HomeMy WebLinkAbout2005-266 Findings - Dale Shostrum
BEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
October 18, 2005
IN THE MATTER OF PLANNING ACTION #2005-01050, REQUEST FOR
A LAND PARTITION TO CREATE A FLAG LOT FROM THE REAR OF TWO
EXISTING PARCELS FOR THE PROPERTIES LOCATED AT 720 AND
730 LIBERTY STREET. A PHYSICAL CONSTRAINTS REVIEW PERMIT IS
REQUESTED TO CONSTRUCT A DRIVEWAY ACROSS A RIPARIAN
DRAINAGE, AND TO CREATE AND DEVELOP A PARCEL WITH SLOPES
25% AND GREATER IN HILLSIDE LANDS.
APPLICANT: Dale Shostrum
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RECITALS:
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) FINDINGS,
) CONCLUSIONS
) AND ORDERS
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1) Tax lots 7300 and 7302 of39 IE 16AA are located at 720 and 730 Liberty Street and are zoned R-
1-7.5; Single-Family Residential.
2) The applicant is requesting a land partition to create a flag lot from the rear of two existing parcels, and
a physical constraints review permit to construct a driveway across a riparian drainage and to create and
develop a parcel with slopes 25% and greater in Hillside Lands. Site improvements are outlined on the
plans on file at the Department of Community Development.
3) The criteria for Land Partition approval are described in Chapter 18.76 as follows:
A. The future use for urban purposes of the remainder of the tract will not be impeded.
B. The development of the remainder of any adjoining land or access thereto will not be
impeded.
C. The tract of land has not been partitioned for 12 months.
D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the
land.
E. The partitioning is in accordance with the design and street standards contained in the
Chapter on Subdivisions.
F. When there exists adequate public facilities, or proof that such facilities can be provided,
as determined by the Public Works Director and specified by City documents, for water,
sanitary sewers, storm sewer, and electricity.
G. When there exists a 20-foot wide access along the entire street frontage of the parcel to
the nearest fully improved collector or arterial street, as designated in the Comprehensive
Plan. Such access shall be improved with an asphaltic concrete pavement designed for
the use of the proposed street. The minimum width of the street shall be 20-feet with all
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October 18, 2005
Page 1
work done under permit of the Public Works Department.
1. The Public Works Director may allow an unpaved street for access for a minor
land partition when all of the following conditions exist:
a. The unpaved street is at least 20- feet wide to the nearest fully improved
collector or arterial street.
b. The centerline grade on any portion of the unpaved stn:et does not exceed
ten percent.
2. Should the partition be on an unpaved street and paving is not required, the
applicant shall agree to participate in the costs and to waive the rights of the
owner of the subject property to remonstrate both with respect to the owners
agreeing to participate in the cost of full street improvements and to not
remonstrate to the formation of a local improvement district to cover such
improvements and costs thereof. Full street improvements shall include paving,
curb, gutter, sidewalks and the undergrounding of utilities. This requirement shall
be precedent to the signing of the final survey plat, and if the owner declines to so
agree, then the application shall be denied.
H. Where an alley exists adjacent to the partition, access may be required to be provided
from the alley and prohibited from the street.
Further, the criteria for Flag Partition approval are described in Chapter 18.76 as follows:
A. Conditions of the previous section have been met.
B. Except as provided in subsection 18.76.060.K, the flag drive for one flag lot shall have a
minimum width of 15 feet, and a 12 foot paved driving surface. For drives serving two lots,
the flag drive shall be 20 feet wide, with 15 feet of driving surface to the back of the first lot,
and 12 feet, respectively, for the rear lot. Drives shared by adjacent properties shall have a
width of 20 feet, with a 15 foot paved driving surface.
Flag drives shall be constructed so as to prevent surface drainage from flowing over
sidewalks or other public ways. Flag drives shall be in the same ownership as the flag lots
served. Where two or more lots are served by the same flag drive, the flag drive shall be
owned by one of the lots and an easement for access shall be granted to the other lot or lots.
There shall be no parking 10 feet on either side of the flag drive entrance.
Flag drive grades shall not exceed a maximum grade of 15%. Variances may be granted for
flag drives for grades in excess of 15% but no greater than 18% for no more than 200'. Such
variances shall be required to meet all of the criteria for approval as found in 18.100.
Flag drives serving structures greater than 24 feet in height, as defined in 18.08.290, shall
provide a Fire Work Area of 20 feet by 40 feet within 50 feet of the structure. The Fire Work
Area requirement shall be waived if the structure served by the drive has an approved
automatic sprinkler system installed.
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October 18, 2005
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Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the
Uniform Fire Code and subject to all requirements thereof.
Flag drives greater than 250 feet in length shall provide a turnaround as defined in the
Performance Standards Guidelines in 18.88.090.
C. Each flag lot has at least three parking spaces situated in such a manner as to eliminate
the necessity for backing out.
D. Curb cuts have been minimized, where possible, through the use of common driveways.
E. Both sides of the flag drive have been screened with a site-obscuring fence, wall or
evergreen hedge to a height of from four to six feet, except in the front yard setback area
where, starting five feet from the property line, the height shall be from 30 to 42 inches in the
remaining setback area. Such fence or landscaping shall be placed at th(: extreme outside of
the flag drive in order to ensure adequate fire access.
F. The applicant has executed and filed with the Planning Director an agreement between
applicant and the city for paving and screening of the flag drive. Such an agreement shall
specify the period within which the applicant, or agent for applicant, or contractor shall
complete the paving to standards as specified by the Director of Public 'VV orks and screening
as required by this section, and providing that if applicant should fail to eomplete such work
within such period, the City may complete the same and recover the full cost and expense
thereof from the applicant. An agreement shall also provide for the maintenance of the
paving and screening to standards as indicated in this section and the assurance that such
maintenance shall be continued.
G. A site plan has been approved by the Council. The site plan shall be approved provided
the regulations of the zoning and subdivision titles are satisfied. Such a site plan shall
contain the map requirements listed in Section 18.76.050 and the following information:
1. The location of driveways, turnarounds parking spaces and useable yard areas.
2. The location and type of screening.
3. For site plans of a flag lot, the building envelope shall be identified.
H. No more than two lots are served by the flag drive.
I. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of
the flag drive area, must meet the minimum square footage requirements of the zoning
district.
J. Flag lots shall be required to provide a useable yard area that has a minimal dimension of
20 feet wide by 20 feet deep. As used in this chapter, the term "useable yard area" means a
private yard area which is unobstructed by a structure or automobile from the ground upward.
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K. Flag lots adjacent to an alley shall meet all ofthe requirements of this section, except that:
1. Vehicle access shall be from the alley only where required as a condition of approval;
2. No screening and paving requirements shall be required for the flagpole;
3. A four foot pedestrian path shall be installed within the flag pole, improved and
maintained with either a concrete, asphalt, brick, or paver block surface from the street to
the buildable area of the flag lot;
4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at
the street shall be identified by the address of the flag10t clearly visiblle from the street on
a 4" X 4" post 3Y2 feet high. The post shall be painted white with black numbers 3 inches
high running vertically down the front of the post. For flagpoles serving two or more
dwellings, the addresses of such dwellings shall be on a two feet by three feet white sign
clearly visible from the street with three inch black numbers.
Further, the criteria for a Physical Constraints Review Permit are described in Chapter 18.62 as follows:
1. Through the application of the development standards of this chapter, the potential
impacts to the property and nearby areas have been considered, and adverse impacts have
been minimized.
2. That the applicant has considered the potential hazards that the development may create
and implemented measures to mitigate the potential hazards caused by tht:: development.
3. That the applicant has taken all reasonable steps to reduce the adverse impact on the
environment. Irreversible actions shall be considered more seriously than reversible actions.
The Staff Advisor or Council shall consider the existing development of the surrounding
area, and the maximum permitted development permitted by the Land Use Ordinance.
4) The Council, following proper public notice, held a Public Hearing on October 18" 2005 at which time
testimony was received and exhibits were presented. The City Council approved the a.pp1ication subject to
conditions pertaining to the appropriate development of the site.
Now, therefore, the City Council of the City of Ashland finds, concludes and recommends as follows:
SECTION 1. EXHIDITS
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"
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October 18, 2005
Page 4
Opponent's Exhibits, lettered with an "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 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.
2.2 The Council finds that the proposed parcels meet the mInImUm lot size and dimension
requirements. The three lots each exceed the minimum lot size of 7,500 square feet of the R-1-7.5 zoning
district with Parcell being 10,106 square feet in size, Parcel 2 being 10,367 square feet, and Parcel 3 being
15,115 square feet. Additionally, the existing houses located on 720 and 730 Liberty Street will meet
setback requirements to the proposed lot lines, and will meet lot coverage requirements.
2.3 The Council finds that public facilities including water, sanitary sewer, storm drainage, electric and
transportation are in place and have adequate capacity to serve the new vacant parce1. Public utilities are
including water and electric are provided from the Liberty Street right-of-way, a sanitary sewer line
connection is available in the southeast comer of the proposed vacant lot, and storm water can be directed
to the drainage running through the site. Access is provided by two public right-of-ways including an alley
and Liberty Street. The primary proposed vehicular access is by way of the alley, and the secondary access
for emergency and guest access is by way of the existing looped driveway system connected to Liberty
Street and the alley.
2.4 The southern end of Liberty Street is unpaved for a length of approximately 500 feet. The subject
properties front Liberty Street on the unpaved portion of the street. The minor land partition criteria allow
the Public Works Director to allow an unpaved street for access for a land partition if the driving surface is
at least 20 feet wide to the nearest fully improved collector or arterial street, and the centerline of the
unpaved portion of the street does not exceed ten percent. Additionally, the applicant is required to sign in
favor of a local improvement district to improve the unpaved street to city standards iIG the future. Liberty
Street meets the width and grade requirements, and the applicant is willing to sigrl in favor of a local
improvement district for the Liberty Street improvements.
2.5 The Council finds the alley is sufficient to serve one additional home. The Council recognizes that
an engineering standard for alley capacity does not exist, and the Ashland Land Use Ordinance does not
specify a maximum number of units that can use an alley or a performance standard for alleys. Rather, the
Council recognizes that the primary issues in evaluating alley access are the number of vehicle trips per day
on the alley, the width of the driving surface, the history of accidents, and emergency access. The alley is a
public right-of-way serving the site and is connected to Ashland Street. The alley is adjacent to 26 parcels
and twelve properties currently use the alley for vehicular access. Twelve properties would generate
approximately 120 car trips per day. The proposed partition would result in the addition of one new lot
using the alley which would generate approximately 10 vehicle trips per day. The Council finds the alley
currently experiences low volumes of vehicle trips and can accommodate ten additional trips per day. The
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October 18, 2005
Page 5
alley has eight to nine feet of driving surface, and the applicant proposes to widen the driving surface to 12
feet in width with 15 feet in clear width. The Council finds that the driving width of 12 feet is accordance
with the required alley width of 12 feet in the Ashland Street Standards. There are no recorded accidents
for the alley or intersection of the alley and Ashland Street, nor any indications of safety problems
involving the alley. Additionally, the intersections of Liberty and Ashland, and Beach and Ashland have
four way stops, and there are not indications of problems at these intersections. The Council finds there
are no safety issues in regards to motor vehicle accidents in the alley or at the aUey intersection with
Ashland Street. The Ashland Fire Department has determined that Liberty Street and the existing looped
driveway system would be used as the ingress in an emergency event, and egress would be by way of the
alley to Ashland Street. With the improvements to the driveway system proposed by the applicant,
widening of the alley driving surface to 12 feet with 15 feet clear width, and the vertical clearance in the
alley stipulated, the Ashland Fire Department has determined the driveway system from Liberty and alley
to Ashland Street adequate access for an emergency event. The Council finds that this right-of-way was
platted as an alley and has been historically used as an alley to provide vehicular service access to the back
or side of properties. While the Council recognizes that it is less common in Ashland to have an alley with
one connection to a public street, the Council finds that this narrow right-of-way functions as a secondary
vehicular access to the back or side of properties otherwise abutting on Liberty or Beach Street, and
therefore is an alley.
2.6 The Council finds that the flag drive as proposed meets the width and grade requirements of
Chapter 18.76. At the maximum, the flag drive is 15% grade in the area north of the drainage with the
majority of the flag drive grade being 3 to 4%. The proposal is to pave the flag drivl~ to 12 feet in width
with 15 feet clear width as required. The flag drive is 155 feet in length which is well below the threshold
of 250 feet for the fire truck turnaround requirement. Three off-street parking spaces are provided on the
flag lot as required by the approval criteria. Additionally, a turnaround is provided near the proposed home
so that cars can exit the driveway onto the alley in a forward manner.
2.7 The Council finds that proposal to construct a driveway across the riparian drainage to the new
home site is designed to minimally disturb the drainage area and use relatively small amounts of fill
material. The drainage channel is identified as a Riparian Land Drainage on the Ashland Comprehensive
Plan map, and therefore is subject to the development standards for floodplain corridor lands in Chapter
18.62 of the Ashland Land Use Ordinance (ALUO). The development standards for Floodplain Corridor
Lands permit culverting or bridging of waterways or creeks identified on the Ashland Comprehensive Plan
maps. The amount of fill is required to be kept to the minimum necessary to achieve property access. The
proposal is to install two 12-inch diameter culverts in the drainage swale with one to three feet offill in the
swale area. The driveway improvement would be 12 feet in width with an additional rock inlet and outlet
transitioning to the culvert. The resulting drainage channel disturbance would be approximately 20 feet in
width. The crossing is required to be designed by an engineer and designed to accommodate a 1 DO-year
flood event. The proposed crossing design is designed by the project environmental and geotechnical
engineer. Outside of the driveway and the driveway crossing, any other development is required to be ten
feet from the drainage. The site plan identifies a 20 foot setback from the drainage easement to the closest
point of the building envelope. Given that an alternate route is not available to the home site, the Council
finds that the proposal to cross the drainage channel with the driveway will create minimal impacts on the
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Octo\;ler 18, 2005
Page 6
property, adjacent properties and the will not create adverse impacts on the enviromnent of the riparian
swale.
2.8 The Council finds that the proposal to create and develop a parcel with slopes 25% and greater in
Hillside Lands consistent with the development standards for Hillside Lands and the approval criteria for
a Physical Constraints Review Permit. The Hillside Development Standards require newly created lots
to include a buildable area and driveway locations with slopes of 35 percent and less, and to include a
report prepared by a geotechnical expert indicating that the site is stable for the proposed development.
The building envelope for the proposed home is located on a bench area was created at some time in the
past. The natural grade of this are as indicated in the application is between 20 and 33 percent. The
majority of the proposed driveway is located on an area with a natural grade of 14 p~:rcent in slope. The
exception is the southern end of the driveway between the drainage channel and the garage which
includes areas of a natural grade of 25 percent slope. The application includes a geotechnical report
assessing the stability of the site as well as recommendations for retaining walls, storm drainage
treatment and temporary and permanent erosion control measures.
The areas of development that area located on slopes 25 percent and greater, and therefore subject to the
development standards for Hillside Lands are approximately 20 to 30 feet of driveway on both sides of the
drainage, the area of the proposed garage and the southern edge of the proposed home location. The
geotechnical report includes recommendations for grading and retaining, foundation design, storm drainage
treatment and erosion control as required. The application includes an inventory of existing trees and the
driveway and building envelope have been located to preserve the maximum number trees on the site.
Since the building pad was created years in the past, the area is largely void of trees. The driveway
construction will require removal of four trees and the garage construction will require removal of one tree
leaving 89 of the 95 trees on the site in place. The Council finds the proposal has been designed to utilize
areas oflesser slopes and to minimize impacts to the areas of natural grades of 25 percent and greater.
2.9 The Council finds that the proposal meets all applicable criteria for a Land Partition and Flag
Partition described in the Partitions Chapter 18.76, and the applicable criteria for a Physical Constraints
Review Permit in the Physical and Enviromnental Constraints Chapter 18.62.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the Council concludes that the proposal to
create a flag lot from the rear of two existing parcels, and a physical constraints review permit to construct
a driveway across a riparian drainage and to create and develop a parcel with slopes 25% and greater in
Hillside Lands is supported by evidence contained within the record.
Therefore, based on our overall conclusions, and upon the proposal being subject to e:ach of the following
conditions, we approve Planning Action #2005-01050. Further, if anyone or more ofthe conditions below
are found to be invalid, for any reason whatsoever, then Planning Action #2005-01050 is denied. The
following are the conditions and they are attached to the approval:
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October 18,2005
Page 7
1) That all proposals of the applicant shall be conditions of approval unless otherwise modified
here.
2) That a final survey plat shall be submitted to the City within 12 months of this approval.
3) That the third parking space shall be located on the flag lot (Parcel 3) by adjustments to the lot
line configuration. A revised site plan shall be submitted for review and approval of the Staff Advisor
reflecting this change prior to signature of the final survey.
4) That all easements for public utilities shall be indicated on the final survey as required by the
Ashland Engineering Division.
5) That a dedicated fire access easement and a mutual access easement for the flag lot (Parcel 3)
shall be indicated on the final survey for the existing looped driveway system from Liberty Street to the
public alley. The dedicated fire access easement shall be reviewed and approved by the Ashland Fire
Department, and the easements shall be reviewed and approved by the Ashland Engineering Division.
6) That the electric service shall be installed underground to service the parcels as required by the
Ashland Electric Department prior to issuance of the certificate of occupancy. The ,electric service plan
shall be reviewed and approved by the Ashland Electric Department prior to signature of the final survey
plat.
7) That a final utility plan for the parcels shall be submitted for review and approval by the
Engineering Division and Building Divisions prior to signature of the final survey plat. The utility plan
shall include the location of connections to all public facilities including the locations of water lines and
meter sizes, fire hydrants, sanitary sewer lines, storm drain lines and electric services.,
8) That the property owner(s) of 720 and 730 Liberty shall sign in favor of a local improvement
district to fully improve the unpaved portion of the Liberty Street and to pave and improve the alley at
the rear of the property to city standards prior to signature of the final survey. Additionally, the property
owner(s) shall agree to waive the right to remonstrate to the formation of a local improvement district to
cover such improvements and costs of Liberty Street and the alley through the rear of the property
through a local improvement district at a future date.
9) That the tree protection shall be installed according to the approved plan prior to any site work,
storage of materials or issuance of the building permit. The tree protection shall be inspected and
approved by the Ashland Planning Department prior to site work, storage of materials and/or the
issuance of a building permit.
10) That all recommendations of the Tree Commission, with final approval of the Staff Advisor,
shall be incorporated into the Tree Protection Plan and submitted for review and approval of the Staff
Advisor prior to issuance of the building permit.
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October 18, 2005
Page 8
11) That all requirements of the Ashland Fire Department shall be met, including but not limited to
installation a residential fire sprinkler system in the new home, prior to issuance of the certificate of
occupancy for the first home or structure.
12) That a fire prevention and control plan for wildfire lands shall be submitted for review and
approval of the Ashland Fire Department, and implemented prior to the issuance of the building permit.
13) That the flag drive shall be installed prior to issuance of a certificate of occupancy for the flag lot
(Parcel 3). The flag drive shall be screened with a site-obscuring fence, wall or evergreen hedge in
accordance with 18.76.060.E.
14) That the existing looped driveway system shall meet fire apparatus access :requirements of the
Ashland Fire Department including but not limited to an all weather surface, weight, width and grade
requirements prior to combustible construction.
15) That the public alley must cleared of overgrown vegetation to create a clear vertical space of a
minimum of 13'6" in height, and horizontal clearance the width of the alley right-of-way prior to
combustible construction as required by the Ashland Fire Department.
16) That the building permit submittals for the new home on the flag lot shall demonstrate
compliance with the building design standards of 18.62.080.E.
17) That all easements, including public utility easements, shall be identified on the building permit
submittals.
18) That new construction on the flag lot (Parcel 3) shall meet Solar Setback Standard A. Solar
setback calculations shall be included in the building permit submittals.
19) That individual lot coverage shall not exceed 45% of the lot area in accordance with 18.20.040.F.
Lot coverage calculations including all impervious surfaces shall be submitted with the building
permits.
20) That the flag lot (Parcel 3) shall have a usable yard area, as defined in 18.76.060.1 that has a
minimal dimension of 20 feet wide by 20 feet deep. The usable yard area shall be identified on the
building permit submittals.
21) That all recommendations including but not limited to grading, drainage and erosion control
measures in the geotechnical engineering report by Amrhein Associates, Inc. included in the application
and date stamped June 10,2005, shall be implemented in the development of the property.
22) That a preconstruction conference to review the requirements of the Hillside Development
Permit shall be held prior to issuance of the building permit. The conference shall include the Ashland
Planning Department, Ashland Building Department, the design professional, the general contractor,
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October 18,2005
Page 9
geotechnical expert, landscape/tree professional and project engineer. Contact the Ashland Planning
Department to schedule the preconstruction conference.
23) That Amrhein Associates, Inc. shall inspect the site according to the inspection schedule of the
geotechnical engineering report by Amrhein Associates, Inc. included in the application and date
stamped June 10, 2005. Prior to the issuance of the certificate of occupancy, Amrhein Associates, Inc.
shall provide a final report indicating that the approved grading, drainage and erosion control measures
were installed as per the approved plans, and that all scheduled inspections were conducted by the
project geotechnical expert periodically throughout the project.
24) That the final driveway crossing of the riparian drainage shall be engineered to accommodate a
100-year flood flow. The report and calculations by the project engineer for the driveway crossing shall
be submitted for review and approval of the Ashland Planning and Engineering Divisions prior to
signature of the finals surveyor commencement of driveway construction.
25) That the full length of the alley shall be graded to 12 feet in width for a driving surface with 15
feet in clear width prior to combustible construction. In addition, passing areas shall be created that are
graded to 18 feet in width of driving surface, and shall be spaced at approximately every 250 feet along
the alley. Passing areas shall also be installed prior to combustible construction.
26) That a conservation easement for the drainage including the area within the top of the banks shall
be indicated on the final survey.
27) That the applicants shall strongly consider use of an Arizona Crossing and the driving surface of
the proposed culverted crossing to be pavers, rock or grass crete rather than pavement.
&Z-w\ \lJ'<"\~
Council Approval \
; -}. ; '1 j 0 S
Date
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October 18, 2005
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