Loading...
HomeMy WebLinkAboutB_5_PA-2012-01124 CITY OF September 24, 2012 ASHLAiNu Ed Bemis & Don Jones P O Box 1018 Ashland OR 97520 RE: Planning Action #2012-01124 Notice of Final Decision On September 24, 2012, the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: PLANNING ACTION: PA-2012-01124 Notice Sent 8-22-2012 SUBJECT PROPERTY: 5 B Street APPLICANT: Ed Bemis and Don Jones DESCRIPTION: A request for a Water Resource Protection Zone Reduction approval to reduce the required 50-foot buffer from Ashland Creek by 25% to allow for future development of the site mixed use commercial site with associated site improvements at 5 B Street. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP 39 1E 09BB; TAX LOT 15800 The Staff Advisor's decision becomes final and is effective on the 13'' 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) 18.108.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO 18.108.070(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 of file 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: Mike & Jackie Young & John & Patty Schwendener Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305 51 Winbum Way. Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or,us ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2012-01124 SUBJECT PROPERTY: 5 B Street APPLICANT: Ed Bemis and Don Jones DESCRIPTION: A request for a Water Resource Protection Zone Reduction approval to reduce the required 50-foot buffer from Ashland Creek by 25% to allow for future development of the site mixed use commercial site with associated site improvements at 5 B Street, COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP 39 1E 09BB; TAX LOT 15800 SUBMITTAL DATE: August 3, 2012 DEEMED COMPLETE DATE: August 22, 2012 STAFF APPROVAL DATE: September 24, 2012 APPEAL DEADLINE DATE: October 6, 2012 FINAL DECISION DATE: October 7, 2012 APPROVAL EXPIRATION DATE: October 7, 2013 DECISION The subject site is located on the northeast corner at the intersection of B and Water Streets. The site has a circa 11950, approximately 1,200 square foot warehouse building on the southeast corner of the parcel approximately 18-inches from the cast property line. The parcel is 10,960 square feet in area. The site also- has a portion of the structure for the Water Street bridge crossing the northwest corner of the property consisting of approximately 264.5 square feet of the parcel. Ashland Creek is at the northern boundary of the subject site and the property to the north, the Water Street Inn. There is an eight to ten foot tall chain link fence encircling the property. The north section of fencing has been removed to facilitate access to the creek banks for a currently in progress stream bank restoration project (PA2011-01555 & 2012-01121). The site has been utilized by many different entities over-the years. According to the 1884 Sandborn Maps it was the site of a Chinese wash house, a carpenter shop, later it became a blacksmith shop and in the early 1900s the City of Ashland used the site as a repository and City storage facilities. The site later became the Water Department Headquarters, According to the 1949 Sandborn Maps the site was utilized by California Public Utility Company and had above ground gas storage tanks, .then Washington Water and Power with the last `tenant' being the Avista Gas Works. Since about 2005 the site has been largely un-used. The application requests an Exception to the Water Resource Protection Zone to reduce the zone by 25 percent and to establish a buildable area for future site improvements (parking lot and structure). The future site development will require Site Review and will be evaluated for consistency with Basic and Detail Site Review standards. In addition to the Site Review standards the property is also subject to Historic District Design Standards, Physical and Environmental -Constraints and Water Resource Protection Zone standards. As stated above, Ashland Creek is along the northern property line, Ashland Creek is a federal, state and locally protected fish bearing stream. It is the highest order of stream in the City of PA #2012-01124 5 B St€eettadg Page 1 Ashland and has a fifty (50) foot Riparian Protection Zone from here on described as the Water Resource Protection Zone (WRPZ) from the top of bank. Of the 10,960 square foot parcel, 2,553 square feet of that area or 23 percent of the site is within the WRPZ. The request is to reduce the 2,553 square foot WRPZ by 25 percent or 638 square feet. This reduction will permit the construction of a two story, mixed use (commercial and residential) structure with parking lot. The applicant has provided a site plan demonstrating where'an approximately 5,000 square foot, two-story structure consisting of 2,500 square foot (1,250 retail 1.1,250 office) on the ground floor and two, one bedroom apartments above would be sited on the property. The future structure would be at the minimum setbacks from Water and B Street, oriented towards the intersection of the streets, with a ten space parking lot accessed from Water Street between the structure and the WRPZ and Ashland Creek. Along the rear (north) of the property between the future parking lot and Ashland Creek, is the protection zone and riparian buffer. A portion of this area is being planted as part of the bank stabilization and creek enhancement project currently underway. The total area of the reduced WRPZ is approximately 1,600 feet. Following the development of the property, riparian plantings in accordance with the standards for restoration and enhancement from AMC. 18.63.120 will be installed in the area between the proposed parking lot and the recent creek enhancement project. The applicant has requested that the plans as specified in 18.63.1203 be deferred until the future site improvement plans are created and reviewed. Staff concurs that at this point the purpose of the application is to determine a buildable area and is not creating any additional site disturbances which would require restoration. A condition requiring compliance with AMC 18.63, more specifically, the restoration and enhancement requirements, and the long- term conservation, management and maintenance plans will be required to be submitted for review and approval with the future site review application for the site. The adjacent property to the east is zoned Low Density Multi-Family Residential (R-2). According the Ashland Municipal Code, when adjacent to a residential zone, employment zoned property requires a ten-foot per story setback. The structure is shown at ten feet from the east property line and the applicant's findings state that the second story would be setback twenty feet from the adjacent property. When a property is subject to the WRPZ setback requirements and the proposed use is designed to avoid intrusion into the WRPZ through the use of up to a 50 percent reduction of any dimensional standard (front, side and rear yard setbacks) is allowed. The applicant's building footprint is completely outside of the WRPZ. In order to provide the required number of parking spaces the parking area does encroach into the WRPZ. Two parking spaces, a portion of the ADA accessible offloading zone and a portion of the driveway are. within the WRPZ, it is this area of encroachment, 63 8 square feet for which the request is being made. The proposed development as far upland of the WRPZ as possible while still allowing for a mixed-use commercial structure and associated parking. The applicant has provided 'a footprint that will have flexibility in uses while still providing the required parking and providing a structure which can comply with the required Floor Area Ratios from the Site Design and Use Standards. Staff finds that the second story of the structure could also be at the ten foot setback and have the twenty foot setback. for the second story reduced by 50 percent. This finding is because the lot has 2,553 square feet of area that is protected by the ViIRPZ requirements, instead of requesting a hardship variance to eliminate or a 50 percent reduction in the protection zone requirements to construct a larger building, a single story building, with more parking area, the PA 42012-01124 513 Streetladg Page 2 applicant has proposed a multi-story, moderately sized structure while requesting a 25 percent reduction. When developed, the parcel will have less hardscape than currently on the site and the amount allowed by code, provision of an openspace area and providing long term conservation of the creek bank. Flexibility for the setback standard.is built into the code and staff finds that the " applicant should not eliminate the possibility for reduced setbacks at this point in the project design. As. stated above, this application is intended to determine a developable area on a parcel which : has a number of constraints, one of them being the Water Resource Protection Zone. The application has requested deferral of some aspects of the WRPZ requirements, primarily the landscaping plans which will be incorporated into the larger landscaping plans for the entire project area. The applicant is proposing multi.-story construction, the applicant is proposing the minimum number of parking spaces, and the parking lot surface will be required to he pervious in the WRPZ and the applicant is proposing to utilize as much of the existing grade of the site as possible to minimize any filling or cutting within the area. When building development is proposed, the required landscaping, restoration and long term maintenance proposal will be reviewed as part of that planning action. Staff finds that based on the applicant's submittals and the future application which will provide a significant enhancement, especially in comparison to the condition of the parcel at present, the request is approved as submitted with the following conditions of approval. The criteria for Water Resource Protection Zone Reduction Approval are described in AMC Chapter 18.63.080, as follows: A. The proposed use or activity is designed to avoid intrusion into the Water Resource Protection Zone through the use of up to a 50% reduction of any dimensional standards (e.g. required front, side and rear yard setbacks, required distance between buildings) to permit development as far outside or upland of the Water Resource Protection Zone as possible. Such adjustment to any applicable dimensional standards shall be reviewed as part of the requested reduction, and. shall not be subject to a separate Variance application under Chapter 18.100. Reductions to dimensional standards may not be used to reduce required Solar Access setbacks without evidence of agreement by the effected property owner(s) to the north through a concurrent Solar Access Variance application as described in Section 18.70, 060. E A The alteration of the Water Resource Protection - Zone is the minimum necessary to efficiently pet form - the proposed activity and/or use. The proposed development shall minimize disturbance to the Water Resource Protection Zone by utilizing the following design options to minimize or reduce impacts of development. 1. Multi-story construction shall be considered. 2. Parking spaces shall be minimized to no more than that required as a minimum for the use. 3. Pavement shall be minimized, and all pavement used shall be installed and maintained in a pervious paving material. 4. Engineering solutions shall be used to minimize additional grading and/or fill. PA 92012-01124 5 B Streettadg Page 3 C. The application demonstrates that equal or better protection for identified resources will he ensured through restoration, enhancement and mitigation measures. The structures, functions and values of the Water Resource will be restored through the implementation of a "restoration and enhancement strategy set forth in a mitigation plan prepared in accordance with the standards and requirements described in Section 18.63.120. D. Long term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in Section 1&63,120.C, except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. (Ord 3000, Added, 1211512009) Planning Action 201201124 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2012-01124 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the deferred restoration, enhancement and mitigation plans and the long team conservation, management and maintenance of the Water Resource Protection Zone' management plan in accordance with Section 18.63.120 shall be submitted with the second phase of the site development (Site Review, Physical and Environmental Constraints and Water Resource Protection Zone permit) for review and approval by the Staff Advisor and the Planning Commission. 3) That the existing Water Resource Protection Zone landscaping 1 trees etc. provided in project 2011.01555 on the subject property; shall be maintained and incorporated into the required mitigation, restoration and enhancement planting plans deferred until the Site Review application is applied for. 4) That no site disturbance shall occur without first obtaining Site Review, Physical and Environmental Constraints Review and Water Resource Protection Zone approval and compliance. j . [ 4-0 7- Pill Molnar, Director Dat Department of Community Development PA #2012-01124 5 B StreeYadg Page 4 T A2i3A~d-O~-008-! >wdn-dod PJOgaJ aF a019APA waLuebicy 0 9LS ®l~l13Rb ~!~ege6 ai zasili;0 uu0Aa0ne•AWM aP ~ ui a wn~#peq a1 @ zap1da ap suag ~ i U ® ~ . naiad ~.sail~e; se~anbi;~ PA-2012-01124 391 E09BB 11500 PA-2012-01124 391 E09BB 16400 A-2012-01124 391-E09BB 90002 171 OAK STREET LLC ASHLAND CREEK HOLDINGS LLC BERNARD RICHARD A TRUSTEE PO BOX 1169 70 WATER ST ET AL ASHLAND OR 97520 ASHLAND OR 97520 71 WATER ST 103 ASHLAND OR 97520 PA-2012-01124 391 E09BB 16100 PA-2012-01124 391E091313 90003 PA-2012-01124 391 E09BB 15600 BLAIZE JOHN FRANKIMARY S BOULIANE ANNE EDWARDS OREN E 239 OAK ST 776 NOE ST 219 N MOUNTAIN AVE ASHLAND OR 97520 SAN FRANCISCO CA 94114 ASHLAND OR 97520 PA-2012-01124 391 E09BB 402 PA-201201124 391 E09BB 11200 PA-2012-01124 391 E09BB 16300 HAINES LLOYD M TRUSTEE ET HAYES MERRILL E HIBBERT JAMES FIE JANE AL 191 OAK ST 263 OAK ST 96 N MAIN ST 202 ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 I PA-2012-01124 391 E09BB 16000 PA-2012-01124 391 E09BB 11000 PA-2012-01124 391 E09BB 11100 LAURSEN ERIC TRUSTEE ET AL LOVETT RICHARD P TRUSTEE MATHER CHARLENE M TRUSTEE PO BOX 44 PO BOX 427 ET AL ASHLAND OR 97520 ASHLAND OR 97520 14 B ST ASHLAND OR 97520 PA-2012-01124 391 E09BB 16600 PA-2012-01124 391 E098B 11600 PA-2012-01124 391 E09BB 400 OAKY DOAKY LLC PAGE JOSEPH PLAZA HOSPITALITY LLC 1085 DEER VISTA LN 1 LOUDON LN 98 CENTRAL AVE ASHLAND OR 97520 LOUDONVILLE NY 12211 ASHLAND OR 97520 PA-2012-01124 391 E09BB 11300 PA-2012-01124 391 E09BB 90001 PA-2012-01124 391 E09BB 16200 RENICK KAREN SELBY KAREN TRUSTEE ET AL TRYGG LEIF W/DIANA G 350 OXFORD ST 71 WATER ST 101 247 OAK ST ASHLAND OR 97520 ASHLAND OR 97520-1867 ASHLAND OR 97520 3 PA-2012-01124 391 E09BB 15800 PA-2012-01124 PA-2012-01124 YOUNG MICHAEL H TRUSTEE ET SCHWENDENER JOHN & PATTY Ed Bemis & Don Jones AL 25 WINDSOR PO Box 1018 PO BOX 276 MEDFORD OR 97504 Ashland OR 97520 JACKSONVILLE OR 97530 I PA-2012-01124 PA-2012-01124 PA-2012-01124 Ray Kistler Susan & Jim Littlefield Nicole & Eric Bailey 545 A Street 71 Water St #201 1082 Fuchsia Dr Ashland OR 97520 Ashland OR 97520 Sunnyvale CA 94086 PA-2012-01124 PA-2012-01124 PA-2012-01124 Laurie & Ron Todd M J Daspit & Gary Greksouk Teddi Jacobson 71 Water St #206 71 Water St #203 71 Water St #204 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 PA-2012-01124 PA-2012-01124 PA-2012-01124 Eleanor Davis (Lee) Sandi & Jim Risser Em & Neale Walsch 71 Water St #205 71 Water St #206 71 Water St #301 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 ®US65 GAUSIAW T waa6P3 do-dod asadxa jaded paaj T 0o%S apidwal QAjanV asq i of Dull 6uoie puaS V slagel 0109d Easy Peel® Labels A L- A Bond along fine to TM I ~ AVERY@ mo D It Use Avery® Template 51600 li Peed Paper expose Pop-up Edge PA-2012-01124 PA-2012-01124 PA-2012-01124 Wendy & Michael Ross George Goldberg Elin & Mike Babcock 71 Water St #302 253 35°i St. 71 Water St #304 Ashland OR 97520 Santa Monica, CA 90402 Ashland OR 97520 PA-2012-01124 PA-2012-01124 35 Harold Goldstein & Carol Streeter Colette & Jerry Coleman 5 B St 11744 SW Summerville Av. 1760 W Bertainia #14D 9-17-2012 NOD Portland OR 97219 Honolulu HI 96826 ftiquettes fadles h peler i A Repliez A la hachure afin de , www.avery.com I!*ilica7 la nahari+ A1IP17V® rziFrl(15 [ Sens de rbu,&larla rahnrd Pnn-qin- ! 1-80O-GO-AVERY ASHLAND CREEK CONDOMINIUMS ASSOCIATION OF UNIT OWNERS 71 WATER STREET, #304 ASHLAND, OR 97520 September 7, 2012 II Ms. Amy Gunter City Planing Department City of Ashland, Oregon Dear Ms. Gunter: At the request of Mr. Jim Risser, one of our unit owners, I am enclosing a list of our Association Members. This represents the unit owners at 71 Water Street. The list also includes the contact information for our property management company, Majestic Properties. P If you would include this with the contact information for the 5 B Street project it would be greatly appreciated. Any "catch up" information which we should have received f related to the project should be sent to the individual owners. Please do not hesitate to contact me if further information or clarification is needed. i We thank you in advance for your assistance in this mater. i Sincerely, e Mike Babcock ACC Association President 541.201.7647 analersinfo@aol.com ersinfo@aol.com ASHLAND CREEK CONDOMINIUMS' ASSOCIATION OF UNIT OWNERS Unit # NAME MAILING ADDRESS I E-MAIL PHONE J 101 Karen Selby ` sell y Karen@yaboo.com 541.488.3862 541.944.8114 c 103 Jean & Dick Bernard dick@,rI aMard.com 541.488.2010 r/ 105 Anne Bouliane / Victor Griffin V776 Noe, San Francisco, CA 94114 415,310.5261 c abouliane@yahoo.com x/201 Susan &Jim Littlefield * 3ji2jeffnet.ora 541.488.4155 ,/202 Nicole & Eric Balley ,J 1082 Fuchsia Or., Sunnyvale, CA 94086 ntoddballey@yahoo.com 408.242.0217 ebailey@mac.corn 408.203.3021 Laurie & Ron Todd laurfet d@mapxom 408.990.2261 ratarch@mae.com 602.284.9122 c 203 MJ Daspit mdasptt@ieffnet.om 541.261.4657 c Gary Greksouk ffn t. r 541.261.4284 c ,/204 Teddi Jacobsen teddijacobsen(Ocharter.net 541.488.8241 ,/205 Eleanor Davis (Lee) 541.482.5293 V206 Sandi & Jim Risser ` rfssensandi@gmall&Qrn 541,486.4594 dsserjYftmall.com f 301 Em & Neale Walsch eMailneat@aol.com 541.708.0448 541.482.4751 c ,f 302 Wendy & Michael Ross t.o 541.488.0531 ~J 303 George Goldberg 253 35th St., Santa Monica, CA 90402 310.395.8989 ggrouslc@verizon.not 202.744.6818 c J 304 Elin & Mitre Babcock anglaraiato@.aol.com 541.201.7647 i 305 Harold Goldstein J 11744 S.W. Summerville Ave. Portland OR 97219 541.552.0376 Carol Streeter HGOPAD@aolcorn 503.744.0708 306 Colette & Jerry Coleman 1760 W. Bertainia #141), Honolulu, HI 96826 808.942.8786 colemanhior@gmall.com 541.482.6999 Majestic Properties 1 Lorde Coey P.O. Box1354, Ashland, OR 97520 541.973.7217 Pro ert Manager for Ashland Creek Condominiums ja~y@g_mail.com 1.12011 * T.1 quater Street, Ashland, OR 97520 C I T Y OF Planning Department, 51 Winburn Way, Ashland, Oregon 97520 t 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLAND NOTICE OF APPLICATION PLANNING ACTION. PA-2012-01124 SUBJECT PROPERTY: 5 B Street APPLICANT: Ed Bemis and Don Jones DESCRIPTION: A request for a Water Resource Protection Zone Reduction approval to reduce the required 50-foot buffer from Ashland Creek by 25% to allow for future development of the site mixed use commercial site with associated site improvements at 5 B Street. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP M 391 E 09BB; TAX LOT #:15800 NOTICE OF COMPLETE APPLICATION: August 22, 2092 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: August 29, 2012 ~X l tr - ~ it rl ~ I ~ , 7 f l !I, ~ r = - \ ' 5!161 ECY P~iOFEAYY = - r 39 1E U999; 16\2110 ~fl ~ ~ 56STREET 4-7 (r , ft ~ / w r 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. comm eVp annmg ammng coons olicmg FolderA.Mailed , olices SgnS 1 2 2 . ocr 18.63.080 Water Resource Protection Zone Reductions A Water Resource Protection Zone may be reduced by up to 25% through a Type I land use procedure, and by greater than 25% and up to 50% through a Type II land use procedure to allow alteration within the Water Resource Protection Zone based upon findings that the following approval criteria have been satisfied, A. The proposed use or activity is designed to avoid intrusion into the Water Resource Protection Zone through the use of tip to a 50% reduction of any dimensional standards (e.g. required front, side and rear yard setbacks; required distance between buildings) to permit development as far outside or upland of the Water Resource Protection Zone as possible. Such adjustment to any applicable dimensional standards shall be reviewed as part of the requested reduction, and shall not be subject to a separate Variance application under Chapter 18,100. Reductions to dimensional standards may not be used to reduce required Solar Access setbacks without evidence of agreement by the effected property owner(s) to the north through a concurrent Solar Access Variance application as described in section 18.70,060, B. The alteration of the Water Resource Protection Zone is the minimum necessary to efficiently perform the proposed activity and/or use. The proposed development shall minimize disturbance to the Water Resource Protection Zone by utilizing the following design options to minimize or reduce impacts of development, 1. Multi-story construction shall be considered. 2. Parking spaces shall be minimized to no more than that required as a minimum for the use. 3. Pavement shall be minimized, and all pavement used shall be installed and maintained in a pervious paving material. 4. Engineering solutions shall be used to minimize additional grading and/or fill. C. The application demonstrates that equal or better protection for identified resources will be ensured through restoration, enhancement and mitigation measures. The structures, functions and values of the Water Resource will be restored through the implementation of a restoration and enhancement strategy set forth in a mitigation plan prepared in accordance with the standards and-requirements described in section 18.63.120. D. Long term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in section 18.63.120.C, except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. (Ord 3000, 2009) G `c;)=-de%Iplanninglplanning ActionsWntldng Potderl\lailed Notices $ Signs12012U012-01124.docc PA-2012-01124 391 E09BB 11500 PA-2012-01124 391 E09BB 16400 PA-2012-01124 391 E09BB 90002 171 OAK STREET LLC ASHLAND CREEK HOLDINGS LLC BERNARD RICHARD A TRUSTEE PO BOX 1169 70 WATER ST ET AL ASHLAND OR 97520 ASHLAND OR 97520 71 WATER ST 103 ASHLAND OR 97520 PA-2012-01124 391 E09BB 16100 PA-2012-01124 391 E09BB 90003 PA-2012-01124 391 E09BB 15600 BLARE JOHN FRANK/MARY S BOULIANE ANNE EDWARDS OREN E 239 OAK ST 776 NOE ST 219 N MOUNTAIN AVE ASHLAND OR 97520 SAN FRANCISCO CA 94114 ASHLAND OR 97520 PA-2012-01124 391 E09BB 402 PA-2012-01124 391 E09BB 11200 PA-2012-01124 391 E09BB 16300 HAINES LLOYD M TRUSTEE ET HAYES MERRILL E HIBBERT JAMES FIE JANE AL 191 OAK ST 263 OAK ST 96 N MAIN ST 202 ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2012-01124 391 E09BB 16000 PA-2012-01124 391 E09BB 11000 PA-2012-01124 391 E09BB 11100 LAURSEN ERIC TRUSTEE ET AL LOVETT RICHARD P TRUSTEE MATHER CHARLENE M TRUSTEE PO BOX 44 PO BOX 427 ET AL ASHLAND OR 97520 ASHLAND OR 97520 14 B ST ASHLAND OR 97520 PA-2012-01124 391 E09BB 16600 PA-2012-01124 391 E09BB 11600 PA-2012-01124 391 E09BB 400 OAKY DOAKY LLC PAGE JOSEPH PLAZA HOSPITALITY LLC 1085 DEER VISTA LN 1 LOUDON LN 98 CENTRAL AVE ASHLAND OR 97520 LOUDONVILLE NY 12211 ASHLAND OR 97520 PA-2012-01124 391 E09BB 11300 PA-2012-01124 391 E09BB 90001 PA-2012-01124 391 E09BB 16200 RENICK KAREN SELBY KAREN TRUSTEE ET AL TRYGG LEIF W/DIANA G 350 OXFORD ST 71 WATER ST 101 247 OAK ST ASHLAND OR 97520 ASHLAND OR 97520-1867 ASHLAND OR 97520 PA-2012-01124 391 E09BB 15800 PA-2012-01124 PA-2012-01124 YOUNG MICHAEL H TRUSTEE ET SCHWENDENER JOHN & PATTY Ed Bemis & Don Jones AL 25 WINDSOR PO Box 1018 PO BOX 276 MEDFORD OR 97504 Ashland OR 97520 JACKSONVILLE OR 97530 PA-2012-01124 22 Ray Kistler 5 B Street 545 A Street 8-23-2012 Ashland OR 97520 r j' ~d~['~'f'• _ ~'~.~+1_I~f11 I 7A 4iE1+ - - - - AY1DN 7EGNNOLOGY 46M Saba 7(M r a Mailer r +~U~ S7tl#~ pplication £rr Property 0ets Ontlne Legend ~t3Highlighted Feature rt..# r r' thaBuHer r r .'C r'&j IheBu}ferTarget Tax Lot Outlines _ 7400 r' - _ i .•~r•- i Tax Lot Numbers Soo] y 5m _ _ 7t r - 16-901 76b WOO _ _ yY r~' ~Fldlt}~ [3Offilti' {Jil{HS1(3U~J f s ay IC~uil - f~f~uo rut s `i}01 iO6~ ijUi}Q = 14 ti 2 i illlia i' i4y ~k ; 1i3i]i} ''S ¢yyy - - 71 ~zi34 _ ~ _ II 54 1' 11~t~V~F11 _ ;'i24tU 1$1'-- I 1270 __-111 10100 logo ~a JACKSON COUNTY f'` 11t111O r,' o r e g 0 it $ 10300 ~ campRed by Jackson County From a-ere a~n,~y i ; - -,-~^i orwureaaason COUnry cannot accept iFlFV3f--,13t} 11r rcsponstily for errors. am'sshns,a . s poscan y. Therearero wanaaies, es, expre expssed or Imprid. P'easerecyda w'h colored o'Fe grada paper Greatedwah Map~gker Map cmaMd on WW201210:58.34 A41us''hgweb.pcisor uNy.org ' +`I 1:ill t hJ' tlltl '14 ~fltFt r -III n -]]i 1 w;hkmd'0t; !I')! I") I I h4l 11111 8200 August 3, 2012 AUG FINDINGS OF FACT for: Map and Tax Lot # 391e09bb T.L. 15800 Address: located at the NE Corner of B and Water Streets, Ashland. PROPERTY NARRATIVE: Site has most recently been used by Avista for storage and equipment. Avista sold to current buyer with site remaining vacant. Site is fenced about 10-12' high with a cyclone fence and diagonal strips to visually block storage uses. Interest buyer of property would like to develop a 2500 sf mixed-use building. 50% Office and 50% Retail downstairs, (2) 1- bedroom apartments upstairs. Ashland Creek flow channel was recently widened at the northwest corner of the site with a concrete bridge spanning widened creek-bed. 18.63.080 Water Resource Protection Zone Reductions A. The proposed use or activity is designed to avoid intrusion into the Water Resource Protection Zone through the use of up to a 50% reduction of any dimensional standards to (e.g. required front, side, and rear yeard setbacks; required distance between buildings, etc) to permit development as far outside or upland of the Water Resource Projection Zone as possible. Such adjustment to any applicable dimensional stands shall be reviewed as part of the requested reduction, and shall not be subject to a separate Variance application under Chapter 18.100. Reductions to dimensional standards may not be used to reduce Solar Access setbacks without evidence of agreement by the affected property owner(s). to the north through a concurrent Solar Access Variance application as described in section 18.70.060. No reduction in any dimensional setback is requested in this application. The alteration of the Water Resource Protection Zone is the minimum necessary to efficiently perform the proposed activity and/or use. The proposed development shall minimize disturbance to the Water Resource Protection Zone by utilizing the following design options to minimize or reduce impacts of development. A U G - 3 1. Multi-Story construction shall be considered. Proposed Development includes multi-story construction. 2. Parking Spaces shall be minimized 11 spaces required per occupancy uses, 10 provided on-site and 2 off-site. .tt F.;t!lrI I{1111Ili i f kk" fs ii3_,i u,L1Ci r.,n.~il€ Ii;u.,ls hit;chin 11Y h21) vll 1811 fMIO IK fiC~ a 1'+:S I i 3. Pavement shall be minimized, and all pavement used shall be installed and maintained in a pervious paving material. No additional paving is planned other than code minimum for parking and backup. 4. Engineering solutions shall be used to minimize additional grading and/or fill. Existing grade will be final grade within V-p" throughout site. C. The application demonstrates that equal or better protection for identified resources will be ensured through restoration, enhancement and mitigation measures. The structures, functions and values of the Water Resource will be restored through the implementation of a restoration and enhancement strategy set forth in a mitigation plan prepared in accordance with the standards and requirements in section 18.63.120 A program of riparian area restoration is completed and currently being planned for this year in cooperation with the City of Ashland. D. Long term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in section 18.63.120.C- This will be prepared and submitted far approval prior to submission of building plans as a deferred submittal. Currently, the Client is simply in a period of due-dilligence into the build-ability of this lot. fi i'i A I trirE Ilr,i h. I,i QFi~ ~~0 1 I ua~i,~l[ ,r1s0, x11}Imi(j,lO? 11 tli!r'lll h,1k 1tS11 Ri:?1111 ;,yk,liYli1~77-r - 1 18.63.110 PLAN REQUIREMENTS- Please see attached Site Plan- Per 1 1) Narrative: Site has most recently been used by Avista for storage and equipment. Avista sold to current buyer with site remaining vacant. Site is fenced about 10-12' high with a cyclone fence and diagonal strips to visually block storage uses. Interest buyer of property would like to develop a 2500 sf mixed-use building. 50% Office and 50% Retail downstairs, (2) 1-bedroom apartments upstairs. Ashland Creek flow channel was recently widened at the northwest corner of the site with a concrete bridge spanning widened creek-bed. 2) Property comprises 10,960sf with an existing 12'x60', 1260+-sf single level, concrete block storage building located 18" from west property line and 8' from the Water St southerly property line. Most of the remaining site is paved. The northernmost 12' area that is not paved is sloping into the creek or actually over Ashland Creek itself. Rather uniquely, the northwest corner of the paved area actually bridges over recently widened creek channel. See attached Site Plan which indicates property lines, existing structures and single tree, creek, centerline of creek, bridge, top of bank, building area footprint, parking area footprint, Line of FEMA Floodway, and 25' setback from top of bank "Water Resources Setback Zone". New proposed sidewalk along Water Street is shown between existing curb and existing bridge sidewall. Site Plan indicates 25% allowed encroachment into Water Resource Setback zone for parking requirements, but not for dimensional setbacks. Note that downstairs east sideyard setback is the allowed 10' and building envelope is 20' from east property line on second level. No variance in setbacks is requested as part of this Type 1 application. 3) Site Development Map: Fishbearing - Steambank noted on Site Plan. c) There is no construction activity within a Wetland Protection Zone. d) Topographic information shown on Site Plan at 1' contour intervals. e) Only one tree exists on site, a Cedar to be protected with fencing to remain is located at right on the southwest corner within the vision clearance triangle thus to be limbed up 10'min. f) No other vegetation on site except invasive blackberry in the creek channel that the City is currently rehabilitating this year. g) Existing and proposed development is shown on Site Plan attached.. h) Natural Features shown on Site Plan. A I I (.1 1 f I s ,-•~TIULI ii;[lsil., `[L~f1fli f;s?1.1 1 1 t7 2ii h(l) 488 82110 ,•'!4'l!499,•tlf•1 i) Proposed and existing land uses within 100; of the Water Resources Protection Zone: Shown on Site Plan j) The location of temporary fencing and erosion control measures installed to prevent encroachment and flow of material into Water Resource Protection Zone, such as sediment fencing and hay bales. Shown on Site Plan k) North arrow and Scale: Shown on Site Plan. 1) Sources of information: (Federal, State and local): Local, per City of Ashland. 18.63.120 MITIGATION REQUIREMENTS A. Vegetation Preservation and Construction Staging: The following standards shall be addressed in mitigation plans to protect vegetation identified for preservation and water resources from sedimentation when construction activity is proposed within a Water Resources Protection Zone. 1) All listed requirements in 18.63.120 will be followed. B. Options for Satisfying Restoration and Enhancement Requirements in Mitigation Plans. Applicants will comply with the "Prescriptive Option" as outlined in this chapter. a) Re-Planting Timeline. Within 90days, b) Restoration Ratio: Disturbed areas shall be re-planted and an additional area restored, re-planted and enhanced at a one square feet of surface are disturbed, 150sf shall be restored, replanted, and enhanced. c) Local Native Plant Species Coverage: The Stream Protection Zone shall be a minimum of 50% plant coverage in local native plant species with the installation of new trees only to consist of native trees, d) Re-planting Priorities: L Priority shall be given to removal of noxious and invasive species and planted with natives. e) Shrub and Tree Requirements: Shrubs shall be planted and maintained to provide a minimum of 50% total coverage of the restored area within a 5 year period. 1 gallon minimum size. Canopy trees shall be planted at 20' intervals with 1" caliper minimum. Staked and protected by deer/rodent proof fencing. f) Erosion Control: Mulch, hay, jute netting shal be applied to protect disturbed, re- planted areas. g) Irrigation: New plantings shall be irrigated for 5 years minimum. h) Performance: Replaced those that don't survive for the first 2 years. 1) Irrigation Plans: Deferred Sumbittal. C. Management Plan: Deferred Submittal D. Performance Guarantee: Deferred Submittal. AMA 03 r~I 997t-eW bb9 8IIN39 03 :031VOI-lddV a 0099410'1 XVl 88603 WS dVN 4 q S133211S 2131tlM 8tl „8 213N2100 '3'N e Q N 103i'Mid 3Sfl-03SIN 03SOdMid N a o w l¢ SJNOP SIN38 w v<iQm O¢o OQ y Z a SNN O M O O O Z ¢II ~ xW~ ~ ~~(rw Ow mp W W yo?m XX o~mo z amww vY o~ w3~ K o! vv '~~3a o z~ zzz 3 go OQO~ y 3N tno NNN p F O N MJ~~ a Uw WI- www Q¢ ZiI It ni II N ° CL W W ONIIdVOSCNVI W(1) (0 \ I ONIIdVOSONVI 4 Olin L- -----------1 z L-J b c s ) V I 8.0 IB q' \ 1{I / N \ z n I J \ \ ONIIdVOSONb'l w 0 3 NIVM3015 x -VM OC '10H „0£ \ NEW 20'CURB CUT v illI ,lS ~]]I1bM `w "Sol I I~ ~ I I ~ I I I I C W to to Z ~ U U N U ¢ ¢ ¢ M N Z N Z N O I- M v~wU' W U Z pNr~ U U V Il M ~NMd' =O Q ¢<~Ca If If II II N w \\¢Sw z a o ~ O O.N-~ w ON 4.N ,[J M M mN~M 2~O \\II =.f p Vtt W II z in II rn II II II II ~z~ oo K w N u V N Z_OQ N ~wa I II I Otn (A ¢ CFO W W J u<O W Z y Z N w ¢ Y wa o FWm m wwabZ~ m O < omm ~om¢oa Z OpW w3W iW ¢ a x+~ m ooo¢ oom 0 I 1¢-co 0 Z JZ Z,) ~¢~i Y ZZ 1 U~ 3 ¢oYO o 33 ¢ _ OD<z Nvb`i~ ¢ oONa° E I-maJ 'aa a oo...0 rn `m Y O O .x~.,nwxww»irvw..,w.mxm a vw,w x.mm,wx wi.w,lu~o,.,„a.ux,q w~. x„owwiMw~ vw, irxx,v anw www.u.wwrou,iry,o uoaow ow,i'MI•Mxiwoio„o~o,aio wo~wuny ux py'9kxZ~'2K~Z1Pf81LNT51U'F4fl713N21fD\59M0\a5( 7 Panyy 51wa8 LT0-Zi\Z[\SS~Y'dBdhL ~ t W4_,L_' ZONING PERMIT APPLICATION 0 W IV Planning Division 51 Winburn Way, Ashland OR 97520 AS CITY OF 541-488-5305 Fax 541-488-6006 FILE HLAND DESCRIPTION OF PROJECT 'T/P_1?, _a ~E - E.r t tJ Tt; ~...C:=kt_Ue. DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES A O Street Address S r C G Assessor's Map No. 391E Qq Tax Lot(s) ) OO Zoning ( Comp Plan Designation APPLICANT Name GD ~ 1~/~t G~kTI~A~ T~,t~ (70~~ Phone I r Z qq G(o -E-Mail Address o . e) o City (S LI n~/~ Zip 2 7S 2-<D PROPERTY OWNER /vtf t yi[KfG t'~~f~ C7 S E-Mail Name :r{{~ r; a ~Pr~rr~ sc wr_ ~ryTvr Phone 5~f Z Address City Zip SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title ar4L. t Name L Phone sy l -1 Z2CCE-Mail it tf Address ~3 `f A 77(2 ~F-T - City Q-S (l-CALW Zip ? 7 S`-Z© 1 Title Name Phone E-Mail Address City Zip t 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 propeify 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, l further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that t produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact fumishedjustifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that aft structures or improvements are property 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 t-rti a Veno. It/ have any doubts, I am advised to seek competent professional advice and assistance. Applicant's S ature - Date As owner of the property involved in this request, f have read and understood the complete application and its consequences to me as a property owner. Prope`rt Ag o°r s Signature (required) Date (To be cortp'eted by City S'a'il Date Received Zoning Permit Type J_ Filing Fee $ 0 x OVER tad C:,Documents and Seilines~iucasa[)zsktop Zonine Permit AppUcatiomdoc i Job Address: 5 B ST Contractor: ASHLAND OR 97520 Address: C A Owner's Name: JOHN/MICHAEL SCHWENDENERIYOUNt 0 Phone: P Customer 01582 N State Lie No: R BEMIS DEVELOPMENT INC. T' City Lie No: L Applicant: R' Address: A C CSub-Contractor: A' Phone: T Address: N Applied: 08/03/2012 O T Issued: R' Expires: 01/30/2013 Phone: State Lie No: Maplot: 391e09bb15800 City Lie No: DESCRIPTION: Water Resource Reduction Zone permit VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MECHANICAL ELECTRICAL STRUCTURAL PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Other Type 1 planning review 982.00 CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St, Fax, 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.orms Inspection Request Line: 541-552-2080 I T Y ® F -ASHLANIJ