The URL can be used to link to this page

Home My WebLink AboutOak_315_PL-2011-00498 CITY OF ASHLAND May 25,2011 Barry Peckham 41 Granite Street Ashland OR 97520 RE: Planning Action #2011-00498 Notice of Final Decision On May 24,2011, the Staff Advisor for the Ashland Planning Division administratively approved'your request for the following: PLANNING ACTION: 2011-00498 SUBJECT PROPERTY: 315 Oak Street APPLICANT: Barry Peckham DESCRIPTION: A request for a minor amendment to the flood plain corridor boundary for the property located at 315 Oak Street. The amendment would permit squaring off the northwest comer of the flood plain corridor, with an allowance for architectural projections (such as roof eaves) to extend beyond the boundary a maximum of 36 inches. COMPREHENSNE PLAN DESIGNATION: Low-Density Multi- Family; ZONING: R-2; ASSESSOR'S MAP: 39 IE 09BB; TAX LOT: 16801 The Staff Advisor's decision becomes final and is effective on the 13th day after the Notice of Final Decision is mailed. Prior to the final decision date, anyone who was mailed this Notice Of Final Decision may request a reconsideration of the action by the Staff Advisor as set forth in the Ashland Land Use Ordinance (ALUO) 18.1 08.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO l8.108.070(B)(2)(c), An appeal may not be made directly to the Land Use Board of Appeals. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to LUBA on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at no cost at the Ashland Community Development Department, located at 51 Winburn Way. Copies offile documents can be requested and are charged based on the City of Ashland copy fee schedule. 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: Shawn Kampmann Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Ashland, Oregon 97520 www.ashiand.or.us Tel: 541-488-5305 Fax: 541-552-2050 TTY: 800-735-2900 ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: 2011-00498 SUBJECT PROPERTY: 315 Oak Street APPLICANT: Barry Peckham DESCRIPTION: A request for a minor amendment to the flood plain corridor boundary for the property located at 315 Oak Street. The amendment would permit squaring off the northwest comer ofthe flood plain corridor, with an allowance for architectural projections (such as roof eaves) to extend beyond the boundary a maximum of 36 inches. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2; ASSESSOR'S MAP : 39 IE 09BB; TAX LOT: 16801 SUBMITTAL DATE: DEEMED COMPLETE DATE: STAFF APPROVAL DATE: APPEAL DEADLINE: FINAL DECISION DATE: APPROVAL EXPIRATION DATE: April 20, 2011 April 28, 2011 May 25,2011 June 6, 2011 June 7, 2011 June 7, 2012 DECISION The property is located on Oak Street, southeast of the intersection of Oak and A Streets. The property and surrounding parcels to the north and south are zoned R-2, and are located within the Railroad Addition Historic District. Properties to the east of Oak Street and to the west, beyond Ashland Creek, are zoned E-l. In July of 2008, the applicant was approved to create a flag lot at his property located at 303 Oak Street. The p<:rrent parcel was approximately 12,000 square feet in size, with the rear flag lot being just short of 6,000 square feet. The back portion of the flag lot is partially within Ashland Creek Corridor Lands, and is located within the Streambank Protection Zone for Ashland Creek, which at the time of partition required a 20-foot setback from top-of-bank. The new lot has an approximate 7.5 percent slope downhill toward Ashland Creek. In addition to the previously approved Partition and Physical and Environmental Constraints (P&E) permit, the applicant also requested three Variances; one of which was to reduce the front yard setback from 20 feet to 13 feet in order to provide a buildable envelope outside the flood plain boundary. The Variance requests were approved, however, the buildable area of the new parcel was limited to the land east of the Ashland Creek Floodplain Corridor boundary. While the applicant's lot was approved with a buildable area, he questioned the location of the Ashland Floodplain Corridor boundary on his lot. The applicant stated the Ashland Creek Floodplain Corridor's boundary line across Water Street to the west is inconsistent with "on-the- ground" elevations, and is significantly lower than the corresponding Ashland Creek Floodplain P A #2011-00498 303 (315) Oak St.1MP Page 1 Corridor boundary line on his lot. If a flood were to occur, the applicant contends that his portion of the lot would not be affected as much as the Water Street side, and therefore should not be restricted by the boundary across his property. The applicant requests that the back end of his lot to be "squared off" in order to place an Eco- nest home on his flag lot. The current Ashland Floodplain Corridor eastside boundary is placed 170 feet from the front property boundary on the south side of the lot, while being 155 feet from the from the front property line on the north side of the lot. Staff sees the practicality of having a squared-off building envelope for the purposes of constructing a home, and this remains consistent with findings of the Council when adopting the official Floodplain Corridor map for Ashland Creek. Therefore; the new Floodplain boundary will be placed 170 feet from the Oak Street right-of-way adjacent to the applicant's lot. In adopting the Ashland Creek Floodplain Corridor boundary, the Council found that a considerable body of evidence exists suggesting that the FEMA study was not accurate, and that photographic, anecdotal, and scientific evidence was presented that showed past flooding events of Ashland Creek were violent, and could involve hazards other than simple inundation. In every past example of severe flooding along Ashland Creek, there was a large amount of debris in floodwaters, culverts were undersized and blocked, and new channels were cut due to both debris damns and blocked culverts. In summary, while past Ashland Creek flood events have been violent, staff finds that the minor amendment request still provids a home site with adequate setback from the creek to account for documented, erratic behavior of Ashland Creek. Therefore, the application with attached conditions complies with all applicable City ordinances and meets the approval criteria for a Minor Map Amendment. The criteria for a Minor Map Amendment are as follom: 18.62.060 Official Maps: A. The City Council shall adopt official maps denoting the above identified areas, Substantial amendments of these maps shall be a Type 3 procedure. B. Minor amendments of the maps to correct mapping errors when the amendments are intended to more accurately reflect the mapping criteria contained in this chapter or in the findings of the Council in adopting an official map may be processed as a Type 1 procedure. (Ord, 2808, added 12/02/1997) Planning Action 2011-00498 is approved with the following conditions. If anyone or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2011-00498 is denied. The following are the conditions and they are attached to the approval: 1) That the amended floodplain corridor boundary consist of a line measuring 170 feet from the Oak Street right-of-way (See Exhibit A) 2) That all acrhitectual projections shall be permitted to extend a maximum of 36 inches west of . amended Ashland Creek Floodplain Corridor boundary. 3) That all conditions of Planning Action 2008-00910 are still in effect and shall be adhered to. 4) That prior to the submittal of a building permit: PA #2011-00498 303 (315) Oak St.&.1P Page 2 a) That individual lot coverage shall not exceed 50 percent of the lot area in accordance with the lot coverage regulations of the zoning district. Lot coverage calculations including all impervious surfaces shall be provided with building permit submittals. b) That the rear setback line be clearly identified on the building permit. 5) That prior to the issuance of a building permit: a) Tree protection fencing shall be installed according to the approved Tree Protection Plan prior to any site work, storage of materials or permit issuance. The tree protection shall be chain link: fencing six feet tall and installed in accordance with 18.61.200.B. b) That erosion control fencing to be installed parallel to and within five feet of the AsWand Floodplain Corridor boundary line to prevent run-off into AsWand Creek c) That the new structure shall have the lowest habitable floor elevation to be at least two feet above base flood elevation (15.1 0.080) 6) That prior to the issuance of a Certificate of Occupancy, the property owner shall provide certification of the lowest habitable floor, including basement, is 2 feet above base flood el~.a~' ons. ",-- / , ( <:' ~1 ~rMolnar, irector ~nt of Community Development PA #2011-00498 303 (315) Oak St.1MP Page 3 - '.')0 '" '\'."~.'\:" .:::\.~....." ,,;,<x~'\'\'\,'" ~ ~"."""..:::::....." ~......' .:\ ~ '"' ~ 'x 'x' "~'0:- ,,~'Y XX" "X" W ~ ,"X '~ ,"~\'x"" ,,,,,,,,:is'' '" y," X" ~""x;x,X~ '''' x '^" ' '" ",xy; ""'''-' w x,'~"'''' " '" ".X,,"0' "'" ", ,""" ~'" .,X ,,,, X "'''X'" ", x"" ;;CX ~ " "X'"'''' "X X""",,:' " ,\" ~~'%X "'<',,," ~"'~ ,X, ",'" ,\, ~ ~~h~ ~,,~~ x" ~ "X'''' " ,,,"~X ,,~,~,,'i.x.'" ' '- x;:,-x% ~~~x "''x,'' ,x ;" \~"'\~~~ I'~'x X " .,' " ~x "x xx"," \ '0 0;~ \..\. . . :-;" ~'\ ~'3 x'\. .y)., \. \ ,,,," "'~ . x' ' xx: " "",;xx' x" x' , , ,'~ ';x x" X",,'N~" "'xX "x;;C , '" ~ " " 2\.,\:,,\:\...~ "" ,'\.."\ iii..' {x'\:' "",,\". .,.~,...'~&\.;'\..>'\. ~'\"''%~. "Ill ~'\ \.'\~ \.~"" ~. \..'\...........,,\.) "'" v-.:'\.~'\" ..". "', ",,", ""\,,x" '"' J'\.,""", ......'\\ ..,,\.' ~~......~~x'X' )< \.~\,,\ ~"" ,2Z;;~'x""l, ~,~:? .....\il~~ ~" ~ """ ,,\; .""". ~ "Ill~"''\)(' ~. ,:\.:'\:~~~ ~'" > .~~'\. . ,,," ~\.", 3! ~ ~~'\.:,;\>:. S>> ~~~ 5 ~ :i" ~~mcc >< ~ ::r...... _. 1IlIIIlIiI. 0"0 ::;:s >~ ~ ~ . o o ~ U) eo I 0- - ~ o - - ~- - - - ~- ." CD CD r-I- 11 ~ oCt; g ~ >- .i:.~ i' "" Ii <:;.~' Ii~ ~ :i:l ,~ II ~ ~ ,/ ~ 1 ~ A "',,',' "" 'I ,; '" w',"'''' ~ ,,co, ~ !l' ,"'.co"'" ~ . '.."P",,- '<"" .",' I O~T " ."" '! S ~ 't;1S:j~ "'" ~, ~ ~ "1ki~ ~ ~ ~ li;f00'~ ~.....~ ~:i:;"'7;>. ~ ~ '1,;,~ \!= ! ! I. t', ~ 1~0 ~:":." ./ J ,r/ j 11. /.:.... '- ... ':'.. ':' /0 j,' ". .' (I.... .' .' ..' . .:. .'. .... .... . '--.,.,' . . ~- "'- ~ CIJ 2 Cii' 1:1 0' Cii' .;.>,'-, ",.:o.;"';:'.,.~ '<;~':c€00> ;}:::~'",:,:~ .....',;,.'.;':'- '<..~ .....:..~I ~ PA-2011-00498 391E09BB 16400 ASHLAND CREEK HOLDINGS LLC 70 WATER ST ASHLAND OR 97520 PA-2011-00498 391 E04CC 5500 GRIFFITHS MICHAEL TRUSTEE ET AL 1219 WEDGEWOOD DR CENTRAL POINT OR 97502 PA-2011-00498 391 E09BB 16300 HIBBERT JAMES F/E JANE 263 OAK ST ASHLAND OR 97520 PA-2011-00498 391E09BB 16800 ROSENBERG LILLI ANN K TRUSTEE ET AL 303 OAK ST ASHLAND OR 97520 PA-2011-00498 391 E04CC 5801 STERLING LINDA RAMSEY TRUSTEE 337 OAK ST ASHLAND OR 97520 PA-2011-00498 391 E04CC 5800 VAN AUSDALL JOHN MICHAEL 40 VAN NESS AVE ASHLAND OR 97520 PA-2011-00498 391 E09BA 14900 BLUE MOUNTAIN EMPRESA LLC 385 WILLIAMSON WAY ASHLAND OR 97520 PA-2011-00498 391E09BB 16200 GUNTER DANNY RAY/LISA 247 OAK ST ASHLAND OR 97520 PA-2011-00498 391 E09BB 16600 OAKY DOAKY LLC 1085 DEER VISTA LN ASHLAND OR 97520 PA-2011-00498 391 E04CC 5900 RUBIN MARGARET NASH 323 OAK ST ASHLAND OR 97520 PA-2011-00498 391 E09BA 14000 THOMPSONBRENTTRUSTEEETAL POBOX 201 ASHLAND OR 97520 PA-2011-00498 391 E04CC 5700 VARNEY ROBERT/MARIANNE PO BOX 744 ASHLAND OR 97520 PL-2011-00498 Polaris Land Surveying LLC PO Box 459 Ashland OR 97520 Barry Peckham 41 Granite St Ashland, OR 97520-2752 PA-2011-00498 391 E04CC 5901 CONSERVANCY LLC POBOX 146 BOULDER CO 80306 PA-2011-00498 391E09BB 100 HAINES LLOYD M TRUSTEE 96 MAIN ST 202 ASHLAND OR 97520 PA-2011-00498 391E09BB 16801 PECKHAM FRANCIS B JR 303 OAK ST ASHLAND OR 97520 PA-2011-00498 391 E04CC 2000 SOS PLUMBING & DRAIN SERVICE INC 206 PACIFIC HWY TALENT OR 97540 P A-20 11-00498 391 E04CC 90002 VAIL WESLEY D TRUSTEE ET AL 1425 PACIFIC AVE SANTA ROSA CA 95404 PL-2011-00498 Sydnee B Dreyer Huycke O'Connor Jarvis & Lohman PO Box 1090 Ashland OR 97520 19 5-25-2011 NOD 315 Oak St Planning Department, 51 WinblJ.., Nay, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland,or,us TTY: 1-800-735-2900 CITY OF AS LAN NOTICE OF APPLICATION PLANNING ACTION: 2011-00498 SUBJECT PROPERTY: 315 Oak Street APPLICANT: Barry Peckham DESCRIPTION: A request for a minor amendment to the flood plain corridor boundary for the property located at 315 Oak Street. The amendment would permit squaring off the northwest corner of the flood plain corridor, with an allowance for architectural projections (such as roof eaves) to extend beyond the boundary a maximum of 36 inches. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2; ASSESSOR'S MAP: 391E 09BB; TAX LOT: 16801 NOTICE OF COMPLETE APPLICATION: Apri/29, 2011 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: May 13, 2011 I o 35 I I 140 Feet Property lines are for reference only, not scaleable The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above, Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period, After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application, A notice of decision is mailed to the same properties within 5 days of decision, An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision, (AMC 18,108,040) The ordinance criteria applicable to this application are attached to this notice, Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue, Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion, Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court, 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, All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520, If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305, G:\comm.devlplonninglNotices Moiled\2011\2011-00498,doc 18.62.060 Official Maps: A. The City Council shall adopt official maps denoting the above identified areas, Substantial amendments of these maps shall be a Type 3 procedure, 8, Minor amendments of the maps to correct mapping errors when the amendments are intended to more accurately reflect the mapping criteria contained in this chapter or in the findings of the Council in adopting an official map may be processed as a Type 1 procedure, (Ord, 2808, added 12/02/1997) G:lcomm-devlplanninglNotices Mailed\2011\2011-00498,doc L011-00498 391 E09BB 16400. "HLAND CREEK HOLDINGS LLC /0 WATER ST ASHLAND OR 97520 PA-2011-00498 391 E04CC 5500 GRIFFITHS MICHAEL TRUSTEE ET AL 1219 WEDGEWOOD DR CENTRAL POINT OR 97502 PA-2011-00498 391 E09BB 16300 HIBBERT JAMES F/E JANE 263 OAK ST ASHLAND OR 97520 PA-2011-00498 391 E09BB 16800 ROSENBERG LILLI ANN K TRUSTEE ET AL 303 OAK ST ASHLAND OR 97520 PA-2011-00498 391 E04CC 5801 STERLING LINDA RAMSEY TRUSTEE 337 OAK ST ASHLAND OR 97520 PA-2011-00498 391 E04CC 5800 VAN AUSDALL JOHN MICHAEL 40 VAN NESS AVE ASHLAND OR 97520 PL-2011-00498 Polaris Land Surveying LLC PO Box 459 Ashland OR 97520 PA-2011-00498 391 E09BA 14900 BLUE MOUNTAIN EMPRESA LLC 385 WILLIAMSON WAY ASHLAND OR 97520 PA-2011-00498 391 E09BB 16200 GUNTER DANNY RAY/LISA 247 OAK ST ASHLAND OR 97520 PA-2011-00498 391 E09BB 16600 OAKY DOAKY LLC 1085 DEER VISTA LN ASHLAND OR 97520 PA-2011-00498 391 E04CC 5900 RUBIN MARGARET NASH 323 OAK ST ASHLAND OR 97520 PA-2011-00498 391 E09BA 14000 THOMPSON BRENT TRUSTEE ET AL PO BOX201 ASHLAND OR 97520 PA-2011-00498 391 E04CC 5700 VARNEY ROBERT/MARIANNE POBOX 744 ASHLAND OR 97520 PA-2011-00498 391E04CC 5901 CONSERVANCY LLC POBOX 146 BOULDER CO 80306 PA-2011-00498 391E09BB 100 HAINES LLOYD M TRUSTEE 96 MAIN ST 202 ASHLAND OR 97520 PA-2011-00498 391E09BB 16801 PECKHAM FRANCIS B JR 303 OAK ST ASHLAND OR 97520 PA-2011-00498 391 E04CC 2000 SOS PLUMBING & DRAIN SERVICE INC 206 PACIFIC HWY TALENT OR 97540 PA-2011-00498 391 E04CC 90002 VAIL WESLEY D TRUSTEE ET AL 1425 PACIFIC AVE SANTA ROSA CA 95404 PL-2011-00498 Sydnee B Dreyer Huycke O'Connor Jarvis & Lohman PO Box 1090 Ashland OR 97520 19 4-29-2011 315 Oak St /(' ',..~ ! II ~t....,. / / ;~~" / 12000 i" , .,....00 ,/ ,b100 i j .. 11~@h" i ,... I. ~" ,.. "', ,l .2100 , ,/ V'o" ""ll 2300 ,. " , ./ '. 2400',:'/# '''''''''O".~,;.!./l.J ~~".;r. 'P'o...}' 14500 .' I., ( ...... j", ~K I"" ~~. 'rJly~" 10100 tbad6':~:-,\, '... I. . '. i 1 Os.oo\ , I @ Please recycle with colored office grade paper /~~, " " ,I ,/ 12300 "l'" ~' -""'\ ,/ ", "'"'' ","124.00,/ ./ / o":'^.. l' " 1"""V> /""""" ,/ ,./ ""'VII' l '.12t:.tW't.'" ,"'., i"'""",""" 'i,tVV ,/ ~/ "\..,....,\,.", / ..,.,..'....'".,~"... / /....00..~.'j.),1.2600 /' /:\ .,. '4:. I I "y... I 1/ ',io:oo ,1/12100,:/' JACKSON COUNTY "' INFORMATION TECHNOLOGY Map Maker Application Front Counter Legend Highlighted Feature IheBufler lheBuflerTarget Tax Lot Oulllnes 1200 Tax Lot Numbers //"" /13'!lOO ,1""'" ~~"'" >' v,\'. ",.:"1~700'" 1'/ '~<".',""<e..._.,(! ,../.. ~.3$01 ... l' """". l !/:"...~5OO . ",.i\.' $ ,....... '" J:5,~ ",// ' 1ii(J.~/ ~. ( ""'." / i ,./ i 13400 ,/l , ~~/ ,,,t,, / /l ~,I "l) / ~ ", , " " '.h. . .. .",....... /13300/ ,/.. "...}!'Iv. l' '~3!00'/ /" '-. Il .' l" .. ..~, } "<t'. '. .... /13100,/ /,/0 '''"\, . /1 l~3(fOO/ / 'C'". , I' / "'/: 1i<Joo , "//,,. JACKSON COUNTY Oregon l~ "'>~',^ , This map Is based on a dIgital database compiled by Jackson County From a variety of sources. Jackson County cannot accept responslblly (or errors, omIssions, or positional accuracy. There are no warranties, expressed or Implied. Map created on 4/29/201110:55:39 AM usIng web.Jacksoncounty.org .2400 ;, Created with MapMaker When I initially submitted an'application for a minor land partition planning to build a house behind 303 Oak Street, I had some questions about the building footprint shown on the site plan. It was noted on the land partition application that if information favoring a larger footprint for my house were to be available, I would get the benefit of that information. Since the approval, there have been two changes affecting my lot upon which I am basing my request for an enlarged building footprint. One is the adoption of a riparian zone ordipance defining "top of bank" and the other is a new FEMA flood plain map. The Water Resource Protection Zones ordinance defines "top of bank" as "the elevation at which water overflows the natural banks of streams or other waters of the state and begins to inundate upland areas." In this very wet spring, I have monitored Ashland Creek behind my lot and it has remained within it's channel. Applying that definition to my proposed building envelope, the footprint would be 20 feet outside of the 50 foot corridor. The other restriction on the original building envelope is based 'on a plat map line on my lot which defines the Flood Plain Corridor boundary. I had concerns about the placement of this line because the original site plan map shows the surveyor's 100 Year Flood Line to lie entirely off my lot and the Flood Plain Corridor boundary on the other side of Ashland Creek was at an elevation far below mine. Wanting to be sure my sight evaluation was accurate, I shot laser level elevations from Water Street onto my land. According to those elevations, the back line of my proposed envelope (The line parallel to Ashland Creek.) would be 10 feet in elevation above Water Street. Ashland Cree~normal channel is 6 feet below Water Street. In addition, since I plan to build a single story home, living space would be approximately 7 feet above the 10 foot elevation point ---- 23 feet above Ashland Creeks normal channel. With the above physical evidence to support my application for a minor adjustment to the Flood Plain Corridor boundary, I am asking to have a building envelope defined by squaring off the Corridor boundary by extending the northwest comer point to the west by 15 feet. This would also allow for a deck and roof eves to extend not more than 6 feet beyond the 15 foot point. Once again, no living space would be less than 23 foot above Ashland Creek's channel. This envelope would allow me to build an Econest design home involving a rectangular timber framed structure and clay/straw exterior walls.---- an 896 square foot home appropriate to the neighborhood. ,; . \1'.)' ~\ I , -4-- -- - '~.L El El N .L ~-.-. -\~II I~ H;/~ ~ l:t:; I h ~ f-< ~ Ci ~ ~ --I I I I I I I I I I I I I I I ~ ~ I-. - <: aQ~ ~~L,j ~0 &n~~ ~ K (rj Vj L.J ~).. ~lwVj Q::~ 08t] 2 ~~ ~f"::8 Ci::0 'C lwCl~ lw :"l: g:1.<' c:, c:, ~ h o '-l ~ '" '6 "6 '0 't. (?Q ll\D1- "to f'Z-bft.-J I \ Y2- ft. fl6Qv'E- Wl'lis'l, ot~~J II <0 ~~h \ AN c1 &c-J.Jld g ~ 33~.{Qr~f~ 'L t5:J2,1V6'6, 20 ft. 'i:'w rn ~ ,::,<{' n l.s YI.:l _61 G'lb?& W'V\J~""tO...~ L- Ii ') HS'I _vi -tor Jf)'lI2.:~f)-b\)N cl ;t~. 006~ JD7 XVJ: 2lHHUQ II c::, ~~ [j~ Cl Cl (2 h a >-.:1 ~ -0 W -- U 0 '" :2 '; -0 <( c :2 III W :c LL l/l rn <( -0 :? 0 b 0 u: 0 r- Contractor: Address: Phone: State Lic No: City Lic No: Sub-Contractor: Address: Phone: State Lic No: City Lic No: DESCRIPTION: Boundary Line Adjustment - No Fee charged per Maria Harris COMMUNITY DEVELOPMENT 20 East Main 5t. Ashland, OR 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-488-5311 TTY: 800-735-2900 Inspection Request Line: . 541-552-2080 CITY OF ASHLAND ZONING PERMIT APPLICATION Planning Division 51 Winburn Way, Ashland OR 97520 CITY OF ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT 1IIA.i ~ tl'2" M A F A.)"II fA 1r~ m 1'J DESCRIPTION OF PROPERTY . Street Address , 6l ')' 0 t\h1l+t?i-xi FILE Pursuing LEED@ Certification? 0 YES 0 NO " Assessor's Map No. 39 1 E 0 f1 R B Zoning 1~ ~. :;( APPLICANT Name BARRY He-bb Am Address ~ 4L'C9 P fH\') l~ vert \"2( t--t PROPERTY OWNER . Name (3 A ~,R\/~ ,c..~~A~ f Address ~ I rO R PI rV rt V <S + ~J .F t Tax Lot(s) ) (0.261 Comp Plan Deslgnalion L,",," -:!) F -"'3 J j v iV\ I A.I t ~ fY) , 17 Phon.6E I) ~8:;!"t1~ E.Mail m ,\.ex.1 City 1\1J) Zip ~ 15 ?_O Phon{b ~ \)~g~ ~a-o~ 3 E-Mail ~fAR @l~{n~\L CX)h City ~t/l \~'fi\J('~ Zip 0, '1SZ..0 SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title O\A?)\)V'tOR Name ~lnr->. \.~N \.{~>N\~m~l\) . Phon'SJ./ ~~ 8~.60()o, E-Mail x . J10\OjR.d LP\~el U,W::&' Nci A ~ Address t? a, ~ 0' l{ () "51 eJ liP! 9 c~ tlf 0fi.~ 0 l '- I City. '6 ~ '" N J, ZiP'qf~~() Title Name Phone E-Mail Address City Zip 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 set aside, but also possibly in my structures being built in reliance thereon being required to be remove my expense. ve n doubts, I am advised to seek competent profession~vic~d assistance, .1 9 l Dale As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property owner'g flJJ A I (J~~ A "'-'1M ~ 911 Property Owne s Signature (required) 0 e [To be compieled by City Staff] Date Received Zoning Permit Type Filing Fee $ OVER ~~ r>., n................,,. "..~ c..H;_,.~,I..""..", n.._I...._.7.._:.... 0.._:. ~ __1:.....:.._ ........ :t: l<j (j @v01S ZJ _~_._o_ '< 0" 0_0 G--' .-~- __-00:: ~ h. <::J Q LW _ ",~f-C ____~ '-'-~-- I ---~ i:::~ SS ,,9 ~1 ~-b I ------ l<j i:::c;j 4i!r V 0 - - ----@-- s <: :::, 0:: L6 ~ . ~.L Ef Ef N.L ~ ,_'---%'_, ,- w . ~~,-" ,-, dO,,9 0 ,-,-, I s: '", . . @J~ - I H~ l, i--I- I I I I I I I i I I I \ r I , I CI) ~, ";l c< I h S2 ~ ~ Q \J , ~ IN ---T I I I I I I ~I ~I ~I (j)j 21 Oi ~I ~I 8:6 ~~ g:F- I I c:t ,~-t I z]{ fui.1 AbQ)?_.1Q~ttz, 1tm-t ~ I '" f of:n, S^+' ,^' jJA,u, G 3'1 n,f'bQm ~(. ~~cl~ fl A~:~b~~1 - It)Pltv05-t UL ~il ~<::J a <-0 a ~~ (61 . If) l<j h ~O:::<: C) lc. ki ::::0 >-1 . ~~ ~ I ~O (j~ I I L___ a to<') h. . <: C)<::J~ "'::t!LW ~ Cl EJ :'( If) ~ h. If) 6i l5 LW >- 6: l<j If) 0:::* C)8t} C)~~2:~(j K~C) C.,) l<j0:::0::: ~ l<j<::J0:: g:;1~ a a $i h a ..:j ~ ::,:lr) Cl(;S ii::o>: ctlc;: '" -:0 o -:0 \ ~ .J'/ fb} I\D~ \J ~ f'Z-Ofs 1 \ 1z...\?-\;. p,6ov'E.- WPl1S'l- ot~c-J ~ ~h \ANc1 &.uLI\ 0' 33 \4, :to fWfuX:L. C5l2,tVC:/l." 20.tt ,t"~rn ,,<i;-v i 1:,y 8/.:1 .61 PIlbLb'V'[. WV\.JE-2.- , 0 ~r;, HS'( .vl tof )f. V""\otl ON d ,+.1 . 006> L07 XVI. ~ ~ c;j~ XElElN::J aNV7HSV ~11'to~ ...../ ::..: '" I ~'I- -~5 I a co -, 'C L a >-1 ~ R Discussion between Mr. Peckhaml Bill Molnarl and Martha Bennett regarding the Ashland Floodplain Boundary and a approved building envelope CITY OF ASHLAN April 15,2011 Barry Peckham 41 Granite Street Ashland, Oregon 97520 Dear Mr. Peckham, ] am writing to follow up on your visit to my office last Friday. You were requesting that the City work with you to ensure that you have an adequate building envelope on your property to allow you to build a new home. You are concerned that the City's Flood Plain Conidor ordinance has created an irregularly shaped building envelope on your lot, and that your home needs to be rectangular, not angled, because you plan to build an EcoNest home, which needs to have square comers. You are further concerned that the boundary line for the flood plain corridor area on your property is not supported by facts. You described the elevations ofthe City's regulatory line on your property compared the area across Ashland Creek and Water Street Based on your observations and the survey work you have done, you believe that property on the west side of Water Street will flood prior to the area on your property, Further, you are frustrated that this problem was identified but not resolved when you divided your property in 2008. Last but not least, you told me that you would like to construct your home during the summer 201 1 and that your home will require 12 weeks of drying time because of its construction methods. Therefore, you need to be under construction as quickly as possible. ] spoke to Bill Molnar, Community Development Director, about your case. We tried to develop a specific, step by step plan to get you to the point where you can begin construction as quickly as possible, Here is what we propose to you: 1, Application for Minor Amendment to the flood plain corridor maps. ] think this was outlined in a letter that Bill Molnar sent to you this spring. The City's land use code allows the City's Community Development Director to make minor adjustments to adopted maps. Based on our conversation on Friday, I request that you apply to "square off' the area of your property so that you have a rectangle, with buildable land being 170 feet from Oak Street on both the north and south property lines. ] have re-enclosed the map that you and I talked about on Friday with the approximate area defined. The application will consist ofthe following: IIIl The one-page application that you need to fill out The applications are available at the front counter of the Community Development Department offices, and staff can help you fill it out Also, you can make an appointment with Bill Molnar to make sure he is available if you have questions about the application form. ADMINISTRATION 20 East Main Street Ashland, Oregon 97520 www,ashland,oLus Tel: 541-488-6002 Fax: 541-488-5311 TTY: 800-735-2900 !'- 100% Post-Consumer Content II A brief (two or three paragraph) description from you highlighting the basis for your request. This would briefly outline the facts you described to me, which essentially are that you believe that the flood plain conidor map is in error because it is higher in elevation than the area on the other side of Ashland Creek. This is different than what Mr. Molnar outlined in the letter he wrote this spring in that we will not require that to come from an engineer. 2. The City will waive the application fee for this Minor Amendment. 3. The Minor Amendment is a "Type I" decision, which means that the initial decision is made by City staff, but your neighbors receive a notice informing them of the proposed change, and your neighbors have the right to appeal. Assuming that no one appeals, as Mr. Molnar told you back in November, it will take about 40 days. 4. W.e will process your building permit simultaneously with the land use decision. Normally, you would want to have your planning approvals in hand before you applied for a building permit. However, City staff feel you can make a good case for approval of the Minor Amendment and we would like to make sure you have your building permits in time for this construction season to allow the 12 weeks you need for your project to dry. You can complete your design and submit your building permits any time after you have submitted the application for the Minor Amendment. I realize that you disagree that the City's Floodplain Conidor should apply to this portion of your property at all. I understand your frustration that the City cannot use the technical information you have submitted in the past to simply amend the map on our own initiative. While I am , sympathetic to your point of view, it will take longer to have the City initiate a map amendment project than it will take for us to proceed in the way I have outlined. City staff will assist you in any way we can to make sure we do not miss the summer construction season for your house. Sincer , ~d;@ I artha Bennett City Administrator c. Mayor John Stromberg Bill Molnar, Community Development Director ADMINISTRATION 20 East Main Street Ashland, Oregon 97520 www,ashland,oLus Tel: 541-488-6002 Fax: 541-488-5311 TTY: 800-735-2900 CITY Of ASHLAND April 5, 2011 Mr. Barry Peckam 41 Granite Street Ashland, OR 9720 Re: 303 Oak Street, Ashland, OR Dear Mr. Peckham, This correspondence is intended to provide some follow-up information to the letter dated November 22, 2010 in regards to your property located at 303 Oak Street. You have inquired as to what the process would be for moving your building envelope westward (toward the creek channel) by squaring off Ashland's adopted Floodplain Corridor boundary that is running diagonally, from southwest to northeast, across the western half of your parcel. I have provided the following overview of the process. Minor Amendment Process Slight adjustments to the Floodplain Corridor can be considered through the minor amendment process. Minor amendments are processed as a Type I planning action as provided for below under 18.62.060B. 18.62.060 Official Maps A. The City Council shall adopt official maps denoting the above identified areas. Substantial amendments of these maps shall be a Type 3 procedure. B. Minor amendments of the maps to correct mapping errors when the amendments are intended to more accurately reflect the mapping criteria contained in this chapter or in the findings of the Council in adopting an official map may be processed as a Type 1 procedure. (Ord 2808, Added, 12/02/1997) The Floodplain Corridor boundary was not based upon a detailed hydrological analysis of individual properties, but rather information about the characteristics of past, historic flooding events. Consequently, the Floodplain Corridor is a zoning overlay that depicts a general area of potential hazard based upon documented accounts depicting extremely erratic behavior of flood waters. The Floodplain Corridor includes not only the FEMA 100-year floodplain, but also additional area to either side designed to minimize risk to life and damage to private property and public infrastructure. The Floodplain Corridor was adopted in 1989, and the findings from the Council decision to adopt the official maps have been attached. Your request for a minor amendment must address one or more of the Community Development 20 East Main Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-488-5311 TTY: 800-735-2900 r:., Council findings, lending support for the adjustment. Based upon our conversation, you stated a desire to square off the Floodplain Corridor through extending the northwest comer of the boundary by 15-feet to the west (toward the creek channel). After a cursory review I would consider this request consistent with the intent of the minor amendment provision, while subject to the following application materials and information: .. A land use application would need to be filed for a Minor Amendment. The application for a Type I Amendment is $938.00. Based upon the background information you have provided regarding your previous planning application, a reduction in the application fee could be considered. Should you decide to apply, I can discuss this further with you after reviewing the history of your land partition application. .. The application may need to include a statement by an engineer substantiating the contention that proposed minor amendment is consistent with and reflects the mapping criteria in the attached findings of the Council in adopting the official map, and that the proposal will not result in an increase in potential hazard to future or existing structures or property in the area. .. The minor amendment approval would be limited to squaring off the Floodplain Corridor Boundary by extending the northwest comer point to the west by not more than 15 feet. All future construction, with the exception of roof eaves and similar projections of 18 inches or less, will be restricted to be located east of the Floodplain Corridor boundary. If you choose to pursue a Minor Amendment, I would suggest city staff have a conversation with you. This would ensure that it is clear what information is needed in order to support the request. Please feel free to contact me should you have any additional questions. ) ( Sincerely, / JF ...J.--""" ~i1i M . ar, lAshlanCl Community Development 51 Winburn Way Ashland, Oregon 97520 bill@ashland.or.us 541.552.2042 C: Council Findings Community Development 20 East Main Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-488-5311 TTY: 800-735-2900 .., rJS J I I I <::;:- ~,~~ CI.l U)I~~ to ~~ a"'''' " ' , "'"1 OJ '" '" \:! I I ~ "'''' ~ ~ ~~ I~(jl '"" I b::! I I b::! C"l ,Of: J I II '" 1/ ~ ~ ----@) I' - , :;:-'<:1\ c..: ~ ~ r:~\_, .;~. ~ ~I ~~{''''~ !O 'JCJ}I ~~ ~~~ 'g~! @ '-\ / . ! I ,Or / l ) '" OOFJ91 ON 'Vi S/~'ViOd '0, ==]~ dow ".'o="~ i DNINdS ~ ~ T I--j / I I 1 r t r ,,, ,Of: ,Of: -N~ l t- ~ 66\ 6 " 0 1- o~ ), s l) ).0 ~ I ~ -L ~ --T ,0 ". ,....\)\1 L (.\i'l''1\ C'-=---i ~ @\ I i I : .L "8 .L S CI'9'6Lf: - 3,,;;:0,n:.fr9 s) ,1:9-6Lf: - 3 .00,1:f:,'1'9 S f[ Ef h........c"",,~ 0 'i <oJ ~,~~~ ~ , s t- (=,d~'l3j\{l/9 '<J 'i \'). l--)('lia':ll(19 'zl'iJ ~ '4 d \!' QI-f1-J.-->02\..J.S00jJ - --- --- ---- --~---- -~~~:s- ..:.---- '\ .... J 0I:SjJ..XSl r\J-..'cJ;:U~(VI, 0' :' - 'i\ '3 '3 ,Of: y" ,4 c; o 0'1. ), ~ <:~ '" "" "" ~G:!~ r--.,~-': C;ti~ ~~~ ~.rr,n, ~ ;0 ~ .-., ;0 , J 619fZ-S8 r, 1. .. 9 v t i 6 > ,,6 rLl- 1 ~1\if'77 I ~y ;='11 ,0<: I~ ') j. I> ~-- ___I ~ 1"'"1 b::! * * 03AI3::J3t1 I ~ <6", ",,,,,I ~';;:I 'J'J c:)c:) -1 ~~I~_ j ~& "'''' 'J'J "" ' : I r -J * * )''\)10 ('I Cl~ So~ 7}OOldJG'\) ~~Ida~ T CI.l .. ;\ " "'"1 . y 5>' 10). ~, ~ j,'" ~" ti tt1 '" ~! " <{J ",1$ r) '" J .ttj ,.i ,a' ~ :y l 0'" '-L " I ~ ~ -lrei .re ) ~; Il~'1 < I I ~~ I <JOJ3NfnS 7V,WEJI<JO 3Hl dO J.dO:; 1:J1IX3 ~l77d SIHl J.VHl JJI1<J3:; /,83<J3H I ,L8Tl-:iI"Ef:'F:f700ZS ,F:9-6 ,nn;l ,OfFOl ,,~p,OSGL8 (]) ,Ofr-N -Ai "L [,9 [069 S ,SCOl ,80-9[ ,00'01 ,,~Tl60oZ6 @ ,LS-n - Ai "F:t-.f:froOZN ,F:9"6 ,F:F:'H ,OO-O[ ,,>p,O~01-8 (j) cnIOH::> .L v N V DV7/I SEIAlffl:J liO :El7fIV.L ,S ~\ ' 1,9 .-r \ 'i, l,.' 1i: a: LL C '<l c '" c c <ll l:$ <ll l:$ Q '" ~ -0 ~ '0 '" 0 % ~ <( -0 C ~ l\l UJ ]: LL In Iii <( -c ~ 0 0 0 u: 0 ..- 11) Q) '" ' -q.;.. ~'"2 o 0 C") <ll W Q ro s::: =' Q) ,;C o .5 :; I ~ f-: l.n IJ.. ~ '\i\ J If\';&. CO \\\ p -..j \ \ \ 4"" ,y :--: ~ ,..... s:""',,' ~,~ :'> '~~~~~ ~ ' ~ ~~~ ~~~~:~~ >,' .\: :"; , f:f.. ";":~>~~~~~~ ~~~:~ :< ~: ~ >f 3 "''' .:< ~~~~~~> :<',: ;;., ! co ~~~~f!;~t ':, .\~~ I ~F ~~~H~~::~::~ ":~,.: :~~~~~: ~ ;t.: ::~~ ~~~~., ~ :~:< <. ::::<.~ ::~. ,~:;:'0"'" ",::::;;,""">:"'><~~ ~\\:~" .:;:~~, ~:::;::~~~ ~::': ::': :~~,:,:::\" ~~~~~~~::~<:: <-<:0 :<<::::::>0~~ " c'S ';~~l: ,,"',~; ,,~,. eye, ., G ";;">"'~ ~.~ ~t!~ ~~~, ~~~~~ 'S ~~~,;S,,;~ ~~t ~~~.~~ . ~" ;;: 8;~~~' ':,~~~:~ ::~::~< ~:::' .:< '" ~~iw ".w; ~ ,... ...' :::<:;:<::: :::: " j Ei;/ ~ ~ '11 ~ ~ x ~,v~ ,/" BEFORE THE CITY COUNCIL CITY OF ASHLAND JACKSON COUNTY, OREGON JUNE 6, 1989 IN THE MATTER OF PLANNING ACTION #89-027, REQUEST FOR: 1) ) ) ) ) ) ) ORDINANCE REVISIONS TO CHAPTER 18.62 OF THE ASHLAND) MUNICIPAL CODE PERTAINING TO DEVELOPMENT REGULATIONS) WITHIN THE 100-YEAR FLOODPLAIN. ) ) THE ADOPTION OF FLOODPLAIN MAPS ALONG ASHLAND, BEAR ) AND CLAY CREEKS. THE PROPOSED FLOODPLAIN CORRIDOR IS) IN ADDITION TO THE 100-YEAR FLOODPLAIN AREA ) ESTABLISHED BY THE FEDERAL EMERGENCY MANAGEMENT ) AGENCY (FEMA), AND IS A MODIFICATION OF THE EXISTING) FLOOD HAZARD AREA ESTABLISHED BY THE CITY. ) ) ) ) AMENDMENTS TO THE ASHLAND COMPREHENSIVE PLAN TEXT RELATING TO POLICIES REGARDING DEVELOPMENT IN FLOOD PRONE AREAS; 2) 3) APPLICANT: CITY OF ASHLAND RECITALS: /J jJ /Y R t:JO~..[} ; t, -:? (),- FINDINGS, CONCLUSIONS AND ORDERS 1) The several hundred affected tax lots are located within and adjacent to the floodplain of Ashland, Bear and Clay Creeks. 2) The applicant is requesting: a) AMENDMENTS TO THE ASHLAND COMPREHENSIVE PLAN TEXT RELATING TO POLICIES REGARDING DEVELOPMENT IN,FLOOD PRONE AREAS; b) ORDINANCE REVISIONS TO CHAPTER 18.62 OF THE ASHLAND MUNICIPAL CODE PERTAINING TO DEVELOPMENT REGULATIONS WITHIN THE 100-YEAR FLOODPLAIN. c) THE ADOPTION OF FLOODPLAIN MAPS ALONG ASHLAND, BEAR AND CLAY CREEKS. THE PROPOSED FLOODPLAIN CORRIDOR IS IN ADDITION TO THE 100-YEAR FLOODPLAIN AREA ESTABLISHED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), AND IS A MODIFICATION OF THE EXISTING FLOOD HAZARD AREA ESTABLISHED BY THE CITY. 3) Type III amendments are applicable whenever there exists: i. A public need; ii. The need to correct mistakes; 111. The need to adjust to new conditions; or iv. Where compelling circumstances relating to the general public. 4) The city council following proper public notice, held Public Hearings on April 18 and June 6, 1989, at which time testimony was received and exhibits were presented. The City council approved the application as prepared, on June 6, 1989. Now, therefore, The City council of the City of Ashland finds and concludes as follows: SECTION 1. FINDINGS 1.1 The Planning Commission hereby incorporates by reference the Floodplain Corridor Maps and Physical and Environmental contraints Map noted as "Exhibit A", the Staff Report noted as "Exhibit B", written testimony in opposition to the proposal designated with a "0", written testimony in support of the proposal designated with a "P", and the minutes from the public hearings on this proposal held on April 18 and June 6, 1989" noted as "Exhibit C". SECTION 2. CONCLUSORY FINDINGS 2.1 The city Council finds that it has received all information necessary to make a decision based on the testimony and exhibits received. 2.2 The city Council believes that the proposed request meets the criteria for a Type III amendment found in Chapter 18.108.080. Specifically, the Council believes that there exists compelling circumstances relating to the general pUblic welfare which warrants such amendments and, therefore, the Council makes the following findings: The city of Ashlandls current plans and ordinances do not prohibit development in areas subj ect to flooding, but require that if development is to occur, it be elevated above the 100 year flood. Non-residential construction can develop at or below the 100 year flood level, if certain flood-proofing measures are taken. This is basically a repetition of the required FEMA measures. However, the Council has found that a considerable body of evidence exists that suggests that the FEMA study, that we rely on to identify the areas of flood hazard, is not accurate, that the limitations of the FEMA methods bypassed areas of significant risk, and that the current regulations that purport to reduce or eliminate risk of flooding are inadequate. The evidence that exists is contained in the following facts: /1) The FEMA maps were drawn to identify the elevations above mean sea level of the 100 year flood. They relied on 1" = 400' and 1"= 1,000 ' maps of Ashland that were based on air photography. Because of this, the elevations supplied often are inaccurate by a factor of 2 or more. The city has one survey, which shows that the 100 year flood is only 1.6 feet above the flowline of Ashland Creek, when the FEMA flood is supposed to be 4 feet above the creek at this point. Therefore, the FEMA data cannot be relied on to accurately establish the flooding level. In addition, many of the 100 year floodplain levels on Clay Creek are at or below the surface of the ground when they are located on the site. 2) The FEMA study relies on "best case" assumptions in modeling the flood situation. The FEMA study used a computer to model the flood levels. It starts with flow assumptions. There were only 18 years of data when the study was done, so FEMA extrapolated from this and other data from this area, including the Applegate River, Butte Creek, and others. The oldest data was a 55 year record of Bear Creek at Medford. The only flood used to calibrate Ashland Creek model was the 1974 flood, that was a 30 year flood. Therefore, the flow data could vary considerably from the actual conditions in a flood. FEMA also assumed that during a flood, the stream would remain confined to its natural channel, that there would be no culvert obstructions, and that when a culvert was too small to pass the 100 year flood, the excess water would flow over the top of the street, and back in the channel. They also stated that "In the last few years many culverts have been replaced or enlarged, and a general channel cleanup has been undertaken to reduce debr,is and allow streams to flow properly". While two culverts were enlarged in the city proper, most are the same size as in 1974. In addition, it is evident that there is much vegetation and debris in the channel that would be available to clog culverts should a severe flood occur. The mechanism that allows streams to meander is that the stream will cut a new channel when the old one is blocked. The 1974 flood showed that mechanism at work, both in areas where there were no culverts, and at the Hersey street Culvert. Ashland Creek, during a 100 year flood, flows at a rate of about 2300 cubic feet per second (about 1,000,000 gallons per minute), and at speeds between 10 and 20 miles per hour. The velocity and volume allow the creek to cut a new channel with surprising speed and force. It appears that the main assumptions of the FEMA study do not represent a realistic flood scenario. Based on our knowledge of past incidents, it appears that in every case of severe flooding in Ashland and Bear Creek, 1) there was a large amount of debris in the flood waters, 2) culverts were blocked, 3) there was new channels cut due both to natural debris dams and blocked culverts. Therefore, the FEMA 100 year floodplain does not cover known areas of flooding as recently as 1974. Photographic evidence of these incidents are contained as part of the whole record. Also, a large body of knowledge on the historic floods of Ashland, ,:i Bear, and Clay Creeks has been compiled from newspaper articles dating back to the 1800's, which supports the above assertions. This record of historic floods has been instrumental in helping City staff to identify those areas that are in a geologically active floodplain, and have some degree of hazard. 3) The three creeks are violent in flood, and have a history of establishing new channels in floods. Photographic, anecdotal, and scientific evidence has been presented which shows that flooding on Ashland Creek was violent, and could involve hazards other than simple inundation. The force characteristic of a creek that would cut a new channel, when directed against residential homes, would quickly destroy them. It would also destroy any public improvements in the area, such as streets and sewer and water lines. The existing regulations permit housing. in areas that would be subject to inundation, violent stream flows, and debris flows, endangering property and lives. 4) In addition, many of'the flood prone areas are considered poor choices for development because of soil and high ground water. This is particularly true of Bear Creek, whose floodplain contains clays soils of high shrink-swell potential, and have a very shallow ground water table, at times on the surface for months at a time. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the city Council concludes that the proposal for: a) AMENDMENTS TO THE ASHLAND COMPREHENSIVE PLAN TEXT RELATING TO POLICIES REGARDING DEVELOPMENT IN FLOOD PRONE AREAS; b) ORDINANCE REVISIONS TO CHAPTER 18.62 OF THE ASHLAND MUNICIPAL CODE PERTAINING TO DEVELOPMENT REGULATIONS WITHIN THE 100-YEAR FLOODPLAIN; and c) THE ADOPTION OF FLOODPLAIN MAPS ALONG ASHLAND, BEAR AND CLAY CREEKS. THE PROPOSED FLOODPLAIN CORRIDOR IS IN ADDITION TO THE 100- YEAR FLOODPLAIN AREA ESTABLISHED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), AND IS A MODIFICATION OF THE EXISTING FLOOD HAZARD AREA ESTABLISHED BY THE CITY; is supported by the evidence in the whole record. Therefore, based on our overall conclusions, we approve Planning Action #89-027. c;7~~~~ Mayor . ~ -c2/-~/ Date QdU~;L ~fl~ Attest CITY OF ASHLAND April 1, 2011 Mr. Barry Peckam 303 Oak Street Ashland, OR 9720 Dear Mr. Peckham, This correspondence is intended to provide some follow-up information to the letter'dated November 22, 2010 in regards to your property located at 303 Oak Street. You have inquired as to what the process would be for moving your building envelope westward (toward the creek channel) by squaring off Ashland's adopted Floodplain Corridor boundary that is running diagonally, from southwest to northeast, across the western half of your parcel. I have provided the following overview of the process. Minor Amendment Process Slight adjustments to the Floodplain Corridor can be considered throllgh the minor amendment process. Minor amendments are processed as a Type I planning action as provided for below under 18.62.060B. 18.62.060 Official Maps A. The City Council shall adopt official maps denoting the above identified areas. Substantial amendments of these maps shall be a Type 3 procedure. B. Minor amendments of the maps to correct mapping errors when the amendments are intended to more accurately reflect the mapping criteria contained in this chapter or in the findings of the Council in adopting an official map may be processed as a Type 1 procedure. (Ord 2808, Added, 12/02/1997) The Floodplain Corridor boundary was not based upon a detailed hydrological analysis of individual properties, but rather information about the characteristics of past, historic flooding events. Consequently, the Floodplain Corridor is a zoning overlay that depicts a generalfarea of potential hazard based upon documented accounts depicting extremely erratic behavior of flood waters. The Floodplain Corridor includes not only the FEMA 100-year floodplain, but also additional area to either side designed to minimize risk to life and damage to private property and public infrastructure. The Floodplain Corridor was adopted in 1989, and the findings from the Council decision to aqopt the official maps have been attached. Your request for a minor amendment must 'address one or more of the Council findings, lending support for the adjustment. Based upon our conversation, you stated a desire Community Development 20 East Main Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-488-5311 TTY: 800-735-2900 r4.1 to square off the Floodplain Corridor through extending the northwest corner of the boundary by I5-feet to the west (toward the creek channel). After a cursory review I would consider this request consistent with the intent of the minor amendment provision, while subject to the following application materials and information: .. A land use application would need to be filed for a Minor Amendment. The application for a Type I Amendment is $938.00. Based upon the background information you have provided regarding your previous planning application, a reduction in the application fee could be considered. Should you decide to apply, I can discuss this further with you after reviewing the history of your land partition application. .. The application may need to include a statement by an engineer substantiating the contention that proposed minor amendment is consistent with and reflects the mapping criteria in the attached findings of the Council in adopting the official map, and that the proposal will not result in an increase in potential hazard to future or existing structures or property in the area. .. The minor amendment approval would be limited to squaring off the Floodplain Corridor Boundary by extending the northwest corner point to the west by not more than 15 feet. All future construction, with the exception of roof eaves and similar projections of 18 inches or less, . will be restricted to be located east of the Floodplain Corridor boundary. If you choose to pursue a Minor Amendment, I would suggest city staff have a conversation with you. This would ensure that it is clear what information is needed in order to support the request. Ple~.~~J:~.el free to contact me should you have any additional questions. . ...."........ -:> ( ---/ ...."'.Si~~.e~y., ,,\;,_~,/,1. J~? j ;J-.. LiL" .",- . ,( , .. /l,.t",\. .- '~il!M~ r, Direc~or AshIanCl Commumty Development 51 Winburn Way Ashland, Oregon 97520 bill@ashland.or.us 541.552.2042 C: Council Findings Community Development 20 East Main Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-488-5311 TTY: 800-735-2900 r~' CITY OF ASHLAND November 22, 2010 Barry Peckham 303 Oak Street Ashland, OR 97520 Re: Planning applications 2010-00390 & 2008-00910 - Land Partition Dear Mr. Peckham This letter is intended as a follow-up to our conversation at my office on November 8th, 2010 concerning the parameters for building a residence on your new parcel, located to the rear of the property at 303 Oak Street. Specifically, you were interested in ascertaining an elevation on the new parcel that would delineate the westerly extent of where new construction could occur. New parcels, such as yours, created through a land division application (i.e, land partition) which involve floodplain corridor lands must identify a buildable area that is located outside the boundary of the floodplain corridor. This is described through the following standard found in the City's Land Use Ordinance: 18.62.070 Development Standards for Flood plain Corridor Lands For all land use actions which could result in development of the Flood plain Corridor, the following is required in addition to any requirements of Chapter 15.10: H All lots modified by lot line adjustments, or new lots created from lots which contain Flood vlain Corridor land must contain a building envelove on alllot(s) which contain(s) buildable area of a sufficient size to accommodate the uses permitted in the underling zone. unless the action is for open space or conservation purposes. This section shall apply even if the effect is to prohibit further division of lots that are larger than the minimum size permitted in the zoning ordinance. Further, buildable area is defined as follows: 18.62.030 Definitions C. Buildable area - That portion of an existing or proposed lot that is free of building restrictions. For the purpose of this ordinance, a buildable area cannot contain anv setback areas. easements, and similar building restrictions, and cannot contain anv land that is identified as Flood vlain Corridor Lands, or any land that is gre'ater than 35% slope. Department of Community Development 20 East Main Sl. Ashland, Oregon 97520 www.ashland.or.us Tei: 541-488-5305 Fax: 541-552-2050 TTY: 800-735-2900 In the instance of a land partition application, the buildable area is determined by plotting the boundary of the adopted Floodplain Corridor boundary on the property. The Floodplain Corridor boundary is not determined by plotting elevation points, but is an adopted zoning overlay that identifies a discrete area within the zoning district where additional standards are applicable. In this case, the additional requirements are described as Development Standards for Floodplain Corridor Lands. After reviewing the file for the land partition, Planning Application 2008-00910, it is unclear if the location of the buildable area/building envelope based upon the adopted Floodplain Con'idor boundary was clarified with the approval. I have attached a map for your property that identifies the Floodplain Corridor boundary and the corresponding buildable area adjacent and immediately east of the line. It appears that the buildable area is larger than what was indicated on some of the documents that accompanied your application. I would like to clarify, however, that the location of the buildable area is not based upon elevation points, but rather by plotting the boundary of the Floodplain Corridor as identified on the official maps of the City. The Floodplain Corridor boundary is a diagonal line drawn from two points - one point located approximately 155 feet from the northeast property corner and one point located approximately 170 feet from the southeast property corner. Building construction and development is limited to the area adjacent to and immediately east of the boundary. I hope this provides some clarification as to how the buildable area is determined in the case of a land partition that involves property with Floodplain Corridor Lands. The Floodplain Corridor boundary for Ashland Creek was adopted in 1989. I have attached the Findings, Conclusions and Orders that lays the groundwork for the Council's decision. Please feel free to contact me should you have any additional questions. ,) ,/ r- S.~c~~9y;'1 .., ~ -[/1 j ( .'~ /t t/\.:: / LZ~~, ,... '".1ll11 Molnar Community Development Director 541.552.2042 bill@ashland.or.us C: file Attachments - Land Survey & City of Ashland Floodplain Corridor Boundary Department of Community Development 20 East Main St Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-552-2050 TTY: 800-735-2900 City of Ashland, Oregon - Munidpal Code Page 1 of 1 18.62.060 Official Maps A. The City Council shall adopt official maps denoting the above identified areas. Substantial amendments of these maps shall be a Type 3 procedure. B. Minor amendments of the maps to correct mapping errors when the amendments are intended to more accurately reflect the mapping criteria contained in this chapter or in the findings of the Council in adopting an official map may be processed as a Type 1 procedure. COrd 2808, Added, 12/02/1997) http://www.ashland.or.us/CodePrint.asp7CodeID=331 0 3/2/2011 Allorneys at Low Medford Office 823 Alder Creek Drive Medford, OR 97504 phone: 541-772-1977 Fox: 541-772-3443 Ashland Office 125 N. 2nd Street P.O. Box 1090 Ashland, OR 97520 Phone: 541-482-8491 Fox: 541-482-9173 Office E-mail: office@medfordlaw.net Website: www.medfordlaw.net III Patrick G. Huyclce Daniel B. O'Connor' Darrel R. Jarvis David H. Lohman Sydnee B. Dreyer Joseph R. Davis * Also odmifled in Washington Writer's Direct E-mail: sbdcmmedfordlaw.net Writer's Assistant: Lisa Canon March 2,2011 ill Molnar City of Ashland bommunity Development Director o East Main Street shland, OR 97520 : Barry Peckham (Planning Action # 2008-00762) Dear Mr. Molnar: Our firm has been retained to represent Mr. Peckham with regard to a matter before the City related to building a new residence on the parcel created in the foregoing planning action. Specifically, the issue is the City's interpretation of the boundaries of its modified Flood Plain Corridor Map and where Mr. Peckham's building envelope must be placed. Your stated position is that the boundary of the Flood Plain Corridor is based on an adopted zoning overlay "that identifies a discrete area within the zoning district where additional standards are applicable." Per your letter to my client, the location of the building area is not based on elevation points but rather by plotting the boundary of the Flood Plain Corridor as identified on the official maps of the City. My client does not dispute that areas within the Flood Plain Corridor are subject to additional standards or that the Flood Plain Corridor is located on his property. Rather, the issue is that the maps adopted by the City are not based on any surveyed elevations and are simply approximate lines drawn on a map for graphic purposes. The maps adopted by the City do not indicate the exact boundary location, or in fact even how wide the depicted boundary line itself might be. As you are aware, my client retained Polaris Land Surveying, LLC ("Polaris") to survey the property and determine the 1 DO-year Flood Elevation line. In conducting the survey, Polaris followed the standards used to establish the Flood Line per the City of Ashland's benchmarks and using standards applicable in providing elevation certificates. Per this survey, Polaris determined that the 1 DO-year Flood Line is 20- feet below the area identified by the City as the "top of bank". The City's apparent position is that the "line on the map" is a precise location. However this is supported by neither fact nor law. The City's map is designated a Bill Molnar March 2, 2011 Page 2 of2 Flood Plain Corridor Map. The boundaries of a Flood Plain are in fact the 100-year Flood Line. As such the Flood Plain Corridor should be consistent with the 100-year Flood Line depicted by the City on the elevations of its maps and evidenced by the survey conducted by Polaris. Further, the City's determination of "top of bank" is inconsistent with the definition provided in 18.63.020 which provides that the "top of bank" is the elevation "at which water overflows the natural banks of streams" . . . . In the absence of physical evidence of top of bank, a "two year interval flood elevation may be used to approximate the top of bank." As these sections indicate, the City's adopted maps put owners on notice that they are within a Flood Plain Corridor requiring additional measures of protection. However, the precise boundary of that Corridor must be determined through a land survey applying the benchmarks and standards applicable to determining a 100-year Flood Line. It is our understanding that such a survey was never conducted by the City in adopting its maps. As such, the City's position that the "line on the map" is a precise location is not reasonable and amounts to an unreasonable taking of my client's property. Based on the foregoing, it is my client's contention that the City's interpretation ofthe precise boundary of the Flood Plain Corridor must be based on the survey information submitted by Polaris. (See attached map indicating the "City of Ashland 100-year Flood line). Applying a generous interpretation of the City code, Polaris platted a 20- year setback from the Flood Line. That 20-foot setback puts the edge of the building envelope at the location identified on the enclosed map as the "Top of Bank per City." My client can provide additional information from Polaris, if necessary, to establish the precise boundary of the Flood Plain Corridor. Ultimately, my client seeks the City's agreement that the building envelope should be located an additional 1 O-feet to the west in the area shown on the attached map as the "Top of Bank per City". We are hopeful this matter can be resolved in an amenable fashion to all parties. Yours truly, HUYCKE, O'CONNOR, JARVIS & LOHMAN, LLP c2~R SBD:lmc c: Barry Peckham Shawn Kampmann, Polaris Land Surveying, LLC Enclosure ~ Q) c .- c Q) L o L 0 a..~:;:: ~ 0 "U.- 0 o t > U u OO~ i::uw -I- Q) ~- Q) L '+- ~ L 0 0 0 0 l'0 Q) U '" <0 II m ~ ..c C u c ~ e- O C VI - o L .- ::l Q.. ""0 Q) 0.... U > C =0 (I) 0 0 C wu u 0 (/) 0 0 ) = ~ 0 ....c lI- 0 ~ U1 1 ~ >- " f " ::r:: ,"'>, \' \.~ --;;: ~'" ~ cS "" '-.) ~ "I- C) lu "If ~L~ ~ '" ;g QQ co ! <:0 ::, -" '<0 ."1 :t!~ '" '- 0 ~ct:~ N " "~ a " '" ~~::::; ...:i " ~ " ~r...: " "'",. ~C) cj~ _C) f..i I '-.)- h ~ ~ ~\ h iJ) ~ iJ) ~ ,Of: 0> 0 0:: 0 '" a ~~ J "- z 0 X .., z '" oZ g: Zg~oo "- Ii ~8 <0 O~::::;....I ~~~ ] C1~<1"l W . fiI~:::::Q] ';;: 5~Ul ~~j~ '" \\ .;.; ~< -' f:;JgQ I ~ -.I U) 0 o..Z w z V) j V) w a:: L W~OlS "Z I as as as a .." ._-dvn -dfJn -dvn~- (~-+ "' ~ ? o { '" o s I( ~vo '";1 ~ , h ~ ~ Q ~ ~ ~ -4-- "- $ -I Hcil. C> .." dO ,,9 I: h. QC'ti'5 "''''ai 0::", ~~~ 0",,,, ~Q'" :E~'" ~ (5 '" co ~ '" ~ v ...; ~ ~ ~ ~~ :?; ~ t.:l ~ a ~~ ~ ~E:: ~~~. ~ e-.. tj '-< ~ <if...it?;"'~;S ~ ~ ~ ~ h' (3 r:r::~~~V)~ ~(::l~l:!;;'lV):s ~~~~~~go; ~ ~ 0':1'; , "...p.~ ~ h -.: ~ N '-l ""<>=:-.: ~ ~ ~ ~' ~ ~ ~ ~8~ Q..; ~ 0 ~ ~ <; V)"1~ ~6 ~ 12 ~ C> ~. R! h'" ~~ U!::t.:l ~~~. ~ o~ ~~-.: ~"'~ ~ ~ ~ YflHH:J o -I -I 0 C\I f',. (') U) 0 z "(l) ~~ ):(l) (l)o .. I ..wU) o(O(() fu >""zoU) C\J f',. It I 't a ::) >d~ C\I ~ . ~ lIJOa::lU ll) ~ l1J 000"" ~ :> a l1J I- ~ ~ 0 a::.' 6 ~ (/) ..Ja.:z"" 23 ~ 5~ ~ [ It :c ~ ~ ~ Q. C) .." C> -T~ ~ (t :::> (f) c Z ~ .J co co ~ h o ...:i ~ ,"-' -': ~ :/\1 Ox * x/ (f) - (t ~ .J o Q... C) o C) <0 o cs ,:;> '" o -J '" ,.2 a: <J: \ U. C ex: c "" c C\ c " <I> ;;:: '5 0 ~ <( " c :2 11l W 1: LL ~ ro -C ~ 0 0 0 u: 0 LAND SUR.VEYING, LLC April 5, 2010 City of Ashland Engineering Department 20 East Main Street Ashland, Oregon 97520 Attn: Jim Olson P.L.S. Dear Jim, Per your redlines dated April 1, 2010, attached please find the revised Partition Plat for Barry Peckham, located at 303 Oak Street: . (1) 18" x 24" fzEVISED copies of the Partition Plat, Sheets 1-2 of 2 . (1) 8 W' x 11" Easement & Maintenance Agreement O.R. 2009-022292 Please also review the shared access easement language in the Declaration on Sheet 1 for Parcels 1 & 2 which also makes reference to the shared driveway easement & maintenance agreement with Margaret Rubin on the adjacent property to the north. Regarding the Assessor's Map and Tax Lot reference in the lower left corner of-both sheets, the county assessors office has recently updated much of Ashland and the number I am showing reflect the current county designations. If you have any questions, please don't hesitate to call. Yours truly, 5~~r- Shawn Kampmann Professional Land Surveyor S:\swveys\304-05\Peckham Partition Plat Review Transmittal 2010-04-05.doc P. O. Box 459. Ashland. Ol'ogol1 97520 Phono: (541) 482-5009 Fax: (541) 488-0797 :I't 0 b i I 0: (54 1) G 0 1 - 3 000 w w W pol a r i 5.5 II I' V 0 y. co I1J October 23,2010 Mayor John Stromberg City of Ashland Ashland, Oregon Dear Mayor, This letter is being written to express my support for the building proposal of my neighbor, Barry Peckham. I understand there is a problem for Barry's use of his property because of the City of Ashland's designation of a flood abatement corridor. It is difficult for me as a long term resident of Oak Street and an owner of property that borders Ashland Creek, including the land behind Barry's lot, to understand why the city is requiring a diminished building foot print based on a flood plain that is contrary to my flood experience. Because Barry has been a good neighbor for over 30 years and has been very amenable to working with me when putting in the shared driveway, I hope the city will work with him to find a reasonable and fair solution to the flood plain issue. Thank you for your time in considering my letter. Sincerely, --f1( ~.vi t{ PJ.u:c Margaret Rubin 323 Oak Street Ashland, Oregon mail 1200x797 pixels C0 11/7/10 10:55 AM https:llm ail.google.com/mail/?ul=2&ik=c8c38e5a2 5&vlew=att&th= 12bdf3c08df46aaO&attld=0.1&disp=inli ne&realattid =Lgf06i8k30&zw Page 1 of 1 mail 1200x797 pixels o 11/7/10 10:48 AM https://mail.google.com/mail/?ui=2&ik=c8c38e 5a2 5&view=att&th = 12 bdf3d5 d811 0 14 5&atti d=0.1&disp =i n line&real attid=Lgf06k40g0&zw Page 1 of 1 mail 1500x1094 pixels @) 11/7/10 10:52 AM https://mail.google.com/mail/?ui=2&ik=c8c38e 5a2 5&view=att&th = 12 bdf3 a2 Oe8e5d 7 c&atti d =0.1&disp=inline&real attid = Lgfo6f8i rO&zw Page 1 of 1 ~"-:., '.')':/# ~)'g--!:/?; .. ,.. .; , Jac..~0n County Official Records 2009-022292 R-A Cnt=1 Stn=3 MORGAN~/18/2009 01 :22:52 PM $'15.00 $1000 $5.00 $11.00 Total:$41.00 1111111111111111111111 01379473200900222920030037 I. Christine Walker, County Clerk for Jackson County Oregon certIfy that the Instrument identified herein was recorded In the Clerk' records. Christine Walker - County Clerk SHARED DRIVEWAY PERPETUAL MAINTENANCE AGREEMENT This is a Shared Maintenance Agreement for the improvements made on an existing driveway between two neighboring property owners at 303 and 323 Oak Street, Ashland, Oregon. Parcel 1 , 303 Oak Street, is owned by Francis B. (Barry) Peckham. Parcel 2, 323 Oak Street, is owned by Margaret (Peggy) RUbT..; );/. This Shared Maintenance Agreement has been entered into on this ~ day Of(tt~ lVLi009. . The owners of the properties Sharing this driveway agree to the following. 1) To share the necessary repair and maintenance expenses in connection with the shared driveway Easement on a SO/50 basis. 2) To settle any disputes in connection with the repair and maintenance of the Easement area by Arbitration in accordance with Oregon Statutes in effect at the time of the dispute. 3)That this agreement is binding on present owners of 303 Oak Street and 323 Oak Street and their heirs, successors and assigns. ....,.... ~ Agreed to and signed on r1 Lt. 1\1 ~ 1 ..J F~iS B. pec~~p'm ,1 ] . f 1't,eAJ\t~ B -Rw'1{)1(,~ ,2009. Margaret Rubin 303 Oak Street Ashland, Oregon '~~0UL1 ;2~. 323 Oak Street Ashland, Oregon State of Oregon ) County of Jackson) This instrument was acknowledged before me on Jt;llASL l8 I ZDO q by ~ARe-T ~t.l~i/l t fR~~~itl~1 Notary Public - State of Oregon _OFFICIAL SEAL BILLIE K. BOSWEll NOTARY PUBUC-oREGON COMMISSION NO. 436471 MY COMMISSION EXPIRES APR. 7,2013 o U- ~\\, It ~ ro>a1 ~~\b Ii ~ f02-l~"'\~Ebm\ri "'N6.l(\\\'\~~ -3~~~bf\\ ~. ~\h~:A { . ' .l; . CTI ~35 24 5 Slate cl. Oregon Counly 01 Jacil.on"SS. Q' 70 k EXlIIDIT "A"TI ~ '{.\i!1,in inslrumenl received and liIed tl~o'c1oc '''/1.' 'r.l. l'le z..'l...,.-Ilday ol~~~.1~2~ Ilt~Orrl~d i. >> if ~:::tG(d~ (0[ J.d'..r .1 (,~ .:'!y ('.~" , '~. ...._ColJnty Clur... PAHCJ.::I NO 1 - . "'i '..-- n.lO. Of. 'I ._._ .:~._.:._._' 1l";Jj,_ _ _I':>!: _ ..'--' ..1. A tJ:act OJ: parcul of lun<.l :d I.ual.nd ill I",ll U, Olock 15, in the City of Ashland, and thu Southwest qu"~Lwr of section 4, and the Northwest quarter of Section 9, Township 39 south, Runge 1 East, Willamette Meridian, Jackson County, Oreyon, and being mOJ:e fully described as follows: ',(;-1,10',3 Commencing at a 3/11" iJ:on plp.e, Gituated at the centor line intersec- tion of Oak and "A" Streets, in tihe Ci ty of Ashland, Jackson County, Oregon; thence North 050 14' 121" ;Wcst, (,3.01 feet, to a point on the Northwesterly right of way of Oak Street, said point being an angle point in said right of way, ,nd also the Northeast corner of that tract of land conv~y~d by Baptiste Chcgar to Laura M. Patton, and recorded in Volume 22, Page 31, Jackson County, Oregon, Deed Records; thence South 230 11' 39" West (Deed Record South 230 09' West, 191. 74 feet), along the Northwesterly right of way of said street, 191.22 feet, to a 5/B" x 211" iron pin, situated at the Northeast corner of Lot 5, Block IS, in the City of Ashland, Jackson County, Oregon, as shown on the Official "city of J\shland" Map, adopted November 5, IBBB, for the true point of beginning; thence leaving said right of way, North 640 JO' 47" West (Deed Record North 640 West, 200 feet), along tlw Nort.herly bllunllnry linc of Lot 5, I\l('lck 15, said City, 200.0 feet, to iI ',In" x 24" iron pill; l:hnncu Innvin,.l ~H\id Northclrly boundary line, Norlh 2)0 II' 39" gnst (Dned Ilccord I~l)rth 230 09' gllsl, 60 feet), 60.0 feet, to a 5/0" x 24" iron pill; thence South 640 38' 47" East, (Deed Record South 640 East, 200 feet), and parallel to the Northerly boun- dary line of Lot 5, Block 15, 5nid City, 200.0 feet, to a 5/8" x 24~ iron pin, situated on the northwesterly right of way of Oak Street; thence South 230 II' 39" West (Deed Record South 230 09' West, 60 feet), 60.0 feet, to the point of. beginning. : , , ! j; I I' i;: '1',; i':' '1 i; I' I;; ,:, t' tl1 .~ I ,'.\ ~~ ~~~ '~f ,.... .1,1 . l:!.~ I- , ~ ...~I\ !:,}I 1'..':; f:if ;. .!:~ :;1.1 ':~q IS:! t).~ ., ~~i~ . ,,', ;~'J !~~J ,bi I:;~ ' I i,;' .~~ " . I,,, l., : :' Ii .:\.. -.: . .' i~::~~~~~ ". . . ~':::' ~ " .' 0, " " . ..... .",,' .f_,' ,I' 1... . .'. .:'.. {;j:}i1'.~~.' ,'. ' .~. ,;'1 .,~. . '1 .".~:.J , ~ '. . .'.' . {../i,\.. ',';;.':'. ,0 . '., ~ \ . .o:.tf?5-' . t . ..:.~...;.:.!...i;:..:.::; . I I " ; ; ....;.:: .. '.' )~i!~~(: t~ ,')r ~ ',' I . .i"17~'. \~ ';C~:, :;'f:'X~~j i, ,(...,,-:..... . "~'r I ltf;i;';;;~fff~~: ....: '. ,. i. .I~,..t,.. r ~. .{1::~1:' ..~:..t::~.~~t~t :'1 " r '-f".... ,'.. .: ", ;'i)fr:.i". ": ;'d!,i:;;'~'C; .;~~i.::' .~\.J ~f''''' ", .,,~~it, ,. ~r:~: :i::.:'~;~~~.5.i>- ~.>~tJ.ltS;: : . .." ., .'r.'~.' '{:\~\:~.':..:". ~~(' '~:;.~>::':"i' .:. ; ::~~~~s~..:. . .....1' ....... t.'" "," {i). :~.~;.1;. .~l:~~:.; <:~ ....~~ I ,.: _. ....\1... ," (,,/'..i;'tE ',' :~~~;:'~~.K~. :~::.nff.~?'.' .....,..,...... 14m ." ~~::\f:r;;:~: ::.~:::~. :A~;. t . '.:l'l' . .. .tf1).., f~\~J\:~:i.i:;;~:'1j 1;'..:: .' ,'''''' .~ t' .1 tal .' ~~'. .~.<;..;. \.::{.'.;: . j:!i'(i,:,' .... r . '," ...{J,ot.. ::::::':;"<' :'i.).:'..(~: ;:~, .' ..,'. ...,..~~ '~:l:;~.;;,,'::l 1,0',.-." : '. - '..;: ~J" .. :,;',.;): .<'.,. ,., ":i'~W< .: " .' {', \.,.. . '1,';1. ....~\.. ~:\:~ ~~; ,:. ,,':.' ~\.:. ',.' 1 .. ~ i '. ;\' '\'11'.,1\ \' i\~:~. ':>..' .'~. ~"~*'. .' i.. 1~~iI . ". .hl:, :. ""M'l" /. ';:" '. . . :~J . ;,.. :. :'.. . ~'y.~ .:'. .'. :" .':":" ~ . J~~: . ':: . '..,. . " "~l"~" ;,.: ',' 'j;' .. ~'-.!)'( .. , .~~. ': \. .... f1{ : '.. ........ .......l~;..' ~;::.~. < :." ,::, . ~;~\~~I\. ..... ,If,.~. . I,.~t~/ "f ;'. " I. jl i' \.. " ; . -&l\~I:VG '. IOU' Ih, 72J-IAIGAIII AlaI) SAlE DUD Ilndt\'tdllGI u Cupo'al.l. 'TIl.YJ:Hf.,n:SS '-AW rUG. co.. ,o"tLMIP. 0". .no. r g,s;. ffil\ ,p-J!!;- ~. KNOW ALL MEN BY THESE PRESENTS, Thllt...SllJ..1I.t...I.\Q1L~R..NAJ).IL.................._............_........................ ..................................................................................................................................................................... hoteinal/er coiled tItan lor. lor IIle consideration horeinalter slaled, does here6y grant. bargain, selland convey unlo..................................................... })I.\R.QAR~f..J;^:lJl..RJ.m.lU.............................................................................................................................................-......................., hereinafter called tIran/ee. and unlo gran/eo's heirs, successors and assitIns all 01 Ihat cerlain real property with Ihe tenemenls, horeditamonls and appurlenances thereunla be/onginiJ at in anywise IIpperlaininiJ. .,ilualed in Ille Counly of ....J.~!tl\!!9.H.......................... Slale of Oregon. described as follows, to.wit: OA BARGAIN AND SALE DEED J./cJO 85-~1619 Beginning at the Southwesterly cornel;' of Lot 6, nlock 15, Cl ty of }\shland Jackson County. oregon, according' to the lBOO Official Map of said CitYl ' thence North 23009' Bast. 124.0 feet, to the Southwesterly corner of pro- lperty described in Volume 515, Page 311, Jackson county, Oregon, Deed ne- . cords 1 thence South 640 East, 328.02 feetr to the Southeasterly corner of I property described .in Volwne 366, Page 407 r said Deed necords i thence South 1230 09' l'lest, 64.74 feet, to the Nor,theasterly corner of property described in Volume 131, Page 396. said Deed necords; thence North 640 West, 200.0 . feet, to the Northwesterly corner of said property; thence South 230 09' West, 60.0 feet, to the Southwesterly corner of said property; thence t10rth 640 Nest, 128.02 feet, to the point of beginning...... . .. . .... . _ , .... (If SPACE INSUFfIC1fNT, COtUlNUE DtSCRlPJlON ON REVERU 51Dl1 To Have and 10 Bold lite slime unlo lite said grenlee and tJranlee's heirs. successors and assitJns forever. 7'he froe and actuaf consideratian paid lot this tra,.1for. staled in terms of dolla13{i. $.R.j;f.I\I~_'t.;l.l)n_............ 0Howevor. fh. ac/ual ,consideration consists pI at inpludes olhbr property or value tJiven or pronctised which is ~t;;J~~ol;'. consideration (indica Ie which).@('Tfto ..nl...... bo/w..n IIuJ .ymho1.0"ill\O/ oppIlCO/Jt...hould bp dotoled. so" OR1~ 93.030.) In conslruing this deed and where the con'text so requires. Ihe singula'r includes Ihe plutaland all Arammlltical changes shall be implied 10 make /fIe provisions hereolapply equally to corporations and /0 indjviduals_ In Witness Whereof. lite gran/or lIas executed this inslrument this_.../.!:.ft..day 01.......:::;U;..IY..,........._...........19.~.t:.; i1a corporate tItllntor. itlllls caused its name /0 be signed and~ea a/lix.d by i~S Iicers, duly aulhorized therelo by ardor 01 its board of direclors., ~ .4" 4 ~ THIS INSTRUMENT DOES NOT GUARANTEE THAT ANy..... ....... . ..............; ...... .... . :7C....~~............ PARTICULAR USE MAY BE MADE OF THE; PROPERTY allie Roller Nash DESCRInED IN THIS INSTRUMENT. A BUYER SHOULD ..--............................-....................................,..........................-... CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT 'TO VERIFY A~PROVED USES; ...............................-.............................-...................................... (~.:~,h:tr:,'~ ~~ -:t\:~r:ct~m~::~p~:~:f:.\ ST;tTEOFE$Rlf~' . ) ,.,,,u.u,.,, ) ss. \". I" ..... 4i'\"e'V1f ..1."" .. ........... . ........................) . "i~'fM.fbl~"~j{<~~mw. acknowledflod boloro . /I" '-. "'I'.. ' ::s- f ~ln.'h!W\ '. ~ rolr '.'Nii" c...._.......19.&:.....by f (-, :~~;..~.;~.;...l.~.~=:~:::.~~.~~:~.......~=~~..:~::::~~:=~~::=~ \ .....e.lJ.8.\:.\~.. ....~:.~.,.. ................ .....~.. ................... '. I< . '. .,,'. ~ /~:..~..:. ;.",.\ .:"{ . ......-. ., ..N~i-.~J;p;;.. Q i~;O;;;4~;; f~&Ik\' ,.... ' '.. . -"(.. .\1 \\" M)'comml..lonoxpl,e" /-6 ~ <j f{ 10RS .94.5101 STATE OF OREGON. Caual)' 01 ............_............_....._..... .._..............._.. )ao. TIuJ Jo'ego.jn~ lnstromenl WaJ ac'now/edled ~/o'a me III;, ...........__......._~..__., 19....._, by ._.,................_........._._.._.........__._.........., __..._...___........... pt.Jldant..nd by ............_..._.......................__..........~....H..........., ..._,..~__............._..... aacl.tary 01 ..........._.............__......_...................._...._........ .._._.._................_.._-.....I.-....,.............."7.........~...-.....-....--....-.............................. .. ...........~....__..~..._........._....:.._....... elJrpo,."on, on behall 01 tfi. corporation. N~.i;~y.p~bli~I~;.o~~;;;...._....__._....._......._....._._. (SEAL) My commlu/on expire.: (I' ...c",." LV . ulpuQII.n. aUlx UI,olot. lull --S.:r.AX.R..OF.OREGQN. ) tSS, I -~_........._....,-_......_--,...__.....-..._----...-...._-_......_._..--.......-.. GRANTOR'S HAlon: AND ADDRESS ru- Ihe ~. ...._,........... -,. .----,--..----....-,...-....---........-,--------.....---- GnAN'l.t:.'$ tI""'E: AND ADDRESS . .JacKson County, Oragon. ReCOIded OFFICIAL RECORDS ~=()IJ DEe 1 81985 f .x. KATHLEEN s. BECKETT ...:. ~ .... IU:COBD'. . B flillAH,-J;:;;- 'Dtp~ ~ fed on' rU, SPACE ,.. .a nlECOROE An" 'Ulldlng uhll" 'OJ .,....... ...-.".........-..-...-,......--..N;;;;,-~nrn:_i~--..-.-.._---- Valli a ,hang_ h uq\lllhd QtlltllC IlallmlnllllleU b. .,ft' I. 'fl. I.lfowlnll addr.... "'...........-..........--;:;-"";i'E:-;.'.;;)'''EGS'.'i.ij.-.......-..------.--.-...... By......................................_............. Depu/y ~. . F';{~;@}W ;. ." ;, ~:; . .' ." ..... I I ! '...., '6:' .' .}. i I i , i t r: f '. .;' . :. .: '~l ,,! ..: ~'. .;.;;,.: 'It' ;. ;:.; '..: ,.~ .': ,; .i. "'. .!; P .': (;."I:i.','f .": '. ," :~:~~..\:ri\.;~:! I ,. .1.,... .,.'. .... \ .'.;.'i.:..:ri~~~;1l?;~~ I ',' I'.'...,........."t i' ).>.::f~.{/.~;~~. , . ,I. ..'c. ...... ,. i' " :::' .;,:~:/:;~.j.~~;':~. 4 ','. .~.. . .' .- :: . i\l$iJ'iM'~ ~ ~j .i <. };;~~?-\./~:: ,~,.r~,\r~il{1 ! j::" "':.. , ! . ' ~" ~ of , , 'l\ L, r" 1. I " I' I '1.(' .i L ! ! ~: i '. . ~. .-:j~"~-.:'.' .r- .' . \ \ (j; C! U. C "" c " c c \J)' I ::t: lw (J ~ ZJ ~_~_ ~ I ~ 015" ._~__ '" Q.- ~-- I ~ -~-~Cl::: -K(;3 8: - ~~, -----~-T- I I--: U 55 ,,9 ~, i I -- -~-T~~@ 5}; V 0 -Eb-- -U- T S <:::::>Cl::: ? _,_ - ~1, f[ f[ CL ...L D ~, ,---g, '---\- d/~IJ...~-' % '-~'~'~ ,- ~ '" ~lE:J '", Hi .i ~':.;<' :'::1.~;:.:);,~..I~i'..::~'~.;O~::~t::~;::::',,;Pri"Qli'~", :., ~. ~ C< I h ~ N ~ q ~ 2 --~ I I I I I I I I I I I I I I a a ~ h o ....:j ~ l- . <: C:>Q~ C'\j~l.j ~o EJ1~ ~K U)U)L..J l.j >- ~ lw U) Cl:::~ 0S1t;] 2 ~~ g:~;..? -0 '" lwCl:::Cl::: "l; l.jQCl::: ~I;f ,:,,~';'":~::;"'>\\;'.\ ----T I ! I I , I ~I c[j ~I (1)/ z, O. -I ~I ~I &6 Liir;: ffF- I I -;J ~ v11 t o,.{)[ 12-(2. . , f)b IE; l.L.l>,t f.-Z:' it ~ ~f J'\2'0;COJl ;6119 eto\-cJn. 3q1"'f\Z.K)~ ~ ~'1Jt +1. Pjf~1! I ~ w~-t~ \S\ ~~ i~ a a ~ h o ....:j ~ lr) GCt: ~~ 1f5C1: a a \2 E- O ....:j ~ roi~t oK) f2bF~dr L \ Y2- 4> Above, tyJP)~ ~'l- 1)--b.-'E.-i- t \f\ ~ ? 6g:0Mu.>;~/~~\~ ~ \f\ \ I} ? '-I), ---- ? . % 1 I ~-t <:".l f.-: '" ~. I c:::,~~ l:? lo... ~ r Ilo..i\:li5 ~ ~ % .f I~~~~~ ~ ~ r /0 Q::(j\.}V) '-..I . i 18:C1:~r?i;:j ~ L_-..., t:l.; a ............. ~ " ............ -Y4-h ............ <9 ""0 \.lOllS <>'0-<, <::l '" ------, c:i U) i'--. co Q) l() 33ft.~ --t~ ~~~~Ie.-<::l'Ol\jz.u , ZdS?<l<Jm Pwr~<o~! e:ol(,i\')~'2- to .{ ~ro rX '1'i,'L\~~JOI\J d~ 2f g g H:J ~ 00<<' -J ..,i 006~ .L07 XV.L ~8 ~3 U)Lc: ""'<:Cl:::~ lo...kj:::.'i 0).:: C:C:> _c:> (J- "-. I "-. ~ 1i'~1 ),: " I lo..i't cj~ ---! Ii <::l ),:crj lo..i't 'j~ UNV7HSV CITY Of ASHLAND May 3, 2010 Barry Peckham 303 Oak Street Ashland, OR 97520 RE: Ministerial Action #PL-201O-00390 Notice of Ministerial Decision On March 31, 2010, the Ashland Planning Division approved your request for an extension of the Planning Action #PA-2008-00910 for the propeliy located at 303 Oak Street -- Assessor's Map #39 IE 04CC Tax Lot #600. This extension is valid for a period of 12-months per Ashland Municipal Code 18.112.035, B. Timetable Extension, the previous approval was prior to July 1,2009 and your approval was current as of January 1, 2010. No further extensions are allowed. The conditions of the original approval remain in effect, and shall be met prior to project completion. If you have any questions regarding this decision, please contact the Department of Community Development between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305. 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 ~~,