 1- I (J)'L' tll~I~02l4I, (4)), - I . ..J1C_Ll~}4 r " "-,I~' !~.. 1 1 toll : I2IJ(I03149 , ('113)7& : t:;:; (2/4 I ..... ,-"1 a: b; ...... .... a: ;:) ~ JRH TR,AN<;("ClIUATll)N ENtjlNHRINGIJANUARY 6. 200GIHELMAN SPRlNGS HOMES TIA 19 J". rj ,-: ..-,. r I ::, ""7 r L. 2.3.2 BACKGROUND TRAFFIC ADJUSTMENT The proposed development is scheduled for completion in year 2006. Year 2006 no build and 2006 build scenarios were derived by applying a growth rate to existing 2005 count data. Growth rates were determined based on historical data from ATR 15-014. Refer to Appendix VII for growth rate information. + 3.0 TRIP GENERATION The number of vehicular trips for the proposed Helman Springs Homes development is estimated based upon the trip generation for single family residential dwelling units. Trip generations are based upon the ITE Trip Generation Manual, 7Ut Edition. Refer to Table 3.1 for results. TABLE 3.1: PM PEAK HOUR TRIP GENERATION lind u.e lind sa. ADT AM PM T:' AM Trip AM U.. TrtD RID TrIDIl Trio RItt Rate Trt- Helman SprIngs Homes Dtv Slnale Family SFR 210 2000 9.57 191 1.01 20 0.15 15 Total 20 15 4.0 TRIP DISTRIBUTION AND ASSIGNMENT Project trips were distributed based upon existing traffic volumes on Laurel Street, Otis Street, Randy Street, Drager Street, and Willow Street within the study area. In an evaluation of the local street system, a larger percentage of trips were shown to come from and go to the south during the PM peak hour. During the AM peak hour a larger percentage of inbound trips were shown to come from the north and east while outbound trips favored going to the south. Based upon.this, approximately 7oe-" of inbound trips (8 trips) during the PM peak hour were estimated to come from the south and 30% (3 trips) from the north and east. During the AM peak hour approximately 25% ofinbound trips (1 trip) were estimated to come from the south and 75% (3 trips) from the north and east. Fifty-five percent of outbound trips (6 trips) during the AM peak hour were estimAtM to go to the south and 45% (5 trips) to the north and east. Similarly, 7oelo of outbound trips (5 trips) during the PM peak hour were estimated to go to the south and 30% (2 trips) to the north and east. Refer to Figure 3 for development trip distributions. JRH TRANSP(lRTATlt)N fNrilNFf.RINti ljANUARY 6. 2006 IHELMANSPRlNGSHOMESTIA 110 ::... , / ~., ....01 I J )~g + FIGURE 3 DEVELOPMENT TRIPS (AM)PM NEVADA STREET ,. .,..---.-...... '- (0)0 . (0)0- .. (0)0 ! (3)5 r ' (0)0 (7)l T ~ (2)1 : .JL ' i - ($)$ I (2). (0)0 1 , (o)OL1 ) (1)c_l ~ .................,:_ __i_. -., "'Ib\NOY STREET '. ~SITEI ''-'''0':..:)<0)0 II ". - (2)0 : -. (3)0 (010 (1)1 (0)0; (0)0 (010 L ~ ;(O>L,I (0)0 (1)1 _ ; _ '.. IF' .. ._!~c.' OTIS STREET '. LEGEND I FIGURE 3 ; DEVELOPMENT TRIPS (AM)I'1 JRH TRANSI'ORTATION ENGINEERING 1175 E. MAIN STREET SUITE Ie 1 MEDFORD. OREGON WSOI . ~ NOT TO SCAlE . <j (1)0' j "J\-' .. (3)5 : (1)1 (3)0 ! (0)3 I '--j !E .... (.~I '___.' rx: Ii; .....l ... ex: ::> :5 O~ 'VC'~ -1"..~ 'VUe<- jRH TRANSI'(IRTAT10N ENGINEERING IJANUARY 6. 20061HELMAN SPRINGS HOMESTIA I t1 .'.) '/ () / ., a ,."")'/ 5.0 INTERSECTION PERFORMANCE MEASURE + The intersection performance measure used in the analysis was level of service (LOS). Level of service is a concept developed to quantify the degree of comfort (including such elements as travel time, number of stops, total amount of stopped delay, and impediments caused by other vehicles) afforded to drivers as they travel through an intersection or roadway segment. It was developed to quantify the quality of service of transportation facilities. LOS is based on average delay. defined as the average total elapsed time from when a vehicle stops at the end of a queue \Dltil the vehicle departs from the stop line. Average delay is measured in seconds per vehicle per hour and then translated into a grade or level of service for each intersection. LOS is the perfonnance standard for intersections under the jurisdiction of the City of Ashland and Jackson County. LOS ranges from A to F. with A indicating the most desirable condition and F indicating the most unsatisfactory condition. LOS 0 is the minimum acceptable level of service for streets and intersections. Performance measures were evaluated according to the Highway Capacity Manual (HCM) method implemented in SYNCHRO Version 6. 6.0 EXISTING PERFORMANCE MEASURES 6.1 ADJUSTED YEAR 2005 PERFORMANCE ANALYSIS Adjusted year 2005 conditions account for seasonally adjusted count volumes. A level of service analysis was prepared at study area intersections under adjusted year 2005 conditions. Results are provided in Table 6.1. Lalnl Steet & Randy Street PM ExIItIn V_ 2005 lOSA lOSD LOSD LOSD LOS A lOSA LOS A LOS A LOS A LOS A As shown in Table 6.1. all study area intersections are shown to operate within standard minimums under adjusted year 2005 conditions. Refer to Appendix IV for SYNCHRO output. JR.H TRANsr'ORTATlON ENGINEER.ING I JANUARY 6.2000 IHELMAN SPRINGS HOMES TIA 112 .-:. ...' I". l'fo + 6.2 EXISTING STREET CAPACITY The City of Ashland has street design standards with desirable average daily trip (ADT) volumes for various street classifications. Table 1 on page 20 of the Street Standards Handbook lists less than 1,500 ADT for neighborhood residential streets and 1,500-5,000 ADT for neighborhood collector/residential streets. Otis Street, Drager Street, Willow Street, and Randy Street fit the neighborhood residential standard, while Laurel Street meets the neighborhood collector/residential standard because it gathers trips from various smaller residential streets and distributes them to Orange Avenue and Nevada Street. The design speed for all study area streets is 20 miles per hour and tube count information shows that all currently carry less than 1,500 ADT. Study area streets, therefore, confonn to the neighborhood residential street standard. Refer to Appendix VIII for the City of Ashland street design standards. Street capacity is not commonly measured directly from the traffic volume on a given section of roadway. Capacity is commonly evaluated based upon the operation of intersections along the roadway. When intersections reach level of services above level of service D then it is commonly detennined that additional capacity is necessary or signalization is required. The livability of a roadway, on the other hand, is commonly measured by traffic volumes and traffic speeds. Many local agencies have desired roadway volume ranges provided in transportation system plans or street standards handbooks similar to that of the City of Ashland. For purposes of this report, capacity is measured by intersection operation and street livability by the traffic volume and design speed. The capacity of all streets within the study area is shown to be adequate under existing year 2005 conditions. This is based upon a level of service D or better at all study area intersections. The livability of streets within the study area is also shown to be adequate based upon design speeds of 20 miles per hour and tube counts taken along eacb study area street. Results of the tube counts show that all study area streets currently carry less than 1,500 ADT. Refer to Appendix III for tube count data. jRH TRANSPt.)RTATlllN ENGINEERING /JANUARY 6. 2000lHELMAN SPRINGS HOMESTIA 113 ~"t . t 1 ,,"';"l ( /41 + 7.0 BUILD & NO BUILD PERFORMANCE MEASURES 7.1 YEAR 2006 BUILD AND NO-BUILD PERFORMANCE ANALYSES Year 2006 no build conditions account for seasonally adjusted count volwnes that have been increased by an appropriate growth rate to reflect year 2006 traffic volwnes but do not include project trips. Year 2006 build conditions are no build volwnes that are increased by project trips, and therefore represent full build conditions. Both scenarios are evaluated to compare the impacts of general background growth to specific development impacts. Results are provided in Table 7.1. TABLE 7.1: YEAR 2006 SUILD & NO RUlLO PERFORMANCE ANALYSES Intemc:tion LOS SIandIrd AM PM AM PM No BuIld No BuIld BuIld BuIld Performance PerformlftCt Ptrfonunct Performance L.aureI Street & Randy Street LOS 0 LOS A lOSA lOG A LOS A Randy Street & Willow Street LOS 0 LOS A LOS A lOG A LOS A Laurel Street & otis Street LOS 0 lOSA LOS A lOSA LOS A otis Street & Draaer Street LOS 0 LOS A LOS A LOS A LOS A Proposed Drager Street & LOS 0 - - LOS A lOSA Randv Street As shown in Table 7.1, all study area intersections are shown to operate acceptably under year 2006 no build and build conditions. Refer to Appendices V and VI for SYNCHRO output. 7.2 YEAR 2006 STREff CAPACllY The capacity of all streets within the study area is shown to be adequate under year 2006 build and no build conditions. This is based upon a level of service D or better at all study area intersections with the addition of background growth and development trips. The livability of all streets within the study area is also shown to be adequate. The proposed Helman Springs Homes development is estimated to generate 191 ADT at full build-out. All study area streets are shown to carry less than 1,500 ADT with the addition of background growth and development trips under year 2006 no build and build conditions. JRH TRANSI\.1RTATI(lN ENGINEERING I JANUARY G. 2006 \HELMAN SPRlNGSHOMES11A Il4 ...., '. . ~ ""... . '" /+:L + FIGURE 4: YR 2006 NO BUILD (AM)PM NEVADA STREET ;'_? i~~ i 181~'~ ! (814L (214 - '_..J. RANDY STREET ~I "I~')4 LEGEND I FIGURE 4 : YR 2006 NO IIUILO IAM)I'M I JRH TRANSPOR.TATION ENGINEERING 1115 E. MAIN STREET SUITE Ie . MEDfORD. OREGON 91501 . ~ NOT TO SCAlE o~/V~ t' -1 v. ..-/V(/, ~ .~. .":....J 1010 .JIC' ::::::;- ('0)0 ,fOj' 1'(.)1 I {In'., (")28 , .- l2ll)48 ! (~, L -. \81221110$)4, (4)3 - . ,.ir II_r. , ~ 1:11' ':-=rl-", "I ('Dill : (2)3(,_ ' - I'HI"" ' tt: ,.~214-d ....__._.._~ ~ t- V) ...... UA "" 3 ~... .. ,l . JRH TRANSPORTATION ENGINEERING I JANUARY 6. 2006 IHELMANSPRINGS HOMESTIA lIS /45 + FIGURE 5 : YR 2006 BUILD <AM)PM NEVADA STREET LEGEND I FIGURE S : VR 2000 RUllO \AMII'M I JRH TRANSPORTATION ENCINEERING 1115 E. MAIN STREET SUITE Ie 1 MEDFORD. OREGON !)7S01 . ~ NOT TO SCALE -. : - (9)7 ('0)5 - .. lO)O (3J6 r ::J-;;--;" '.r'" - (1110; (10)2 (22)'0 : (OlD (7)2 j 'lr , (11)17 L .(3)1- ...~~_~.. _--L ....~_.,,~. R:ANDY STREET ~ . '~(o)O T _JIL" ~ ('2)Oj (0)1 (9)'. I \20)19 i (50)Z7 laB)49 . IS)' L \112B l,(10SlO: (5)4 , III _ ,~i~!i.c ".:J (4)1 I (U)lS (U&)78 (3)0,1 _r'o (JI4(lOBl4:!_ o l:;; ..... t:t. l- V> .... ..... t:t. ~ .... O-t" '\10" "'IVt; I\IV" JRH TRANSf'(lRTATION fN(jINEERING I JANUARY 6, 2000 lHELMAN SPRINGS HOMES TIA 116 ?) '~~ 4 1'1,-/ 7.0 RECOMMENDATIONS AND CONCLUSIONS + AU intersections within the study area operate acceptably under existing 2005. year 2006 no build, and year 2006 build conditions. Study area streets are shown to have sufficient capacity to serve the proposed Helman Springs Homes development. The livability of study area streets is shown to be acceptable based upon maximum daily traffic volume standards provided in Table 1 of the City of Ashland Street Standards Handbook. No mitigation is required as a result of development. JRH TRANSPORTATI()N ~'NGINEERIN(j IJANUARYG. 2006 IHELMANSPRlNCS HOMESTIA I 17 , ,:'C ~-) ,~ P,; /'15 + JRH TRANSPORTATION ENGINEERING APPENDIX I SITE PIAN ~ . I :"; ''\\.1 ;+" - -_.~-_._"._.~. .._-~~~-----~--- -- ) . I -I l< l( : : ~ I: I' ------.4-------1-1 Itl !! i !! Ii I l< I l:z :f: " ;: I ::s 1'1 ~ ,.....,: 1; , ......... I------H " :s ''1 " I I . I I I / '. ~ II ~ 1'1' ", 11 I " r- ~ -- I' - ~ \ :l "'. ~-.-:...-t1f I I ' 15 \. : flit I I' :'1 ~ I, It \ ~ '" I l:< '. III :S. ,':S. I I . , I' ='1 I U01 '--'-"r"-"l..i-'-'r"-::~"-"-'(~ I' I In'n' ,n.J ! : I :---- ~ I p--, i i:I' Ii I I '-H I I I I I I I I! i' 11 I I bJ i l.\______l____L___::l::1 ______L_____)) I .111 i II II .111 ..W"'-l - ~:-~--~----:~'-. ~--~~-=__ i ; 111111111.t.t t I . " ! i I! (,.;:=.:=t-:=:F==i=:::-.::r-----"----'" ~ ~ t ~ I : : : - i I i II I I i " hll,1111 ! IUIII "" i . . ......... of "': ,I I I \.....,; l I 14 ~1 Wftlow From North Start Rig' Thr Lef: Ped Time ht u. t; s Factor ~.O. 1.0 1.0: 1.0: 07:00 I 0 5 0 07:15 1 0 5 0 07:30 0 0 4 0 07~5 1 0 8 0 Total 3 0 22 0 08:00 2 08:15 3 08:30 1 08:45 0 Total 6 ... BREAK ... 16:00 2 16:15 1 16:30 1 16:45 1 Total 5 17:00 0 17: 15 0 17:30 0 17:45 1 Total I Grand Total Apprch % Total % 040 020 060 020 o 14 0 o 5 o 1 o 4 o 3 o 13 JRH Transportation Engineering 1175 East Main Street, Suite 1 C Medford, Oregon 97501 File Name: RandyWillowAMPM05 Site Code : 00000001 Start Date : 11/3012005 Page No : 1 6\ 4 51 3 7! 3 21 2 20 I 12 o o o o o 71 6 21 3 51 6 I: 12~ o 2 0 21 5 o 4 0 41 7 o 1 0 1. 1 o 2 0 3! 2 o 9 --0----10'1 15 Groups Printed. Unshlfted Randy Randy'--- From East From South From West Ai~~ Rig Thr. Lef Ped: A+~~ Rig. Thr , Lef: Ped . A+~~ Rig Thr Lef Ped App. Int. al+_ht, ui t 5: al; ht. u: t, s!.--!!.... ht. u. ti S T~~! To~ : 1.0 i 1.0: 1.0. 1.0 j 1 1.0, 1.0; I.<L l.0 i , l.0; 1.0' 1.0. 1.0: 6 0 0 0 0 01 0 0 0 0 O. 0 0 1 0 61 1 0 0 0 Ii 0 0 0 0 01 0 I 0 0 41 0 0 0 0 o! 0 0 0 0 Oi 0 1 0 0 9\ 0 0 0 0 0\ 0 0 0 0 o! 0 0 0 0 25! 1 0 0 0 Ii 0 0 0 0 0: 0 2 I 0 15 0 58 0 731 49 20. 00 79. 00 ' 81. S . 5' ~ 7 33. I 28 U 0.0 9 0.0 42.7! .; o 1 1 1 J o o o o o o 0 o 0 o 0 o 0 o 0 1 0 0 100 o 0 I 200 4 0 I 704 II.; 0.0 6.7 4.1 0.0 2.3 o o 1 2 3 41 0 ~I ~ 181 0 o o o o o 61 0 3 i 0 61 0 61 0 211 0 o 0 o 0 o 0 o 0 o 0 o o o o o o 0 o 0 o 0 o 0 o 0 6 0 0 0 0 8 0 0 0 0 2 0 000 41 0 0 0 0 201 0 0 0 0 I 60' 0 10.0 , I 35.1 I 0.0 000 0.0 0.0 0.0 0.0 0.0 0.0 .^ '.,.. I f / J.j. '1 o o o o o o i 0 oi 0 01 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 ~ I ~ o 0 o 0 o 0 i 0; 0 10.0 I 0.0 10.0 ! 1 j 1 j 1 I I 01 31 , 7 8 5 9 29- 020 3 0 14 2 1 2 100 6 3 16 2! 12 17 26 S 17 1 8 25 63 o 0 o 0 o 1 o 1 o 2 o 0.1 13 1 1 6 o 1 12 0.--1..1 -11_ 1 31 42 o 4 1 51 13 LiJ ~~I o 6 I 7 37 8 12 ] 8 21. 31. 47. 164 4.7 7.0 105 38 17l 22.2 Willow Randy Randy ~~ ~~ ~~. ~~- S . R' 'Tbr; Lef Pd' App, . Ri ; Th I L f Ped' App. ! Ri Th L f Ped App.. Ri 'Th Lef P . App [nt ,tart: Ig j i e i Tot' g i r. c.,. ,Tot' g r : c. ; ; g r cd . . , ' T 'ht 't ht . t . ht I U : t : s. Tot! ht! u t , Tot. Tota ! Ime : u ; i S i aJ ; i u : ; S ! all I , al : ! . ! S ~L___L Peak Hour From 07:45 to 08:30 . Peak I of I By Approac 07:45 h Volume Percent High Int. Volume Peak Factor 7 0 259 0.0 07:45 I 0 107:45 271 10 2 ! 76. IS. i 9 4 108:30 91 3 0.75 01 20 0 74. 00 1 . 8 o JRH Transportation Engineering 117 5 East Main Street, Suite 1 C Medford, Oregon 97501 File Name: RanclyWillowAMPM05 Site Code : 00000001 Start Date : 11/30/2005 Page No : 2 o 0.0 7.7 i ! 07:45 13! 0 i I 5 I- 0.65 i oj 07:45 0 0 0 0 0 5 3 16 24 0.0 20. 12. 66. 8 5 7 08:15 0 3 0 14 17 0.35 3 o ...,OW' ~ r:fi=-~J gilt Left Peds f-J L. I ! L______.. l,rJ11:J. Uili Un. '" , I NorIh .:a~ ~- -0 ;} - i <-,~ j t.; I Unshlfted j " fII' l! ISo JRH Transportation Engineering 1175 East Main Street. Suite 1C Medford, Oregon 97501 File Name : RandyWlllowAMPM05 Site Code : 00000001 Start Date : 11/30/2005 Page No : 3 WHIow Randy Randy From North From East From South From West Start ',Rig Tbr Lef Ped' App. Ri . Thr ; Lef ~ P d lApp, . Ri .-- Thr: L f! P d' App. : Ri 'Thr Lef' Ped App.. Int. . Tot g , ! e Tot g e , e . Tot: g. Tot' Tota Time! ht u t :,. S al ht , U i,' t I, 5 ; a1 '. ht;. uti S a\ i ht ~ U ' t S c___,",--L---1. Peak Hour From'17:00 to 17:45. Peak I ofl . , --_.,- By Approac 11:00 h Volume Percent HighInt. Volume Peak Factor 1 0 I~ 0.0 17:15 o 0 9 0 90. 00 o . 4 o 17:00 i : 17:00 I I 20 I 0 o i i o i 0 0 I 0.0 0.0 J7:oo ~ I 0 0 : 17:00 : i i I 6 1 71 85. 14. 7 3 I 4 03;1 0, 10 IS 75. o 17:15 7 4 0 20. 00 50 o . . o o 4 0.62 5 i o o 8 0.62 5 ..,....... III ~ t I .J L____.._ ~<O~J ls .... O!~_... t.:J. ! 11 UQ. '!' i Nooth ~~j " ....; eJ [lJi;iiiftid-----:J .-......--...--..----...-- --------- I:". ",; / . ~ . . ~ ISI Start Rig Time ~ ht Factor. 07:00 07:15 07:30 07:45 Total 08:00 08:15 08:30 08:45 Total .... BREAK ... 16:00 16:15 16:30 16;45 Total 17:00 17:15 17:30 17:45 Total Orand Total Apprch % JRH Transportation Engineering 1175 East Main Street, Suite 1 C Medford, Oregon 97501 File Name : OtisDragerAMPM05 Site Code : 00000003 Start Date : 11/22/2005 Page No : 1 Groups Printecl- U~hifted OtIs Street Drager Street Otis Street From North From east From South From West Thr: Lef: Ped . App. i Rig , Thr ; Lef: Ped App. Rig Thr, Lef Ped, App. . Ri Thr . Lef Ped App., Int. , ; . Tot: : : . ,Tot .' Tot 'g, Tot Tota u ! t. S I: bt i U . t , S . I ht u t, 5 I ht u t 5 al I . a ' I a . ,a . 1.0 1.0 i 1.0; 1.0: ! 1.0: 1.01Tif'Tcr- i 1.0: 1.0. 1.0 i 1.0 ! 1.0 1.0. 1.0 1.0 .---...-- o {) 0 1 I, 0 0 0 I I I () 0 0 0 0 : () I ---O-Ol~- o 0 0 I 11 0 0 0 0 01 0 0 0 0 01 0 0 0 3 3: 4 o 0 0 0 01 0 2 0 1 3i 0 0 1 0 11 0 3 0 0 3 7 o 0 0 0 01 0 I 0 0 Ii 1 0 0 0 11 0 5 0 1 6' 8 o 0 0 2 21 0 3 0 2 5 ! 1 0 I 0 2 0 9 0 4 13 'l-iZ o 0 0 01 0 0 2 2 4j 0 0 1 0 11 0 3 0 3 61 11 o 0 0 0 I 0 0 0 0 0 1 0 0 0 Oltl 0 1 0 8 91 10 o 0 0 0\ 0 1 0 2 3 0 0 0 0 0 1 0 1 2! 5 ~ ~ ~ ~ \-{ ~ ~ ~ ~ I ; -~ ~ ~ 31 ~ ; ~-,_. 1~-"-*3i- o o o o o 000 0 000 0 000 0 o 0 0 0 o 0 0 0 o 0 o 0 o 0 o 0 o 0 2 0 o 0 o 2 o 0 2 2 21 2 0 31 0 0 31 1 0 200 10 3 0 o 0 21 0 4 0 1 S1 9 000150069 ~ ...~--__Jl_ ~ ~ _l-L_J _J.. o 0 3 I I 9 0 I 11' 24 o 3 1 2 6 000 000 000 000 0-0' 0 o o o o o 0' 0 1 0 I 2\ 0 0 0 I o 0 2 1 0 31 1 0 1 0 00 I 1020000 ~ ! ~ --{---}.- ,y...... -H-'-~-f +- ~ Total % 0.0 0.0 0.0 o I 21 0 o 3 0.0 2~ 7.1 0.0 3.1 1.0 16 6 10 32110 I 00 SO. 18. 31. i 71. . 0 8 3 i 4 165 6.2 10j 33.0! 10j o o 2 100 0.0 0.0 0.0 .0 2.1 2.1 0.0 ; ;II. : ~., / 5':L 11 0 ~l ~ 31 0 6! 0 o 1 2 1 4 ~ ! ~ I ~ o 0 I! 5 0."-Y'-n-20' , 141 1 29 0 19 12.0 s~ 0.0 388 144110 29. 00 19. . i' 9' 6 49 97 50.s JRH Transportation Engineering 1175 East Main Street, Suite 1C Medford. Oregon 97501 OtIs Street Drager Street FrOfl!~orth , From East From South S:m : Rig Thr Lef, Ped : A~:t : Rig . Thr: Lef: Ped -;A{~t . Rig Thr. Lef Ped! TIme I ht: u : t , S i at ~ ht: u t ! S ! al i ht : u i S Peak Hour From 07:45 to 08:30 - Peak I of l--~ By ! Approac 07:45 i 07:45 b i Volume 0 0 0 0 0 I 0 2 Percent I 0.0 250 Higb Int . 08:00 Volume 0 0 2 2 Peak Factor 2 4 25. 50. o 0 101:45 820 16; 0.0 101:45 4 I 0 0.50 o I 0 333 0.0 o File Name : OtisDragerAMPM05 Site Code : 00000003 Start Date : 11/2212005 Page No : 2 Otis Street From West App. Rig' Thr Lef Ped . App_, Int:- Tot ht ~ u ' t s Tot, Tota al; . al I """-------- 07:45 3 o 10 0.0 43; 08:15 o o 13 00 56. . 5 23 o 1 0.75 01 o 8 9 0.63 91 ~.. j-+ r t- I~~ oh ~ Y-i lJCL '--11-, r-in~l-fl ~I .. ~! l!!l ;1'1 j I I! ~ ~: ----....~...---~. - . .-......... - ... --.... ~ ..... ; /~~~ .. , I NOIIh f\J..iiiliii,f-~ 4- -+ Left D...... Peds - -n-""" ;r-- cf ._..!....___k._..__ ----a -ifi- JRH Transportation Engineering 1175 East Main Street, Suite 1 C Medford, Oregon 97501 File Name : OtisDragerAMPM05 Site Code : 00000003 Start Date : 11122/2005 Page No : 3 Drager Street From South Otis Street From West Otis Street From North From East Stan: Rig Thr: Lef Ped' App. , Rig ! TItr Lef Ped: App. ' TJ'me' ht:. u' t: s' Tot: ht! u t s' Tot , , : al i , al' Peak Hour From 17:00 to 17:45 .'Peak 1 of I . By Approac 17:00 h Volume 0 0 0 0 -g;h Thr Lef Ped App. Ri 'TIt L f Ped: App. Int. '''''6 Tot g : r e : Tot Tola' hI U I S al. ht. u ,._~ s i 81 ; I . o i I i 17:00 i I 81 4 0 1667 0.0 117:45 330 0.66 7i 117:00 i i I . I 1 1 6i 0 4 0 2 61 16. 16. I 0.0 6~ 33, I 0.0 I 7 7 3 I 117:30 0 0 3 0 2 0 31 0.50 0.50 I 0: 01 Percent High Int. - Volume Peak Factor i 17:00 ! i O! 0 10.0 \17:15 -I 0 2 -j 521 62. 25. 12. 505 -- ~2 ~-+ I" :~ UlL i North ~;~~~ I ij !-.J tb! ~---=: +- -. . Left Right Peds. _..1L_~L _~ t --"6 fii'-' '::":'::-14' , , /5''-1 Start : Rig Time' ht Factor; 1.0 07:00 0 07:15 0 07:30 0 07:45 0 Total 0 08:00 08:15 08:30 08:45 Total ..... BREAK ..** 16:00 16:15 16:30 16:45 Total 17:00 17:15 17:30 17:45 Total Grand 3 Total Apprch % 1.8 Total % 0.5 o 8 o 11 o 10 I 5 I 34 o 8 o 7 1 6 o 8 I 29 o 7 o 4 o 8 1 4 1 23 laurel From North Thr' Lef Ped u. t s 1.0: 1.0 1.0 10 0 2 13 0 0 11 0 0 15 1 0 49 I 2 o 8 6 1 1 2 o 0 7 II o 1 o o I o o 1 o I 135 81. 3 20. 7 10 18 6.0 lOa 1.5 2.8 JRH Transportation Engineering 1175 East Main Street, Suite 1 C Medford, Oregon 97501 File Name: LaurelRandyAMPM05 Site Code : 00000001 Start Date : 11/29/2005 Page No : 1 GroUP$ Printed- Unshifted Randy Laurel From East From South App. Rig: Thr: Let' Ped, App.; Rig ~ Lef Ped Tot ht ; t Tot! ht . t S i a1i u, S al; U 1.0 1.0; 1.0. 1.0. i 1.0! 1.0 1.0! 1.0; o 0 0 0 01 0 5 0 0 o 0 0 I Ij 2 7 I 0 ~ ~ ~ .~ ___ ~ I ~ : ~ ~ o 0 5 2 ~ 8 27 3 0 12 13 II 16 52 16 0 18 2 13 I 6 0 53 3 030 1 13 2 3 IS 3 230 6 34 5 3 II 4 3 18 48 6 I 22 28 7 I 5 7 10 0 48!94275 I 2 1 o 4 9 0 10 0 8 0 8 0 351 0 o o I o 1 2 I I 1 5 5 I 2 10 3' I 8 5: S 8 I~ I ~ 3~ 2 I IS I 3 0 0 2 5 I 34 ~ 0 15 ~I 1 0 4 32 5 _.~___. _._~~ ~ ~ g ~ ~ I ~~_ 16 3 S9 8 1 I 3----rrr-nl 3 2 3 o 8 1 o o o 1 81 0 2 1 0 3j I 9 3 4/ 0 0 0 0 01 I 20 7 91 0 1 1 0 2 0 11 4 2~ ! ~_.- ~ _...._~.......+_..- ~ I ; 4: 2~ 1661 4 10 51 13 181114 5.1 128 6~ 16; 13~ 25.5 I 0.6 1.5 7.8 2.0 12.01175 130 44 43. 14. 34 6 8 . 2~ 6.8 ;.~. ..,.- 1S'5 Randy From West Thr Lef Ped App. i Int. Tot Tota U t 5 al 1 1 o o o 1 App. Ri Tot! g I. ht a . : 1.0 5: 5 1O! 5 10 j 6 13 i 4 381 20 191 4 55 I 2 36 i 5 17 8 127 19 2 1 1 2 6 IS' 7 29 I 16 6 14 3 74 17 10 298 64 10 58. I 7 1.5 45.8' 9.8 1.0 i 1.0, 1.0: o 0"0 o 0 1 o I 0 202 2 I 3 008 4 0 16 3 0 0 000 7 o-i'r o 0 o 0 o 0 o 0 o '0 2 33 30. 3 5.1 9.2 1.8 1.5 0.3 5, 22 6. 30 71 28 8 [ 43 261 123 121 SO 22 j 113 81 79 8 i 36 I 50 I 278 o 2 1 o 3 71 33 3 36 7hi4 3 26 20 129" 109 651 16.7 JRH Transportation Engineering 1175 East Main Street. Suite 1 C Medford, Oregon 97501 File Name: LaurelRandyAMPM05 Site Code : 00000001 Start Date : 11/2912005 Page No : 2 Laurel Randy Lciurel Randy From North From Easl From South , From West Tbr i Lef: Ped : A~~~ ' Rig : Thr :, Lef Ped! App. ' Rig i Thr : Lef; Ped '1p. Rig' Thr: Lef' p~ : App. ~ u I' tis 'I' J' ht ; u ' t s \' Tot! ht I u it:,' S : ot I ht: U ' I : s' Tot Tota , , ; . a i !' aJ; i _; ! al: , ! i ~1L-l Peak Hour From 07:45 to 08:30 . Peak 1 of 1 By Approac 07:45 h Volume Percent High Int. Volume Peak Factor I Start ! Rig Time: ht 07:45 I 107:45 I 49 I 92 23 74. 18. 8 7 08:15 22486 0.55 7 , I 107:45 I 123 I 15 9 0 26 50 30. 18. 0.0 52. 0 0 0 08:15 I 55 2 4 0 16 221 0.55 0.5: 9 o 44 0.0 698 08:15 o 11 8 II 12. 17. 7 S 63 3 4 36 6 6.1 8.2 735 12i 08:30 1 3 15 3 7 1 5.7 0.8 6 18 0.87 5 o i:' I c;.m I Q~~ -er~ll ThnJ Lit'I s .J 1 '-+ ..J I - [~~: i 1J I a I NolIh ~l +-~ lsl-Q I r'i~ ! :.1 ~j, i8: ... ... ~ I -!~li ~\ ~ i ; '0.. !O)~ ,- -' -~_..... ....--.-..... .. .-.- . .- ... lAtl Thru !tigIIt Peds -..,- ~.- !2i :r --..--- -m- -l-l~ ~ 'f ~ l.,.1 , I""; IS" Percent High Int. Volume Peak Factor JRH Transportation Engineering 1175 East Main Street, Suite 1 C Medford. Oregon 97501 File Name: LaurelRandyAMPM05 Site Code : 00000001 Start Date : 11/29/2005 Page No : 3 1 23 3.8 885 17:30 o 8 1 I 3.8 3.8 o Laurel Randy Laurel Randy ~~ ~~ ~~ ~~ Start ' Rig : Thr, Lef' Ped : App. : Rig : Thr Lef' Ped , App. ; Rig Thr: Lef: Ped . ~oPt' : Rig . Thr . Lcf: Ped ' App. ,'- Int. : T. ! 'i Tot. h' Tot h \, .' h' 't i Tot. Tota. , llTIei ht: u: t s, all ti u; t: s al: ~~~-~~_L~.... Sj al! I Peak Hour From 17:00 to I :45 - Peak I of 1 By Approac 17:00 h Volume I 17:00 261 I i 11. 1 17:45 1 , , i i 20 I 71 O.7~ I ; 117:00 I 741 17 0 . 850 0.0 17:00 7 0 ! 17:00 i 91 4 44 ! 5.4 595 17:15 1 20 3 4 1 33. 44. 11.' 3 4 1 20 6 27. 81 o . o 3 O 0 15. o 0 9 0.72 21 o 2 4 0.561 31 7 29 0.63 8 o o a In ( ~i I 11! =-hlJ Y11~ \. ! t-..8!lh ~191 ~:M~I1J ~ :e~ ~ 11,1 I l : 1- .t=~ ~ . +- -. ~~~;-~ _.,._._""'--...._--~ --- '--74' "T' ::.....(; 1 .... f . /,1:::.-''''7'' ....>"...1 JRH Transportation Engineering 1175 East Main Street, Suite 1C Medford, Oregon 97501 File Name : LaurelOtisAMPM05 Site Code : 00000001 Start Date : 11/29/2005 Page No : 1 Groups Plinted- Unshifted Laurel Laurel Otis FIOITl North From East From South From West Start Rig Thr! Lef . Ped : App. i Rig Thr ; Lef Ped' Ai~~ : Rig ,Thr Lef Ped App. Ri Thr Lef Ped App. Int. Time ht it' Tot. bt u t s, Ii ht Ui t; s. TOI ~ I , Tot Tota u, s 1 u s a1 I ;0- j a . , a ;. : 1.0 : ai, . Factor i 1.0 1.0 I 1.0" 1.0 1 1.0 1.0 i 1.0: 1.0: ! 1.0; LoT 1.0: ; 1.0 i 1.0 1.0 1.0' ---.i 07:00 0 15 0 0 IS, 0 0 0 0 0:- 0 S 0 0 5, I 0 0 0 Ii 21 , 07:15 0 18 0 0 18 ! 0 0 0 0 Oi 0 10 0 0 10 ! 0 0 0 0 0: 28 i 3! 30 07:30 1 16 0 0 17i 0 0 0 0 01 0 9 1 0 10 I 2 0 1 0 07:45 I 23 0 0 241 0 0 0 o~ 0 0 131 4 0 2 0 6L43 Total 2 72 0 0 741 0 0 0 o 0 0 37 I 0 381 7 0 3 0 10 I 122' 08:00 1 14 0 0 15 I 0 0 0 0 01 0 17 I 0 181 3 0 0 0 ~I 36 0&:15 0 26 0 0 26\ 0 0 0 0 0' 0 55 0 0 ss I I 0 I 0 83 08:30 0 30 0 0 30 0 0 0 0 01 0 35 1 0 361 1 0 0 0 1 , 67 08:45 0 15 0 0 15 ] 0 0 0 0 01 0 17 0 0 171 3 ~_-.-JL.-L-1.t-i.!. Total I 85 0 0 86 0 0 0 0 O! 0 124 2 0 126 8 o 1 0 9 221 "'.. BREAK ... 16:00 1 14 0 0 15 0 0 0 0 01 0 14 1 0 IS I 6 0 0 0 61 36 16:15 1 11 0 0 12 0 0 0 0 01 0 IS 2 0 17 4 0 1 0 sl 34 16:30 0 12 0 0 12 0 0 0 0 01 0 16 1 0 17 1 0 0 o -J.j 30 16:45 0 8 0 0 8 0 0 0 0 O! 0 II 1 0 12 0 0 0 o 0 20 47\ 0 - 0 0 01-6- S6 5 0 61TTf 0 1 0'- 12 \'20 Total 2 45 0 0 0 17:00 1 15 0 0 1: I 0 0 0 0 01 0 13 0 0 13 0 0 0 0 01 29 17:15 1 5 0 0 0 0 0 0 01 0 28 2 0 30 2 0 0 0 ;1 38 17:30 1 IS 0 0 I~ 0 0 0 0 o 0 IS 1 o 16 2 0 0 0 34 17:45 0 9 0 0 0 0 0 0 ~12 1 ~.._-~t+-.JL_..!-_.L~ Total 3 44 0 0 471 0 0 0 0 01 0 68 4 o 72 7 0 I 0 8 J 27 Grand I 297\ 33 8 246 0 0 2541 0 0 0 0 0 0 285 12 0 0 6 0 39 S90 Total 184. Apprch 3.1 96. 0.0 0.0 0.0 0.0 0.0 0.0 0.0 96. 4.0 0.0 0.0 15. 0.0 % 9 0 I 6 4 Total 0/0 1.4 41. 0.0 0.0 43.1 I 0.0 0.0 0.0 0.0 0.010.0 48. 2.0 0.0 50.3 I 5.6 0.0 1.0 0.0 6.6 7 ( 3 ! ;... .--1 ! 15~ JRH Transportation Engineering 1175 East Main Street, Suite 1 C Medford, Oregon 97501 File Name : LaurelOtisAMPM05 Site Code : 00000001 Start Date : 11/29/2005 Page No : 2 otis From West App. : Ri ; Thr Lef P d ' App.: Int. Tot g ,e Tot j Tota al1ht; u, t s al: 1 laurel Laurel From North From East From South Start " Rig Thr) Lef' Ped : App. Ri : Thr Lef; P d 'App. Ri Th Lef Ped : ' ; Tot g I ,e Tot' g . r Time: bt ui t, S' 1 ht! uti's' a1!, ht" U t s' ; I j a I Peak Hour From 07:45 to 08:30 - Peak I of 1 By Approac 07:45 h Volume 07:45 o 0 0.0 0.0 95 o o o 07:45 107:45 I 0 0 o 120 2 0 I22l 9 0 3 0 12 0.0 98. 1.6 0.0 I 750 0.0 25. 0.0 4 0 08:15 107:45 0 55 0 0 551 4 0 2 0 6 0.55 0.50 - ! 5! 0 ~ I;~;;~~ .J 1 Percent High Int. Volume Peak Factor 2 93 2.1 979 08:30 o 30 o o 30 o.7~1 ---_...~ ~~~~ ~~! i NOI1h ~____J +- Left Tlvu Peds --ZL':j~c.--o- -ri'E 'l-lrf.:.;' {.... ' ,-.". ~ . -. .' / / t:;C/" I ...,.J . JRH Transportation Engineering 1175 East Main Street, Suite 1 C Medford, Oregon 97501 File Name : LaureJOtisAMPM05 Site Code : 00000001 Start Date : 11/29/2005 Page No : 3 Laurel laurel Otis From North : From East I From South From West Start i Ri ! Thr ' Lef; Ped ! App. ; Ri i Thr i Lef: Ped : App. ~ Ri' ! Thr i Lef: Ped i App. ; Ri 'Thr Lef: Ped: App.' Int. . i g : i : . Tot g ;' ; Tot. g : . i Tot! g , , Tot. Tota Tune i ht: u It! S : I' ht. U ; t ! s! I' bt. u : t , S . aI i ht u t , S al ;, I ' .. I ! j I a, j i I : a, : ! I ; I ! Peak Hour From 17:00 to 17:45 - Peak 1 of I By ! I Approac 17:00 117:00 h i Volume 3 44 0 0 471 0 0 0 0 Percent 6.4 936 0.0 0.0 High lot 17:00 Volume 1 15 0 0 Peak Factor 16 0.73 4 , i 117:00 01 0 68 il 0.0 944 17:15 : I 0 28 4 0 5.6 0.0 , i ! 17:00 i 721 7 Q I I 875 0.0 17:45 3 0 I 0 12. 00 5 . 2 o 30 O'~I o 8: I 41 0.501 OJ 1.ll\lrel 11'1 C411 1- I 1 ! :r3T nfJ..~J .. I , _---l ~i....t 1f.5 .. "'li- o . lit: ~ JI t NOrth ~ed__ J I I ! ----...-..,---.-, ... 4-. Left Thru Peds :'--4r=:~.L 3: I -..-.,2 ll'S 6:j. (J 1) If, 0 + JRH TRANSPORTATION ENGINEERING APPENDIX III TUBE COUNT DATA 4rt-" If, / ~ ~~~~~~~~~~m~~~MMOO_OO~~~~QU) o ~ .......... ......N ::J .r. I- U) ~ Wo ~~""'~NV"""~""'''''''U)'''''~~NOOOOO.....~~~U)V ~......N""'NN~N.~NN..... ......N~N OJ s: I(') ~ ~~~~"""Qu)~~"""~~"""U)"""O""'OOOO~~~~"'" ~_......-N.....NNN.N........... .....N~N OJ s: I() ~ ~~~~O"""OU)~""'~I(')-N""'OOOOON~~N-~ ~'~ ~~~~~~ ~ ~~ 0..... eD ~ ~W~ i~~~I()U)U).~~~.v-o""'o""'OCOO""'NNu)~ 0..... eD . ::J ! I- eCo - ~o I-~- :I i 15 e...A. O,2w %~:& t! i= 'i~ cn= c 0 .u .&11 :!.: ~~~~~~~~~~~l~~~~~~~~~~~~ .....N ~~~~~~~~C"""N'<<<<<<<<a ..........~N~ 1()~~~m"",""''''''~N~~I(')~~~=..... o~~~~ ~~~~=~O~~~N~~~~~~m ..... ..,... ......... In N - i = III .... ~ (") ! I ~ ~ c ~ ~ ..... . 8 ~ ... t Q ! m II: to- rn ~. ) ((" ';; + jRH TRANSPORTATION ENGINEERING APPENDIX IV EXISTING YEAR 2005 SYNCHRO OUTPUT ~. --..~.- _._---.--- .~-----_..__.- ------ - ---.- ~ - .,-"~ '~. I HeM Unsignalized Intersection Capacity Analysis 8: Otis Street & Laurel Street 1/412006 ~ "). '" t ~ .' Movement EBL EBR NBL MBT SBT SBR Lane Configurations y 4' t. Sign Control Stop Free Free Grade 0% 0% 0% Volume (veh/h) 3 10 2 133 103 2 Peak Hour Factor 0.69 0.69 0.69 0.69 0.e9 0.69 Hourly flow rate (vph) 4 14 3 193 149 3 Pedestrians lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX. platoon unblocked ve. conflicting volume 349 151 152 vC1, stage 1 cont vol vC2. stage 2 cont vol vCu. unblocked vol 349 151 152 te, single (s) 6.4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 pO queue tree % 99 98 100 eM capacity (vehlh) 647 896 1429 ~;Lane# . EB1 N81 SB1 Volume Total 19 196 152 Volume Left 4 3 0 Volume Right 14 0 3 cSH 823 1429 1700 Volume to Capacity 0.02 0.00 0.09 Queue Length 95th (ft) 2 0 0 Control Delay (s) 9.5 0.1 0.0 lane LOS A A Approech Delay (s) 9.5 0.1 0.0 Approach LOS A InterSection. Summary Average Delay 0.6 Intersection Capacity Utilization 18.6% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes AM Existing Yr 2005 JRH Transportation Engineering Synchro 8 Report Page 1 "f '. J... . ...., .",."..... 1'4 HeM Unsignalized Intersection Capacity Analysis 12: Otis Street & Drager Street 1/412006 -+ "') ~ ..-. "\ ~ Movement EBi EBR' WBL WBT NBl NBR Lane Configurations t. 4 V Sign Control Free Free Stop Grade 0% 0% 0% Volume (vehJh) 11 0 2 2 1 2 Peak Hour Factor 0.77 0.77 0.77 0.77 0.77 0.77 Hourly flow rate (vph) 14 0 3 3 1 3 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right tum flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 14 22 14 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 14 22 14 te, single (5) 4.1 6.4 6.2 te, 2 stage (s) tF (5) 2.2 3.5 3.3 pO queue "free % 100 100 100 eM capacity (veh/h) 1604 993 1066 DirectiOn. :Lane# EB1 wt31' HB 1 ,.J', . Volume Total 14 5 4 Volume Left 0 3 1 Volume Right 0 0 3 cSH 1700 1604 1040 Volume to Capacity 0.01 0.00 0.00 Queue Length 95th (ft) 0 0 0 Control Delay (s) 0.0 3.6 8.5 Lane LOS A A Approach Delay (s) 0.0 3.6 8.5 Approach LOS A IntersEtction. Suml11afy Average Delay 2.2 Intersection Capacity utilization 13.3% leU Level of Service A Analysis Period (mln) 15 Helman Springs Homes AM existing Yr 2005 JRH Transportation Engineering Synchro 6 Report Page 1 , .. .,..' '-f ( .: . J C::, 5* HCM Unsignalized Intersection Capacity Analysis 6: Randy Street & Willow Street 1/412006 ~ -.. +- "- '. ./ Movement' EBl EBT' WBT WBR saL SBR Lane Configurations 4 1+ V Sign Control Free Free Stop Grade 0% 0% 0% Volume (vehlh) 3 6 2 11 22 8 Peak Hour Factor 0.62 0.62 0.62 0.62 0.62 0,62 Hourly flow rate (vph) 5 10 3 18 35 13 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Meolan type None Median storage veh) Upstream signal (ft) pX, platoon unblocked ve, conflicting volume 21 31 12 vC 1. stage 1 conf vol VC2, stage 2 conf vol vCu, unblocked vol 21 31 12 tCt single (8) 4.1 6.4 6.2 te, 2 stage (s) tF (8) 2.2 3.5 3.3 pO queue free % 100 96 99 eM capacity (vehlh) 1595 979 1068 Directtont lane # EBtWBt SB1 Volume Total 15 21 48 Volume Left 5 0 35 Volume Right 0 18 13 cSH 1595 1700 1002 Volume to Capacity 0.00 0.Q1 0.05 Queue Length 95th (ft) 0 0 4 Control Delay (s) 2.4 0.0 8.8 Lane LOS A A Approach Delay (s) 2.4 0.0 8.8 Approach LOS A InteJsectlon'Summary Average Delay 5.5 Intersection Capacity Utilization 13.3% leu Level of Service A Analysis Period (min) 15 Helman Springs Homes AM Existing Yr 2005 JRH Transportation Engineering Synchro 6 Report Page 1 *?:: I~G:, HCM Unsignalized Intersection Capacity Analysis 3: Randy Street & Laurel Street 1/512006 ~ -to . -r -+- " " t ;- ',. + -.' Movement E8l . EBT EBR . ~l, WBT WaR' NBL NeT NBR Set SBT "SBR lane Configurations .. ~ ~ . Sign Control Stop Stop Stop Stop Volume (vph) 0 10 17 40 4 3 8 26 102 9 49 0 Peak Hour Factor 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 Hour1y flow rate (vph) 0 16 27 63 6 5 13 41 162 14 78 0 Oirection, Lane # EB l' W81 Ne1 SB1 Volume Total (vph) 43 75 216 92 Volume Left (vph) 0 63 13 14 Volume Right (vph) 27 5 162 0 Hadj (5) -0.34 0.17 -0.40 0.07 Departure Headway (s) 4.3 4.8 3.9 4.5 Degree UtiIIzatlon. x 0.05 0.10 0.23 0.11 Capacity (vehlh) 764 699 893 767 Control Delay (s) 7.5. 8.3 8.1 8.0 Approach Delay (s) 7.5 8.3 8.1 8.0 Approach LOS A A A A lllter$E!clloil Summa.-y' Delay 8.0 HeM level of Service A Intersection capacity Utilization 24.9% leu Level of Service A Analysis Period (min) 15 Helman Springs Homes AM Existing Yr 2005 JRH Transportation Engineering Sync:hro 6 Report Page 1 Q07 /. 7 1(,;,"1 HCM Unsignalized Intersection Capacity Analysis 8: Otis Street & Laurel Street 1/4/2006 ",. 't ~ t ~ ~ Movement EBl EBR NBl NeT . SBT SM Lane Configurations V 4' ,. Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehlh) 1 8 4 75 49 3 Peak Hour Factor 0.84 0.84 0.84 0.84 0.84 0.84 Hourly flow rate (vph) 1 10 5 89 58 4 Pedestrians Lane Width (ft) Walking Speed (ftfs) Pe~t Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 159 60 62 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 159 60 62 te, single (s) 6.4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 pO queue free % 100 99 100 cMcapaclty (vehIh) 830 1005 1541 Direction, una, 'II EB1' NB~ S81 Volume Total 11 94 62 Volume Left 1 5 0 Volume Right 10 0 4 cSH 982 1541 1700 Volume to Capacity . 0.01 0.00 0.04 Queue length 95th (ft) 1 0 0 Control Delay (s) 8.7 0.4 0.0 Lane LOS A A Approach Delay (s) 8.7 0.4 0.0 Approach LOS A Intersection Summary Average Delay 0.8 Intersection Capacity Utilization 17.2% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes PM Existing Yr 2005 JRH Transportation Engineering Synchro 6 Report Page 1 1c ,; /~<? HCM Unsignalized Intersection Capacity Analysis 12: Otis Street & Drager Street 1/4/2006 ... . ~ +- ~ ,. MOvement EaT EBR WBt WBT NBL .NBR Lane Configurations t. 4 V Sign Control Free Free stop Grade 0% 0% 0% Volume (vehlh) 4 0 2 6 1 4 Peak Hour Factor 0.71 0.71 0.71 0.71 0.71 0.71 Hourly flow rate (vph) .6 0 3 8 1 6 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX. platoon unblocked vC. conflicting volume 6 20 6 vC1, stage 1 conf vol vC2, stage 2.conf vol vCu, unblocked vol 6 20 6 tC. single (6) 4.1 6.4 6.2 te, 2 stage (s) tF (s) 2.2 3.5 3.3 pO queue free % 100 100 99 eM capacity (vehlh) 1615 996 1077 DirectIon; Lane # . l:B1 WBf NB 1: Volume Total 6 11 7 Volume Left 0 3 1 Volume Right 0 0 6 cSH 1700 1615 1060 Volume to Capacity 0.00 0.00 0.01 Queue Length 95th (ft) 0 0 1 Control Delay (s) 0.0 1.8 8.4 Lane LOS A A Approach Delay (6) 0.0 1.8 8.4 Approach LOS A I~Summary Average Delay 3.3 Intersection Capacity Utilization 13.3% leu Level of Service A Analysis Period (mln) 15 Helman Springs Homes PM Existing Yr 2005 JRH Transportation Engineering Synctlro 6 Report Page 1 .J pot'i PI l .I I" 7 HCM Unsignalized Intersection Capacity Analysis 6: Randy Street & Willow Street Movement Lane Configurations Sign Control Grade Volume (vehlh) Peak Hour Factor Hourly flow rate (vph) Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type Median storage veh) Upstream signal (ft) pX. platoon unblocked ve, conflicting volume vC1, stage 1 conf vol vC2, stage 2 conf vol veu, unblocked vol tC, single (8) tC, 2 stage (8) tF (s) pO queue free % eM capacity (vehIh) Olrectlori Lane #t- . . Volume Total Volume Left Volume Right cSH Volume to Capacity Queue Length 95th (ft) Control Delay (8) Lane LOS Approach Delay (8) Approach LOS IntersectIQn: Summary: Average Delay Intersection Capacity Utilization Analysis Period (min) .,} ESL 7 0.71 10 2.2 99 1583 EB1 10 10 o 1583 0.01 o 7.3 A 7.3 1/412006 ..... .- ..... \. ~ EST WBT . WBR SBL 4 tt V Free Free Stop 0% 0% 0% 0 4 17 10 0.71 0.71 0.71 0.71 0 6 24 14 SBR 1 0.71 1 None 30 37 18 37 18 6.4 6.2 3.5 3.3 99 100 969 1061 30 4.1 'WB1 "S81' 30 15 o 14 24 1 1700 977 0.02 0.02 o 1 0.0 8.7 A 0.0 8.7 A 3.8 15.8% 15 ICU Level of ServIce A Helman Springs Homes PM Existing Yr 2005 JRH Transportation Engineering Synchro 6 Report Page 1 ~;I"'" . f . ~ ) 'ltJ HCM Unsignalized Intersection Capacity Analysis 3: Randy Street & Laurel Street 1/512006 ..J- .... " .r .... ""- "\ t ~ '. + .,; Movement EBL EBT .EBR WElL weT WBR NBL NST NBR SBL saT SBR Lane Configurations . . 4- .t+ Sign Control Stop Stop Stop Stop Volume (vph) 0 0 19 4 3 1 22 49 4 1 26 1 Peak Hour Factor 0,90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Hourly flow rate (vph) 0 0 21 4 3 1 24 54 4 1 29 1 Direction, Lane" ElH WB1 NB1 S91 Volume Total (vph) 21 9 83 31 Volume Left (vph) 0 4 24 1 Volume Right (vph) 21 1 4 1 Hadj (8) -0.57 0.06 0.06 0.02 Departure Headway (s) 3.6 4.2 4.0 4.1 Degree Utilization; x 0.02 0.01 0.09 0.04 Capacity (vehlh) 967 825 870 873 Control Delay (5) 6.7 7.3 7.5 7.2 Approach Delay (s) 6.7 7.3 7.5 7.2 Approach LOS A A A A Int&r$ectiOn Summary- Delay 7.3 HCM Level of Service A Intersection Capacity Utilization 21.2% ICU level of ServIce A Analysis Period (min) 15 Helman Springs Homes PM Existing Yr 2005 JRH Transportation Engineering Synchro 6 Report Page 1 "-lli /11 + jRH TRANSPORTATION ENGINEERING APPENDIX V YEAR 2006 NO BUILD SYNCHRO OUTPUT ,/ / ~ ~-f' I ro" ) "'1 ~, HCM Unsignalized Intersection Capacity Analysis 8: Otis Street & Laurel Street 1/4/2006 .". " ~ t ~ .tI Movement EBL eaR NBL-- NBT SBT SBR Lane Configurations V .t t. Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehlh) 3 10 2 135 105 2 Peak Hour Factor 0.69 0.69 0.69 0.69 0.69 0.69 Hourly flow rate (vph) 4 14 3 196 152 3 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream slglial (ft) pX, platoon unblocked vC, conflicting volume 355 154 155 vC1, stage 1 confvol vC2, stage 2 conf vol vCu, unblocked vol 355 154 155 tC. single ($) 6.4 6.2 4.1 tC. 2 stage (s) tF (s) 3.5 3.3 2.2 pO queue free % 99 98 100 eM capacity (vehlh) 642 892 1425 Direction. Lane:"- EB1 .NB1 S8.1 Volume Total 19 199 155 Volume Left 4 3 0 VOlume Right 14 0 3 cSH 819 1425 1700 Volume to Capacity 0.02 0.00 0.09 Queue Length 95th (ft) 2 0 0 Control Delay (8) 9.5 0.1 0.0 Lane LOS A A Approach Delay (s) 9.5 0.1 O~O Approach LOS A Interseqtlon.Summary Average Delay 0.5 Intersection Capacity UtIlization 18.7% leu Level of Service A Analysis Period (min) 15 Helman Springs Homes AM No Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 1-1 ,I ~- / 7.~ HeM Unsignalized Intersection Capacity Analysis 12: Otis Street & Drager Street 1/4/2006 ..... ~ (' <f- ~ ,. N10vemenf EBT EBR WBl WBt NBL NBR Lane Configurations t. .t V Sign Control Free Free Stop Grade 0% 0% 0% Volume (vehlh) 11 0 2 2 1 2 Peak Hour Factor 0.77 0.77 0.77 0.77 0.77 0.77 Hourty flow rate (vph) 14 0 3 3 1 3 Pedestrians Lane Width (ft) Walking Speed (ftle) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 14 22 14 vC1, stage 1 conf vol vC2, stage 2 com vol vCu, unblocked vol 14 22 14 te, single (5) 4.1 6.4 6.2 te. 2 stage (8) tF (5) 2.2 3.5 3.3 pO queue free % 100 100 100 eM capactty (vehlh) 1604 993 1066 DIclictiOn; Lane" ESt. W81 He1 Volume Total 14 5 4 Volume Left 0 3 1 Volume Right 0 0 3 cSH 1700 1604 1040 Volume to Capacity 0.01 0.00 0.00 Queue length 95th (ft) 0 0 0 Control Delay (s) 0.0 3.6 8.5 lane LOS A A Approach Delay (s) 0.0 3,6 8.5 Approach LOS A InterseCtion $Jmmary Average Delay 2.2 Intersection Capacity Utilization 13.3% ICU Level of Service A Analysis Period (mln) 15 Helman Springs Homes AM No Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 , J -, I ;..; 17'-1- HCM Unsignalized Intersection Capacity Analysis 6: Randy Street & Willow Street 1/412006 ~ -+ ..- " '.. ~ MoVement EBL EBT WBT WBR SBL SB~ Lane Configurations 4 1+ V Sign Control Free Free Stop Grade 0% 0% 0% Volume (vehIh) 3 6 2 11 22 8 Peak Hour Factor 0.62 0.62 0.62 0.62 0.62 0.62 Hourty flow rate (vph) 5 10 3 18 35 13 Pedestrians Lane Width (ft) Walking Speed (ftls) PerCent BlOCkage Right tum flare (veh) Median type None Median storage veh) Upstream signal (ft) pX. platoon unblocked vC., conftlcting volume 21 31 12 vC1. stage 1 conf vol vC2. stage 2 conf vol vCu, unblocked vol 21 31 12 tC, single (8) 4.1 6.4 6.2 te, 2 stage (8) tF (s) 2.2 3.5 3.3 pO queue free % 100 96 99 eM capacity (vehlh) 1595 979 1068 DiI:ectioq'\ lane. EB1 we 1 ' . SB'1 Volume Total 15 21 4S Volume Left 5 0 35 Volume Right 0 18 13 eSH 1595 1700 1002 Volume to Capadty 0.00 0.01 0.05 Queue Length 95th (ft) 0 0 4 Control Delay (8) 2.4 0.0 8.8 Lane LOS A A Approach Delay (s) 2.4 0.0 8.8 Approach LOS A Intersection Summowy Average Delay 5.5 Intersection Capacity UtiIlzatIon 13.3% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes AM No Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 I . ,.... ~I.:" 17~ HCM Unsignalized Intersection Capacity Analysis 3: Randy Street & Laurel Street 1/512006 ~ ..... ~ . +- " '\ t ~ '. + .tt/ Moveinent EBL EBT EaR WBl WBT WBR NeL t.tBT NBR 'SBL saT .. $BR Lane Configurations .. 4+ 4+ 4+ Sign Control Stop Stop Stop Stop Volume (vph) 0 10 17 40 4 3 8 26 103 9 49 0 Peak Hour Factor 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.6~ Hourly flow rate (vph) 0 16 27 63 6 5 13 41 163 14 78 0 DirectIon, Lri., E8t WB1 N8.1' S81. Volume Total (vph) 43 75 217 92 Volume Left (vph) 0 63 13 14 Volume Right (vph) 27 5 163 0 Hadj (s) -0.34 0.17 -0.41 0.07 Departure Headway (s) 4.3 4.8 3.9 4.5 Degree Utilization, x 0.05 0.10 0.23 0.11 Capacity (vehlh) 763 699 894 767 Control Delay (5) 7~5 8.3 8.1 8.0 Approach Delay (8) 7.5 8.3 8.1 8.0 Approach LOS A A A A Int8r8ectionSUmmary Delay 8.0 HCM Level of Service A Intersection Capacity Utilization 25.0% leu level of Servlce A Analysis Period (min) 15 Helman Springs Homes AM No Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 ~' ....,., 0 . I il, HCM Unsignalized Intersection Capacity Analysis 8: Otis Street & Laurel Street 1/412006 .,J- ~ "- t + ~ Movement . EBL t:BR. NeL' NBT SBT SBR lane Configurations V 4' 'Pt Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehlh) 1 8 4 76 49 3 Peak Hour Factor 0.84 0.84 0.84 0.84 0.64 0.84 Hourly flow rate (vph) 1 10 5 90 58 4 Pedestrians Lane Width (ft) Walking Speed (ftIs) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX,phHoonunb~ked Ve, conflicting volume 160 60 62 VC 1, stage 1 conf vol VC2. stage 2 cont vol VCu, unblocked vol 160 60 62 te. single (s) 6.4 6.2 4.1 te, 2 stage (s) tF (s) 3.5 3.3 2.2 pO queue free % 100 99 100 eM capacity (vehlh) 828 1005 1541 Oirectli.m, Lane" EB1 NBt, 881 Volume Total 11 95 62 Volume Left 1 5 0 Volume Right 10 0 4 cSH 982 1541 1700 Volume to Capacity 0.01 0.00 0.04 Queue Length 95th (ft) 1 0 0 Control Delay (8) 8.7 0.4 0.0 Lane LOS A A Approach Delay (s) 8.7 0.4 0.0 Approach LOS A IRtersectlon Si.m!mary Average 0eIay 0.8 IntersectiOn Capacity Utilization 17.3% ICU level of Service A Analysis Period (mln) 15 Helman Springs Homes PM No Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 ) 4 1-'1 /77 HeM Unsignalized Intersection Capacity Analysis 12: Otis Street & Drager Street 1/412006 ... .. ~ ...... "\ ,. Moveinent . EST .EBR WBL WBT NBL NBR Lane Configurations t+ +1' V Sign Control Free Free Stop Grade 0% 0% 0% Volume (vehlh) 4 0 2 6 1 4 Peak Hour Factor 0.71 0.71 0.71 0.71 0.71 0.71 Hourty flow rate (vph) 6 0 3 8 1 6 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right tum flare (veh) Meclian type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vCt confticting volume 6 20 6 vC1, stage 1 conf vol vC2, stage 2 cont vol vCu. unblocked vol 6 20 6 IC, single (5) 4.1 6.4 6.2 IC. 2 stage (5) tF (s) 2.2 3.5 3.3 pO queue free % 100 100 99 cMcapacity .(VehJh) 1615 996 1077 DinK:tion, lane" EB1' WB,1 ...NO.1 Volume Total 6 11 7 Volume Left 0 3 1 Volume Right 0 0 6 cSH 1700 1615 1060 Volume to Capacity 0.00 0.00 0.01 Queue Length 95th (ft) 0 0 1 Control Delay ($) 0.0 1.8 8.4 Lane LOS A A Approach Delay (8) 0.0 1.8 8.4 Approach LOS A Interisectiori sUmmary Average Delay 3.3 Intersection Capacity Utiltzation 13.3% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes PM No Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 41/ J I~ HCM Unsignalized Intersection Capacity Analysis 6: Randy Street & Willow Street 1/4/2006 ~ -+ .... -\.. \. '" Movement EBl EaT WBT WBR SBL SBR Lane Configurations 4 t. V Sign Control Free Free Stop Grade 0% 0% 0% Volume (vehlh) 7 0 4 17 10 1 Peak Hour Factor 0.71 0.71 0.71 0.71 0.71 0.71 Hourly flow rate (vph) 10 0 6 24 14 1 Pedestrians Lane Width (ft) Walking Speed (ftIs) Percent Blockage Right turn flare (veh) Median type None Median storage veh} Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 30 37 18 vC1, stage 1 confvol vC2. stage 2 conf vol \lCU, unblocked vol 30 37 18 tCt single (5) 4.1 6.4 6.2 te, 2 stage (5) tF (5) 2.2 3.5 3.3 pO queue free % 99 99 100 eM capacity (vehIh) 1583 969 1061 DfrectiOn.Lane# ea1 WB1 SB1 Volume Total 10 30 15 Volume Left 10 0 14 Volume Right 0 24 1 cSH 1583 1700 977 Volume to Capacity 0.01 0.02 0.02 Queue Length 95th (ft) 0 0 1 Control Delay (8) 7.3 0.0 8.7 Lane LOS A A Approach Delay (s) 7.3 0.0 8.7 Approach LOS A Ilrtersection Suminaiy Average Delay 3.8 Intersection Capacity Utilization 15.8% ICU Level of Service A Analysis Period (mln) 15 Helman Splings Homes PM No Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 , / i (/ H. . /7'1 HCM Unsignalized Intersection Capacity Analysis 3: Randy Street & Laurel Street 1/512006 ",. -+ ,. (" ...... " ~ t ~ '. + .I Movement EBL err EBR 'wBL' WBT waR 'NBL, NST" NBR" seL SBT SBR Lane Configurations . .. . .. Sign Control Stop Stop Stop Stop Volume (vph) 0 0 19 4 3 1 22 49 4 1 26 1 Peak Hour Factor 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Hourly flow rate (vph) 0 0 21 4 3 1 24 54 4 1 29 1 D~n. ,Lane t' .: 1:B 1 WBt NB1 '.8B1 Volume Total (vph) 21 9 83 31 Volume Left (vph) 0 4 24 1 Volume Right (vph) 21 1 4 1 Hadj (s) ..0.57 0.06 0.06 0.02 Departure Headway (s) 3.6 4.2 4.0 4.1 Degree Util'lzation, x 0.02 0.01 0.09 0.04 Capacity (vehlh) 967 825 870 873 Control Delay (s) 6.7 7.3 7.5 7.2 Approach Delay (s) 6.7 7.3 7.5 7.2 Approach LOS A A A A Inter8ectiori Summary Delay 7.3 HCM Level of Service A Intersection Capacity UtlIizatIon 21.2% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes PM No Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 . , ~~,; ,J' (;-0. t. I&'c + JRH TRANSPORTATJON ENGINEERING APPENDIX VI YEAR 2006 BUILD SYNCHRO OUTPUT ~~ /~I HeM Unsignalized Intersection Capacity Analysis 12: Otis Street & Drager Street 11412006 ~ ... . .- +- '- ~ t ~ \e. ~ ~ Movement EBL . EaT EBR WBL WBT waR NBl NBT NBR SBl SBT SBR Lane Configurations . . . 4+ Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (vehJh) 0 11 0 2 2 1 1 0 2 4 0 0 Peak Hour Factor 0.77 0.77 0.77 0.77 o.n 0.77 0.77 0.77 0.77 0.77 0.77 0.77 Hourly flow rate (vph) 0 14 0 3 3 1 1 0 3 5 0 0 Pedestrians Lane Width (ft) Walking Speed (fils) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 4 14 23 23 14 25 23 3 vC 1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 4 14 23 23 14 25 23 3 tC, single (8) 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 tC. 2 stage (5) tF (5) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 pO queue free % 100 100 100 100 100 99 100 100 eM capacity (vehlh) 1618 1604 988 869 1066 982 869 1081 Direction~ lane it, ESt WB1. NS1 SB'1, Volume Total 14 6 4 5 Volume Left 0 3 1 5 Volume Right 0 1 3 0 cSH 1618 1604 1038 982 Volume to CapaCity 0.00 . 0.00 0.00 0.01 Queue Length 95th (ft) 0 0 0 0 COntrol Delay (s) 0.0 2.9 8.5 8.7 Lane LOS A A A Approach Delay (s) 0.0 2.9 8.5 8.7 Approach LOS A A InterSectlonSUJnn'larY Average Delay 3.2 Intersection Capacity Utilization 13.3% ICU level of Service A Analysis Period (min) 15 Helman Springs Homes AM Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 j" j /} ,,'") (' ..-,-.. I ~:4 , HCM Unslgnalized Intersection Capacity Analysis 8: Otis Street & Laurel Street 1/412006 Movement lane Configurations Sign Control Grade Volume (vehlh) Peak Hour Factor Hourly flow rate (vph) Pedestrians lane Width (ft) Walking Speed (ftIs) Percent Blockage Right turn flare (veh) Median type Median storage veh) Upstream signal (ft) pX. platoon unblocked vC, conflicting. volume 363 vC 1, stage 1 cont vol vC2. stage 2 coof vol vCu. unblocked vol tC. single (s) tC, 2 stage (s) tF (5) pO queue free % eM capacity (veM1) Direction, Lane #; Volume Total Volume Left Volume Right cSH Volume to Capacity Queue length 95th (ft) Control Delay (s) lane LOS Approach Delay (5) Approac~ LOS 1ntec'Section. Summary Average Delay Intersection Capacity Utlllzation Analysis Period (mln) ~ . EBR EBl. V Stop 0% 4 0.69 6 13 0.69 19 ~ t + NBL' NBT SBT 4 t. Free Free 0% 0% 3 135 108 0.69 0.69 0.69 4 196 157 159 161 .' SBR 3 0.69 4 0.7 19.5% 15 ICU Level of Service A . Helman Springs Homes AM Build Yr 2006 JRH Transportation Engineering None 363 6.4 3.5 3.3 99 98 634 887 EB'1 ..NB 1 25 200 6 4 19 0 811 1418 0.03 0.00 2 0 9.6 0.2 A A 9.6 02 A 159 6.2 161 4.1 2.2 100 1418 SB1 161 o 4 1700 0.09 o 0.0 0.0 Synchro 6 Report Page 1 ~."^. . ..... .' /g; HCM Unsignalized Intersection Capacity Analysis 3: Randy Street & Laurel Street 1/5/2006 ~ -.. . ~ +- "- ~ t ~ \. + ./ MoV~ment . EBl err EBR 'WBl WST WBR NBl NBT NBR saL. SaT SB~ lane Configurations 4t 4t 4t 4t Sign Control Stop Stop Stop Stop Volume (vph) 0 12 20 40 5 3 S 26 103 9 50 0 Peak Hour Factor 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 0.63 Hourly flow rate (vph) 0 19 32 63 8 5 13 41 163 14 79 0 DireCtIon. lane # EB1 WB1 NB 1 SB1 Volume Total (vph) 51 76 217 94 Volume Left (vph) 0 63 13 14 Volume Right (vph) 32 5 163 0 Hadj (s) -0.34 0.16 ..0.41 0.06 Departure Headway (5) 4.3 4.8 3.9 4.5 Oegr$e utlliz8tJon. x 0.06 0.10 0.24 0.12 Capacity (veh/h) 761 696 886 761 Control Delay (5) 7.6 8.3 8.1 8.1 Approach Delay (s) 7.6 8.3 8.1 8.1 Approach LOS A A A A Intersection Summary . Delay 8.1 HeM Level of Service A Intersection Capacity Utilization 25.1% leu Level of Service A Analysis Period {mln} 15 Helman Springs Homes AM Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 .. I ~ I g'l HCM Unsignalized Intersection Capacity Analysis 6: Randy Street & Willow Street 1/4/2006 ",J> -+ +- "'- \. .; Movement EBL EST WBT WBR SBt. . SBR lane Configurations 4 ,. V Sign Control Free Free Stop Grade 0% 0% 0% Volume (vehlh) 5 11 3 11 22 10 Peak Hour Factor 0.62 0.62 0.62 0.62 0.62 0.62 Hourly flow rate (vph) 8 18 5 18 35 16 Pedestrians lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX. platoon unblocked ve. conflicting volume 23 48 14 vC1 I stage 1 cont vol vC2, stage 2 conf vol vCu, unblocked vol 23 48 14 te, single (s) 4.1 6.4 6.2 te, 2 stage (5) tF (s) 2.2 3.5 3.3 pO queue free % 99 96 98 eM capaCity (vehlh) 1593 957 1066 ~. Lane, EB1" WBt SBJ Volume Total 26 23 52 Volume Left 8 0 35 Volume Right 0 18 16 cSH 1593 1700 989 Volume to Capacity 0.01 0.01 0.05 Queue length 95th (ft) 0 0 4 Control Delay (s) 2.3 0.0 8.8 Lane LOS A A Approach Delay(s) 2.3 0.0 8.8 Approach LOS A Intersection,SummatY Average Delay 5.2 Intersedlon Capacity Utilization 15.0% leu Level of Service A Analysis Period (mln) 15 Helman Springs Homes AM Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 ~' /'65 HCM Unsignalized Intersection Capacity Analysis 10: Randy Street & Drager Street 1/412006 -+ . ~ +- ~ I" Movement EST eaR WBl WBT NBL MBR.. Lane Configurations 1- 4 V Sign Control Free Free Stop Grade 0% 0% 0% Volume (vehlh) 9 0 3 10 0 7 Peak Hour Factor 0.78 0.78 0.78 0.78 0.78 0.78 Hourly ~ rate (vph) 12 0 4 13 0 9 Pedestrians lane Width (ft) Walking Speed (ftls) Percent Blockage Right tum flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 12 32 12 vC 1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 12 32 12 tC. single (s) 4.1 6.4 6.2 te. 2 stage (s) tF (s) 2.2 3.5 3.3 pO queue free % 100 100 99 eM capacity (veh/h) 1607 979 1069 Directlon; Lane 1# E81 WB1.. NB1 Volume Total 12 17 9 Volume Left 0 4 0 Volume Right 0 0 9 cSH 1700 1607 1069 Volume to Capacity 0.01 0.00 0.01 Queue Length 95th (ft) 0 0 1 Control Delay (s) 0.0 1.7 8.4 Lane LOS A A Approach Delay(s) 0.0 1.7 8.4 Approach LOS A interse<:tian Summary Average Delay 2.8 Intersection Capacity Utilization 13.3% ICU Level of Service A Analysis Period (mln) 15 Helman Springs Homes AM Build Yr 2006 JRH Transportation Engineering Svnchro 6 Report Page 1 ~ 1~6 HeM Unsignalized Intersection Capacity Analysis 12: Otis Street & Drager Street 1/412006 "J- -+ ~ -t'" .... "- ~ t ~ \. + .I MOVement EeL eBT EBR WBl WBT WBR NBL N8t HBR 'SBL SBT SaR Lane Configurations 4- 4t 4t 4t Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (vehlh) 2 4 0 2 6 6 1 0 4 5 0 0 Peak Hour Factor 0.71 0.71 0.71 0.71 0.71 0.71 0.71 0.71 0.71 0.71 0.71 0.71 Hourly flow rate (vph) 3 6 0 3 8 8 1 0 6 7 0 0 Pedestrians lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked VCr conflicting volume 17 6 30 34 6 35 30 13 vC1, stage 1 cont vol vC2, stage 2 eont vol vCu, unblocked vol 17 6 30 34 6 35 30 13 tC, single (s) 4.1 4.1 7.1 6.5 6.2 7.1 6.5 6.2 tC, 2 stage (s) tF (s) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 pO queue free % 100 100 100 100 99 99 100 100 eM capacity (vehlh) 1600 1615 977 856 1077 963 860 1068 Di'ec(ion; 'Lane-. ' 1:&1 WB'i' NB1 " ,581- Volume Total 8 20 7 7 Volume Left 3 3 1 7 Volume Right 0 8 6 0 cSH 1600 1615 1056 963 Volume to Capacity 0.00 0.00 0.01 0.01 Queue Length 95th (ft) 0 0 1 1 Control Delay (s) 2.4 1.0 8.4 8.8 Lane LOS A A A A Approach Delay (s) 2.4 1.0 8.4 8.8 Approach LOS A A Inter.section'Summary Average Delay 3.8 Intersection Capacity Utilization 13.3% ICU Level of Service A Analysis Period (mln) 15 Helman Springs Homes PM Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 ~. 1~"J7 HCM Unsignalized Intersection Capacity Analysis 8: Otis Street & Laurel Street 1/412006 ,.,. .. ~ t + ,.I Movement ESL EBR NBL NeT SlIT 'SBR. : Lane Configurations V ~ ft Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehlh) 1 13 9 79 49 4 Peak Hour Factor 0.84 0.84 0.84 0.84 0.84 0.84 Hourly flow rate (vph) 1 15 11 94 58 5 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC. conflicting volume 176 61 63 vC1, stage 1 confvol vC2. stage 2 cont vol vCu. unblocked vol 176 61 63 te. single (8) 6.4 6.2 4.1 tC, 2 stage (s) tF(s) 3.5 3.3 2.2 pO queue free % 100 98 99 eM capacity (vehIh) 808 1005 1540 DkectlOh. t,ane:, ESt NB1 SB 1. Volume Total 17 105 63 Volume Left 1 11 0 Volume Right 15 0 5 cSH 987 1540 1700 Volume to Capacity 0.02 0.01 0.04 Queue Length 95th (ft) 1 1 0 Control Delay ($) 8.7 0.8 0.0 lane LOS A A Approach Delay (s) 8:.7 0.8 0.0 Approach LOS A IntersectlOriSummary Average Delay 1.2 Intersection Capaclty Utilization 21.3% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes PM Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page .1 ~ I .~. / ~Y' HCM Unsignalized Intersection Capacity Analysis 3: Randy Street & Laurel Street 1/512006 j- -+ . . .... , "" t ". \. ~ ./ Movement' , " ESl .. EST EBR --W8L 'WBT waA NeL NBT NBR ' SBl sel' SBR lane Configurations . 4t . .;. Sign Control Stop Stop Stop Stop Volume (vph) 0 0 19 4 4 1 25 49 4 1 27 1 Peak Hour Factor 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Hourly flow rate (vph) 0 0 21 4 4 1 28 54 4 1 30 1 Direclion; lane .,. - EB 1- WB1, NB1 SB1 Volume Total (vph) 21 10 87 32 Volume Left (vph) 0 4 28 1 Volume Right (vph) 21 1 4 1 Hadj (s) -0.57 0.06 0.07 0.02 Departure Headway (s) 3.6 4.2 4.1 4.1 Degree Utilization. x 0.02 0.01 0.10 0.04 Capacity (veh/h) 963 823 868 871 Control Delay (s) 6.7 7.3 7.5 7.2 Approach Delay (s) 6.7 7.3 7.5 _ 7.2 Approach LOS A A A A Intersectlon$uti:unarY _ Delay 7.3 HCM level of Service A Intersection Capadty UtIlization 21.4% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes PM Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page' *r 18~ HCM Unsignalized Intersection Capacity Analysis 6: Randy Street & Willow Street 1/412006 .,J- -+ 4- "- '. ,.I Movement EBL EST WBT . WBR SBL SBR Lane Configurations 4f ,. Y Slg" Control Free Free Stop Grade 0% 0% 0% Volume (vehlh) 9 0 8 17 10 2 Peak Hour Factor 0.71 0.71 0.71 0.71 0.71 0.71 Hourty flow rate (vph) 13 0 11 24 14 3 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right tum flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC. conflicting volume 35 49 23 vC 1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 35 49 23 te, single (5) 4.1 6.4 6.2 tC, 2 stage (s) tF (5) 2.2 3.5 3.3 pO queue free % 99 99 100 eM capacity (vehIh) 1576 953 1053 DtectiOn, l..ane t EB1 WB1 sa 1 Volume Total 13 35 17 Volume Left 13 0 14 Volume Right 0 24 3 cSH 1576 1700 968 Volume to Capacity 0.01 0.02 0.02 Queue Length 95th (ft) 1 0 1 Control Delay (s) 7.3 0.0 8.8 Lane LOS A A Approadl Delay (s) 7.3 0.0 8.8 Approach LOS A interseCtion SUmmary Average Delay 3.7 Intersection Capacity Utilization 17.2% ICU Level of Service A Analysis Period (min) 15 Helman Springs Homes PM Build Yr 2006 . JRH Transportation Engineering Synehro 6 Report Page 1 ~~s 1'1(1 HeM Unsignalized Intersection Capacity Analysis 10: Randy Street & Drager Street 1/412006 ..... " .(' ..- "" ~ Movement ,EST EaR WBL WBT NBl ,"NBR Lane Configurations t. 4 V Sign Control Free Free Stop , Grade 0% 0% 0% Volume (vehlh) 7 0 5 5 0 2 Peak Hour Factor 0.78 0.78 0.78 0.78 0.78 0.78 Hourly flow rate (vph) 9 0 6 6 0 3 Pedestrians lane Width (ft) Walking Speed (ftls) Percent Blockage Right tum flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 9 28 9 vC1. stage 1 conf vol vC2, stage 2 conf vol VCu. unblocked vol 9 28 9 tc, single (5) 4.1 6.4 6.2 tC, 2 stage (5) tF (s) 2.2 3.5 3.3 pO queue free % 100 100 100 eM capacity (vehlh) 1611 983 1073 DirectiOn,Lane # ,EB1 WB1 NB'1 Volume Total 9 13 3 Volume Left 0 6 0 Volume Right 0 0 3 cSH 1700 1611 1073 Volume to Capacity 0.01 0.00 0.00 Queue Length 95th (ft) 0 0 0 Control Delay ($) 0.0 3.6 8.4 lane LOS A A Approach Delay (s) 0.0 3.6 8.4 Approach LOS A Irlter:8ectiorlS~ Average Delay 2.8 Intersection Capacity Utilization 14.7% ICU Level of Service A Analysis Period (mln) 15 Helman Springs Homes PM Build Yr 2006 JRH Transportation Engineering Synchro 6 Report Page 1 ~~ r;:--; , I '"J I , + JRH TRANSPORTATION ENGINEERING 1 APPENDIX VII ATR INFORMATION ,/;J. ~ ~ " ..-"-;""" 19~ ] Rec:ordar: Inetalle,h '"'" Ioa<:aUon: OR n IU' 15. n, ROGVB VALLBY KIGHWlI.Y. KO. 63 1.4 mil.. .o~th ot Talent TNoIN'r, 15 - 014 Sept_... :US? _Perc:ent_of_NJT HI$TORIClU. TRAFFIC DATA Average Kts'l'ClllCAl.. l\AIn' BY Yl!:I\Jl. Da.l.ly l\Iax Max 10TH 20Tl! 10Tll 10000 ,- _._- Year Tra.fUe Day Hour Hour Hour Hour 8000 L 1995 an3 124 10.6 10.2 10.'1 10.0 U96 8122 U6 10."/ 10.2 10.1 LO.O ! U9"/ 90Sa U4 10.4 10.1 LO.O 9.9 6000 ,.- U98 919S 1Z2 10.S 10.1 10.0 10.0 ! 1999 9510 124 10."/ 10.1 '10.0 '.' 4.000 . 2000 9462 123 10."1 10.2 10.0 '10.0 2001 9418 .... ..... ..... ..... 2000 200;1 9447 131 14.0 11.4 10.7 10.5 2003 9661 115 13.1 10.8 10.3 10.1 96 97 98 00 2004 9)6<" 140 14.2 10.' 1.0.2 LO.O 99 0'1 02 03 04 January I'eblNary March llprU May J\me July AIIgtl8t s.pt.mber OCtoc.r NoV1lmber December Average Week4ay Traffic: 9379 '770 9920 10290 10135 10533 10:/81 LUn 10174 10253 9600 9850 Pe&'cent of lUl'1' 100 104 1GB no 108 112 110 10' 109 109 103 105 Average DIlUy Traffic 8703 914' 9137 "73 9&lO 9910 961"1 9524 957S 9554 9000 8"100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2004 TIlAFf'IC nATA Perc:ent of Artr 93 98 100 103 103 10& 103 lD2 102 102 9' 93 Percent _C1a81lif.i.c:aUon areakdc>wn ot l\DT Pa8s6nger Can... ..............,...... '0.1 other 2 axle 4 tire vehicl............ 2'.2 Single llnit 2 axle & t.ir............... 1.4 SJ.ngle Unit 3 axle.................... 0.) &Lngle Onit 4 lIXle or caor.... . .. .. .... . 0.0 Single Tr:ailer '1"I'uck " axle or "1888... 0.2 Single Trail..r Truc:k 5 .xle........... 0.1 Single Trailer Truck & axle or ~... 0.0 Obl-Trailer Truck 5 axle or le88...... 0.0 Obl-Trailer Truck 6 axle.............. 0.0 Dbl-Trailer 't'ruck 7 axle or GlOre..".." 0.0 Triple Trail... Truck............ ...... 0.0 Buses. . . '" . . . .. . . . .. . . . . . .. . . . .. " . . .. 0.1 Mot.orcycle. . Scoot.rs................ 0.3 t.acaUon: Ol!. 62 MP 0.&6, CRA'l'llIt LiU\E RlmlWA't. 110. 22 0.1 ~ile nor:tb..ct of a~ aaaa Overcro..ins Recoreler: InstaUed: NOR'll! MSaFORD. 15-017 July, 1995 HISTOR1CAL TlUIFnC nATA _Percent_at_AnT Ave:age Ddly Max ""-l< 10'l'll 20Tll lOTH Year Traffic OIly ~r Hour Hour Hour 199' 35525 126 10.5 10.0 '.8 9.8 1.,,, )4244 U7 10.9 10.3 10.0 9.8 1998 33140 131 10.9 10.5 10.3 10.1 1999 3091 .... .""'.* .... ..... *111." 2000 3"72 130 LO.. 10.0 9.9 9.7 2001 36400 131 10.5 10.0 '.8 9.7 2002 U003 12"1 10.1 9.7 '.\1 9.S 2003 37946 12' 1.0.2 9.4 '.3 9.2 2004 3151' ... ........ ..,..... ....... ."'.. Jamary Pebrl.l&ry Man:h -l'.prll May June July lWgust S.ptllGlber OCtol)er lIOVetnber Dece<nber AV10rqe wealuky Traffic 35991 374.U 39588 40500 39800 U100 41500 41700 3"00 40100 38600 40000 Pereent: of I\DT 93 97 103 105 103 l07 108 108 103 104 100 104 A...:rage eaUy Tuffie 35461 3'1119 31S09 39000 3$500 39700 39000 40200 38700 3.,00 l81.00 19 000 HISTORtCAL MDT BY YEAll "'DODO I LOOOO l- I o L 2004 TIlAFnc ONl'A 96 ,., 98 " 00 01 02 03 Ot Percen!; of Mrr n 96 '100 101 100 103 10'1 104 100 101 99 101 Perc:ent ClassiHcatiClD Breakdown of MTr Paiiiienge:r: ear........ . .. . . . .. .. _ .. . ... 41..9 Otber 2 axle" tire ~icle........... 52.8 single unit 2 axle' tire.......... ... 2.1 Singl. un! t 3 axle........... .. .. .. '" 0 ., single unit 4 axle or ~.... ...... ... 0.1 Single T:r:eUer Truck 4 GJds or 188.... 0.4 Single Treiler Truck 5 axle. .......... 1.2 Single T:r:aU.r Truck \I AXle Qr =ore... 0.4 Obl-Trailer Truc:k 5 axle or less... ... 0.0 Obl-Treiler ~ruck' axle.. ..... ....... 0.0 Obl-Trailer Truck 7 axle 01' more... ... 0.1 Triple Trailer TruCk..".. .... ..... .... D.O _a................................. 0.3 Motorcycles " Sl:OOte.... . . . . . " . . . . . . ... O.l 241 'i.~ ~ 193 + JRH TRANSPORTATION ENGINEERING APPENDIX VIII CllY OF ASHlAND STREET DESIGN STANDARDS .."j - ., 1'l'J City of Ashland Street. Standards Handbook .. ;;, .~ . . ., ~ . ....~ '. city of Ashland DepartmEmt of Community. Developmer;lt .- Pianning Div.ision . 20 East Main Street Ashland,\ OR 97520 . 541.488.53.05 .' . ~'5 /'/5 Wl7'HIN Ct.lR8- 1'D-CcmB NtEA TYl'e' OF STREET' ADT It.o.w. CUIt.'TO- Af070R MEDIAN .n<s "ARK. CURs I'AIlK. S/DE. Ml)71{ CUItIII IIEHICLE ANDIOR lANES ING ROW WAU<$ I'AII'BfI'NT ntAlIU C4NTliIf wwm I..ANa TUItN lA~ .n On ... 011 "'fIr 0$ ...,~ hili -.to. JIidef oiM un. u.....~ e,OOOIO .,..,1' U' 11' ...... 2,,", III" f" 't~.' '~'er' ~1Iot/Ioomd '30.000 ""'.. .' 1r '12' tell' \ "", f" T"" , ".,,., , U-.."..,.", , ADT .....nr ". 11' 12' hU' III.' f" ,.... r "'feri 2-Len1 A....... I._to ....... :I2'on' "'.fO.I' ""... I.u' In,' ." N.. ".'0:' .- oa,. ~GlJO 711.,..1 10'.1.... ht., u.....IA_. ADT f,J,,......,,. ".r flit' ." N.. '"10" 1'1'" eocII /loIp /VItI.tIlOoItt_Ca"-:. IIeoJftMJoI ,..." to #fA WA' f No I'a'*"'tI 1._ ......... a' ff' nan. r II' SO... '\ htttInt1 OlIo SIft - ADr 5O<.w B~J7' '~fO' _7' e" 7~8' 5'.c' pm'n9.... _ 17""" 3"4'" 9'.'0' _7' 0" 7'''. s~' ".,..,..",,- ~ ~ "-iIoI,.."",." OM SItMa w~ '" ftl' _r 8" 7~' "14"' , "......,,,,,-, _ $_ "'Tot' 31' ffr -.. S" 7....' 11',1#1" ~ot""'*'" OaeSifM "'07" lr 10' - 6" N.. 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MEDFORD ! 1-:; fa'it !\Iain ~tl'n:f.. ~lIih' 1(' \Iedfont. On'~nll 117;:;1/4 ~"I- 7'7b-l)%(, ) ~.: '7 /~17 RECEIVED . ; .), ~ MAY 1 1 2007 c.." '-'; ,'" :"~'1 Comit.i.i. '..1' D';;v,,:opment DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR HELMAN SPRINGS HOMES A CLASS I PLANNED COMMUNITY THIS DECLARATION is made this _ day of ,20_, by SAGE DEVELOPMENT, LLC, an Oregon limited liability company (hereinafter the "Declarant"). RECITALS Declarant is the owner of certain real property located at 247 Otis Street, in the City of Ashland, Jackson County, Oregon, and described on the attached Exhibit "A" (hereinafter the "Property"). Declarant desires to create a Class I Planned Community on the Property, to be known as HELMAN SPRINGS HOMES (hereinafter the "Planned Community"), comprised of 18 single-family homes, together with permanent roadways, utility installations, and open spaces for the benefit of the entire community. The Declarant is reserving the right, but not undertaking the obligation, to annex additional property to the Planned Community and subject it to the terms and provisions of this Declaration and to the Articles of Incorporation and Bylaws of the HELMAN SPRINGS HOMES OWNERS ASSOCIATION, as the same may be amended or supplemented. The Declarant desires to provide for the preservation and enhancement of the property values, amenities, and opportunities in the Property and for the maintenance of the Property and improvements thereon, and to this end desires to subject the Property to the covenants, conditions, restrictions, easements, charges, and liens hereinafter set forth, each of which is for the benefit of the Property and each owner of any Lot thereon. The Declarant has deemed it desirable for the efficient preservation of the values and amenities in the Planned Community to create a non-profit corporation, known as HELMAN SPRINGS HOMES OWNERS ASSOCIATION, to which shall be delegated and assigned the powers of owning, maintaining, and administering the common property and facilities; administering and enforcing the covenants and restrictions; collecting and disbursing the assessments and charges hereinafter created; and promoting the recreation, health, safety, and welfare of the occupants. Declaration -1- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation / r 1 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 -~.- .__._._---~ -~._~._----_. -~~_.,.,----~ l ~ ,:' ~ RECEiVED . i MAY 1 1 2007 C' , ~. '. ,; CO!; i> (.i.i. "'1' [j'1V:,1:0')ment NOW, THEREFORE, the Declarant declares that the Property shall be held, transferred, sold, conveyed, and occupied subject to the provisions of the Oregon Planned Community Act, ORS 94.550 et seq., and to the covenants, conditions, restrictions, easements, charges, and liens hereinafter set forth in this Declaration. ARTICLE 1 DEFINITIONS 1.1 "Architectural Review Board" shall mean the board, initially appointed by the Declarant, for the purpose of regulating the external appearance and maintenance of the Property. 1.2 "Articles" shall mean the Articles of Incorporation for HELMAN SPRINGS HOMES OWNERS ASSOCIATION. 1.3 "Association" shall mean HELMAN SPRINGS HOMES OWNERS ASSOCIATION, an Oregon mutual-benefit, nonprofit corporation, as filed with the Oregon Corporation Division. 1.4 "Bylaws" shall mean the Bylaws of the Association, being recorded with this Declaration in the Official Records of Jackson County, Oregon. 1.5 "Board of Directors" shall mean the board of directors of the Association. 1.6 "Common Property" shall mean that area ofland shown on the recorded plat of the Property as "Common Property A, B, C, D, and E," including any improvements and easements thereon, which is intended to be devoted to the common use and enjoyment of the Members, and which land will be conveyed by deed to the Association. 1.7 "Declaration" shall mean this document, and shall include any amendments or addendums hereto. 1.8 "General Plan of Development" shall mean the Declarant's general plan of development of the Property as approved by appropriate governmental agencies and as set forth in this Declaration, which shall represent the total general plan and general uses of land within the boundaries of the Property, as may be amended from time to time. 1.9 "Living Unit" shall mean any portion of a structure situated upon the Property designed and intended for single-family residential purposes. 1.10 "Lot" shall mean each and any of Lots I through 18 of the Property, and any which are subsequently annexed to the Planned Community, together with any other Lots that may be designated as Lots intended for single-family residential use on any supplemental Declaration -2- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 199 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 ., ; 1 RECEIVED ;'f MAY 1 1 2007 C"""'''~ Comrr,Ui' ';' C;.,":;;opment declaration and plat submitting additional property to the terms of this Declaration. "Lot" shall not include any lot depicted on any plat of the Property which is designated for use as Common Property. 1.11 "Member" shall mean the record owner, whether one or more persons or entities, of the fee simple title to any Lot or a purchaser in possession under a land sale contract. None of the foregoing shall include persons or entities who hold an interest in any Lot merely as security for the performance of an obligation. 1.12 "Rules and Regulations" shall mean the documents containing rules and regulations and policies proposed by the Board of Directors or the Architectural Review Board, and adopted by majority vote of the Association Members. ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION The real property which is subject to this Declaration is described on the attached Exhibit "A," and consists of Lots and Common Property, together with any property which may be subsequently annexed to the Planned Community. ARTICLE 3 GENERAL PLAN OF DEVELOPMENT 3.1 General. The Declarant intends to develop 18 Lots, each of which shall be reserved for the construction and sale of single- family homes. Access to the Lots shall be by way Drager Street, a public street traversing the Property, and by an unnamed private alley, designated on the Plat as "Common Property C." Each Lot shall be served by the City of Ashland, Oregon services, including public water, sewer, natural gas, electric service, telephone, and cable television service, where applicable. 3.2 Common Property. As defined above, the Common Property shall be those areas depicted on the Plat as "Common Property A, B, C, D, and E" and shall include all land, landscaping, street trees, park rows, roads, concrete curbing and walkways, lighting, personal property, asphalt roads, wetlands, easements, storm drains, and any and all other improvements located thereon. The Association shall be in title to all of such Common Property, and the Declarant shall convey the Common Property to the Association within sixty (60) days after 75% of the Lots have been conveyed to purchasers other than Declarant. The legal description of the Common Property to be initially conveyed to the Association is set forth in Exhibit "B" attached hereto. In the event the Common Property is assessed for property tax purposes separately from the Lots, the Association, by and through its Board of Directors, shall take such steps as may be necessary to assess all Members equally for their share of such taxes and to pay such property taxes on a current basis. Declaration -3- LAW OffiCES Of DAVIS, HEARN, SALAD OFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET t< c () ASHLAND, OREGON 97520 (541) 482-3111 fAX (541) 488-4455 RECEIVED ; , MAY 1 1 2007 C:..,.",' ...".....~ . Co!':"!C...,miiy Di~'\f;;iopment 3.2.1 Common Properties A and D. Common Properties A and D consist of wetland areas, restricted by a Wetlands Mitigation Plan and Wetlands Maintenance Plan, as approved by the necessary State and Federal Agencies, and by the City of Ashland, Oregon. The tracts contain a 10 foot wide public utility easement on the north boundary of both parcels; and on the south boundary of Common Property A; and a 14 foot wide public pedestrian access easement on Common Property A; each of which is designated on the Plat. As provided herein, the Association shall be responsible for the maintenance and protection of the entirety of Common Properties A and D, and any deviation from the strict standards set forth in the Wetlands Mitigation Plan or the Wetlands Maintenance Plan shall require the prior written approval of the City of Ashland Planning Department. No fencing of any material, size, or nature shall be installed at any time around the perimeter of the Common Property wetland areas. 3.2.2 Common Property B. Common Property B consists of a landscaped area intended for the use and enjoyment of all Members, and includes a 10 foot wide public utility easement and a 15 foot wide public pedestrian access easement, each of which is designated on the Plat. The Association shall be responsible for the maintenance, repair, and replacement of all land, landscaping, and other improvements on the tract designated as Common Property B. 3.2.3 Common Property C. Common Property C consists of a private alley, with asphalt and curbing in conformance with the standards of the City of Ashland, Oregon. The private alley may be used by any Member for ingress, egress, and access; provided, however, that no Member may park vehicles on or otherwise block the alley at any time. As more particularly provided herein, the Association shall be responsible for the maintenance, repair, and replacement of the private alley, including all asphalt and concrete located thereon. 3.2.4 Common Property E. Common Property E consists ofland and landscaping, a water feature, and a wellhead and associated geothermal spring, which spring serves the water feature as well as the private pool located upon Lot 18. The Declarant has provided a deed restriction designed to protect, in perpetuity, the wellhead and the associated geothermal spring as permanent natural and man-made features of the Property. The deed restriction provides that the Association may make future enhancements to the well, subject to compliance with all laws then in effect; provided, however, that neither the Association nor any owner may cap, degrade, or destroy the wellhead. The deed restriction shall be fully enforceable by the Association. 3.3 Common Property Improvements. It is contemplated that all improvements will be completed prior to conveyance of a Lot to any Member, or a surety bond or security deposit will be posted therefor as required by applicable government agencies. There shall be no development of the Common Property other than that which has been identified in the Development Plan of the Declarant, as approved by the City of Ashland, Oregon. II Declaration -4- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation "'" / 515 EAST MAIN STREET wi V ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 RECEr/ED MAY 1 1 ')lY1!' I ,-\;\J r -. -"." .~- .:~.' ......; CO;".; r.c, '. .;' w;)1' J.c)pment ARTICLE 4 GOVERNMENTAL RESTRICTIONS; MAINTENANCE RESPONSIBILITIES; AND ARCHITECTURAL CONTROLS 4.1 General. 4.1.1 Governmental Restrictions. All uses, occupancy, construction, and other activities conducted on any Lot shall conform with and be subject to applicable zoning, use restrictions, setback requirements, and construction and building codes of all local, state, and federal public authorities. 4.1.2 Combination, Division. No Member shall have the right to divide any Lot, except upon the prior consent of a majority of Members of the Planned Community, and the City of Ashland, Oregon. Any Member, upon compliance with the requirements of all applicable zoning, building, and land use laws, regulations, and ordinances, and the architectural requirements of the Declaration, and any Rules and Regulations of the Association, may construct or reconstruct one Living Unit on two or more Lots. 4.2 Maintenance, Repair, and Replacement. 4.2.1 Association Responsibilities. The Association shall perform all maintenance, repair, replacement, irrigation, planting, pruning, mowing, and cleaning of the Common Property, including the wetland areas, water feature, wellhead, geothermal spring, storm water detention and drainage systems, all Common Property park rows and street trees, all lawns, landscaping, irrigation and sprinkling systems, and all walkways, driveways, street lighting, playgrounds, benches, and picnic tables, as the same shall apply. The Association shall also be responsible for the maintenance, repair, and replacement of sanitary sewer and water lines from the connection with the main service line owned and maintained by the public service provider to the point where such lines cross the Lot lines. The Association shall further be responsible for the maintenance, repair, replacement, irrigation, planting, pruning, mowing, and cleaning of the land, landscaping, walkways, and all other improvements upon and within the 15 foot wide Landscape Easement described in Paragraph 12.4 herein, the 15 foot wide Private Access Easement provided in Paragraph 12.5, and all Public Pedestrian Access Easements as described in Paragraph 12.7 herein. 4.2.2 Member Responsibilities. Each Member shall perform all maintenance, repair replacement, planting, pruning, mowing, and cleaning, of the land and landscaping, and driveways and parking pads on Lots, with the exception of the 15 foot wide Public Pedestrian Access Easementlocated on Lot 18, and the 15 foot wide Private Access Easement located on Lot 14, which shall be maintained, repaired, and replaced by the Association, as provided above. In addition, Members shall maintain, repair, and replace all interior and exterior components ofthe Members Living Unit, including, but not limited to, doors, windows, all roofing, siding, concrete, Declaration -5- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation ;, 515 EAST MAIN STREET ..:,/ r ;". ASHLAND, OREGON 97520 !.o' , ".' eJ,.. (541)482.3111 FAX (541) 488-4455 RECEIVED ",0:; MAY 1 1 ,';.. (.- Cort;:'-';.ll ," ,.~.~ ,~..., ..r! J';j;opment gutters, and sanitary sewer and water lines from the point where such lines cross the Lot lines beneath the Members Lot. The owner of Lot 18 shall be solely responsible for the maintenance, repair, and replacement of the private pool located on such Lot, as well as the facilities and improvements constructed to accommodate the water flow from the wellhead and geothermal spring to the private pool, from the point at which such water flow traverses the Lot line between Common Property E and Lot 18. . 4.3 Overhead Utilities. No outdoor overhead wire or service drop for the distribution of electric energy or for telecommunication purposes nor any pole, antennae, satellite receiving dish, tower, or other structure for independent reception, transmission, or support of any of the above shall be erected, placed, or maintained within the Property. 4.4 Architectural Review Board. 4.4.1 Composition. The Declarant shall appoint and replace, when necessary, an Architectural Review Board consisting of at least one member prior to the initial turnover meeting and at least three members following the initial turnover meeting. After the initial meeting of the Association as provided in the Bylaws, the Board of Directors shall assume that responsibility. The Declarant may serve as the sole member of the Architectural Review Board prior to the initial meeting of the Association, at which time, if the Declarant remains entitled to serve on the Board of Directors, the Declarant may also continue to serve as a member of the Architectural Review Board. 4.4.2 Duties. It shall be the duty of the Architectural Review Board to regulate the external design, appearance, location, and maintenance of all the Property and of improvements thereon, whether on a Lot or Common Property, and to regulate use of such Property as described in this Declaration. Upon conveyance of the first Lot to a Member, the Architectural Review Board shall adopt general rules to implement the purposes and interpret the covenants of this Article, including, but not limited to, rules not less restrictive than those contained in this Declaration, if any, to regulate animals and tenants, storage and use of recreational vehicles, storage and use of machinery, use of outdoor drying lines, trash containers, and the planting, maintenance, and removal of vegetation of the Property. 4.4.3 Approval Required. No building, fence, wall, or other structure shall be erected upon the Property, nor shall any exterior addition to, change in, painting or staining of, or alteration to any Unit, outbuilding, fence, wall, or other structure on the Property be made until the plans showing the shape, height, materials, color, and location of the same shall have been approved in writing by the Architectural Review Board as to the harmony of external design, materials, color, and location in relation to surrounding structures and topography. II Declaration -6- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ".... ASHLAND. OREGON 97520 d tCJ ~~) (541) 482-3111 FAX (541) 488-4455 ;'i, RECEI\/ED ; i MAY 1 1 /",.jJ/ f~" .:... ~ ,0, (.. CO~'~:.L~,"". .;",{ [/.:, D::)prnent 4.4.4 Procedure; Quorum. A Member wishing to take action requiring approval shall give notice of such proposed action to the Architectural Review Board, together with plans and specifications therefor. The Architectural Review Board shall meet to review the Member's request within 10 days of receipt and shall render a decision, by the vote of a maj ority of Review Board members present at a meeting where the quorum has been met, within 15 days of receipt. Interested Members shall have an opportunity to comment on the request at all such meetings, which shall be open to all Members. If the Architectural Review Board fails to render a written decision within the time allowed, the request shall be deemed to be approved. A quorum for the Architectural Review Board action shall be a majority of its members. 4.4.5 Appeal. The decision of the Architectural Review Board under this Article (including any failure to approve or disapprove within the time allowed) shall be subject to appeal by any interested Member as set forth in this Article. Upon the payment of a reasonable fee established by the Architectural Review Board to cover administrative costs not to exceed two hundred fifty dollars ($250), any interested Member may appeal the decision of the Architectural Review Board to the Association Members. The appeal shall be made in writing and shall be filed with the secretary of the Association within 30 days of the decision of the Architectural Review Board. The Board of Directors shall call a special or ballot meeting to be held after 10 days notice and within 30 days after the appeal has been filed with the secretary of the Association. It shall require a vote of at least a majority of the votes of Association Members to reverse or modify the decision of the Architectural Review Board. ARTICLE 5 ASSOCIATION MEMBERSHIP As defined hereinabove, each owner of a Lot in the Planned Community shall be a mandatory Member of the Association as provided in the Bylaws and subject to all the terms thereof. Each Member is entitled to one (1) vote per Lot. ARTICLE 6 DECLARANT CONTROL Declarant reserves administrative control of the Association as provided in the Bylaws. ARTICLE 7 COMMON PROPERTY 7.1 Obligations of the Association. Subject to the rights of Members set forth in this Declaration, the Association shall be responsible for the exclusive management and control of the Common Property and any improvements thereon as set forth in the Bylaws. II Declaration -7- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation -" if 515 EAST MAIN STREET r... , ASHLAND, OREGON 97520 ij,/., C (541) 482-3111 FAX (541) 488-4455 RECEIVED i f MAY 11 {..ill' r:' CO'Y:1f,:"" ':' ...i':;\",",opment 7.2 Members' Easement of Enjoyment. Subject to the provisions of this Declaration, the Bylaws, and Rules and Regulations, every Member shall have a nonexclusive right and easement of enjoyment in and to the Common Property, which shall be appurtenant to and shall pass with the title to every Lot. 7.3 Extent of Members' Easements. The Members' easements of enjoyment created hereby shall be subject to the following: 7.3.1 Subject to Rules and Fees. The Association may establish reasonable rules and charge reasonable assessments and fees for capital expenditures on the Common Property and the maintenance and upkeep of the Common Property and payment of expenses. 7.3.2 Suspension of Member's Right. The Association may suspend the right of a Member or any occupant of a Lot to use the Common Property and facilities for any period during which any assessment against such Member or occupant's Lot remains unpaid for more than 30 days after notice of such nonpayment; provided, however, that no such suspension pursuant to this subsection shall deprive a Member of access to his or her Lot. 7.3.3 Sale of Common Property. Except as otherwise expressly provided herein, the Association shall not have the authority to sell, dedicate, or otherwise transfer any portion of the Common Property, or create a security interest therein. All Common Property of the Planned Community shall retain its classification as such, in perpetuity, unless otherwise authorized by the City of Ashland, Oregon. 7.4 Declaration of Use. Any Member may delegate his or her right of enjoyment to the Common Property to the Member's family and tenants, and to a reasonable number of guests subject to Rules and Regulations as may be established from time to time by the Association. 7.5 Damage or Destruction of Common Property by Member. In the event any Common Property is damaged or destroyed by a Member or any of a Member's guests, tenants, licensees, agents, or members of his or her family, in a manner that would subject such Member to liability for such damage under Oregon law, such Member does hereby authorize the Association to repair such damage. The Association shall repair damage in a good and workmanlike manner as originally constituted or as the area may be modified or altered subsequently by the Association in the discretion of the Association. The reasonable cost necessary for such repairs shall become a special assessment upon the Lot of the Member who caused or is otherwise responsible for such damage. II Declaration -8- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET "., r- ASHLAND, OREGON 97520 (,J t: ...) (541) 482-3111 FAX (541)488-4455 RECEIVED MAY " ~ ...:. .r , ' . CO!":, di .:~" C,.'l\'u:J,;ment ARTICLE 8 COVENANTS FOR MAINTENANCE ASSESSMENTS/SPECIAL ASSESSMENTS; AND COMMON PROFITS 8.1 Creation of the Lien and Personal Obligation of Assessments. The Declarant and each Member, by acceptance of a deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant and agrees to pay the Association (1) regular assessments or charges for common expenses, and (2) special assessments as provided herein. All assessments, together with interest thereon at the rate established from time to time by resolution of the Board of Directors and together with all costs, fees, charges, and fines allowed by law, shall be a lien and charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Such lien shall exist and be executed, recorded, and foreclosed in the manner provided by law. 8.2 General Assessments. 8.2.1 Purpose of Assessments. The assessments levied under this Article shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents of the Property, and for the improvement and maintenance of such Property, including payment of premiums for insurance of the Association and to fund a replacement reserve for those items of which the Association has maintenance responsibility, and for payment of any common operating expenses such as landscaping, maintenance, Association water, sewer, power, garbage collection, management services, legal and accounting services, and the like. Neither the Association, nor any assessments of the Members shall be used to engage in lobbying or to exert political influence. 8.2.2 Basis for Assessment. The assessments shall include the following items: ( a) Expenses of administration; (b) Expenses of maintenance, repair, and replacement of land, landscaping, easements, and improvements on the Common Property and Lots, to the extent as the Association has responsibility for same, as provided in this Declaration; (c) Any deficit in common expenses for any prior period; (d) Utilities for the Common Property and other utilities with a common meter or commonly billed, such as electricity, water, and sewer; (e) The cost of any professional management desired by the Board of Directors; Declaration -9- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation ! 515 EAST MAIN STREET 1"1.,P" (.. ASHLAND, OREGON 97520"'" t., k., (541) 482-3111 FAX (541) 488-4455 RECEIVED ,.1(:1; MAY 1 1 ,~OC7 Cor'"",,: .. Ui,,-<::opment (f) Any other items properly chargeable as an expense of the Association; and (g) Reserve items as more particularly set forth herein. 8.2.3 Method of Assessment. All assessments shall be allocated equally among all Members. However, in the event that a regular or special assessment shall confer disproportionate benefit among the Members, the Board of Directors shall have the authority to allocate said assessment appropriately according to relative benefit. If the Board determines that any common expenses are the fault of any Member, it may assess the expense exclusively against the Lot of that Member. Any common expenses that only benefit a particular Member or group of Members shall be specially assessed to the benefitting Member or Members. No Member may claim exemption from liability for contribution toward the common expenses by waiver by the Member of the use or enjoyment of any of the Common Property or by abandonment by the Member of the Member's Lot or Living Unit. If any utility line benefits less than all of the Members, and any maintenance or repair work is performed by the Association on the utility line, the Association shall specially assess the Members benefitted by the utility line and such special assessment shall be fairly allocated based upon the relative benefit to such Members from the utility line. Until the turnover meeting as provided in the Bylaws, the assessment amount shall be established by the Declarant and may be modified at any time provided each Member receives 30 days written notice of same. Thereafter, the Board of Directors shall determine the assessments, whether monthly or annually, in accordance with the provisions hereof; provided, however, that the assessments shall be sufficient to meet the obligations imposed by the Declaration. The budget shall be presented to the Association and may be amended by a majority of the votes of the Members. The Board shall set the date(s) such assessment shall become due. The Board may provide for collection of assessments annually or in monthly, quarterly, semi-annual, or annual installments; provided, however, upon the default in the payment of anyone or more installments, the entire balance of such assessment may be accelerated at the option of the Board and be declared due and payable in full, together with interest and attorney fees and costs as hereinafter provided. Notwithstanding any other provision herein, the general assessments of the Association may not be increased by more than 20% in anyone year without approval of a majority of the Members at a meeting at which a quorum exists, or a majority of the votes of all Members, if the vote is taken by written ballot. 8.3 Date of Commencement of Annual Assessments. Initially, the Declarant shall pay all common expenses. The general assessments with respect to the Lots shall commence at the time the Declarant declares, but in no event later than the first day of the month following the conveyance of a Lot to a Member other than the Declarant. The Declarant shall pay the assessments for each unsold Lot until it shall be conveyed, including contributions to reserve accounts. Declaration -10- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET I ji'" ,"", ASHLAND, OREGON 97520 /" I (541) 482-3111 FAX (541) 488-4455 REceiVED MA\ ",: CO;": l,'p,l; : U,_~ " -:)i:'~.nent 8.4 Initial Assessment. Upon the closing of the sale of each Lot to a Member other than the Declarant, each Member shall contribute a sum equal to two (2) times the monthly assessment as a one-time contribution to the working capital of the Association, together with such other sums as may be called for by the sales agreement and Bylaws. If the Declarant has made such contribution, each purchaser, upon closing, shall instead reimburse the Declarant for the amount of such contribution made by the Declarant in respect to the Lot conveyed. 8.5 Common Property Reserve Study. Declarant has performed a Reserve Study to establish the initial assessment for the Reserve Account. The Board shall conduct an annual update to the Reserve Study to determine the reserve account requirements, and may adjust the amount of payments as indicated by the study or update and provide for other reserve items that the Board may deem appropriate. The study shall include identification of all items for which reserves are required to be established, their estimated remaining useful life, the estimated cost of maintenance, repair, or replacement of each item at the end of its useful life, and a 30 year plan to meet that maintenance, repair, and replacement schedule. 8.6 Common Property Reserve Account. The assessment against each Lot shall include an amount allocated to a reserve account established for the purpose of funding replacements of those elements of the Common Property that will normally require replacement, in whole or in part, in more than 3 and less than 30 years. The account shall be in the name of the Association and separated from other funds. It shall be used only for the purposes for which the reserves have been established. The account shall also fund other items, whether or not involving Common Property, if the Association has responsibility to maintain the items, unless they could reasonably be funded from operating assessments. Amounts assessed with respect to reserves shall take into account the estimated remaining life of the items for which the reserve is created and the current replacement cost of such items based on the results of the Reserve Study described herein. The reserve account need not include reserves for those items for which one or more Members are responsible for maintenance and replacement under the provisions of this Declaration or the Bylaws. The assessments pursuant to this section shall accrue from the date of conveyance of the first Lot in the Property. The Board may borrow funds from this reserve account to meet high demands on the regular operating funds or to meet other unexpected increases in expenses. The Board shall repay such funds according to a written payment plan adopted no later than the date the budget is adopted for the following year, said plan providing for repayment within a reasonable period. The Association may, on an annual basis by a unanimous vote of all Members, elect not to fund the reserve account. By a vote of at least 75% of the Members, the Association may also elect to reduce or increase future assessments for the account. 8.7 Special Assessments. The Declarant, and the Board of Directors after it assumes administrative control of the Association, shall have the power to levy special assessments against a Member or all Members in the following manner for the following purposes: Declaration -11- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Prolessional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 ~' t! RECEiVED MAY ,h' :~ou/ (a) To correct a deficit in the operating budget; CO'"-;:',',.,,, ,'! [,),>i"Jpment (b) To collect amounts due to the Association from a Member for breach of the Member's obligations under the Declaration, these Bylaws, or the Rules and Regulations; (c) To make repairs or renovations to the Common Property and/or to those portions of the Lots for which the Association has responsibility of maintenance and replacement if sufficient funds are not available from the operating budget or replacement reserve accounts; or (d) To make capital acquisitions or improvements, as approved by vote of a majority of the Members, without regard to special voting rights in favor of the Declarant, if any. 8.8 Effect of Non-Payment of Assessments; Remedies of the Association. Any assessment unpaid within 20 days of its due date shall incur a late fee of I 0% of the delinquent installment. In addition to any other remedies provided by law, the Association may bring an action at law against the Member personally obligated to pay the same or foreclose a lien upon the Member's Lot. No such action or judgment entered therein shall be a waiver of the lien of the Association. The Board shall have authority to compromise overdue assessment claims if it benefits the Association. No Member may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Property or abandonment of his or her Lot. A Member may not claim to offset an assessment for failure of the Association to perform the Association's obligations. The Declarant shall have this power prior to the initial meeting of the Association. 8.9 Subordination of the Lien to Mortgages. The lien with respect to any assessment provided for herein shall be prior to any homestead exemption and all other liens and encumbrances on a Lot, except: (a) A lien for real estate taxes and other governmental assessments or charges; and (b) A first mortgage or trust deed of record. 8.10 Common Expenses and Profits. Profits arising from any operation or from the sale of any Association asset shall be shared among the Members in proportion to their liability for payment of assessments, i.e. equally. Common expenses shall be, similarly, shared equally. ARTICLE 9 DECLARANT'S SPECIAL RIGHTS Until the Living Units on all Lots on the Property have been constructed, fully completed, and sold, the Declarant shall have the following special rights with respect to the Common Property and each Lot on the Property: Declaration -12- LAW OFFICES OF DAVIS, HEARN, SALAD OFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 "),., (1 f:~ hi r Rr~,...''', -co !.:......,t:1 \i-: 1 t MAr Co'-:"._.;. ':C. ,xnent 9.1 Sales Office and Model. The Declarant's designee shall have the right to maintain a sales office and model on one or more of the Lots which the Declarant or the designee owns. The Declarant or the designee and prospective purchasers and their agents shall have the right to use and occupy the sales office and models during reasonable hours any day of the week. 9.2 "For Sale" Signs. The Declarant or the designee may maintain a reasonable number of "For Sale" signs at reasonable locations on the Property, including, without limitation, the Common Property. 9.3 Declarant Easements. The Declarant has reserved easements over the Property as more fully described herein. ARTICLE 10 DAMAGE AND DESTRUCTION 10.1 Insurance Proceeds Sufficient to Cover Loss. In case of fire, casualty, or any other damage and destruction to the Common Property, the insurance proceeds of the master insurance policy, if sufficient to reconstruct the damaged or destroyed improvements, shall be applied to such reconstruction which shall commence within 120 days of such damage, or as soon thereafter as proceeds are available. Reconstruction of the damaged or destroyed improvements, as used in this section, means restoring the improvements to substantially the same condition in which they existed prior to the fire, casualty, or disaster. Such reconstruction shall be accomplished under the direction of the Board of Directors. 10.2 Insurance Proceeds Insufficient to Cover Loss. If the insurance proceeds are insufficient to reconstruct the damaged or destroyed improvements, the damage to, or destruction of, such improvements shall be promptly repaired and restored under supervision of the Board of Directors, using the proceeds of insurance, if any, on the improvements for that purpose and all the Members shall be liable for assessment for any deficiency for such reconstruction, such deficiency to take into consideration as the Member's contribution any individual policy insurance proceeds provided by such Member. Such reconstruction shall commence within 120 days of such damage, or as soon thereafter as proceeds are available. ARTICLE 11 CONDEMNATION OF COMMON PROPERTY In the event that all or any portion of the Common Property is appropriated as the result of condemnation or threat or imminence thereof, the following rules and guidelines shall apply: 11.1 Representation by Association. The Board of Directors of the Association shall have the sole authority, right, and duty to represent each of the Members for the purpose of negotiating and contesting, if it deems so doing to be necessary or appropriate, any condemnation Declaration -13- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Prolessional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 ,,1", I'r~ ....J I \...' R-~,.,..". "r- 1=L.bVt.:D MAY 1 1 i, .' .: Cor';';,; ..~n,;y L:':'"",oprnent award offered by the condemning authority in question and may authorize expenditures and assessments to retain adequate counselor other experts for such purposes. 11.2 Allocation of Condemnation Award. The Board of Directors of the Association shall allocate and distribute any condemnation award received by it with respect to the Common Property to the Members in proportion to the diminution in fair market value incurred by them with respect to their respective Lots and improvements as a result of said condemnation. 11.3 Arbitration. In the event of any controversy by, among, or between any Member or Members and the Board of Directors arising under this section, each of the disputing parties shall choose one (1) arbitrator and such arbitrators shall choose one (1) additional arbitrator. The three (3) arbitrators shall resolve the controversy by majority vote and said decision shall be final, binding, and unappealable upon the disputing parties. Any action or decision of the Board of Directors pursuant to this section shall carry a rebuttable presumption of correctness for purposes of arbitration pursuant to this section. The disputing parties each shall pay all the fees and expenses of the arbitrator designated by each of them and shall pay equally all fees and expenses of the third arbitrator. The disputing parties each shall pay their own expenses in connection with the arbitration. 11.4 Retention of Rights. No provision of this section shall be construed as negating the right of the individual Members to such incidental relief as the law may provide as a result of the condemnation of the Common Property. ARTICLE 12 EASEMENTS 12.1 Association's Easements. The Declarant hereby grants to the Association, a blanket easement with respect to all Lots on the Property, for the purpose of maintaining, repairing and replacing utilities lines and facilities located on the Lots, and for carrying out any and all of the Association's responsibilities described herein. The easement granted in this section shall be perpetual and shall run with the land. 12.2 Declarant's Easements. The Declarant hereby reserves to itself and its designees a blanket easement over, upon, through, and under the Property, including, without limitation, all Lots and Common Property, for all purposes reasonably required in carrying out the General Plan of Development including, without limitation, ingress and egress, the construction, alteration, completion, and decoration of Units and improvements developed on the Property, the installation, maintenance, repair, and replacement of all utility and service lines and systems serving Units, and the sale of Lots and Living Units. The easement herein reserved shall include the right to store materials on the Common Property at such places and for such periods as may be reasonably required to effect the purposes for which this easement is reserved. The easement shall be perpetual and shall run with the land and shall be freely assignable by the Declarant. Declaration -14- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET , I i ASHLAND, OREGON 97520 ~#. I r (541) 482-3111 FAX (541) 488-4455 RECEIVED . "~... MAY 1 1 I., CC'~'''I'., ',,:;, D,,"<JiiJ;'-:1ent ( o!:.. 12.3 Member's Easements. The Declarant hereby grants to each Member an easement over the Common Property and over other Lots for patio overhangs, roof overhangs, driveways, fences, HV AC units, and other minor encroachments into the Common Property or other Lots arising from the Unit and its accessory components having not been constructed, or not having been reconstructed, precisely within the Lot line. This easement shall be perpetual and run with the land. 12.4 Lot 14 15' Wide Landscape Easement. The Declarant hereby provides a 15 foot wide non-exclusive easement for landscaping, over, under, and through those portions of Lot 14 depicted on the Plat as "Landscape Easement." Such easement shall benefit all owners of Lots in the Planned Community, and all such owners shall be entitled to access and enjoy such landscaping. As more particularly provided herein, the Association shall be solely responsible for the planting and maintenance of the Landscape Easement, with the costs of same being assessed equally to all Members. The Landscape Easement shall be perpetual and shall run with the land. 12.5 15' Wide Private Access Easement. The Declarant hereby provides a 15 foot wide non-exclusive, perpetual easement for ingress, egress, and access, over those portions of Lots 14 depicted on the Plat as "Private Access Easement," such easement to benefit Lot 13. The easement shall be for the purpose of allowing vehicle and pedestrian access from Drager Street to Lot 13. The maintenance, repair, and replacement of all improvements constructed or otherwise located on such easement, including all concrete, asphalt, landscaping, and fencing, as applicable, shall be accomplished by the Association, and the costs of same being shared equally among Lots 13 and 14. The Private Access Easement shall be binding upon all parties in title to the affected Lots, and shall run with and be appurtenant to such parcels. 12.6 Lot 18 Irrevocable License and Easement for Water Flow. The Declarant hereby grants an irrevocable license and concurrent easement for the benefit of Lot 18, for the purpose of allowing Lot 18, in perpetuity, to receive water flow from the well located on Common Property E, in an amount reasonably consistent with the amount of water used to serve the private pool on Lot 18 as of the date this Declaration is recorded. The Association shall be entitled to make all lawful use of the well for the benefit of the Association Membership, provided such use does not unreasonably interfere with the concurrent right of Lot 18 to continue to receive water from the well as provided above. 12.7 Public Pedestrian Access Easements. The Declarant hereby grants to the public, a non-exclusive public pedestrian access easements over and upon those portions of the Plat designated as PPAE (Public Pedestrian Access Easements). All such easements, whether located on a Lot or on the Common Property, shall be maintained by the Association, with the cost of same being allocated equally among all Lots. The easements granted herein shall be perpetual and shall run with the land. Declaration -15- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541)482-3111 FAX (541)488-4455 1'; ,. ~ /,....-' RECEIVED l,\ AV Co,'/" "dn .c' L .L ,':oi_ment 12.8 Tree Protection Plan. All of the trees on the Property are subject to a Tree Protection Plan identifying the trees for preservation, and setting forth maintenance requirements for such trees. Any deviation from the Tree Protection Plan shall require the prior written approval of the City of Ashland Planning Department. ARTICLE 13 DISCLOSURES; DISCLAIMERS 13.1 Vegetation. Grass, trees, and other vegetation, if any, even if remaining at close of purchase and occupancy of a particular Lot or Living Unit, may not survive, and may need to be replaced at the sole expense of the Association or the Member. No warranty of quality or survival is given by Declarant with respect to grass, trees, and other vegetation. Further, Members are advised that native trees are often subject to governmental regulation and may not necessarily be removed at will. 13.2 Sound Transmission. It is normal to experience some transmission of sound between Lots and Living Units. Declarant makes no warranty regarding soundproofing, transmission of sound between Living Units, and/or levels or adequacy of sound insulation, and that transmission of sound between Living Units shall not be considered a construction defect. Each Member in title to a Lot attests that the Member has had ample opportunity to discern to the Member's satisfaction the level of sound and sound transmission on the Lot or in the Living Unit at various times of day, that sound levels may differ over time depending on a variety of factors, and that the Member accepts current and potential future sound levels. The consideration paid to Declarant for the Lot reflects the Member's acceptance of sound transmissions, and the Member would have paid a higher price for any additional sound insulation or any warranties regarding sound. 13.3 Acoustics, Light, Air, and View. Declarant made no representation or warranty regarding the existence of or changes in the level of noise, light, air, or view benefitting or burdening the Lots or Living Units specifically or the Planned Community generally. Declarant will have no liability if the current level of noise, light, air, or view affecting the Lots or Living Units changes due to future developments. Living Unit occupants may hear some degree of noise from the nearby streets, from nearby residences, and from nearby common areas. Following the turnover meeting, the Association, and not Declarant, shall bear the responsibility of enforcing roles against disturbing other Members of the Association. 13.4 _Mold. Mold is a commonly occurring natural substance that can grow anywhere water infiltration and humidity exist. There is controversy regarding whether and to what extent certain types of mold are toxic to humans. Declarant will not be liable for any damage or bodily injury suffered by a Member or the occupants or guests in a Living Unit resulting from or related to the presence of mold. Members are advised to inspect for mold or any other dangerous condition on a regular basis. Members should take prompt action to remedy underlying water Declaration -16- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ")t~t ASHLAND, OREGON 97520 : I';;; (541) 482-3111 FAX (541) 488-4455 RECEIVED M 1\ v'UC r'O . r,........;; Cz '~':,-." ":f Z,;'o',-a:,;pment infiltration and humid conditions that are causing or have the potential to cause mold and thereby avoid any possibility of damage or injury from long-term exposure to mold. 13.5 _Utility Failure. Neither the Association, nor the Board nor Declarant shall be liable for: (i) any failure of any utility or other service to be obtained and paid for by the Board; (ii) injury or damage to person or property caused by the elements, or resulting from electricity, noise, smoke, water, rain (or other liquid), dust, or sand which may leak or flow from the outside or from any parts of Unit structures, or from any of its pipes, drains, conduits, appliances, or equipment, or from any other place; or (iii) inconvenience or discomfort resulting from any action taken to comply with any law, ordinance, or orders of a governmental authority. No diminution or abatement of common expense assessments shall be claimed or allowed for any such utility or service failure, or for such injury or damage, or for such inconvenience or discomfort. ARTICLE 14 USE AND RENTAL RESTRICTIONS 14.1 Rental Restrictions. The nightly or weekly rental of any Living Unit or Lot on the Property for vacation purposes shall not be allowed. However, each Member shall be allowed to lease or rent the use of such Member's Living Unit on a monthly basis, so long as the Member first provides written notice to the Association of the dates during which the Unit is or will be rented and the person(s) to whom the Unit will be rented. All such leases or rental agreements shall be in writing and shall be deemed to provide that their terms shall be subject in all respects to the provisions of this Declaration, Bylaws, and the Rules and Regulations, and that any failure by the lessee or renter to comply with the provisions of such documents shall constitute a default under said lease or rental agreement. The lessee's or renter's use and enjoyment of the Common Property under such lease or rental agreement shall be subject to suspension by the Board of Directors for any of the causes set forth elsewhere in this Declaration, including, without limitation, the nonpayment of assessments with respect to the Lot occupied by the lessee or renter. Any lessee or renter shall be entitled to the use and enjoyment of the Common Property, and a Member may not sever the right to the use and enjoyment of the Common Property from the right to occupy his or her Lot and the improvements thereon by means of a lease, rental agreement, or otherwise. 14.2 Ownership and Use Restrictions. Each Lot and Living Unit is to be occupied and used only for single-family residential purposes by Members, tenants, and social guests. There shall be no trade or commercial activity conducted thereon, with the exception of executive or professional office use by the Member that does not interfere with other Members' quiet enjoyment of their property, and only so long as no clients or customers will call at the residence, and no sign is erected on the residence. There shall not be permitted any group care facilities, tents, shacks, trailers, campers, recreational vehicles, outbuilding, or structure of a temporary character, used on any Lot as a dwelling, either temporarily or permanently. There Declaration -17- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation ~ I 'i 515 EAST MAIN STREET ASHLAND. OREGON 97520 (541) 482.3111 FAX (541) 488-4455 RECEIVED M;: Y ~OC) ( '. ,~. Ce' '.;''r"IUii y Dc '".,.., " ,;,upment shall be no overnight camping permitted on any Lot. All construction trash and scrap must be kept in a closed container during any periods of construction by the Member. 14.3 Pets. There shall be no breeding or keeping of any animals for commercial purposes. Members may have and keep a reasonable number of usual and ordinary household and domestic pets such as cats and dogs. No other animals or livestock shall be permitted. No pets shall be allowed to run loose. All pets are to be kept under reasonable control at all times. No pets are allowed on the Common Property, on unfenced portions of Member's Lot, or upon public street frontage, unless on a leash accompanied by the Member. The Board may cause any unleashed dog within the Common Property to be removed to a pound or animal shelter. The owner of the pet shall clean up any mess left by their pets in the Common Property or on adjoining Members' properties. Any dog that barks regularly or habitually, or any pet that is dangerous or diseased, is prohibited. The installation of any animal pen, run, or shelter shall be approved, in advance and in writing, by the Architectural Control Committee pursuant to the appropriate provisions herein. Any Member who owns or otherwise allows a pet on the Property is responsible for any damage caused by the pets, and the pets of their tenants and guests. 14.4 Parking. Each Member shall park any and all vehicles inside ofthe Member's garage, or on the driveway located on the Member's Lot. No Member shall be entitled to park any vehicle on Drager Street or on the private access alley at any time. The Association shall have the right, and the obligation, to tow any vehicle in violation of this section, and all costs of towing shall be assessed to the Member responsible for such violation, as appropriate. 14.5 Nuisances in General. No noxious, illegal, or offensive activities are to be carried on upon any Lot or any part of the Planned Community. Outdoor burning of any trash is prohibited. No vehicles, boats, or recreational vehicle building materials may be stored on any Lot. Any act or series of acts which become a serious annoyance, nuisance, hazard, or which interferes with the quiet enjoyment of a Lot or Common Property by any Member is hereby prohibited. 14.6 Common Property. No Member shall construct or place any structure, material, planting, equipment, or any object of any kind on any portion of the Common Property, unless granted written permission by the Board of Directors, and then only in strict compliance with such authorization. No such change or alteration shall be authorized which is inconsistent in any way with the Master Plan as approved by the City of Ashland, Oregon. 14.7 Fencing Restrictions. All fencing which borders multi-use paths, common property, or other open space areas, shall be constructed no greater than four feet in height. All such fencing shall be fIrst approved by the Architectural Review Committee for compliance with height restrictions, and for quality and type of material and construction. All fencing shall comply with any and all Rules and Regulations promulgated by the Board or by the Architectural Review Committee regarding same. Declaration -18- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET "'\ I ,.... ASHLAND, OREGON 97520 .,.I".:;:) (541) 482-3111 FAX (541) 488-4455 R r:;:: r" 1:. 'I 'E"O '- ,:...1" .~ M. ./\" ,r-t,; Ce', .., ,-:" ~j,:. :.. -;f)ment 14.8 Further Use Restrictions. The use of each Lot or Living Unit may be further restricted by the Bylaws, and by the Rules and Regulations promulgated by the Board of Directors and the Architectural Review Committee, as the same shall apply. ARTICLE 15 GENERAL PROVISIONS 15.1 Enforcement. The Declarant, the Association, and the Members within the Property or any mortgagee on any Lot shall have the right to enforce all of the covenants, conditions, restrictions, reservations, easements, liens, and charges now or hereinafter imposed by any of the provisions of this Declaration as may appertain specifically to such parties or Members by any proceeding at law or in equity. Failure by the Declarant, the Association or by a Member or mortgagee to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of their right to do so thereafter. In the event suit or action is commenced to enforce the terms and provisions of this Declaration, the prevailing party shall be entitled to its attorney fees and costs in such suit or action to be fixed by the trial court, and in the event of an appeal, the cost of the appeal, together with reasonable attorney fees, to be set by the appellate court. In addition thereto, the Declarant or the Association shall be entitled to its reasonable attorney fees incurred in any enforcement activity taken to collect delinquent assessments, whether or not suit or action is filed. The same shall apply in any litigation brought by the Declarant, the Association, or a Member to enforce compliance with Rules and Regulations enacted by the Association. 15.2 Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall not affect the other provisions hereof and the same shall remain in full force and effect. 15.3 Duration. The covenants and restrictions of this Declaration shall run with and bind the land for a term of35 years from the date of this Declaration being recorded, after which time they shall be automatically extended for successive periods of 10 years, unless rescinded by a vote of at least 90% of the Members. Provided however, amendments which do not constitute rescission of the Planned Community may be adopted as provided in Section 14.4 below. 15.4 Amendment. An amendment to this Declaration or to the recorded plat for the Planned Community may be proposed by a majority of the Board of Directors, or by at least 30% of all of the Members of the Planned Community. Except as otherwise provided herein, this Declaration or the recorded plat may be amended at any time by an instrument approved by not less than a majority of the total votes of Members that are eligible to vote. Except as may otherwise be provided in this Declaration or by the Act, this Declaration may be amended if such amendment is approved by the Owners of at least seventy-five percent (75%) of the Units. Except as otherwise provided in the Act, no amendment may change the size, location, allocation of undivided interest in the Common Property, method for determining liability for common Declaration -19- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND. OREGON 97520 (541)482-3111 FAX (541)4884455 :JJ,6 F""-,''''';'''P 1""0 iL.~., c~~ \ ;.:. ~'vA r \ ("t.. ,-,'. .., ,ui. ,,', ,: "prnent expenses, right to common income or voting rights of any Member, unless such amendment has been approved by the affected Members, and the holders of any Mortgages on such Member's Lot or Living Unit. For as long as Declarant owns any unsold Lots, the Bylaws, Rules and Regulations, and this Declaration may not be modified, added to, amended, or repealed so as to eliminate, change, or impair any rights, privileges, easements, licenses or exemptions granted therein or herein to Declarant or its designee, or otherwise adversely affect Declarant or such designee, without Declarant's or such designee's consent. Any amendment must be executed and certified on behalf of the Association by the president and secretary of the Association as being adopted in accordance with the Declaration and applicable law. It shall be acknowledged as for deeds and recorded as the Declaration is recorded. It shall be effective only upon recording. 15.5 Rights of Mortgagees. Any holder of a first mortgage or equivalent lien on any Lot and/or the improvements located thereon, upon written request to the Board of Directors of the Association, shall have the right to: (a) Receive timely written notice of meetings of the Association; (b) Receive timely written notice of any proposed abandonment, termination or contraction of this Planned Community; (c) Receive timely written notice of any material amendment of the Declaration or the Articles of Incorporation or Bylaws of the Association; (d) Receive timely written notice of any decision by the Association to terminate professional management and to assume self-management of the Property, if the Association previously has retained professional management services; and to inspect the financial records and similar documents of the Association at reasonable intervals during normal business hours; (e) Receive written notice of substantial damage or destruction of any Lot and/or the improvements thereon or the Common Property and/or any improvements thereon; and (f) Receive timely written notice of any condemnation or eminent domain proceeding affecting the Common Property or any portion thereof. 15.6 Unilateral Amendment by Declarant. The Declarant may amend this Declaration in order to comply with the requirements of the Federal Housing Administration of the United States, the United States Department of Veterans Affairs, the Farmers Home Administration, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Mortgage Loan Corporation, any department, bureau, board, commission or agency of the United States or the State of Oregon, or any other state in which the Lots are marketed and sold, or the City and County in which the project is situated, or any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon, or Declaration -20- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ') I ASHLAND, OREGON 97520 (7'0. (541)482-3111 FAX (541) 488-4455 1 RECEIVED Vi: ',..0.1 C:CI\' '; i.,;,'", li~'r):nent such other state, the approval of which entity is required in order for it to insure, guarantee or provide financing in connection with the development of the Property and sale of Lots. Prior to the turnover meeting referred to in the Bylaws, no such amendment shall require notice to or approval by any Member. 15.7 HUDN A Financing. If any Lots are subject to financing through HUD or Federal VA programs, there shall be no annexation of additional properties, dedication of Common Property, or amendment of this Declaration without prior approval of said agency or until the initial meeting of the Association. IN WITNESS WHEREOF, the undersigned being the Declarant herein, has executed this instrument this _ day of ,20_. SAGE DEVELOPMENT, LLC: By: DEVIAN AGUIRRE, Member STATE OF OREGON ) ) ~ COUNTY OF JACKSON ) On this _ day of ,20_, personally appeared the above- named DEVIAN AGUIRRE, Sole Member of SAGE DEVELOPMENT, LLC, Declarant herein, and acknowledged the foregoing instrument to be a voluntary act. Before me: Notary Public for Oregon My Commission Expires: Declaration -21- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 :J.. J ~ REC;]VlO EXHffiIT A " c(<' ", .._'i / n,,\ ,.0pr.1ent Beginning at a point on the north line of Donation Land Claim No. 40 in Township 39 South, Range 1 East, of the Willamette Meridian in Jackson County, Oregon, said point being 929.3 feet East of the northwest comer of said Claim; thence East along said Claim line 444.97 feet; thence South 6000' West 329.81 feet to the north line of Otis Street in the City of Ashland, Oregon; thence West along the said street line 558.50 feet; thence North 328.0 feet, to the north line of said Claim; thence East along said Claim line 148.0 feet to the Point of Beginning. Account 10047551, Levy Code 5-01, Map 391E04 BC 400 Declaration -22- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET " J ClI ASHLAND. OREGON 97520 c:;1C.-/ (541) 482-3111 FAX (541) 488-4455 EXHIBIT B REC:::'I\/ED \', . ,'" t>y":: '",; ~,".\' ..,"_itJrnent The Common Property, as depicted on the Official Plat for Helman Springs Homes, a Planned Community, recorded ,20_, as Plat No. Instrument No. in the official records of Jackson County, Oregon. LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 Declaration -23- ~:J.O WETLAND MAINTENANCE SCHEDULE Addenda to Declaration of Covenants, Conditions and Restrictions for Helman Springs Subdivision Wetlands FOR: HELMAN SPRINGS SUBDNISION Duties of the Association. The Association shall have the obligation and duties subject to and in accordance with this Declaration to do and perform the following acts for the benefit of its members and for the maintenance of Area A and B Open Space. (a) Area A Open Space of Helman Spring Subdivision consists of a large natural wetland with additional mitigated wetlands adjacent to it. The purpose of the wetlands maintenance program is to ensure the long term success and function of the existing natural and created wetlands on Area A. All maintenance established herein is the responsibility of the Association. A landscape maintenance firm shall be contracted by the Homeowners Association to perform maintenance as needed and as per schedule. Specific activities shall include; 1) semi annual trash and debris cleanup, 2) annual removal of selected non-desirable plant species, as determined by a wetland specialist or other qualified professional, to help satisfy the success criteria specified in the state approved created wetlands mitigation plan and, 3) periodic inspection of culverts, walls, etc, with an eye toward avoiding potential flow obstructions, capacity reducers, etc. All maintenance activities shall be documented to assist with the state required five-year monitoring repots. Rr-" "'1\ !'C'"D t:'v L v t:. J~, ./;)07 Wetland Maintenance Schedule For Helman Springs Subdivision Wetlands 1 .;2. 8.-1 C.;y .,.: jj _ 1:]'>.- ,,;;':',Jrnent SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS FOR: HELMAN SPRINGS SUBDNISION RE(~LJ\/ED THIS DECLARATION made this _ day of Sage Development Incorporated. ,2007, by .-1.,'1,. RECITALS Cf/ ",: I. ,{ , <,., , l(.;l')rnent 1. WHEREAS, Declarant is the owner of the real property described in the Exhibit "A" attached hereto and by this reference incorporated herein as the "Property", and desires to maintain wetland in accordance with the Permit Number approved by the Oregon Department of State Lands ("Department"); 2. WHEREAS, Declarant desires to provide for the preservation and enhancement of the wetland values of the property and for the maintenance and management of the Property and improvement thereon, and to this end desires to subject the Property to the covenants, restrictions, easements and other encumbrances hereinafter set forth, each and all of which is and are for the benefit of the Property. 3. WHEREAS, Declarant is recording this Deed Restriction as a supplement to another set of Covenants, Conditions, and Restrictions applicable to the Property. This supplementary Declaration is recorded only for the purposes of wetlands maintenance responsibilities in compliance with all applicable wetlands permits. NOW, THEREFORE, the Declarants declares that the Property shall be held, transferred, sold conveyed and occupied subject to the covenants, restrictions, easements and other encumbrances hereinafter set forth in this Declaration. ARTICLE 1 DEFINITIONS 1.1 "Declarations" shall mean the covenants, restriction, and all other provisions set forth in the Declaration of Covenants and Restrictions. 1.2 "Declarant" shall mean and refer to Sage Development Incorporated, its successors or aSSIgns. 1.3 "Removal fill permit" shall mean the final document approved by the Department that formally establishes the wetland mitigation and stipulates the terms and conditions of its construction, operation and long term management. 1.4 "Property" shall mean and refer to all real property subject to this Declaration, as more particularly set forth in Exhibit "A". The conservation area is identified on Exhibit B. ARTICLE 2 PROPERTY SUBJECT TO THIS DELCARA TION The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Jackson County, Oregon and is more particularly described in Exhibit "A". Supplemental Declaration of Conditions; Covenants and Restrictions For Helman Springs Subdivision Wetlands 3 ~~~ REC~t]\lED ARTICLE 3 GENERAL PLAN OF DEVELOPMENT (1.(: "'" :.:: .,ment Declarant currently manages the site for the purposes of wetland mitigation. Current management is in accordance with Permit Number ARTICLE 4 USE RESTRICTIONS AND MANAGEMENT RESPONSIBILITIES The property shall be used and managed for wetland mitigation purposes in accordance with Permit Number Attached as Exhibit C. Declarant and all users of the property are subject to any and all easements, covenants and restrictions of record affecting the property. ARTICLE 5 RESOLUTION OF DOCUMENT CONFLICTS In the event of any conflict between this Declaration and Permit Number shall control. the permit IN WITNESS WHEREOF, the undersigned being Declarant herein, has executed this instrument this _ day of , 2007 Sage Development Jackson County, Oregon By: Devian Aguirre ST ATE OF OREGON ) ) ss: County of Jackson ) This instrument was acknowledged before me on the _ day of , 2007 by the President of Sage Development Incorporated, Devian Aguirre in Jackson County, Oregon. Notary for State of Oregon My Commission Expires: Supplemental Declaration of Conditions; Covenants and Restrictions For Helman Springs Subdivision Wetlands 3 ~ :lJ Supplemental Declaration of Conditions; Covenants and Restrictions For Helman Springs Subdivision Wetlands 3 ;;).:J 'f RECEIVED ~/j } \ ' ':0:0; ....... .'.... ""~ ..,: Co' .. 0.",....;:opment R"-"-""T'r;::' ''''. .h!,.I.,O -- ,..I~-~ ..' .i..... Vi ',' C(t,"i~li..d" .~: L-~ '.l,j~;;..)pment BYLAWS OF HELMAN SPRINGS HOMES OWNERS ASSOCIATION AN OREGON NON-PROFIT CORPORATION ARTICLE I ASSOCIATION MEMBERSHIP 1. Definition of Terms. All definitions contained in the Declaration of Covenants, Conditions, and Restrictions for HELMAN SPRINGS HOMES, a Class I Planned Community, recorded herewith, shall be considered incorporated herein. 2. Membership. Every person or entity who is a record owner of a fee simple or life estate interest in any Lot within this Planned Community which is subject, by covenants of record, to assessment by the Association, and as defined in the Declaration, shall be a Member of the Association. The Declarant may become a Member through record ownership of the aforementioned estates. If due written notice is given by a contract seller or purchaser to the Association, the contract purchaser shall thereafter be deemed and considered a Member and solely entitled to notice and participation in the Association in such instance. No person holding an interest in a Lot solely as security for the performance of an obligation shall be entitled to membership. Membership shall be appurtenant to, and may not be separated from, ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. Membership shall automatically commence upon a person's acquisition of ownership and shall automatically terminate when such ownership shall terminate or be transferred. 3. Suspension of Membership. During any period in which a Member shall be in default of the payment of any regular or special assessment levied by the Association, as set forth below, the right of use of the Common Property by such Member may be suspended by the Board until such assessment has been paid. Such rights of a Member may also be suspended, after notice and hearing before the Board, for a period not exceeding 60 days, for each infraction of any Rule or Regulation which has been established and published by the Association concerning the use of the Common Property. Bylaws -1- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation "I'" t::'" 515 EAST MAIN STREET r?\. ",.;J ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 rr--. f"-- P'I' .' 'it::t.,;:,;, vLD ,~.. '" .~I . . L i ARTICLE II POWERS OF THE ASSOCIATION ',...."!: Ce.:'.: " U.';,. .cJi..ment 1. The purpose of the Association is to serve as a means through which the Members may take action with regard to the administration, management, and operation of the Planned Community. The Association shall have the following powers: a) Adopt and amend the Bylaws for the Association, and the Rules and Regulations governing the use of the Living Units and the Lots; b) Adopt and amend budgets for revenues, expenditures, and reserves, and collect assessments from Members for common expenses and reserve accounts; c) Hire and terminate managing agents and other employees, agents, and independent contractors; d) Defend against any claims, proceedings, or actions brought against it; e) Initiate or intervene in litigation or administrative proceedings in its own name and without joining the individual Members in the following: 1) Matters relating to the collection of assessments and the enforcement of governing documents; 2) Matters arising out of contracts to which the Association is a party; 3) Actions seeking equitable or other non-monetary relief regarding matters that affect the common interests of the Members, including but not limited to the abatement of nUIsance; 4) Matters relating to or affecting Common Property, including but not limited to actions for damage, destruction, impairment, or loss of use of any Common Property; and 5) Any other matter to which the Association has standing under law or pursuant to the Declaration or Bylaws. f) Make contracts and incur liabilities; g) Property; Regulate the use, maintenance, repair, replacement, and modification of Common Bylaws -2- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Prolessional Corporation ,., ~ / 515 EAST MAIN STREET '.. ~ ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 REC;EiVED ~I;: 'f..) C<i;"~" I' '","!~' ';..:;prnent h) Cause additional improvements to be made as a part of the Common Property; i) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, except as is otherwise provided in the Declaration; j) Property; Grant easements, leases, licenses, and concessions through and over the Common k) Modify or discontinue the use of any Common Property, regardless of whether the Common Property is mentioned in the Declaration, provided that: 1) Nothing in this paragraph is intended to limit the authority of the Association to seek approval of the modification, closure, removal, elimination, or discontinuance by the Members; and 2) Modification, closure, removal, elimination, or discontinuance, other than on a temporary basis, of any swimming pool, spa, or recreation or community building must be approved by at least a majority of Members voting on the matter at a meeting or by written ballot held in accordance with the Declaration or Bylaws. 1) Impose and receive any payments, fees, or charges for the use, rental, or operation of the Common Property and services provided to Members; m) Adopt rules regarding the termination of utility services paid for out of assessments of the Association and access to and use of recreational and service facilities available to Members and, after giving notice and an opportunity to be heard, terminate the rights of any Members to receive such benefits or services until the correction of any violation covered by such rule has occurred; n) Impose charges for late payment of assessments and reimbursement of attorney fees related to the collection of assessments and, after giving written notice and an opportunity to be heard, levy reasonable fines for violations of the Declaration, Bylaws, and Rules and Regulations if the charge imposed or the fine levied is based on a schedule contained in the Declaration or Bylaws, or an amendment to either that is delivered to each Member, mailed to the mailing address of each Member or mailed to the mailing addresses designated in writing by the Members, or based on a resolution of the Association or its Board of Directors that is delivered to each Member, mailed to the mailing address of each Member or mailed to the mailing addresses designated in writing by the Members; 0) Impose reasonable charges for the preparation and recordation of amendments to the Declaration; Bylaws -3- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Prolessional Corporation "l"1 515 EAST MAIN STREET d\ (/"\ ASHLAND. OREGON 97520 (541)482-3111 FAX (541)488-4455 RECU'/ED \"" ' Cc ., _ _ . ,.ment p) Provide for the indemnification of its officers and the Board of Directors and maintain liability insurance for Directors and officers; q) Assign its right to future income, including the right to receive common expenses assessments; and r) Exercise any other powers necessary and proper for the administration and operation of the Association. 2. a) Before initiating litigation or an administrative proceeding in which the Association and a Member have an adversarial relationship, the party that intends to initiate litigation or an administrative proceeding shall offer to use any dispute resolution program available within Jackson County, Oregon that is in substantial compliance with the standards and guidelines adopted under ORS 36.175. The written offer to use such program must be hand- delivered or mailed by certified mail, return receipt requested, to the address, contained in the records of the Association, for the other party. b) If the party receiving the offer does not accept the offer within 10 days after receipt by written notice hand-delivered or mailed by certified mail, return receipt requested, to the address, contained in the records of the Association, for the other party, the initiating party may commence the litigation or the administrative proceeding. The notice of acceptance ofthe offer to participate in the program must contain the name, address, and telephone number of the body administering the dispute resolution program. c) If a qualified dispute resolution program exists within Jackson County, Oregon, and an offer to use the program is not made as required under paragraph a) of this subsection, litigation or an administrative proceeding may be stayed for 30 days upon a motion of the non- initiating party. If the litigation or administrative action is stayed under this paragraph, both parties shall participate in the dispute resolution process. d) Unless a stay has been granted under paragraph c) of this subsection, if the dispute resolution process is not completed within 30 days after receipt of the initial offer, the initiating party may commence litigation or an administrative proceeding without regard to whether the dispute resolution is completed. e) Once made, the decision of the court or administrative body arising from litigation or an administrative proceeding may not be set aside on the grounds that an offer to use a dispute resolution program was not made. f) The requirements of this subsection do not apply to circumstances in which irreparable harm to a party will occur due to delay or to litigation or an administrative proceeding initiated to collect assessments, other than assessments attributable to fines. Bylaws -4- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation "l ~ t7 515 EAST MAIN STREET ~ C ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 REC:..:iVED A,;,.:,' ....\., ARTICLE III MEMBERSHIP MEETINGS Co ;' [)'"'' ,.:OiJment 1. Initial/Turnover Meeting. Within 60 days of such time as the Declarant has conveyed 75% of the Lots to purchasers other than Declarant, the initial meeting of the Association shall be convened by the Declarant, for the purpose of turning over administrative responsibility of the Association to the Members. Each Member shall be notified of same as provided hereafter regarding annual meetings. At the initial meeting, the first order of business will be to elect the Board of Directors, which shall assume administrative responsibility immediately thereafter. The Declarant shall at that time provide the following to the newly elected Board: a) The original or a photocopy of the recorded Declaration, these Bylaws, and the Articles of Incorporation of the Association of the Planned Community and any supplements and amendments to the said Declaration, Articles, or Bylaws; b) A deed to the Common Property in the Planned Community, evidencing or providing for the transfer of the Common Property from the Declarant to the Association; c) The minute books, including all minutes, and other books and records of the Association and the Board of Directors; d) All Rules and Regulations adopted by the Declarant; e) Resignations of officers and members of the Board of Directors who are required to resign because of the expiration of any period of Declarant control; f) A report on the present financial position of the Association, consisting of a balance sheet and an income and expense statement for the 12-month period or a period following the recording of the Declaration, whichever period is less; g) All funds of the Association and control of the funds, including all bank records; h) All tangible personal property that is property of the Association, and an inventory of the property; i) Records of all property tax payments for the Common Property to be administered by the Association; j) Copies of any income tax returns filed by the Declarant in the name of the Association, and supporting records for the returns; Bylaws -5- LAW OFFICES OF DA VIS, HEARN, SALAD OFF, BRIDGES & VISSER A Professional Corporation " ~ 515 EAST MAIN STREET ~ t:1 ASHLAND. OREGON 97520 . , (541)482-3111 FAX (541)488-4455 RCC:f::P~v~ED ~'i:: " k) All bank signature cards; Ce">,,,. > "f.', t _ . ,'.. .:vnlen 1) An operating budget for the portion of the Planned Community turned over to Association administration and a reserve budget for replacement and maintenance of the Common Property; m) A copy of the following, if available: 1) The as-built architectural, structural, engineering, mechanical, electrical, and plumbing plans; 2) The original specifications, indicating all subsequent material changes; 3) The plans for underground site service, site grading, drainage, and landscaping together with cable television drawings, if any; 4) Any other plans and information relevant to future repair or maintenance of the Property; and 5) A list of the general contractor and the electrical, heating and plumbing subcontractors responsible for construction or installation of Common Property; n) Insurance policies; 0) Copies of any occupancy permits issued for the Planned Community; p) Any other permits issued by governmental bodies applicable to the Planned Community in force or issued within one year before the date on which the Association assume administrative responsibility; q) A list of any written warranties on the Common Property that are in effect and the names of the contractor, subcontractor or supplier who made the installation for which the warranty is in effect; r) A roster of Members and their addresses and telephone numbers, ifknown, as shown on the records of the Declarant; s) Leases of the Common Property and any other leases to which the Association is a party; t) Employment or service contracts in which the Association is one of the contracting parties or service contracts in which the Association or the Members have an Bylaws -6- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation "\' ~,., 515 EAST MAIN STREET -"' :;)" ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 RE(~t~i\/ED ~,' ;. 'I( , G'__" \.c. .r .:"(",;':. u<~'.' ',:Jp;nent obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service; and u) Any other contracts to which the Association is a party. If the Declarant fails to convene the meeting within the time specified, the meeting may be called, and notice given, by any Member or first mortgagee of a Lot. Until the initial meeting of the Association, all affairs of the Planned Community shall be controlled by the Declarant. 2. Annual Meetings. The initiaVtumover meeting shall constitute the first annual meeting of the Members of the Association, and the Declarant shall preside. Future annual meetings shall be held on the anniversary date of the first annual meeting. At all future meetings of the Association, the president shall preside. 3. Special Meetings. Special meetings of the Members may be called by the president, by a majority of the Board, or upon written request of at least 30% of the Members. Notice of such meeting must be hand delivered or mailed to each Lot not less than 10 nor more than 50 days before the meeting. Business transacted at a special meeting shall be confmed to the purposes stated in the notice. 4. Notice of Meetings. Written notice of each meeting of the Members shall be given by the secretary to each Member, by personally delivering, faxing, or mailing a copy of such notice, at least 10 days, but not more than 50 days, prior to such meeting to the Members' addresses or fax numbers last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of this notice. Such notice shall specify the place, day, and hour of the meeting, and, in the case of the special meeting, the purpose of the meeting. It shall also state the items on the agenda, including the general nature of any proposed amendment to the Declaration or Bylaws, any budget changes, or any proposal to remove a Director or officer. Notices shall be similarly delivered to all mortgagees that have requested such notice and each may designate a representative to attend the meetings. 5. Votes and Proxies. At all meetings of Members, each Member may vote in person, by absentee ballot, or by proxy. All proxies shall be in writing, executed by the Member and dated and filed with the secretary. Every proxy shall be revocable and is deemed revoked one year from execution if not revoked before. Each Member shall be entitled to vote on the basis of one vote per Lot. If a Member holds title to more than one Lot, that Member shall possess more than one vote. An executor, administrator, guardian, or trustee may vote, in person or by proxy, at a meeting ofthe Association with respect to a Lot owned in a fiduciary capacity, so long as the secretary is satisfied as to the fiduciary's appointment. Co-owners of a Lot shall share one vote, and may vote or grant a proxy in the absence of protest by the other co-owner(s). Any disagreement between co-owners concerning the vote will either result in the vote being disregarded in its entirety, or a court may establish the authority of co-owners to vote. Bylaws -7- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation ~ 8 515 EAST MAIN STREET r:If'I ASHLAND. OREGON 97520 I (541) 482-3111 FAX (541) 488-4455 R,.......,..l\ .'ED ,:,c;.;; Ii- ~:I :\ , . ( Co. "" . ::""i.'mer.t 6. Quorum; Binding Vote. The presence at the meeting of Members representing a majority of the votes of the membership, the use of proxies being permitted, shall constitute a quorum for any action except as otherwise provided in these Bylaws. In the event of a deadlock between the Members with respect to any matter to be decided by the Members, the Board will continue to act and operate the Planned Community in a manner consistent with the status quo prior to the submission of such matter to the Members and such matter must be submitted to arbitration in accordance with the Declaration. 8. Actions Taken Without Meeting. a) Any action that may be taken at any annual or special meeting of the Association may be taken without a meeting if the Association delivers a written ballot describing each proposed action to every Member that is entitled to vote on the matter. The Board must provide Members with at least 10 days' notice before written ballots are mailed or otherwise delivered. If, at least 3 days before written ballots are scheduled to be mailed or otherwise distributed, at least 20% of the Members petition the Board for secrecy, a written ballot must be accompanied by a secrecy envelope, a return identification envelope to be signed by the Member and instructions for marking and returning the ballot. Written ballots that are returned in secrecy envelopes may not be examined or counted before the deadline for returning ballots has passed. A written ballot shall set forth each proposed action and provide an opportunity to vote for or against each proposed action. b) Matters that may be voted on by written ballot shall be deemed approved or rejected as follows: 1) If approval of a proposed action otherwise would require a meeting at which a certain quorum must be present and at which a certain percentage of total votes cast is required to authorize the action, the proposal shall be deemed to be approved when the date for the return of ballots has passed, a quorum of Members has voted and the required percentage of approving votes has been received. Otherwise, the proposal shall be deemed to be rejected; 2) If approval of a proposed action otherwise would require a meeting at which a specified percentage of Members must authorize the action, the proposal shall be deemed to be approved when the percentage of total votes cast in favor of the proposal equals or exceeds such required percentage. The proposal shall be deemed to be rejected when the number of votes cast in opposition renders approval impossible or when both the date for return of ballots has passed and such required percentage has not been met. The votes may be counted from time to time before the final return date to determine whether the proposal has passed or failed by the votes already cast on the date they are counted. Bylaws -8- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Prolessional Corporation ,., ~..., 515 EAST MAIN STREET .-( ? "'- ASHLAND. OREGON 97520 (541) 482-3111 FAX (541) 488-4455 RECEIVED , i ~;. . (\)'-"":;' ...' ..~ ' ''''Jri'',ent c) All solicitations for votes by written ballot shall state the following: I) If approval of a proposal by written ballot requires that the total number of votes cast equal or exceed a certain quorum requirement, the number of responses needed to meet such quorum requirement; and 2) If approval of a proposal by written ballot requires that a certain percentage of total votes cast approve the proposal, the required percentage of total votes needed for approval. d) All solicitations for votes by written ballot shall specify the period during which the Association shall accept written ballots for counting, which period shall end on the earliest of the following dates: I) If approval of a proposed action by written ballot requires that a certain percentage of the Members approve the proposal, the date on which the Association has received a sufficient number of approving ballots; 2) If approval of a proposed action by written ballot requires that a certain percentage of the Members approve the proposal, the date on which the Association has received a sufficient number of disapproving ballots to render approval impossible; or 3) In all cases, the date certain on which all ballots must be returned to be counted. e) A written ballot may not be revoked. 9. Robert's Rules of Order. a) Meetings of the Association shall be conducted according to the latest edition of Robert's Rules of Order published by the Robert's Rules Association. b) A decision of the Association may not be challenged because the appropriate rules of order were not used unless a person entitled to be heard was denied the right to be heard and raised an objection at the meeting in which the right to be heard was denied. c) A decision of the Association is deemed valid without regard to procedural errors related to the rules of order one year after the decision is made unless the error appears on the face of a written instrument memorializing the decision. Bylaws -9- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation "" ~3 515 EAST MAIN STREET (JJI. .:J ASHLAND. OREGON 97520 (541) 482-3111 FAX (541) 488-4455 REC::!VED 'Vi.: . ARTICLE IV BOARD OF DIRECTORS en;' llor~t 1. Number. The affairs of this Association shall be managed by a Board consisting of at least three (3) Directors elected by the Members. 2. Election of Directors and Officers. At the fIrst annual/turnover meeting, the Members, by majority vote, shall elect one Director for a term of one year, one Director for a term of two years, and at least one Director for a term of three years. At each annual meeting thereafter, the Members shall elect a Director to fIll the position of any Director whose term has expired. Subsequent to the fIrst annual meeting, each newly elected Director's term shall be of three year's duration. The Director elected to the one year term shall serve as president of the Association; the one to the two year term as treasurer; and, one Director elected to the three year term shall serve as secretary. Following the expiration of the Association's fIrst fIscal year, the treasurer shall succeed to the presidency and the secretary to the treasurership. Thereafter, the Directors shall rotate among these offIces in the above order. 3. Removal. Any Director may be removed from the Board, with or without cause, by a majority vote of the Members of the Association. No removal of a Director is effective unless the matter of removal is an item on the agenda and stated in the notice for the meeting. Any Director shall also be considered suspended from the directorship for such period of time as that Director's Association membership is suspended pursuant to Article I above. In the event of the death, resignation, suspension, or removal of a Director, his or her successor shall be elected by the Association membership, and shall serve for the unexpired term of the parting Director. 4. Compensation. No Director shall receive compensation for any service rendered to the Association as a Director. However, any Director shall be reimbursed for actual expenses incurred in the performance of duties. 5. Qualification. To qualify for participation on the Board, each Director shall be a Member in good standing of the Association and shall be current in his or her assessment payments account. There are no restrictions upon a Director's re-election. 6. Duties. Duties of the specifIc offIcers ofthe Board are as follows: a) President: The president shall preside at all meetings of the Board; shall see that orders and resolutions of the Board are carried out; shall as circumstances require, sign all leases, mortgages, deeds, contracts, instruments of conveyance, or any other written instruments pursuant to the instructions of the Board; and shall perform such duties of the other Directors as circumstances may require from time to time. Bylaws -10- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation ", 3 '-I 515 EAST MAIN STREET f:1I,.. ASHLAND, OREGON 97520 , (541) 482-3111 FAX (541) 488-4455 R'-C ""'\ !~'''D ~ .,t--,~..' t~ , f vL\ . t-<> 0:.."_ ,:),"jl!" 'it b) Secretary: The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; serve notice of meetings of the Board and of the Members; keep current records showing the membership of the Association, together with addresses; perform such other duties as required by the Board; and serve as president ofthe Association in the event of the president's absence or incapacity, pending the election of a successor. c) Treasurer: The treasurer shall receive and deposit, in appropriate bank accounts, all moneys of the Association, and shall disburse such funds as directed by resolution of the Board; shall sign all checks and promissory notes of the Association; shall keep proper books of account; and shall prepare an annual budget and statement of income and expenditures to be presented to the membership at its regular meetings. ARTICLE V DIRECTORS'MEETINGS 1. Regular Meetings. Regular meetings of the Board shall be held monthly or, at the election of the Directors, quarterly, and shall be held at such place, date, and hour as may be fixed from time to time by resolution of the Board. In order to meet in executive session (without Members present) the Board shall first vote in an open meeting whether to meet as such, except in the case of an emergency. If the Board votes to meet in executive session, the president shall state the nature of the action to be considered and, as precisely as possible, when and under what circumstances the deliberations can be disclosed to Members. All other meetings of the Board of Directors shall be open to all Members of the Association. Executive session shall be appropriate for the following: a) Consultation with legal counsel concerning the rights and duties of the Association regarding existing or potential litigation or criminal matters; b) Personnel matters, including salary negotiations, and employee discipline; and c) The negotiation of contracts with third parties. 2. Emergency Meetings. Emergency meetings of the Board shall be held when called by the president, or by any two Directors. The meeting and notice requirements in this section may not be circumvented by chance or social meetings or by any other means. 3. Quorum. A majority of the Board shall constitute a quorum for the transaction of business. Every act done, or decision made, by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. Bylaws -11- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Prolessional Corporation ~ ~ 5"'" 515 EAST MAIN STREET ~ ;) ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 RECEPJED \;1 ;\'~ C:C"". ,;" 'j~~ C\:., ,~' _'{Jcoent 4. Notice. For other than emergency meetings, notice of meetings of the Board shall be provided to all Members. Such delivery may be by hand delivery or by fax no less than three days prior to each meeting, or may be made by regular mail no less than five days prior to each meeting. Emergency meetings of the Board may be held only with actual notice to each Director and may be conducted by telephonic communication. For all emergency meetings held without notice to the Members, the reason for the emergency must be stated in the minutes of the meeting. The Board shall maintain a current mailing list of all Members. 5. Robert's Rules of Order. a) Meetings of the Board of Directors shall be conducted according to the latest edition of Robert's Rules of Order published by the Robert's Rules Association. b) A decision of the Board of Directors may not be challenged because the appropriate rules of order were not used unless a person entitled to be heard was denied the right to be heard and raised an objection at the meeting in which the right to be heard was denied. c) A decision of the Board of Directors is deemed valid without regard to procedural errors related to the rules of order one year after the decision is made unless the error appears on the face of a written instrument memorializing the decision. ARTICLE VI POWERS AND DUTIES OF THE BOARD OF DIRECTORS 1. Powers. The Board shall have power to: a) Recommend to the membership at annual or special meetings administrative Rules and Regulations governing the details of the maintenance, operation, and use of the Lots and Common Property. Said Rules and Regulations shall be adopted by majority vote of the Members, the use of proxies being allowed, and amended in similar fashion. Once adopted, said Rules and Regulations shall be published and distributed to all Members. b) Exercise all powers, duties, and authority not reserved to the membership by other provisions of these Bylaws, so that Association business and affairs may be effectively managed on a daily basis, always exercising the care required of fiduciaries. c) Employ such person, persons, or corporations as it may deem necessary for the proper administration, management, and maintenance of the Common Property and affairs of the Association, as well as to obligate the Association to reasonable compensation for same. Any such contract shall provide for termination upon 30 days written notice, with or without cause, and shall not be for a term in excess of three years. Bylaws -12- LAW OFFICES OF DAVIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation " ~ I 515 EAST MAIN STREET (71. :;;I'" ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 R~"""'i"I' '-D t..: -. "1'" ,.. __ -.....Il-_ 'I( L.. \,1 " ;;(! . ~mFJ!lt d) Borrow money for Association purposes, and on behalf of the Association, provided that such liability shall not exceed twice the Association's monthly assessment income unless the Board has first obtained the approval of75% percent of the Association membership either at a special meeting convened for that purpose, or at a quarterly meeting. 2. Duties. It shall be the duty of the Board to: a) Cause to be compiled a record of all acts of the Board and Association affairs, and to present a statement thereof to the Members at the annual meetings of the membership; b) Supervise all officers, agents, and employees of this Association, and to see that their duties are properly performed; c) Within 90 days after the end of the fiscal year, distribute to each Member, and to each mortgagee upon written request, a copy of an annual fmancial statement consisting of a balance sheet and income and expense statement for the preceding fiscal year, as well as the current operating budget. Additionally, the Board shall timely prepare or have prepared all necessary income tax returns for the Association. d) As more fully provided herein, adopt an annual budget and fix the amount of the regular Lot assessment at least 30 days in advance of the close of the Association's fiscal year. Written notice ofthe budget and regular Lot assessment shall be sent by regular mail to every Member at least 30 days in advance of the close of the Association's fiscal year. e) Issue, upon demand of any Member, secured party, or bona fide purchaser, a certificate setting forth the state of the Member's assessment account. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; f) Upon written request of a prospective purchaser, make available for examination and duplication, the most recent financial statement and current operating budget of the Association; g) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; h) Maintain all Common Property in a clean and orderly state, repair or replace Common Property as it deems appropriate, and correct any dangerous conditions which may be discovered upon the premises. The Board shall be responsible for payment of the expenses incurred thereby and may delegate such authority to the treasurer who, in such event, shall submit payment vouchers for the Board's ratification at each regular meeting; Bylaws -13- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation f'l ~ 1 515 EAST MAIN STREET (?\ ~ ASHLAND, OREGON 97520 (541)482-3111 FAX (541) 488-4455 R'-r"'-" "-0 ~.:.\.~,~~ )~. ;\! C'U; " . L,)' '\ "^j)rnerit i) Enforce, among the Members and the Association in general, any and all restrictive covenants to which the Members and the Association may be lawfully subject; j) Furnish a copy of the Statement of Planned Community Information, if any, created in accordance with ORS 94.667, within 14 days after receiving a written request from a Member, the Declarant or a prospective purchaser. k) File an Annual Report with the office of the Oregon Secretary of State Corporation Division, and pay such fees as are required for the maintenance of the corporate filing of the Association Articles of Incorporation. 3. Insurance. At least annually, the Board shall review the insurance coverage of the Association. The Board shall procure insurance for all insurable improvements in the Common Property against loss or damage by fire or other hazards, including extended coverage, vandalism and malicious mischief. The insurance shall cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard if the insurance is available at reasonable cost, as well as a public liability policy covering all Common Property and all damage or injury caused by the negligence of the Association. Premiums shall be a common expense of the Association and the policy may contain a reasonable deductible and the amount thereof shall be added to the face amount of the policy in determining whether the insurance equals at least the full replacement cost. Each Member must maintain the equivalent insurances respecting that Member's property from the point at which it bears improvements. The insurance maintained by the Association shall not be brought into contribution with insurance policies purchased by Members or their mortgagees. The Board shall obtain, if reasonably available, insurance policies which provide for a waiver of subrogation by the insurer as to any claims against the Board or any Member or guest of a Member. The policies shall also contain a waiver by the insurer of its right to repair and reconstruct instead of paying cash. The policies shall further provide that they shall not be canceled, invalidated or suspended because of any action of a Member or of a Director, officer or employee of the Association unless the insurer gives the Association a prior written demand that the Association correct the defect and allow the Association a reasonable time to make the correction. Further, any "other insurance" clause in any policy shall exclude from its coverage all Members' policies. ARTICLE VII COLLECTION OF ASSESSMENTS 1. Payment of Regular Monthly Assessments. Regular monthly Association assessments shall become due and payable on the first day of each month. In the event of nonpayment by the 10th day of each month, the treasurer shall notify each Member of that Member's failure to remit the assessment to the treasurer. Such notification shall be written and delivered personally to the Member or mailed or faxed to same at the address to which notices of meetings are mailed. Bylaws -14- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation "'1 ~ e/ 515 EAST MAIN STREET ~ :l 0 ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 488-4455 REt~Erv [D vi, C'11';' ,,;;-:1E:nt 2. Request for Accounting. At the request of any Member, the Association shall provide a written statement of the Member's account within 10 business days of receipt of the request. The statement shall provide amount of assessments due and unpaid, interest rate on assessments unpaid and late payment charges accruing. The Association need not comply with such a request if it has commenced litigation against the Member, and such litigation is pending when the statement is due. 3. Special Assessments. Special assessments as assessed by the Board shall be paid and collected in a manner specified by the Board at the time the assessment is made. 4. Default. Failure by a Member to pay any assessment ofthe Association shall be a default by such Member of his or her obligations pursuant to these Bylaws and the Oregon Planned Community Act. In addition to the interest which may be charged on delinquent assessments, the Board, at its option, may impose a late charge penalty in respect to any monthly assessment not paid within 10 days from the due date. Such penalty may not exceed the sum of 10% of the monthly assessment. The Association shall be entitled to a lien which may be enforced upon compliance with the provisions of the Oregon Planned Community Act. In any foreclosure suit by the Association with respect to such lien, the Association shall be entitled to the appointment of a receiver if the Member is generating rent from the Unit. 5. Attorney Fees. Members shall be obliged to pay reasonable fees and costs including, but not limited to, attorney fees incurred in connection with efforts to collect from that Member, any delinquent unpaid assessments. In the event suit or action is commenced by the Directors for the collection of any amounts due pursuant to these Bylaws or for the enforcement of any provisions of the Declaration, Bylaws or of the Oregon Planned Community Act, the Member or Members, jointly and severally, shall, in addition to all other obligations, pay the costs of such suit or action, including reasonable attorney fees to be fixed by the trial court and, in the event of an appeal, the cost of the appeal, together with reasonable attorney fees in the appellate court to be fixed by such court. ARTICLE VIII BOOKS AND RECORDS The books, records, and papers of the Association shall at all times be retained within the state of Oregon, and shall be subject to inspection and duplication by any Member or mortgagee during reasonable business hours. The Declaration, Articles of Incorporation, Rules and Regulations, and these Bylaws, along with all amendments or supplements thereto, shall be available for inspection and duplication by Members, mortgagees, or prospective purchasers at the principal office of the Association, and copies may be purchased at a reasonable cost. In particular, the Association shall maintain a copy of the most recent financial statement, and the current operating budget. Bylaws -15- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation " ~ 6 515 EAST MAIN STREET "';;;-/ ASHLAND, OREGON 97520 (541) 482-3111 FAX (541) 4884455 RE:C';~=;\/[:D \~ ,'r ARTICLE IX AMENDMENTS c\"",' .. :. ),.ment Amendments to these Bylaws may be proposed by a majority of the Board or by at least 30% of the Members of the Planned Community. The Bylaws may be amended, at annual or special meetings of the Members, by an affirmative vote of not less than a majority of all Members, in person, by proxy, or by written ballot. Any such amendment shall not be effective until a copy of the Bylaws as amended, or the amendment thereto, certified by the president and secretary of the Association as having been adopted in accordance with the Bylaws and applicable law, is recorded in the official records of Jackson County, Oregon. CERTIFICATION The undersigned does hereby certify that the undersigned is the Declarant of HELMAN SPRINGS HOMES, a Class I Planned Community, and that the foregoing Bylaws constitute the original Bylaws of HELMAN SPRINGS HOMES OWNERS ASSOCIATION. SAGE DEVELOPMENT, LLC: By: DEVIAN AGUIRRE, Member STATE OF OREGON ) ) 9 COUNTY OF JACKSON ) On this _ day of , 20_, personally appeared the above- named DEVIAN AGUIRRE, Member of SAGE DEVELOPMENT, LLC, Declarant herein, and acknowledged the foregoing instrument to be a voluntary act. Before me: Notary Public for Oregon My Commission Expires: Bylaws -16- LAW OFFICES OF DA VIS, HEARN, SALADOFF, BRIDGES & VISSER A Professional Corporation " I J 0 515 EAST MAIN STREET eo<' ..., ASHLAND. OREGON 97520 (541) 482-3111 FAX (541) 488-4455 ~ ::;: :-'\) -'\) ~Q1 C;1 C;1 ""..... ~ ~ <1>' "'g. :;;:Cl 'P2J <1> ~ ~~ ~~ ~tU' ~ 1il" -:>,; ~ ;;? '" - ~ ;;? ~..... " ~~ ~ ~ E >>- '>. " ""- ~ I ~ c... 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I ~ .-- a -. ~M p c; ~ "" Q~ ~ '" ~ a' ;::; 2+52.43, 12.5' LT., EVC '" .".-- a T.C.= 178914 -;-; ",,,, Y> ,. ~'" " ~ ~g (;) "'~ :::: '" '"' '" ~ i!i ~ '" ~ TOP OF CURB 125' RT l;)()::O() 8~~~ ~~~~ ::tV1~C: ~~~" ~:::!\;-' r-o~~ t'l<:QI"') ~a~2 ~~I~ '" ~i:: 8~~ "'.-- !Jr-~ ~~'" 8:::!~ ~~~ ~~~ ~~~ ~V1r- Il> CENTERLINE TOP OF CURB - 12.5' LT. Cll "" Cll C> ex; o, Cll "" Cll o, Cll a Cll "" Cll o, 5.0. \ \ I I C> i- g EXIST. IIIV 111= 1779.8Jc NEW INII IN= 1779.80 0+1766, 32.44' RT.,.BCR T.C = 1783.74 L 0+ 12.00 BEGIN NEW AC PAVEM[NT MATCH EX'ST. AC F.G.=1783.63x r .... 0+37.66, 12.5' RT., ECR T C ..;:.; 1784 45 0+37.8.'L-'-LJ':.JT., BCR TC.....178445 CJ -0 !\i " ~ \ \ \ \ \ \ \ \ \ I I \ 1+52.43, BVC FG.=1787.84 Cl ;u o c z o ~ C) ;u o c z o I () '" z -; '" ;u r Z '" 1+5243, 12.5' RT., BVC T.C.=1787.89 0+ /J.87 (ALL[Y STA), \ 4.5' RT. S.O. MH 12 \ \ \ \\ :z:! 1\1+79.17 ORAG[R -0 ~~ I I STREET = 0+00 ALLfY ~ ~ -0 -0 I F G.= 1788.52 _ PJ '" ~ ~ I I 2+02.4J ~~~~~ 1 Q II II ~r- I F G = 1788.90 ,; _ "," ~ I ("')~..... It II I ~~"'-I ~-l:..i-~ ..l..4~();i I ~~I I \ \ \ 2+52.43, EVC \ F.G.= 1789.09 I I '" i- a C> \ I I I I I \ I I I I 2+52.43, 12.5' RT., EVC T C. = 1789.14 I \ I I I I I I I I I I I I I ECR I C> .... CF) ~i ~ ~~ tr1 ~t1i ..., , '" '" i- C> a '3+40, 12.5' RT., MArCH LlN[ I T C = 1788.70 ~~';: '"'''' - i!" ~ .--,",,,, I!'> a'" ~~~ ~~ a i% ~ ",' :~~ - ~ "'" ou. ~~ ~." "'0 0'" '" -I ~ ~y, "" :z:'" 00 ~ " <J:::Olt}O ~~~:': ~~~~ c:: ;to, "'" . -'~'" ~~-'! "" '" i::tu :-"I ~~ ~ -. o ~ If> o '" x Vi :-< ~ \Q o <: ~~;' '"'''' - ~ ~ ,--,",o, ,'-" 0"'. ~~ t;; ,,'" ~r-c.: (;;':1 ~. ;-t~:-l "'- ~ p ~ ~ <: ~ :b. '" ~ N -"; - -R/W -R/W ---------~- OW" -::.iJ..".,-- -w--- ----w-- -w~ STREET -- SD- - 50- ': ~O M ! ~ :-tl o~ 8~ o~ ~ ~ ~\j ~ ~ ~ :::J;5 ~ ~\ Q ~ I r;; \ i ~~ \ I , f< ~ \ ~~ ~ ~ 't '" 0i1 8 " ~ \ t:3 " ___~_ ___I '" i:> 0 ~ '" '" u; '" '" ~ i- '" 0 I M '" '" Cj I ~ 1+7 0 J+oo - --+-- - -~ "'''' :ti- ~~ ""~ CJ :t .-- ~ , ~ :g 'i.l .-- .-- \~ '" " ." <0 u; '" ~ '" i- t: ~ c- o "' o, <OCo"l.,I\,)......~ ~ :'1:-,,~:-r.~:'1:'1~:-r..:'1(")('")()t::l gg~gggggggr-r-f-~ . . . . . . . . . . 0 3+40. MATCH LlN[ F.G.~ 1788.65 3+40, 125' LT., MArCH L!N[ T.C ~ 1788.70 ~l\,)o;~<o::t~I\,)t\)~a~~ . 9tO.....Pu,.....\Q99~~_t:l ~~~~~~~~gg~t~~ ex; '" " '" '" C>; "" ~ ~ '" ex; "" ex; o, TOP OF CURB - 12.5' RT. CENTERLlN[ TOP OF CURB - 125' LT ~ '" ~~~~~~~~~~~t~~~ ~~g~~::l;~~~::~~~~ ~ q~~~~~~d~~5~clt'l~ 8t;......CQ~~~~~~Q)~03..~ ti ...~ ~ .... ....... ti ~ ~ ..... ui ..... -.." ~ ~ o. '1 I~c; ~ I I~"". -. ~ . -1\)-l".l.,......I\JJ\:l.............('J ~~~~~~~~E~~:~~ Co... <00 "P\il.,..P\J....t\J. 1Ot::;l ~~~~2g~~~t~g~2 d<";dl\i":<";":",d",~L,;",?6 C.....Oll.O....ln<QCQ.......lQlQc.",.l::) c) c:i ,,; 1\:; c:i ..... c:i c:5 In" vi 1\.)" t..i t\i OC:l"OO'l-l..!....~"OI\)IO~ ~<>l~~<>l<>lr>1<>l~~~<>l<>l'"' ::r:: rTJ r $: (j :;0 ,'") rrl Z :n rrl lJ> !i! ::;: rn "- }> 0 en -; ,- "- r.' IT' 0 0 '. '-J }> < --j "' rrl , m "- -0' i,l , 0 '" -(., ,~ "- N 3 0 '-... (1) " ;:!. GJ G~ '-... ~~ N l/) 0 :r: '" 0 l\J fTl ~~ --..j ~ ~ 6~ '" " '" '" ~~~2? ~~t~~~ :-rt""il)O "icu~"'-1:: ~oC)d~ - \)It) - ~~~f;1~:o ~~(;j" ~.~ ~ ~CbC) r." .to ;j~ _: f!I:g~ ~~~ ~ "'l' ~,.. ~~ " " ~ l "'" 0' <:0 <:' ",!'> 'L ",," 0' ,.. ~;-i (;j " Q: '" Q: ... ~ '" ~f) !': "' o ;. '" o 0-96. 11.6' liT CONNECT TO EXISTING 8" WATER / B" TAPPING SLeEVE, 8" TAPPING l,.~L\/E, THRUST BLOCK. SAMPLE TREE. TEMPORAHY BLOWOFF POINT 0-00.6, 1.5' LT. EXIST. 5.5. M.H. RIM= 1784.02 INV OUI=11Itl.4lot NEW INV IN~ 1778.62 I \Ii J--- 1_ -R/W --- -R/W ~ \ \ \ \ \ <) + '" 0 c a \ z a 0 \ ~ \ ?S r'1 \ '" r Z r'1 I I \ ~ \ <> \ ~ 1+14.20, 4.6' LT. \ 5.5. MH #1 ~ RIM= 1188.21 tt, INV IN= 17 2.26 '" /NV nUT=17R? OR <> I \ ~ I '" ~ I ;. .. a <> ~ a I :::;;; I .... Cf) ~i ~ I ~~ tr, I j!t"rj 1 ...., \ I \ a '" .. I in I '" ,.. :., I ~ '" '" 0 '" 0 ;. ~ a a '" ~ " '" " '" 00 Q: '" "' ~~ '" OJ a "' 0 ~ " -f>. '=; "," ~ m "' Cil Cil ~ ~ 2 0 ~ " a .. '" ~ ;li " 'D ~ ~ '" w- -w- ~ '1'" ~:t --z----=- --=-SS.= "" ,." ~.'J ~- ~~ ,,'U ,~ - \:" N ! I I ~ ~I i! " 6 " " , ~ ... t " ~ " ~I " ~l ,.. ;., Cf) \ \; ~ ~ g~ '" ....., II' \ t>t ~ ~ -w~ -w- -w~ -w~ -w- --w- -----w.-~ -w- -w- \ -~ I I'. STREET \ --55- SS ss---. &6 ~S-----i$-- ~ ~ []]]]CB ------- \ ~ ~-\., '" \ \ "") 00 \ \ ." '" \ ~~ 'I}, :< <: 5 1€9 \ <J ..., ::; \ \ , [?> '" '" ~ I- I I ~ -...--- 11+00~, ...J8~)_W.~"'\s_ ~ '" 5 \ 'U''> t ~~ <0 ..., 1+264 SSL ,.. '" ,;, 0 \ a" to ..., 8Y1 '" \ ;; ~ ;. '" '" '" '" .. I \ CJ ,.. " :' VI l \ ~ -- - - - -.,. '" 10' P.UE. \ / - ~ I a- ;.;. 8~ e ,.- ,..'J I ~~ ~~ "'" ~- -T S~ a q~ _Ol~ ~ ~~ I VJ '" " in '" 'iJ <:VJ I ;. <>};! ;;:; '" ,.. f:l ~~ P ,.. ~ ..., '" '" I- e" " ~<: I '" VJ '" " I~ I Roo;? "; ~ ~ a ,'" C) ,- I r'" '1 C) ~ '" ~i ~ VJ ~ ,. "; ..., f:l "..." '" c; =<; ~ <0 '" c:: " ii VJ "" '0 '" '" ...,,,, ~ M1 PJ " ~~ f:l '" ~ '" ~ ~ ~' ~'U f:l " " ..., ~ ~ n ;U r'l Z "'M r'l ....., ~ f' 'f J> {) , 0 c: J> <:~~ -1 r'l f'" ,;-' :. " ~ 0 N :J ....... ill :l G-' .... ~g ....... N 'l!~ 0 "," 0 \2" -...j ~~ GJ '" ~~ TOP OF CURB - 12.5' RT CENTERLINE cil ;;; cil cil ;;; <0 ~ '" '" .... '" , 3+40. 12.5' RT., MATCr! liNt 3+40, MATCr! LINE I T C. ~ 1 788.70 F. G. ~ 1788.65 I ~ J ~ I I 3+7608, 125' RT. BVC 3+76.08, BVC T C. = 1788.52 1 F.G.= 1788.47 \ \ \ \ ) I J \ 4+2608 F G.~ 1788.59 4+7608, 125' Ri. EVC T C. = 1789.52 ) I I \ \ \ 4+7608, EVC ) F.G. ~ 1789.47 '" oj. c;, c;, 4+87.27. 9.5' RT. S.O MH /3 R1M= 1789 46 INV 1."1= 1785 79 JNV ()/JT= 17R,r).S9 ~ I \ I I I .. \ \ \ \ \ I, I \ \ \ .., ~ ~ ~ o c: ~ <3 -" 'ii ') ~ Q) oj. 8 ;;:; i." "tJ .... ,',' Cf} ~~ ~ ~I ~ i>tr1 ...., I , o '" 6+50.67, 1;:.5' RT S. O. C.I. #3 INV 1."1-1788.95 INV OUT = 1788. 75 6+7317.32.51' RT.. ECR T C ~ 1794 90 o~ ~ ~ ~ -"~~oi:O a~ ~:d3~ ""'1~....<:C) tr)l;'jaC'l ~. ~O~ ~~~Y1~ ~~~~~ ~I"l) II ( Ctl~~ M~ 'l! ~ \ '--- \ '= ~c:=r--<2+. 95.2.8, 13.87' RT. ----.- S.D. Mr!. /4 .'?/M= 1794.8 ~t;. ,WV IN=1790.21 . !NV OUT = 1 789. 22 @'>, !'>O ",'I " <:;; ~ '" ~ '" cil '" TOP OF CURB - 12.5'.'?T. ;;0 fTl Z fTl '" 0 ;:;:: " ,. )> CD -I .- " P' 0 CJ " )> [? ---I ~ ~: fTl ~ 0> " N 2 0 '-..... " ~ '" LN !;; 'l! '-..... 'U ~ N M 0 0 ~ 0 ~ ~ .. ---J ~ TOP OF CU.'?B - 12.5' U cil .... cil '" 'J <0 '" 3+40, 12.5' LT., MATCr! LlN[ TC. = 1788.70 , I \ 3+76.08, 12.5' LT, BVC T.C.=1788.52 r-r- 00 -"-",,,., ""~~ n,Vl......~ o ~i.!~-l !=)" Vl!'1 o. U 11 ~~ ~ ~t 11 II ~~~- ~~~~ 0lt 3+92.7, 12.5' LT. SO. C.I. #2 T.C. 1788.48 \ INV OUT= 1786.07 \ \ ) I I I \ I \ '\ ::J 0 ~ 'l! " <> ~ ~ " '" ~ 0 ~ " ~ ~ ~ \ \ \ \ \ <3 -" 0 ~ 'I ~ " ~ ~ r- <> :0 0 ~ 0 ;;:; i." \ \ \ \ \ \ \ l. ""- r- .... EVe r- ~ I "" r::: 6+53.26, 12.5' L",- ECR T C. ~ 1793.95 t:+ 76.29 [NO NEW AC PAVEM[NT AlA TCI! EXIST AC -----.-------- FG =1794 48'" \ 6+86.29 ,- CENTE.'?LlNE OTIS ST I '" '" ""<.. ~~ ,,!'> ;......."-.i [7 " o ~ o '" 11 '" 0- "tJ ~ ::.! "', " c OJ ~~ U> <'1" "'''' "'0 z'" -, U> -, -0 j;; Z " 6 '" ~;g ~~ "'-I "'i'" ~ r- o .... <:;; , ,., o 'I ;;:; I ~ l-~-- ~ ", lI) "- " r::: "\ "'- ~ '" ~ "" 'J \i \ \ s .... I ;:: ~N ~ r-;- - ~- -- ---I 0) ~ " "'-, l::rl, r- I .... oj. .... <0 ~ rl, " r- ~ ~I <:;; I 0 5 ~~ , L 'I .... 'I <:;; :0 ~ I~ Y> .... " <:;; I~ "" ['l \:, I I ;;:; -J'lJ- ,., ,- -~ r- o .... 'J 5' 5' 7' .5' 5 .... '" o 'I <:;; :0 :; Y> '" 5+~7.6 N L~ ~~ o ~ ~ ~~ ~ ~ ~ Cf} ;d ~~ "''-3 " " q r- o .... ~ 5 -; '" r- o .... .. <> .... '" r- '>, ~ <:;; Y> " \ ..... 6+73.26, 32.46' U. BC.'? \ T. C ~ 1794 63 \ 'J ~ 'J <0 '" 'J <0 '" ~ CENTERLINE TOP OF CURB - 12.5' LT. ~ '" ~ ':," '('" ~..t ;/, .'. ':.. ~. , " -~-~,. J. 3 (]) ~ :0 :; 'J " o)lr!~~ ~ ~8~~8~8~~~~~ f)f)f)f)f)f)f)f), , , f) ~~~~~~~~~~~~ 22~&l~~g;~~22~ .?: ~~~~~~~~~~~~8 .l..l~Cb"'-.lCo!\)""'-"'l..lCbC)~ (..",,~<.o"'-.l!\)_l.C)_ClOl~ );! ~Cb----<.oto-"""l() ctl O<O----OQ--q /'"'" ~~~~~~~~~~~~~ ~~tt:~t:~t:~~t:t:tlf ~ . . . . . I . . . I . r:: :0 FJl () ..,.., ,,' < m o ~~lg~~t5~~~~~C) U\.V.OtUltrl........l1l~~~ ~~~~~~~~~~~(lJ ~~;:~~..~~~~~~~;,~i~ ~ r./r./o?o?r./r./.?o?o?r./.?<> ~~~~~~~~~~~~ ~~:g~~~2~~~~~ .._____J \ \ \ \ \ ~ \ <::> ~ I ~ I '" t1-J I <::> I \ '" ~ \ -I- ~ \ g .... <::> ~ \ ::lj \ II' ]1' t.J) i; ~ \. 2~ ~ \ ....., \ \ I \ <::> '" .. .. -I- <::> <::> lh -I- <::> <::> l1' D D "- :>; ;0 CD ,. "- f':1 " 0 Z " ... -0 ~ '::- 0> Z "- c '3 " to ~ '" " :r: (T] Ul ~ ~ .. Q! '" 'J <0 '" '-' If <>: '" " <::> ;:; '" r- :" Cl '\ '" \ Q~~ v:::j . ~~~ ~~~ i;lY>~ II ~ -1110 ~~~ ~~ <Or- ~ <:;; '" ~'1 Q P '" <::> :.. \ \ \ ) I I \ \ \ ) c; --. 4+86.28, 9.1' LT. SS MH /2 H1M~ 1789.60 INV IN~ 1784.3 !NV OUT ~ 1784. J (-1- -- "'''' OJ:-I- S~ "'~ - - - <'1 OJ: ~ \ ~ I~ I '" I'" --. ~ C; I~ --. '" " l:: ~ 6+7 cr, 8' LT. CON CT TO EXISTING 6" 0.1. WATER 6" TAP,!!~G SLEEVE, 6" TAPPING VALVE, 8"x6" REDUCER, THRUST fLOCK, 8" POI. Y PIG, DISIN~ECTIDN TREE Q! '" 'J <0 '" :;j '" n AJ f'l Z f'l ::;;: )> C- O }> -4 1" ~ ( U >, i; * ~ '" 1\ N ~"- G.l ." N o o '-J [?> <:;; <::> c- O .... Ci: Q; "'.. (,,-!- ~U~ . '" ;t!=o ~~ "'. r- -- ~ I .. '" (" I I >q r- ~ 1 -: ;-i ~X 'C,) . ~ '. ~) \, '\ 'f :-1l0.(!.. "" .V ~q;;, '"'\ > <::",,,, ",\ 'q S2 ~ ~ ',", ~<::>. -t- '" g'i2!3 \ ,,~~ ~ . \ c:; 5' PUE .. --- "-- - - - - ----- '" 'J "'. .. -I- !" -I- '" .. .. I Q;, ~ lh " " ~ 1~ ~ ~ '" ~ 12 c; --. 'J " '" l:: ~ 5+b4.6 SSL M ! q '1J c: r" ;::; ~ ~ ~ ~ ~ ~ ~ ::lj V) ~ ~~ ~..., " '" q \'l ~ I ~ ~l :, ~I ==[J c; --. ~ ---l ~ I ~ _. ~ I u; ;-i 'l:. >; "', Co '- 'J ~ :>: i'1 '" CENTERLINE TOP OF CURB .. 12.5' RT. ~ ~ 0:: <0 0:: <0 '" ~ ~ '" '" ~ <0 '" ... '" a .,. a a 0+00, 12.5' RT T C. ='/788 57 0+35.78, 72.5' RT., F.G.= 7790.72 1+74.20, 4.6' LT. (ORA,~ER STREET STATION) ).s. MH 1 RIM= 7 788.27 lNV IN= 7782.26 INV OUT ~ 1782.06 .,. a a 0+99.23, 72.5' RT T.C ~ 1792.89 \'+07.23, 725' RT., TC~1793.05 (J> 00 '-. " ;0 co .... " '-. r':1 ::E 0 z: '" ~ ':::: \ '-." Sl 0> ;0 '-. I z 0 c !;;; '" " ... ~ V1 .,. 6 a I z a ." V1 '" '" I ." ~ I 0:: ~ ~ '" ... CENTERLINE a '" .,. a a ;g ~ ~ ~ l""r1 ... I c ~ t-< -- t-< (~. t'lJ ~~' '"< "'''' Q"l ~~ ~ I a '" L; .,. a a ::r: [T] r ~ > (fJ Z p~ >;:0 Zz 00 Ot/l ;:o~ oeo 00 Ul Z< ' "lJffi3.t:l ~ ;0 6~~ ~ 0 ~ P-~ LIl_~g- -~ltQ< It.. r - 0 '" ~g 1(1 m ~ :J ~_' '-f "i' <DC> ~i3 Ul:r: ~~- ~~ ~o oS: ~ fTl...... ~... V.J ~ ~ IX> g; \II \II 0 !':> ;:;. '" ~ \II P 0 Cl ~ 2+20 77. I2.RA.o.i 850.K. ,,"(;:;;779235 ... ~~g2;Jtw AC PAVEME'!T MATCH BACK OF S/~_ FG... 7792.50 ~ '" ::u rr1 Z rr1 ::;;: > r o > --j rr1 J:~ C18 "lJ"1lJ::...... $:s;~~ ~U)~<: ~i;!-t"-1 II It i35 C> ' ~+- 11 II ~~+- ~~;2~ ~~ ~I=O- :;0: tSl ~ ~ ~ ~ 2~ ~ :l""r1 ~~ ('1 :u :'[1 ) 'c '" ;:) <ll ;:l. i;:i a '0 a i::J:!: L; " i::6:J ~ "'" :t- ," a 160 " .... '" ~~ ""0 ~ =<~ .1J " h' -. ~ V1C ~;t <0 "'''' ~~ """" "'''! '" :-< C; -. 7+25.6 SSL 1+296 SOL '" :t- o, ~ '" c- O -. '" '" L; 2+44.3 SSL 2 +48. 3 SOL C; -. _5S- <os,~..- - SS--=-as "- \ as-- . ~ "'\:! ~C) 0:-< ~~ Y> _05- c- O -. L; 8 '" '" K1 ~ " ,. ~ '" :'1 r- 0 }.:: ~ ~:=:: o ,;; ~ ." 'a '" V1 ~ , !:> i;j '" '" y, c- S; '" '" V1 !:> 0 ~ 2+44,3 SSL 2+48.3 SOL ~ ~ >-.::: 2+72.0 SSL 2+76.0 SOL 8 ~ :g 16 ~ =< C; -. " c- ~ It)f\) -!l. 0~ ~~ J:' . ... "". "'", -. i ~... t o,'" '" c- a(. 0 1<0 -. ~ en V1 I !:> '" ~ ~ ~ ~~ ~.r- --- - ~ V1 J: S V1 .. '" . :t DRA CER .. ... Co ----~ () c ~ ,.,,0 oC:: ~0 ~~ 85; u~2 ;'1~ N:r:> <D '" qOM 0,." o. Cl 0" 0, ",0 ",r ~~ "'0 V10 . r UJo 0;0 00 0", ~l ~ ~,l I1l ~, + C) C) '^' + c:. c:. ::r: tTl r ~ 1;;>- ::r:Z rCll >-" ;:0 Zz 00 OCll ;:0 (f) tTlC OO:J ~S2 < @ f': U ;g ~ ~ tl"] I C) ;j Ci) a V) ;J ~ -j Y1 ~b .. a ~ i2 ~ ~ ~ ::tj 2 ~ s;>o ~Y:> Y"2 I a '" ; I I I I ! I I I I I I I~ i~ I ~ I ~ l> I r- ~ I ~ a / \l I ~ i;1 I i!! I ~ I I I I I I I I I J~ I I I 4+53.14 04' 5.5 Mri UA RT. RIM= 1 t944~ INV IN= 178 NEW I 9.99 NV OUT= 1787 99 _ I 4+00.48 y" . __~_ 5.0 M' f{/ F1IM= 1 '.H. #~ I w 7941f - . V IN= 1790 2 !NV OUT = 1 789122 '\4+70~ ''j- .Lb 22-' 55. MH ./ LT. RIM= 179'4 t INV IN- . J INV -1787.66 OUT=1787.46 i>J Do ~ 'J "' '" '" a C) ~ .. .. I I I I II ~l 2+8774 ' EXIST' s.'< 0.4 RT i'M- i 796.1 ~H NV IN-l"92 NEW '-NV ' ,02 OUT=1791.80 ~ ~ ~ C) ;j CiS '" Cr; ~ ~ -j Y"2 ~b ~ ::--i 2~ :~ ".~ t't~ t: r- :'1 a ." Do Y> Y> @ i>J Do I I I I I I , , I I I I I I I I I J+12.85 9' S.D. M.H RT RIM= 1795!5 (FLAT-TOP) ;~~ IN= 1792.69 OUT= 1792. 19 ~ '" ~ a c;; a .. ~ '" ~ 't I I ~__ rl ! rJ;1 ~. J 11 . -no f I: r I~, - ~r ~~w--ll' I f I, I' i I~ : "I ,! ~ I ~ I; I~ d! I ~ "I ~:' I ,II ' I. I ,; , iJ "i. ~, I~ II ' ~rr- -t I~ : Ii I ----;1 , ~, rl~!l r 1" ,I' .Q I 51 III I~' II. I! iL ~ /.' 11" ,I: '1'1 ~. I ~ ,I: H- -l1~1~ ~. 1-, I ~ 1~ /'1 -0 ' I J II I 1 11 i i !tIlL : I I ...., 'l~ II I:: ~ II! I "F#='t ~~ -"'W~ .,' _ ~ GIF;~ G J i I t c; I .' i ~~ I ~" II; 1:0' I~ '~~"l~' " _ ;Jf" ;: ~;: : t i .' f'1 ." ~, 't ~ ~'" I 1 I' I r- IY/IIOIY~' [~1~1jP+ _1.,,11,;, "I ~ STJ?T:;;;:;-tL; I .1'. :, 2 "'r. 'I':" I !, "-- I'''~,J ::.~>> _ I Fi I ," I " I ii' ~il ~ ~ ~ I: ~ ~ II L! }> Q' .Y> ~ h ~ -i-J I~:!~::' I _ "1 " 'i:: !'.> ~ "'. 'l!q:'I: ~ C/) z ~ IllS:,~": ;3 @ II ~ ~ 0) o!: ~ " I~ I,: '"-3 ~ IllS',! 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II -1 L____-'- ::--v , -'I "1 I .-......- -~ --------,----,----- / / CWM SITE PLAN / WETLAND MAP Re0sedperfinalweffand delineation by DSI #06-0387 'J, Fill and Mitigation Proposal Total Proposed Fill Wetland 1, 4211s.f. Wetland 2, 446 Wetland 3, 442 Total ar.ea in Buffer Zone Wetland 1, 2893 s.f. Wetland 3, 111 s.f. Total Required Mitigation Wetland 1, 7,104 s.f. x 1.5 = 10.656 Wetland 2, 446 s.f. x 1.5 = 670 Wetland 3, 553 s.f. x 1.5 = 830 Total Available Mitigation area adjacent to Wetland 1 Area A - 7785 s.f. Area 8 - 840 s.f. Area C . 3795 s.t. Total Required Mitigation 12,156 Total Adjacent Mitigation Proposed 12,420 s,f. Total area Mitigation Required 12,156 ~ ~ i!F g. - -'" ~ co '" SAGE DEVELOPMENT LLC HELMAN SPRINGS SUBDIVISION 247 Otis Street Ash/and, Oregon Northwest Biological Consulting Habitat Restoration / Planning 324 Terrace Street Ashland, OR 97520 Ph/Fax (541) 488-1061 ~ a- !S is" !till ~ ~. $'\ Q" '" " ~ ~ "'ii!' , KenC:::\~ : Sager . 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C '"'I ~ $11 ~ ~ ~ ~ .01 "" '- ~ -I:::.. ~ L- !;r.~'Wl\ ~ Ken Cairn ~~' f1 s \~ ~ij ager · ;~ ~' Landscape ~~l l<\~ Architects, Inc, ~ n ~'b...~ SAGE DEVELOPMENT LLC HELMAN SPRINGS SUBDIVISION 247 Otis Street Ashland, Oregon 545 'A' STREET, SUITE 3 ASHLAND, OREGON 97520 PH, (541) 488-3194 FAX (541) 552-9512 ~ ,~ ~'~~ . 1 ~ ~()~ ~,~ ~~. ,~~ ~,~ ~ 8' is ~ Public Hearing Request & Public Comments PA 2007-00455 ~ 1/ This is a written request for Planning Commission public hearing for PA 2oo7-()()455. Grounds for reversal or modification are violations of AMC 18.88.030(B)(5)(g), et alia. Art Bullock 791 Glendower St. Ashland OR 97520 Monday, June 4,2007 \-{ t-' ~'-C' I f-- f '-~ "l n . .f ~...... , , lilY O! no.:.\. ]Field Q('.''';''8 [llXH...\li. ~7~ Glenn Street Developn _ .,nt Appeal, Helman Springs Dev~ Hearing art bullock to Planning Commission, Tue 2007Jun12 Glenn Street Development Appeal City council's decision last Tue 2007 Jun5 has major implications for you as Planning Commissioners. 1. Council withdrew their own appeal, exposing you. Council decided to withdraw their own appeal on Glenn St project, and let your decision stand. That fully exposes you and your decision. For the first time in history, far as i've found, Ashland Planning Commission may be before lUBA. Your shenanigans may now receive a full legal review by lUBA and appellate courts. Normally, you folks are protected by a de neuvo appeal to council. By starting over, a de neuvo ("new") appeal remedies some of your procedural errors. Not this time. . Council saw potential errors in your decision, appealed your decision themselves, held a full public hearing, and voted 3-3. Mayor's tiebreaker approved. Then last week, when time came to approve findings, they got cold feet and withdrew their own appeal. In so doing, they committed several legal errors. 2. Commissioners may appeal their own decision. Council explained, based on Appicello's advice, that by withdrawing their own appeal, they wanted to avoid lUBA bias proceedings. lUBA is an appeals board, and doesn't hear original evidence. Bias is an exception. lUBA may grant full evidentiary hearing, with affidavits and depositions, which are complicated and expensive. Planning Commissioner Mike Morris filed a bias claim against 2 councilors. This might give Mr. Morris standing to appeal GOuncil's decision and allege bias to lUBA. Since council withdrew their appeal, this could mean Mr. Morris has standing to appeal his own decision, since he voted FOR the project as Planning Commissioner. Confused yet? There's more. Historic Commissioner Jerome White also spoke at Council's publiC hearing. Mr. White may now have standing to appeal a project he voted to approve as Historic Commissioner. 3. LUBA may review Appicello's "magic words". You folks were just trained in bias procedures, though your training was inadequate. Appicello has you repeat a "magic words" phrase which supposedly cleanses you of all bias. Unfortunately for you, Council, and Historic Commission, no magic words or herbal potions or witch's brew alters the fact of the bias. lUBA follows tt. JW. SO should you. With Morris's and my bias claims, lUBA may now review your allegedly illegal procedures for ex parte, bias, and conflicts of interest. Thanks to Appicello's advice, you and council are both exposed. It's like a 2-for-1 sale. 4. LUBA may review your variance decision. Of all the decisions to use in your LUBA debut, this one is a classic. Your Glenn St decision may have made legal history. Research so far shows that for the first time in Oregon history, an applicant got a variance they said they didn't want or need. Most of you, thankfully not all, voted to give the project a variance, though it clearly failed the self-imposed test-- the applicant submitted a building design needing no variance. lUBA takes a dim view of variances, and rightly so, since some Planning Commissions pass them out like lollipop favors, giving variances to friends and not others. LUBA may shake their heads when they read this one. 5. LUBA may review your setback decision. For Glenn St project, you decided to violate a hard-and-fast law requiring a 20' setback for buildings on an Ashland arterial. At the hearing, then-chair John Fields explained the Planning Commission had ignored this law for decades. Not years, decades. It's hard to say whether lUBA will laugh or scream when they read Planning Commission's long-established position on the setback law. Maybe they'll do neither, and simply remand your allegedly illegal decision. Helman Springs Development Hearing Given you're center stage at lUBA, now would be a good time to improve your procedural integrity. Especially with a new PC chair, John Stromberg. Here are 5 positive and constructive requests for your next hearing:- Helman Springs on Tue 2007 Jul1 O. 1. To improve transparency, put scanned documents online as they're scanned, not at the last minute. Adams Hanks said he's already scanned Helman Springs file, yet it is not available online. You should. direct staff to put Helman Springs documents online immediately. Staff should put documents online as they're scanned, not at the last minute. Stopping this delay tactic increases transparency ....a.e~~~~ 7 -day record extensions, and improves yod1aeaftfJHtV ~ 1.J JUN 1 2 2007 City of Ashland Community Development 2. Send notice to all parties to th ,utline Plan. Planning Dept failed to send notice of Helman Springs Type 1 final hearing to 3 prior appellants. A hearings request has now rescheduled the hearing for the entire peon Tue 2007Ju110. You should direct staff to send notice of the Final Plan hearing to everyone, as interested parties, who was a party to the Outline Plan. 3. Make the findings decision on hearing night. In the past, you make a decision one night and approve findings later. There's no reason you can't do both the same night. Put all parties' proposed findings on the document camera, and select/edit as you need to. The current process allows staff to write new findings after the decision. Appicello consistently creates new findings not discussed or decided by the decision body. To stop the dysfunctional process of staff writing findings not discussed prior to the decision, you need to do the findings rather than allowing staff to control them and create them after the fact. 4. Schedule findings earlier in the session. Staff schedules findings decisions, motion to reconsider, etc. at the meeting end, where you're pressured to rubber-stamp staffs recommendation and go home. This tactic hurts credibility. You would improve credibility if you decided findings before the decision, since Oregon law requires you to make a decision based on the facts that you find. You folks do it backwards. You make the decision, then staff writes up facts to base it on. 5. If there's a 7..c1ay record extension, schedule your decision on 2007Ju124, not 2007Aug14. If last-minute submissions necessitate a 7 -day record extension, ask the applicant to waive 1 day of their 7-day response (if necessary) and schedule your decision for Tue 2007Ju124 rather than Tue 2007Aug14. July is a 5- Tuesday month, so this saves 3 schedule weeks. Your procedural errors have delayed Helman Springs several times. You have a chance to improve timeliness for this and future projects and live within the statutory limit of 120-days to make the decision. 6. Conclusion. By better scheduling of deliberations and findings decisions, and by using timely public notices and putting scanned documents on the web to decrease need for record extensions, you can significantly reduce costs and wasteq time for developers and planning applicants. This document, containing facts and allegations, is submitted\f9f.the record in Glenn Street Development and Helmart;'Springs Development. ~1f Notice of Public Meeting June 12, 2007 ~7-, ~.w ._~ Planning Department, 51 .llburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us lTY: 1-800-735-2900 CITY OF ASHLAND PLANNING ACTION: PA-2007-00455 SUBJECT PROPERTY: 247 Otis St OWNER/APPLICANT: Sage Development LLC DESCRIPTION: A request for Final Plan approval under the Performance Standards Options Chapter 18.88 to subdivide the property into 18 lots for new single-family homes, including one lot containing the existing structures on the site, for the property located at 247 Otis St. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-SP; ASSESSOR'S MAP #: 391E 04BC; TAX LOT: 400 NOTE: The Ashland Tree Commission will review the project's landscaping plan on June 7, 2007 at 6:30 p.m. in the Community Development and Engineering building located at 51 Winburn Way. ASHLAND PLANNING DEPARTMENT STAFF PRELIMINARY APPROVAL: May 24.2007 ASHLAND PLANNING COMMISSION HEARINGS BOARD MEETING: June 12.2007.1:30 PM DEADLINE FOR REQUEST FOR A PUBLIC HEARING: June 4. 2007 I _J L J r-- -- L. , PA #2007-00455 ~ 247 OTIS ST e SUB::l.':.~~ PROF'':.~TY ,\ I . . >, - -'<(, J: t-- ;WI 1m , - - -;tS:. 1 ::;1 !W 1- l. \ ,- 1 i_ , _.1 -, " 1- .OTIS ST 1 -1- --7 I / I- I I t-i I 001 I...... , -'!Wl------ .a::: i ~I~-.__i I i<r i I ,...J I I i-- . i f---- -~' r -- -7 i N' -A~ I - - - Z'- --- I I 1 _ l__ The Ashland Planning Department Staff have preliminarily approved this request. This planning action will be reviewed by the Ashland Planning Commission Hearings Board on the meeting date shown above. The meeting will be at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon. NO PUBLIC TESTIMONY IS ALLOWED AT THIS REVIEW. Any affected property owner or resident has a right to request, AT NO CHARGE, a public hearing before the Ashland Planning Commission on this action. To exercise this right, a WRITTEN request must be received in the Planning Department, 51 Winburn Way, prior to 4:30 p.m. on the deadline date shown above.. The written request for the public hearing must include your name, address, the file number of the planning action and the specific grounds for which the decision should be reversed or modified, based on the applicable criteria. IF YOU DO NOT SPECIFICALLY REQUEST A PUBLIC HEARING BY THE DEADLINE TIME AND DATE STATED ABOVE, THERE WILL BE NO PUBLIC TESTIMONY PERMITTED. If a hearing is requested, it will be scheduled for the following month. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days atter the hearing. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or 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 Commission to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. 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 3~Oh-=}5.104 ADA Title I). If you have questions or comments concerning this request, please contact the ~1~J1lanning Department at 541-488-5305. G: 'comm-dev 'planmng' NotIces Mailed ..2007' 2007-00455 .doc FINAL PLAN APPROVAL 18.88.030 85 Criteria for Final Approval Final plan approval shall be granted upon finding of substantial conformance with the outline plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan shows that: a. The number of dwelling units vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten (10%) percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. c. The open spaces vary no more than ten (10%) percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outlinEl plan by more than ten (10%) percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this Title and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail t~.~.e that the performance level committed to in the outline plan will be achieved. g. The development co s with the Street Standards. (Ord 2836, S3 1999) ~ 71 G:\comm-dev'.planning\Notices Mailed\2007\1007 -00455 .doc CITY OF ASHLAND ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 12, 2007 CALL TO ORDER - Chair John Stromberg. sitting in for Pam Marsh, called the meeting to order at I :30 p.m. at the Ashland Civic Center, 1175 East Main Street, Ashland, OR. Commissioners Present: John Stromberg, Chair Dave Dotterrer Mil.:hael Dawkins Absent Members: None Council Liaison: Cate Hanzell, absent Staff Present: Derek Severson, Associate Planner Angela Barry, Assistant Planner Sue Yates, EXI.'Cutive SI.'Cretary APPROVAL OF MINUTES - To be approved at tonight's meeting. TYPE I PLANNING ACTIONS PLANNING ACTION: PA-2007-00798 SUBJECT PROPERTY: 80 Wimer St OWNER/APPLICANT: Thomas Peterson DESCRIPTION: A request for a Conditional Use Permit to construct an addition to an existing residence located at 80 Wimer St. and exceed the Maximum Permitted Floor Area for a single-family dwelling in the Historic District by approximately 22 percent. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential ZONING: R-1-7.5; ASSESSOR'S MAP #: 391 E05DD; TAX LOT: 8000. The Historic Commission did not make any recommendations at their meeting on June 6, 2007. This action stands approved. PLANNING ACTION: PA-2007-00445 SUBJECT PROPERTY: 247 Otis Street OWNER/APPLICANT: Sage Development LLC DESCRIPTION: A request for Final Plan approval under the Performance Standards Options Chapter 18.88 to subdivide the property into 18 lots for new single family homes, including one lot containing the existing structures on the site, for the property located at 247 Otis St. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-5P; ASSESSOR'S MAP #: 39 1E 04BC; TAX LOT: 400. This action was called up for a public hearing. PLANNING ACTION: PA-2007-00804 SUBJECT PROPERTY: 635 Lit Wy/1655 Siskiyou Bv OWNER/APPLICANT: Roderick Newton DESCRIPTION: A request for Commercial Site Review approval to convert the 932 square foot residential living space and 250 square foot garage of the mixed use building to commercial clinic use and construct a 1,000 commercial clinic addition on the south side of the previously approved commercial clinic use, bringing the total commercial clinic square footage to 5,442 square feet. The property is located in the Detail Site Review lone. COMPREHENSIVE PLAN DESIGNATION: Commercial/Single Family Residential ZONING: C-1/R-1-7.5; ASSESSOR'S MAP #: 39 1E 15AB; TAX LOT: 7300. This action stands approved. ADJOURNMENT - The meeting was adjourned at I :37 p.m. Respec~fi"~v submitted by. Sue Yates, Executive Secretary ~7g ATTN: LEGAL PUBLlCATIO (ANDREA) MEETING NOTICE NOTICE IS HEREBY GIVEN that the Ashland Planning Department preliminarily approved the following requests. The actions will be reviewed by the Ashland Planning Commission Hearings Board at 1 :30 p.m. on June 12, 2007 at the Ashland Civic Center, 1175 East Main Street, Ashland, OR. No public testimony is allowed at this review. Any affected property owner or resident has a right to make a written request for a public hearing before the Ashland Planning Commission prior to 4:30 p.m., June 4, 2007 to the Planning Department, 51 Winburn Way, Ashland, OR. Request for a Conditional Use Permit to construct an addition to an existing residence located at 80 Wimer St. and exceed the Maximum Permitted Floor Area for a single-family dwelling in the Historic District by approximately 22 percent. Request for Commercial Site Review approval to convert the 932 square foot residential living space and 250 square foot garage of the mixed use building to commercial clinic use and construct a 1,000 commercial clinic addition on the south side of the previously approved commercial clinic use, bringing the total commercial clinic square footage to 5,442 square feet. The property is located in the Detail Site Review zone at 635 Lit Way/1651 Siskiyou. A request for Final Plan approval under the Performance Standards Options Chapter 18.88 to subdivide the property into 18 lots for new single family homes, including one lot containing the existing structures on the site, for the property located at 247 Otis St. In compliance with the Americans 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 I). By order of the Planning Manager Bill Molnar Publish: 6/02/2007 Date e-mailed: 5/23/2007 Purchase Order: 72125 ~71 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 Mav 24.2007, I caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached Public Meeting 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 # 2007-00455.247 Otis St. ~ ~~htLA-, Sign re of Employee SIGNED AND SWORN TO before me this 24th day of May, 2007. Notary Public for State of Oregon My Commission Expires: l!" ~ - 0,;"l:ICIAL SEAL 1:i 30SWELL NOTAR\ PUBU~GON COMMISSION NO. 391525 ~SlON E~ d~ES APR. 07, 2009 ~"..,...,,~ ,{ ftJ G:lcomm-devlplanningIForms & HandoutslAFFIDAVIT OF MAILlNG.doc Impression antibourrage et it skhage ra~ide Utilisez Ie gabarit 5160. PA-2007-0045539IE04BCII03 ALSING ALLEN A TRUSTEE ET AL 970 W ALKER AVE ASHLAND, OR 97520 PA-2007-00455391E05ADI39 BLACK ROBERT HENRY TRUSTEE ET AL 744 PALMER RD ASHLAND, OR 97520 P A-2007 -00455 391 E05AD508 COCHRAN JOSEPH F/BARBARA A 495 WILLOW ST ASHLAND, OR 97520 PA-2007-00455391E05AD137 ETTERS TERRY R/DEBORAH A PO BOX 954 KLAMATH FALLS, OR 97601 PA-2007-00455391E05AD501 HOLT REBECCA L. 300 OTIS ST ASHLAND, OR 97520 PA-2007-0045539IE05AD503 LANG JUDITH M 320 OTIS ST ASHLAND, OR 97520 P A-2007 -00455 391 E05AD 138 MCKENZIE MICHAEL TRUSTEE ET AL 6597 CANE LN VALLEY SPRINGS, CA 95252 P A-2007 -00455 391 E05AD 140 PATTON CLAY /LAURlE 265 RANDY ST ASHLAND, OR 97520 PA-2007-0045539IE04BCI100 TAYLOR ANNE C 492 WILLOW ST ASHLAND, OR 97520 PA-2007-0045539IE05ADI41 WOOD WANDA JO TRUSTEE FBO 275 RANDY ST ASHLAND, OR 97520 @09lS @AH5II\V ~ - www.avery.corr 1-8OO-GO-AVER - PA-2007-0045539IE04BC133 AMAROTlCO EMILE J/KAREN 195 RANDY ST ASHLAND, OR 97520 P A-2007-00455 391 E05AD 159 CHAMBERS CHRISTOPHER LISA TUREN LEAH J 590 ELIZABETH ST ASHLAND, OR 97520 PA-2007-0045539IE04BC132 DANNER BRYANT C TRUSTEE 821 BERKSHIRE FLlNTRIDGE, CA 91011 PA-2007-00455391E04BC503 FELGER CAROLEE I TRSTEE FBO 200 TOLMAN CREEK RD ASHLAND, OR 97520 PA-2007-0045539IE05AD500 JAFFE ROBERTA 344 OTIS ST ASHLAND, OR 97520 P A-2007 -00455 391 E05AD506 LIND LAUREN 332 OTIS ST ASHLAND, OR 97520 PA-2007-0045539IE04BC501 MYERS WILLIAM B/MARlE E 1711 VIEW PL MEDFORD, OR 97504 PA-2007-0045539IE04BCI102 ROBERTSON DENNIS TRSTEE FBO 531 N LAUREL ST ASHLAND, OR 97520 PA-2007-0045539IE05ADI65 TIERNEY CARYN L ET AL 295 RANDY ST ASHLAND, OR 97520 PA-2007-00455391E04BC504 WREN JOHN B JR ET AL 2261 SISKIYOU BLVD ASHLAND, OR 97520 .:2 <? / AH3^,,-o9-008-l IIln",(J~^P'MMM - ~ AVERY@ 5160. PA-2007-00455391E04BC134 ARMITAGE S E JR/DEBRA A K 205 RANDY ASHLAND, OR 97520 PA-2007-0045539IE04BC400 CHAMBERS SYLVIA S 2225 H ST EUREKA, CA 95501 PA-2007-00455391E05AD513 DENNETT MARK1MARTHA 1257 SISKIYOU BLVD PMB #136 ASHLAND, OR 97520 PA-2007-0045539IE05ADI62 HILL LINDA MARLENE 1124 DONALDa CT SOUTH PASADENA, CA 91030 PA-2007-00455391E05AD160 KALB JOHN M/SHARI L 580 ELIZABETH ST ASHLAND, OR 97520 PA-2007-00455391E05ADI63 MACDONELL DOUGLAS M/SUE M 150 HIGH ST ASHLAND, OR 97520 PA-2007-00455391E05ADI61 PALOMA P MARIE 570 ELIZABETH AVE ASHLAND, OR 97520 P A-2007 -00455 391 E05AD 100 STRATTON JOHN D TRUSTEE ET AL POBOX214 JACKSONVILLE, OR 97530 PA-2007-0045539IE04BCl104 WERFEL CA THERlNE L 210 OTIS ST ASHLAND, OR 97520 PA-2007-00455 @09lS 3.lYldll\l3.1 ~a^" asn "111'.... . __.. _1:__..._ _.._ ..._. PA#2006-0078 391E05AD 141 WOOD WANDA JO TRUSTEE FBO 275 RANDY ST ASHLAND, OR 97520 P A#2006-0078 KENCAlRN KERRY 545 A STREET, SUITE 3 ASHLAND, OR 97520 P A#2006-0078 THORNTON ENGINEERING %JAMES PEARSON 1236 DISK DRIVE, SUITE I MEDFORD, OR 97501 P A#2006-00078 BULLOCK ART 791 GLENDOWER ASHLAND, OR 97520 - added 3/16/06 PA#2006-0078 391E04BC 504 WREN JOHN B JR ET AL 1820 EAGLE MILL RD ASHLAND, OR 97520 PA#2006-0078 391E05AD 167 WYNN BETTY TALBOT TRSTE FBO 315 RANDY ST ASHLAND, OR 97520 P A#2006-0078 SAGE DEVELOPMENT 2305 ASHLAND ST. ASHLAND, OR 97520 P A#2006-0078 POLARIS LAND SURVEYING PO BOX 459 ASHLAND, OR 97520 P A#2006-0078 MYERS TOM PO BOX 881 ASHLAND, OR 97520 P A#2006-0078 ENGLISH SCOTT/N.W. BIOLOGICAL PO BOX 671 ASHLAND, OR 97520 ~ ~d'