BEFORE THE CITY COUNCIL FOR THE CITY OF ASHLAND STATE OF OREGON

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1 BEFORE THE CITY COUNCIL FOR THE CITY OF ASHLAND STATE OF OREGON IN THE MATTER OF APPLICATIONS FOR ) A 7-LOT SUBDIVISION, PRELIMINARY PLAT, ) CONDITIONAL USE PERMIT FOR AN ) ACCESSORY RESIDENTIAL UNIT, VARIANCE FOR OFF-STREET PARKING ) LOCATION, TREE REMOVAL PERMIT AND ) AN EXCEPTION TO STREET STANDARDS ) FINDINGS OF FACT AND FOR APPROXIMATELY 1.75 ACRES OF ) CONCLUSIONS OF LAW LAND ZONED R-1-10 WHICH IS LOCATED ) AT THE INTERSECTION OF SOUTH ) MOUNTAIN AVENUE AND PROSPECT ) STREET IN THE CITY OF ASHLAND, ) OREGON ) ) R & C Investments: Applicant ) I NATURE OF THE APPLICATION; PROCEDURAL BACKGROUND Applicant, R & C Investments, a partnership involving Charles A. Cochran and Bruce Roberts, filed the following consolidated land use applications with the City of Ashland: 1. Subdivision. Application for a Preliminary Plat pursuant to Ashland Land Use Ordinance (ALUO) Chapter The application seeks to create seven lots from the 1.75-acre subject property, which consists of three existing lots, two of which are occupied by dwellings. The future seven lots will be occupied by single-family dwellings. An existing dwelling will continue to exist but as an Accessory Residential Unit (ARU). 2. Conditional Use Permit. Application for a Conditional Use Permit (CUP) to permit an existing single family dwelling on Tax Lot 3500 to continue to exist and operate in the future as an Accessory Residential Unit (ARU) pursuant to ALUO Withdrawn by Applicant. 3. Exception to Street Standards. Along Prospect Street, an exception is sought to street right-of-way and paving width standards, and to eliminate the parkrow between the curb and the sidewalk on the property frontage. Along South Mountain Avenue, an exception is sought to permit a required planting strip and sidewalk within an easement on the subject property rather than within the right-of-way of South Mountain Avenue. 4. Variance to Off-Street Parking. Application seeking variance relief for the purpose of permitting the two (2) required off-street parking spaces for the ARU to be located on an adjacent parcel. Withdrawn by Applicant. City of Ashland, Oregon Page 1 of 49

2 5. Tree Protection/Removal. Application for Tree Removal Permit for the removal of two trees over 18 inches diameter at breast height (dbh) Two of the three existing lots are exempt from the tree removal standards of ALUO (Tree Preservation and Protection) pursuant to ALUO (B). Tree protection/removal on the other existing lot is governed by ALUO and ALUO (Development Standards for Wildfire Lands). 6. Wildfire Lands. Authorization for subdivision under the special standards which apply to this land which is within the area designated Wildfire Lands on Ashland s Physical & Environmental Constraints Map Following public notice in accordance with law, the applications were heard by the Ashland Planning Commission ( Planning Commission ) on October 12, The public hearing was continued to November 9, 2004 and following the conclusion of public testimony, the record and public hearing were closed and the Planning Commission deliberated on this matter and voted approve Applications 1, 3, 5 and 6 above and not to approve Applications 2 and 4. Within the time period specified in the Ashland Land Use Ordinance (ALUO) an appeal of the Planning Commission s decision was timely submitted by Appellant Randall Hopkins. No party sought the City Council s review of the Planning Commission decision to deny Applications 2 and 4 and during the Council proceedings, Applicant s attorney indicated that Applicant had withdrawn these. Following public notice in accordance with law, the Ashland City Council ( City Council or Council ) conducted a public hearing on February 1, 2005 to hear this appeal. The public hearing was continued to February 15, Following the conclusion of public testimony, the record and public hearing were closed and the City Council deliberated on this matter and voted approve Applications 1, 3, 5 and 6. Applications 2 and 4, earlier withdrawn from consideration by Applicant, were not considered by the Council on appeal. These Findings of Fact and Conclusions of Law support the Council s decision in this matter. II EVIDENCE BEFORE THE CITY COUNCIL The evidence which was before the City Council is contained in the City s file on this matter () and the record has been assembled and the pages numbered. Citations herein are to record page number for. III RELEVANT SUBSTANTIVE APPROVAL CRITERIA The standards and criteria under the applications enumerated in Section I (other than the two applications withdrawn by Applicant) must be considered, are in the Ashland Land Use City of Ashland, Oregon Page 2 of 49

3 Ordinance (ALUO). The approval criteria and relevant provisions of the Ashland Comprehensive Plan are recited verbatim below and in Section V herein, where each is followed by the findings of fact and conclusions of law of the City Council. A. SUBDIVISION; Preliminary Plat PRELIMINARY PLAT A. Submission. The subdivider shall submit eight (8) copies of a preliminary plat and other supplementary material as may be required to indicate the general program and objectives of the project to the office of the Director of Public Works. The plat shall be prepared by a registered surveyor. B. Scale. The preliminary plat shall be drawn on a sheet eighteen (18) inches by twenty-four (24) inches in size at a scale no smaller than one (1) inch equals one hundred (100) feet. C. General information. The following general information shall be shown on the preliminary plat: 1. Proposed name of the subdivision, which must not duplicate nor resemble the name of another subdivision in Jackson County and shall be approved by the Planning Commission. 2. Date, north point, and scale of drawing. 3. Appropriate identification clearly stating the map is a preliminary plat. 4. Location of the subdivision sufficient to define the location and boundaries of the proposed tract. 5. Names and addresses of the owner, subdivider, and surveyor. D. Existing conditions. The following existing conditions shall be shown on the preliminary plat: 1. The location, width, and names of all existing or platted streets within or adjacent to the tract, together with easements and other important features, such as section lines and corners, and monuments. 2. Location and direction of all watercourses and areas subject to flooding. 3. Natural features such as rock outcroppings, marshes, wooded areas, and isolated preservable trees. 4. Existing uses of the property, including location of all existing structures to remain on the property after platting. 5. Zoning on and adjacent to the tract. 6. Contours at an interval of five (5) feet. F. Land division - proposed plan. The following information shall be included on the preliminary plat. 1. The location, width, names and approximate grades of streets, and the relationship of the streets to any projected streets as shown on any development plan adopted by the Planning Commission, or if there is no development plan, as suggested by the City to assure adequate traffic circulation. 2. The location and purpose of easements. 3. The location, approximate dimensions, and proposed lot and block numbers, for all lots and blocks. 4. Sites, if any, allocated for purposes other than single family dwellings. City of Ashland, Oregon Page 3 of 49

4 G. Partial development. Where the plat to be subdivided contains only part of the tract owned or controlled by the subdivider, the Planning Commission may require a Master Plan for the unsubdivided portion. H. Explanatory information. The following information shall be submitted in separate statements accompanying the preliminary plat or, if practicable, shall be shown on the preliminary plat: 1. A vicinity map, showing existing subdivisions, streets, and unsubdivided land adjacent to the proposed subdivision and showing how proposed streets may be extended to connect with the existing streets. 2. Proposed deed restrictions, if any, in outline form. 3. Where there are slopes in excess of ten (10) percent within the area to be subdivided, a preliminary grading plan may be required by the Planning Commission. A grading plan should show existing and finished grades on lots and streets proposed to be graded. Before grading can begin, the grading plan shall be approved by the Planning Commission, which may request a review and report from the City Engineer. I. Tentative approval. 1. Within thirty (30) days from the first regular Planning Commission meeting following submission of the plat, the Planning Commission will review the plan and may give tentative approval of the preliminary plat as submitted or as it may be modified or, if disapproved, shall express its disapproval and its reasons therefore. 2. Approval of the preliminary plat shall indicate the Planning Commission's approval of the final plat provided there is no change in the plan of subdivision as shown on the preliminary plat and there is full compliance with the requirements of this Title. 3. The action of the Planning Commission shall be noted on two (2) copies of the preliminary plat, including reference to any attached documents, describing conditions. One (1) copy shall be returned to the subdivider and the other retained by the Planning Commission. B. EXCEPTION TO STREET STANDARDS STREET STANDARDS All development under this Chapter shall conform to the Street Standards as defined in K. The following standards regulate the development of streets and are in addition to the standards contained in the Street Standards Handbook. A. Private Drive. A private drive is a road in private ownership, not dedicated to the public, which serves three or less units. No curbs or sidewalks are required for a private drive. On-street parking is prohibited on private drives. The private drive standard is as follows: 3 Units15 feet with 20 feet dedicated width 2 Units15 feet with 20 feet dedicated width 1 Unit12 feet with 15 feet dedicated width B. Dedicated Public Streets Required. All roads which serve four units or greater, and which are in an R-1, RR and WR zone, must be dedicated to the public and shall be developed to the Street Standards of this section. C. Dead End. No dead end road shall exceed 500 feet in length, not including the turnaround. Dead end roads must terminate in an improved turnaround as defined in the Performance Standards guidelines adopted pursuant to Section D. Obstructed Streets. Creating an obstructed street is prohibited. City of Ashland, Oregon Page 4 of 49

5 E. Street Grade. Street grades measured at the street centerline for dedicated streets and flag drives shall be as follows: Private drives serving structures greater than 24' in height, as defined in , shall provide a Fire Work Area of 20' by 40' within 50' 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. Private drives and work areas shall be deemed Fire Lanes and subject to all requirements thereof. Private drives greater than 250' in length shall provide a turnaround as defined in the Performance Standards Guidelines as provided in F. Exception to Street Standards. An exception to the Street Standards is not subject to the Variance requirements of section and may be granted with respect to the Street Standards in if all of the following circumstances are found to exist: 1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. 2. The variance will result in equal or superior transportation facilities and connectivity; 3. The variance is the minimum necessary to alleviate the difficulty; and 4. The variance is consistent with the stated Purpose and Intent of the Performance Standards Options Chapter. C. TREE REMOVAL PERMIT ALUO Chapter Tree Preservation & Protection ALUO Criteria for Issuance of Tree Removal Staff Permit. An applicant for a Tree Removal- Staff Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an arborist s report to substantiate the criteria for a permit. ALUO (B) Tree that is not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards. (e.g. other applicable Site Design and Use Standards). The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC Such mitigation requirements shall be a condition of approval of the permit. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures or alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Ashland Land Use Ordinance. City of Ashland, Oregon Page 5 of 49

6 IV FINDINGS OF FACT The City Council reaches the following facts and finds them to be true with respect to this matter. 1. Description of Project Area. The subject property consists of three parcels, two of which have existing single family dwellings, as described in Table 1 below. Table 1 Description, Ownership, Size, Tax Code Existing Development and Zoning Sources: Jackson County Assessor; Craig A. Stone & Associates, Ltd. Map and Tax Lot Owner of Record Acres Tax Code Existing Development Zoning 39-1E-16AD TL 3400 R&C Investments Single-family dwelling R E-16AD TL 3500 R&C Investments Single-family dwelling and detached garage R E-16AD TL 3600 R&C Investments Vacant R-1-10 Total Property Location: The property is within the corporate limits and acknowledged urban growth boundary of the City of Ashland. The property is located at 759 and 769 South Mountain Avenue at the southwest corner of the intersection of South Mountain Avenue and Prospect Street. 3. Comprehensive Plan and Zoning: The Ashland Comprehensive Plan designates the subject property Residential. The property is zoned R See, Record p Surrounding Land Uses: Record p. 276 through 286 accurately depicts the pattern of existing land partitioning and development in the surrounding area. Lands developed with single-family detached dwellings on individual urban-size lots surround the subject property. 5. Project Description: Applicant proposes to create by subdivision, seven discrete lots to be occupied in the future by single-family dwellings. Two of the lots are occupied by existing dwellings. While Applicant originally proposed to retain the dwelling on Tax Lot 3400 as an Accessory Residential Unit (ARU), that application was not approved by the Planning Commission and Applicant withdrew further consideration of this matter. While the structure may remain, it cannot be used as a dwelling and would instead be used as a City of Ashland, Oregon Page 6 of 49

7 studio or for some other purpose which requires neither kitchen nor bathroom facilities. According to the records of the Jackson County Assessor, the existing dwelling has 900 square feet of gross habitable floor area. Where feasible, trees have been retained and preserved, although only Tax Lot 3600 is subject to the tree protection standards in ALUO because the other two lots (Tax Lot s 3400 and 3500 are developed with dwellings). 6. Access: Access to the seven proposed lots will be directly from Prospect Street, South Mountain Avenue or from a Private Drive, as described in Table 2 below. Table 2 Access to Lots Source: Craig A. Stone & Associates, Ltd. Lot Number Method of Actual Access Method of Legal Access 1 Prospect Street Prospect Street 2 Private Drive Prospect Street 3 Private Drive Prospect Street 4 Private Drive Private Drive 5 Private Drive Private Drive 6 Private Drive Private Drive 7 South Mountain Avenue South Mountain Avenue 7. Topography: The subject property ranges in elevation from approximately 2,320 feet at its southwest corner to approximately 2,250 feet at its northeast corner and has reasonably moderate slopes. The evidence shows that no portion of the subject property exceeds a slope of 22 percent. Cuts and fills (and proposed retaining walls) are shown on applicant s plans, along with preliminary grading information. The topography of the subject property is indicative of topography in nearby areas in that it is moderately steep and evenly sloped. 8. Public Facilities and Services; Utilities: The routing for and locations of the following existing and planned public facilities and utilities are shown on the plan at Record p. A47: Sanitary Sewer Public Water Storm Drainage Streets Utilities City of Ashland, Oregon Page 7 of 49

8 The subject property is more particularly served by the following public facilities and services: 8.1 Sanitary Sewer: According to City of Ashland Engineering Department, there are existing sanitary sewer lines in both Mountain Avenue and Prospect Street that are adequate in condition capacity to support the proposed subdivision. 8.2 Public Water: There is an existing 4-inch water main in Prospect Street. Representatives of the Ashland Water Department have indicated that additional development will require upgrading the main to a larger size to accommodate the proposed subdivision. 8.3 Storm Drainage: Applicant testified that representatives of the City of Ashland Engineering Department have indicated to Applicant s agent, that the existing storm drainage facilities in Prospect and Mountain are sufficient in condition and capacity to support the proposed subdivision. 8.4 Streets and Transportation: The property fronts upon and has direct access by way of South Mountain Avenue and Prospect Street, both of which are city streets, owned and maintained by the City of Ashland. Access to the individual lots (here proposed to be created) is as shown in above Table 2. The property also fronts upon Prospect Street. Prospect Street terminates at the northwest corner of the subject property and cannot be extended due to steep terrain and the existence development. Lot 1 is proposed to take legal and actual access from Prospect. Prospect Street is classified in the Ashland Comprehensive Plan as a Neighborhood Street, however it does not meet Ashland standards; it is presently a gravel road without curbs, gutters sidewalks or planting strips. Moreover, existing dwellings and other structures (on the north side of Prospect Street) encroach upon the street right-of-way. A portion of Prospect Street was vacated by action of the City Council to accommodate structures that were constructed in the public street right-of-way. See, Record p. A22-A23. Applicant has proposed an exception to certain street standards along the frontage of Prospect Street. These will permit Prospect (west of South Mountain Avenue) to be improved to a width ranging from 25 feet on its east end and tapering to 22 feet on its west end. The exception would also allow the elimination of a parkrow between the curb and sidewalk on the property frontage. A sidewalk installed at the curbside is proposed along the western 2/3 of the Prospect frontage. The improvements to Prospect Street are set forth in the Council Conditions 8, 11 and 29 in Section VI. Applicant has proposed a Private Drive that will be able to functionally serve five of the proposed parcels two of which have legal access to Prospect Street. Applicant had also requested an exception to allow existing juniper shrubs and a retaining wall to remain in front of the proposed lot seven. The exception would include City of Ashland, Oregon Page 8 of 49

9 the elimination of the proposed planting strip for approximately 85 feet. Applicant is proposing that the juniper and sidewalk remain and that a sidewalk of five feet be installed adjacent to the existing curb on South Mountain Avenue. No other exceptions to South Mountain Avenue are requested. Table 4 below, shows the City standards in relation to the nature and extent of the exceptions sought by Applicant: 8.5 Police and Fire Protection: Police and fire protection are provided by the City of Ashland. 8.6 Utilities: Electricity, natural gas, telephone, CATV and internet access are immediately available to the subject property. Utilities will be placed underground pursuant to requirements of the ALUO. 9. Trees; Existing Natural Features; Design Process: Portions of the subject property (primarily the westerly portion) are heavily wooded. There are 62 trees on the property which have a diameter at breast height (dbh) of six inches or greater, 19 of which are proposed to be removed. Three additional trees exist on abutting properties and will be protected during construction and retained. The trees to be removed and those to be preserved are inventoried and shown on the plans at Record p. A16 (Sheet L1 Tree Protection and Removal Plan). The strategies for tree preservation are set forth in the Tree Protection/Removal Plan Narrative prepared by Applicant s expert landscape architect, Galbraith & Associates, Inc (Record p ). Earlier project designs examined by Applicant which are in evidence resulted in the required removal of substantially greater numbers of trees (and substantial cuts and fills). Applicant acquired the parcel now intended to be Lot 7, to enable the access road for the subdivision to be placed where now proposed; without this parcel, the road was required to traverse the westerly portion of the property the portion of the property most heavily wooded and in doing so, necessitated the removal of substantially greater numbers of trees. Moreover, building envelopes have been adjusted to reduce tree removal to the greatest extent practical, while still providing reasonable flexibility for future home design and siting. 10. Wildfire Protection Area: The subject property is located within a Wildfire Protection Area based upon the Physical & Environmental Constraints Map. A Wildfire Protection Plan has been produced, by landscape architects Galbraith & Associates, Inc. (Record p. A46). Dry grasses, Mountain Mahogany and brushy grove of Manzanita will be removed as the same exists as a wildfire hazard. Nearby areas are similar to the subject property in topography and vegetation. 11. Wetlands: According to the City of Ashland Wetland Inventory, there are no wetlands on the subject property. City of Ashland, Oregon Page 9 of 49

10 V CONCLUSIONS OF LAW The following conclusions of law are based on the findings of fact contained above in Section IV and these relate to the approval criteria for the various land use applications now before the City Council on appeal. The standards and approval criteria are recited verbatim below and followed by the conclusions of law of the Council: A. SUBDIVISION Purpose of Application: The purpose of this application is to consolidate and subdivide three existing lots into seven lots as shown on Applicant s plans. The City Council observes that subdivisions are governed by precise design and development standards and that no approval criteria per se, exist in the ALUO which are prerequisite to the approval of a preliminary subdivision plat. The various design and development standards in ALUO Chapter (Subdivisions) are addressed below. The street standards for subdivisions are those for development which proceeds under Ashland s Performance Standards Options in Chapter General regulations A. Minimum lot area: Basic minimum lot area in the R-1 zone shall be five thousand (5,000) square feet, except six thousand (6,000) square feet for corner lots. R-1 areas may be designed for seventy-five hundred (7,500), or ten thousand (10,000) square foot minimum lot sizes where slopes or other conditions make larger sizes necessary. Permitted lot sizes shall be indicated by a number following the R-1 notation which represents allowable minimum square footage in thousands of square feet, as follows: R-1-5 5,000 square feet R ,500 square feet R ,000 square feet B. Minimum lot width: Interior lots 50 feet Corner lots 60 feet All R lots 65 feet All R-1-10 lots 75 feet C. Lot Depth: All lots shall have a minimum depth of eighty (80) feet, and a maximum depth of one hundred fifty (150) feet unless lot configuration prevents further development of the back of the lot. Maximum lot depth requirements shall not apply to lots created by a minor land partition. No lot shall have a width greater than its depth, and no lot shall exceed one hundred fifty (150) feet in width. (Ord. 2052, 1979; Ord S3, 1988) D. Standard Yard Requirements: Front yards shall be a minimum of, 15 feet excluding garages. Unenclosed porches shall be permitted with a minimum setback of eight feet or the width of any existing public utility easement, whichever is greater, from the front property line. All garages accessed from the front shall have a minimum setback of 20' from the front property line; side yards, six feet; the side yard of a corner lot abutting a public street shall have a ten foot setback; rear yard, ten feet plus ten feet for each story in excess of one story. In addition, the setbacks must comply with Chapter which provides for Solar Access. (Ord S5, 1980; Ord Se, 1981, Ord. 2752, 1995) City of Ashland, Oregon Page 10 of 49

11 E. Maximum Building Height: No structure shall be over thirty-five (35) feet or two and one-half (2 1/2) stories in height, whichever is less. F. Maximum Coverage: Maximum lot coverage shall be fifty (50%) percent in an R-1-5 District, forty-five (45%) percent in an R District, and forty (40%) percent in an R-1-10 District. Discussion; Conclusions of Law: Based on the Findings of Fact and evidence submitted by Applicant, the City Council concludes as follows: 1. All lots shown on the Preliminary Plat meet the minimum lot area for the R-1-10 zone. 2. All lots shown on the Preliminary Plat meet the minimum width requirement for the R-1-10 zone. 3. All lots shown on the Preliminary Plat meet the minimum lot depth requirement for the R-1-10 zone. 4. The building envelopes shown on the Tree Protection Plan and Preliminary Plat demonstrate compliance with the standard yard requirements. 5. The ALUO does not require the submittal of architectural plans as part of subdivision approval. However, Applicant has agreed to stipulate that no structure will exceed the lesser of thirty-five (35) feet in height or two and one-half (2½ ) stories. 6. Applicant has agreed to stipulate that the maximum coverage for each lot will not exceed forty (40) percent and Applicant s stipulations have been made conditions attached to this approval Design Standards * * * * * * * * * * * * * * A. Acceptability - principles: The subdivision shall conform with any development plans and shall take into consideration any preliminary plans made in anticipation thereof. The subdivision shall conform with the requirements of State laws and the standards established by this Chapter. Discussion; Conclusions of Law: The City Council concludes, based on the findings of fact and conclusions of law herein that the application as submitted conforms to the requirements of State laws and the standards established by this Chapter. * * * * * * * * * * * * * * B. Streets: The Street Standards in Chapter 18.88, Performance Standards Options, shall apply to developments under this chapter. 1. Reserve Strips. Reserve strips or street plugs shall be created to control access onto any street which terminates upon any undeveloped land through which the street might logically extend. In such cases, the street shall be provided to within one foot of the boundary line of the tract with the remaining one foot being granted in fee to the City as a reserve strip. Upon approved dedication of the extension of the affected street, the one-foot reserve strip shall be dedicated by the City to the public use as a part of said street. This dedication will be automatic and without further action by the City. This action shall also City of Ashland, Oregon Page 11 of 49

12 apply retroactively to all previously created reserve strips where the streets have been extended and dedicated for street purposes. (Ord. 2436, 1987) 2. Alignment. All streets as far as is practical shall be in alignment with the existing streets by continuation of the center lines thereof. The staggering of street alignment resulting in "T" intersections shall wherever practical leave a minimum distance of 125 feet between the center lines of streets. 3. Future extension of streets. Where necessary to give access to or permit a satisfactory subdivision of adjoining land, streets shall be extended to the boundary of the subdivision and the resulting dead-end streets may be approved without a turnaround. Reserve strips and street plugs may be required to preserve the objectives of street extensions. 4. Intersection angles. Streets shall be laid out to intersect at an angle as near to a right angle as practical, except where topography requires a lesser angle. Property lines at intersections with arterial streets shall have a minimum corner radius of twenty (20) feet and property lines at other street and alley intersections shall have a minimum corner radius adequate to allow sidewalk and utility space and a curb radius of ten (10) feet. 5. Existing streets. Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way shall be provided at the time of subdivision. 6. Frontage and limited access roads may be required as defined in Sections (L) and (M) of this Title. 7. Access to subdivision. All major means of access to a subdivision or major partition shall be from existing streets fully improved to City standards, and which, in judgment of the Director of Public Works, have the capacity to carry all anticipated traffic from the development. 8. Half streets. Half streets, while generally not acceptable, may be approved when essential to the reasonable development of the subdivision, when in conformity with the other requirements of these regulations, and when the Planning Commission finds it will be practical to require the dedication of the other half when the adjoining property is subdivided. Whenever a half street is adjacent to a tract to be subdivided, the other half of the street may be platted within such tract. Reserve strips and street plugs may be required to preserve the objectives of the half streets. 9. Cul-de-sacs. A cul-de-sac shall be as short as possible and shall have a maximum length of five hundred (500) feet. All cul-de-sacs shall terminate with a circular turnaround unless alternate designs for turning and reversing direction are approved by the Planning Commission. 10. Street names. No street name shall be used which will duplicate or be confused with the names of existing streets in Ashland and vicinity except for extensions of existing streets. Streets which are an extension of, or are in alignment with, existing streets shall have the same name as the existing street. Street names and numbers shall conform to the establishment pattern for the City and shall be subject to the approval of the Planning Commission. 11. Streets adjacent to railroad right-of-way. Wherever the proposed subdivision contains or is adjacent to a railroad right-of-way, provision may be required for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land between the streets and the railroad. The distance shall be great enough to provide sufficient depth to allow screen planting along the railroad right-of-way. Discussion; Conclusions of Law: Based on the Findings of Fact in Section IV and the evidence submitted herein, the City Council concludes as follows: 1. No reserve strips or street plugs are necessary or required for this subdivision. City of Ashland, Oregon Page 12 of 49

13 2. The only new street proposed here, is a Private Drive that intersects Mountain Avenue at a 90-degree angle ( T intersection). This intersection is separated by more than 125 feet from the nearest existing intersection Mountain Avenue and Prospect Street. 3. The only street to be created as part of this application, is a Private Drive that terminates in an approved turn-around. No public streets are proposed as part of this application. 4. The proposed Private Drive intersects Mountain Avenue at a right angle. 5. Applicant has agreed to dedicate an easement 12.5 feet wide to accommodate a planting strip and sidewalk along Mountain Avenue along the subject property frontage. An exception is sought from the right-of-way dedication standards for Prospect Street; the approval criteria for street exceptions are addressed hereinbelow. After reviewing the extent of the existing Right-of-Way, the street design policies and Street Standard Handbook, and the scope of proposed and current use of the streets, the Council concludes that they are both adequate in width. 6. No frontage or minimum access roads are required or proposed. 7. Based upon the findings of fact in Section IV, all major means of access to this subdivision will be from existing streets which will be fully improved to City standards (or based upon the exceptions sought and approved), and which, in the judgment of the Director of Public Works, have the capacity to carry all anticipated traffic from the development. 8. Half streets are not proposed. Applicant proposes to improve Prospect Street, albeit to standards which are less than typical City requirements but are hereby determined to be adequate to serve the limited uses of this portion of Prospect Street. The reduced standards, as below addressed, are needed to accommodate structures and landscaping that now encroach onto the existing right-of-way and which Applicant does not wish to adversely affect. 9. The cul-de-sac proposed is as short as possible to serve the proposed lots which comply with City standards, has a length of substantially less than 500 feet and terminates in a turnaround which is of an alternative hammerhead design approved by the Planning Commission (and on review, by the Council). The turnaround design accommodates turning and reversing direction movements and will permit access and turnaround for emergency vehicles. 10. Applicant has agreed to stipulate (and the same has been made a condition of approval) that no street name shall be used which will duplicate or be confused with the names of existing streets in Ashland. 11. There are no streets adjacent to a railroad right-of-way City of Ashland, Oregon Page 13 of 49

14 C. Easements. * * * * * * * * * * * * * * 1. Utility lines. Easements for sewers, water mains, electric lines, or other public utilities shall be dedicated wherever necessary. The easements shall be a minimum of ten (10) feet in width. 2. Watercourses. Where a subdivision is traversed by a watercourse such as a drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of the watercourse, and such further width as will be adequate for the purpose. Streets or parkways parallel to major watercourses may be required. Discussion; Conclusions of Law: With respect to easements, the City Council concludes as follows: 1. Applicant has agreed to stipulate (and the same is made a condition of approval) to the dedication of easements for public utilities whenever necessary and the same will be shown on and dedicated by the Final Subdivision Plat. All existing easements are shown on the preliminary plat (Record p. A41). 2. Based on the Findings of Fact, the City Council finds that there are no watercourses that traverse the subdivision. D. Lots. * * * * * * * * * * * * * * 1. Lots shall meet the requirements of the zone in which the subdivision is located. These minimum standards shall apply with the following exceptions: a. In areas that will not be served by a public sewer, minimum lot size shall be increased to conform with the requirements of the County Health Department and shall take into consideration problems of water supply and sewer disposal. b. Minimum lot standard shall not conflict with City zoning standards. c. Where property is zoned and planned for industrial or business use, other standards may be permitted at the discretion of the Planning Commission. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated. 2. Access. Each lot shall abut upon a street, other than an alley, for a width of at least forty (40) feet, except in the case of lots located upon the curved portion of cul-de- sacs or knuckles, or in the case where topography warrants a narrower width. In no case shall a lot abut upon a street for a width of less than twenty-five (25) feet. 3. Through lots. Through lots shall be avoided except where essential to provide separation of residential development from major traffic arteries or adjacent nonresidential activities or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten (10) feet, across which there shall be no right of access, may be required along the line of lots abutting such a traffic artery or other disadvantageous use. Through lots with planting screens shall have a minimum average depth of one hundred ten (110) feet. City of Ashland, Oregon Page 14 of 49

15 4. Lot side lines. The side lines of lots, as far as practicable, shall run at right angles to the street upon which the lot faces. Discussion; Conclusions of Law: Based on the Findings of Fact and evidence submitted, the City Council concludes as follows: 1. Based upon the Preliminary Plat (Record p. A41) all proposed lots meet the minimum standards for the R-1-10 zone. 2. Lots 1, 2, 3, and 7 abut upon either (or both) Mountain Avenue and Prospect Street for a width of at least forty feet. Lots 4, 5 and 6 abut the new Private Drive for a width of at least forty feet. 3. No through lots are being created as part of this subdivision. A through lot is not created by virtue of frontage upon a City street and the proposed Private Drive. 4. All lots have side lot lines which run at right angles to the streets (and Private Drive) upon which the lots front. While Lots 1, 2 and 6 have jogs that are necessitated by an existing structure and the general size and configuration of the subject property, the side lot lines, as far as practicable, run at right angles to the various streets (and Private Drive) upon which the lots face. * * * * * * * * * * * * * * E. Lot grading. Lot grading shall conform to the following standards unless physical conditions demonstrate the propriety of other standards. 1. Cut slopes shall not be steeper than one and one-half (1 ½) feet horizontally to one (1) foot vertically. 2. Fill slopes shall not be steeper than two (2) feet horizontally to one (1) foot vertically. 3. Cut slopes and fill slopes along side and rear lot lines shall be planted with ground cover and shrubs or trees, or by some other method approved by the City. Discussion; Conclusions of Law: The City Council concludes that the preliminary grading plan (Record p ) and letter from Applicant s civil engineer (Record p. 287 through 288) establish compliance with Ashland s lot grading standards. * * * * * * * * * * * * * * F. Large lot subdivision. In subdividing tracts into large lots which at some future time are likely to be resubdivided, the Planning Commission may require that the blocks shall be of a size and shape, be divided into lots and contain building site restrictions to provide for extension and opening of streets at intervals which will permit a subsequent division of each parcel into lots of smaller size. G. Land for public purposes. 1. The Planning Commission may require the reservation for public acquisition, at a cost not to exceed acreage values in the area prior to subdivision, of appropriate areas within the subdivision for a period not to exceed one (1) year, providing the City knows of an intention on the part of the State Highway Commission, school district or other public agency to acquire a portion of the area within the proposed City of Ashland, Oregon Page 15 of 49

16 subdivision for a public purpose, including substantial assurance that positive steps will be taken in the reasonable future for the acquisition. 2. The Planning Commission may require the dedication of suitable areas for the parks and playgrounds that will be required for the use of the population which is intended to occupy the subdivision. Discussion; Conclusions of Law: The City Council concludes that the proposed subdivision is not a large lot subdivision under this standard because, based upon zoning, the resulting lots cannot be further divided. The Council also concludes that the Ashland Comprehensive Plan has no provision for the acquisition of land within the boundaries of the subject property. The Council finds that the existing R-1-10 zone requires the largest urban size lots in Ashland and these will have ample yard space for the use and enjoyment of the future residents of the subdivision and, therefore, does not require land for parks, playgrounds or other common open space. * * * * * * * * * * * * * * H. Landscaping. The Planning Commission shall ensure that lot coverage requirements of the zoning district are met appropriately. If lot disturbance exceeds the percentage allowable, the subdivider shall submit as part of the Final Plat procedure, a landscaping plan to be approved by the Commission, and which will conform with the letter and intent of the zone district requirements, the slope requirements in the General Regulations of this Title, and any other applicable section. Performance shall be assured in accordance with Section of this Chapter. Discussion; Conclusions of Law: The City Council finds that the building envelopes shown on Applicant s plans may cover more than 40 percent of each lot. However, the Council concludes that building envelopes do not determine lot coverage; coverage is determined by actual building plans. Applicant is aware of the 40 percent maximum and has agreed to stipulate to observing the same, as a condition of approval, that when dwellings are proposed to be constructed on the individual lots each will comply with this standard. The City will ensure that the lot coverage standard is observed when it reviews the applications for building permits, needed to construct dwellings on the lots. The Council finds and concludes that the lot coverage requirements of the R-1-10 zoning district can and will be met appropriately. * * * * * * * * * * * * * * I. Exceptions - large scale development. The Planning Commission may modify the standards and requirements of this Chapter if the subdivision plat comprises a complete neighborhood unit, a large scale shopping center, or a planned industrial area. The Planning Commission shall determine that such modifications are not detrimental to the public health, safety, and welfare and that adequate provision is made within the development for traffic circulation, open space, and other features that may be required in the public interest. J. The Planning Commission may modify the standards and requirements of this Chapter where the applicant presents innovative design concepts that will assist in providing livable housing at reasonable cost. Such modifications of standards shall be made only in conformance with the intent of this Chapter, and in conformance with all applicable portions of this Title. City of Ashland, Oregon Page 16 of 49

17 Discussion; Conclusions of Law: Based upon the size of the subject property, the City Council concludes that this is not a large-scale development and no modification of standards are proposed under this section of the ALUO. While this application does not contemplate new affordable housing per se, it does preserve an existing dwelling that is intended by Applicant for use as an allowed accessory structure, (but not a dwelling unit) Preliminary plat * * * * * * * * * * * * * * A. Submission. The subdivider shall submit eight (8) copies of a preliminary plat and other supplementary material as may be required to indicate the general program and objectives of the project to the office of the Director of Public Works. The plat shall be prepared by a registered surveyor. B. Scale. The preliminary plat shall be drawn on a sheet eighteen (18) inches by twenty-four (24) inches in size at a scale no smaller than one (1) inch equals one hundred (100) feet. C. General information. The following general information shall be shown on the preliminary plat: 1. Proposed name of the subdivision, which must not duplicate nor resemble the name of another subdivision in Jackson County and shall be approved by the Planning Commission. 2. Date, north point, and scale of drawing. 3. Appropriate identification clearly stating the map is a preliminary plat. 4. Location of the subdivision sufficient to define the location and boundaries of the proposed tract. 5. Names and addresses of the owner, subdivider, and surveyor. D. Existing conditions. The following existing conditions shall be shown on the preliminary plat: 1. The location, width, and names of all existing or platted streets within or adjacent to the tract, together with easements and other important features, such as section lines and corners, and monuments. 2. Location and direction of all watercourses and areas subject to flooding. 3. Natural features such as rock outcroppings, marshes, wooded areas, and isolated preservable trees. 4. Existing uses of the property, including location of all existing structures to remain on the property after platting. 5. Zoning on and adjacent to the tract. 6. Contours at an interval of five (5) feet. E. Land division - proposed plan. The following information shall be included on the preliminary plat. 1. The location, width, names and approximate grades of streets, and the relationship of the streets to any projected streets as shown on any development plan adopted by the Planning Commission, or if there is no development plan, as suggested by the City to assure adequate traffic circulation. 2. The location and purpose of easements. 3. The location, approximate dimensions, and proposed lot and block numbers, for all lots and blocks. 4. Sites, if any, allocated for purposes other than single family dwellings. City of Ashland, Oregon Page 17 of 49

18 F. Partial development. Where the plat to be subdivided contains only part of the tract owned or controlled by the subdivider, the Planning Commission may require a Master Plan for the unsubdivided portion. G. Explanatory information. The following information shall be submitted in separate statements accompanying the preliminary plat or, if practicable, shall be shown on the preliminary plat: 1. A vicinity map, showing existing subdivisions, streets, and unsubdivided land adjacent to the proposed subdivision and showing how proposed streets may be extended to connect with the existing streets. 2. Proposed deed restrictions, if any, in outline form. 3. Where there are slopes in excess of ten (10) percent within the area to be subdivided, a preliminary grading plan may be required by the Planning Commission. A grading plan should show existing and finished grades on lots and streets proposed to be graded. Before grading can begin, the grading plan shall be approved by the Planning Commission, which may request a review and report from the City Engineer. Discussion; Conclusions of Law: The City Council concludes that the application package, as submitted, demonstrates compliance with all of the filing requirements of the City. As to deed restrictions, there are none per se, although there will be Covenants, Conditions and Restrictions (CCR s) which will govern the use, enjoyment, upkeep and maintenance of the individual lots, the Private Drive and maintenance of the Fire Prevention and Control Plan. The City of Ashland will be named as a beneficiary of such CCR s as the same applies to the Fire Prevention and Control Plan. The City Council has required Applicant to furnish CCR s as a condition of approval. B. EXCEPTION TO STREET STANDARDS * * * * * * * * * * * * * * Purpose of Application: The purpose of this application, which seeks to except certain municipal street standards, is twofold: 1. Prospect Street: This application seeks to vary the street improvement standards for a Residential Neighborhood Street for Prospect Street from its intersection with South Mountain Avenue west to its terminus. The street standards to be excepted relate to right-of-way width and the installation of planting strips along the frontage of the subject property. The standards sought to be varied for Prospect Street are set forth in Table 3 in the findings of fact (Section IV herein). By way of explanation, Prospect Street terminates near the northwest corner of the subject property and cannot be extended due to steep terrain and the existence of development. Applicant testified that City staff had advised that the City has no plans which contemplate nor any desire to extend Prospect Street from its present terminus. From its intersection with South Mountain Avenue, Prospect serves only four existing dwellings or parcels. The approval of this subdivision will add three homes which front Prospect Street (legal access), but only one additional home (Lot 1 of the proposed subdivision) to actually be served by Prospect Street (functional access). City of Ashland, Oregon Page 18 of 49