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Lithia_175_PA-2012-01122
CITY OFOctober 10, 2012 -ASHLAND First Place Partners, LLC 815 Alder Creek Medford, OR 97501 RE: Planning Action #212-01122 Notice of Final Decision At its meeting of September 11, 2012, based on the record of the public meetings and hearings on this matter, the Ashland Planning Commission approved your request for preliminary plat approval of a six-lot subdivision; site review approval to construct a three-story 18,577 sq,ft, mixed used building; and an exception to the Site Design and Use Standards to allow for two recessed balconies for the property located at 175 Lithia Way Assessor's Map # 39 1E 09BA; Tax Lots 10100, 11601, 11701 and 15000. The Ashland Planning Commission approved and signed the Findings, Conclusions and Orders document, on October 9, 2012. The Planning Commission decision becomes effective on the 13`h day after the Notice of Final Decision is mailed. Approval is valid for a period of 1 year. Please review the attached findings and conditions of approval. The conditions of approval shall be met prior to project completion. Copies of the Findings, Conclusions and Orders document, the application and all associated documents and evidence submitted, applicable criteria and standards are available for review at the Ashland Community Development Department, located at 51 Winburn Way. This decision may be appealed to the Ashland City Council if a Notice of Appeal is filed prior to the effective date of the decision and with the required fee ($325), in accordance with Chapter 18.108.110 (A) of the Ashland Municipal Code. The appeal may not be made directly to the Land Use Board of Appeals. The appeal shall be limited to the criteria listed in Chapter 18.108.110 of the Ashland Municipal Code, which is also attached. If you have any questions regarding this decision, please contact the Community Development Department between the hours of 8:00 am and 4:30 pin, Monday through Friday at (541) 488-5305. cc: Parties of record and property owners within 200 ft. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800.735-2900 www.ashland.or.us SECTION 18.108.110 Appeal to Council. A. Appeals of Type 11 decisions - shall be initiated by a notice of appeal filed with the City Administrator. The standard Appeal Fee shall be required as part of the notice. All the appeal requirements of Section 18.108.110, including the appeal fee, must be fully met or the appeal will be considered by the city as jurisdictionally defective and will not be heard or considered. I. The appeal shall be filed prior to the effective date of the decision of the Commission. 2. The notice shall include the appellant's name, address, a reference to the decision sought to be reviewed, a statement as to how the appellant qualifies as a party, the date of the decision being appealed, and a clear and distinct identification of the specific grounds for which the decision should be reversed or modified, based on identified applicable criteria or procedural irregularity. 3. The notice of appeal, together with notice of the date, time and place to consider the appeal by the Council shall be mailed to the parties at least 20 days prior to the meeting. 4. A. Except iipon the election to re-open the record as set forth in subparagraph 4.13. below, the review of a decision of the Planning Commission by the City Council shall be confined to the record of the proceeding before the Planning Commission. The record shall consist of the application and all materials submitted with it; documentary evidence, exhibits and materials submitted during the hearing or at other times when the record before the Planning Commission was open; recorded testimony; (including DVDs when available), the executed decision of the Planning Commission, including the findings and conclusions. In addition, for purposes of City Council review, the notice of appeal and the written arguments submitted by the parties to the appeal, and the oral arguments, if any, shall become part of the record of the appeal proceeding. B. The Council may reopen the record and consider new evidence on a limited basis, if such a request to reopen the record is made to the City Administrator together with the filing of the notice of appeal and the City Administrator determines prior to the City Council appeal hearing that the requesting party has demonstrated: a. That the Planning Commission committed a procedural error, through no fault of the requesting party, that prejudiced the requesting party's substantial rights and that reopening the record before the Council is the only means of correcting the error; or b. That a factual error occurred before the Planning Commission through no fault of the requesting party which is relevant to an approval criterion and material to the decision; or c. That new evidence material to the decision on appeal exists which was unavailable, through no fault of the requesting party, when the record of the proceeding was open, and during the period when the requesting party could have requested reconsideration. A requesting party may only qualify for this exception if he or she demonstrates that the new evidence is relevant to an approval criterion and material to the decision. This exception shall be strictly construed by the Council in order to ensure that only relevant evidence and testimony is submitted to the hearing body. COMMUNITY DEVELOPMENT DEPARTMENT Tek 541-088.5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 vAmashland.or.us f f Re-opening the record for purposes of this section means tine submission of additional written testimony and evidence, not oral testimony or presentation of evidence before the City Council. C. Oral argument on the appeal shall be permitted before the Council. Oral argument shall be limited to ten (10) minutes for the applicant, ten (10) for the appellant, if different, and three (3) minutes for any other Party who participated below. A party shall not be permitted oral argument if written arguments have not been timely submitted. Written arguments shall be submitted no less than ten (10) days prior to the Council consideration of the appeal. Written and oral arguments on the appeal shall be limited to those issues clearly and distinctly set forth in the Notice of Appeal; similarly, oral argument shall be confined to the substance of the written argument. D. Upon review, and except when limited reopening of the record is allowed, the City Council shall not re-examine issues of fact and shall limit its review to determining whether there is substantial evidence to support the findings of the Planning Commission, or to determining if errors in law were committed by the Commission. Review shall in any event be limited to those issues clearly and distinctly set forth in the notice of appeal. No issue may be raised on appeal to the Council that was not raised before the Planning Commission with sufficient specificity to enable the Commission and the parties to respond. E. The Council may affirm, reverse, modify or remand the decision and may approve or deny the request, or grant approval with conditions. The Council shall make findings and conclusions, and make a decision based on the record before it as justification for its action. The Council shall cause copies of a final order to be sent to all parties participating in the appeal. Upon recommendation of the Administrator, the Council may elect to summarily remand the matter to the Planning Commission. If the City Council elects to remand a decision to the Planning Commission, either summarily or otherwise, the Planning Commission decision shall be the final decision of the City, unless the Council calls the matter up pursuant to Section 18.108.070.13.5 . F. Appeals may only be filed by parties to the planning action. "Parties" shall be defined as the following: 1. The applicant. 2. Persons who participated in the public hearing, either orally or in writing. Failure to participate in the public hearing, either orally or in writing, precludes the right of appeal to the Council. 3. Persons who were entitled to receive notice of the action but did not receive notice due to error. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541ABB-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland,ows { BEFORE, THE PLANNING COMMISSION October 9, 2012 IN THE MATTER OF PLANNING ACTION 42012-01122, A REQUEST FOR } PRELIMINARY PLAT APPROVAL FOR A SIX-LOT SUBDIVISION OF THE } FOUR VACANT PROPERTIES LOCATED AT 175 LITHIA WAY; SITE } REVIEW APPROVAL TO CONSTRUCT A TFIREE-STORY 18,577 SQUARE ) FOOT MIXED-USE BUILDING CONSISTING OF BASEMENT PARKING, ) COMMERCIAL AND RESIDENTIAL SPACE ON THE FIRST FLOOR, AND ) FINDINGS, RESIDENTIAL SPACE ON THE SECOND AND THIRD FLOORS; AND AN } CONCLUSIONS EXCEPTION TO TPIE SITE DESIGN AND USE STANDARDS' DOWNTOWN ) AND ORDERS DESIGN STANDARDS (VI-B-3) TO ALLOW FOR TWO RECESSED BALCONIES ) ON THE FRONT OF THE BUILDING, ) APPLICANT; First Place Partners, LLC (a1)1)1icanta) ) Mark Knox of Urban Development Services, LLC (agent) } RECITALS: l) Tax lots # 10100, #11601, #11701 and #15000 of Map 391E 09 BA are located at 175 Lithia Way and is zoned Conuuercial (C-1). 2) The applicants are requesting preliminary flat approval for a six-lot subdivision of the four vacant properties located at 175 Litltia Way, at the corner of Lithia Way and First Street. Also includes] is a request for Site Review approval to construct a three-story 18,577 square foot mixed-use building with a basement consisting of basement parking, commercial and residential space on the first floor and ' residential space on the second and third floors. An Exception to the Site Design and Use Standards' Downtown Design Standards (VI-B-3) is also proposed to allow for recessed balconies,on the front of the building. Proposed site improvements are outlined on the plates on file at the Department of Convnuiiity Development. 3) The criteria for Preliminary Plat approval are described in Chapter 18.80,040 as follows; 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. 0. 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. PA 92012-01122 October 9, 2012 Wage 1 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, [Intentionally left blank.) 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. z 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. 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 file unsubdivided portion. H. Explanatory Information, Tire 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 file proposed subdivision and showing how proposed streets may be extended to connect with the existing streets. PA #2012-01122 October 9, 2012 Page 2 i 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 thlrty (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. (Ord. 2052, 1979) d) The criteria for Site Review approval are described in Chapter 18.72.070 as follows: A. All applicable City ordinances have been met or will be met by the proposed development. S. All requirements of the Site Review Chapter have been met or will be met, C. The development complies with the Site :Design Standards adopted by the City Council for implementation of this Chapter, D. That adequate capacity of City facilities for wafer, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. (Ord. 2655, 1991; Ord 2836 S6, 9999) 5) The criteria for an Exception to the Downtown Design Standards are described it) Section VI-K of the Site Design and Use Standards' Downtown Design Standards as follows: 1. There is a demonstrable difficulty in meeting the specific requirements of this chapter due to a uniquo or unusual aspect of the site, an existing structure or proposed use of the site; 2. There is demonstrable evidence that the alternative design accomplishes the purpose of the Downtown Design Standards and Downtown Plan in a manner that is equal or superior to a project designed pursuant to this standard or historical precedent (Illustration: Recomrnend 11). i PA #2012-01122 Oelober 9, 2012 Page 3 zero setbn~k - U45 antAll recrosrd bolonnydoeo not dnarrtat4u]l d rr~ t(y beldnd ddylntc hon) the daxntvrotiwe s ed Sting conle,<t 06 fidcwnik malarity of the (acAde 10 aG a zero setho k r..: rcGa93t~ - - " ' t~nlcnny r:3141 front. ' i WVJjr _ ~c'7Gegde tlei5'I 3lI PI~AGk F 'liorizont~tl and ' vcrtic~l r}~ytttrr5,~ ' pWds oyrnlrst.ry l ILLUSMATION it (000 p rofiIt) sip#emilk EXAMPLE - F0.551€i U EXGEP110u HIGH 3. The exception requested is the minimum necessary to alleviate the difficulty of meeting the Downtown Design Standards. G) The Planning Conuiiission, following proper public. notice, held a public hearing on Septe}nber 11, 2012 at which time testimony was received and exhibits were presented, The Platming Coininission approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, the Plaiming Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1, EXHIBITS For the purposes of reference to these Findings, the following index of exhibits, data and testimony is used; Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS i 2,1 The Planning Commission finds that it has received all information necessary to inake a decision based on the Staff Report, public hearing testiinony and the exhibits received, i PA #2012-01122 October 9, 2012 Page 4 2.2 The Planning Convnission finds that the proposal for a six-lot Subdivision niects all applicable criteria for Preliminary Plat approval as described in Chapter 18.80.040, that the proposal for Site Review approval meets all applicable criteria for Site Review as described in Chapter 18.72,070, and that the proposal for an Exception to the Downtown Design Standards ineets all applicable criteria for an Exception as described in Section VI-K of the Site Design and Use Standards' Downtown Design Standards. 2.3 The Planning Commission finds that the current application involves the completion of a subdivision of the property which began with Planning Action #2007-00091. That application included the creation of eight lots and the installation of parking, landscaping, and necessary services to facilitate development of the site. The Commission finds that the bulk of the improvements associated with the development were completed and infrastructure installed subsequent to that 2007 approval, with a few items left outstanding and the final plat never recorded. The applicants in the current request propose to complete the remaining improvements and infrastructure, but -woiild create only six lots, and would commence development of the site with a three-story, mixed use building on Lot #1 as discussed in 2.4 below. The remaining lots proposed to be cleated would each be subject to a separate Site Review application to ensure compliance with all applicable standards of the C-1 Commercial zoning District and Site Design and Use Standards for Basic Site Review, Detail Site Review, Downtown Design Standards, and Historic District Development. The Planning Commission further finds that tine existing site is vacant, lacking any buildings or significant natural features as the previous Copeland lumberyard and Tempest Court office park buildings were demolished and the site's tree removed with the 2007 approval. The Commission also finds that the scope of review for the current proposal involves the evaluation of the public and private improvements associated with the proposed (level opulent, including the lot layouts and utility services to be provided for sewer, water, electric, storm water, and paved access which have been installed and those which remain to be installed to ensure compliance with the requirements of the Subdivision Chapter (AMC 18.80), as well as consideration of the Site Review (AMC 18.72) requirements and applicable regulations for the Retail Commercial (AMC 18.32) zoning district to complete development of the site and Construction of the first proposed building. The Planning Commission finds that the subject property has frontage on two existing fully- improved cite streets: Lithia Way, an arterial and state highway, and First Street, a neighborhood street. Both frontages were frilly improved with sidewalks, curbs, gutters and paving installed ? under the 2007 approval; however all of the street trees and five additional street lights remain to be installed to complete the frontage improvements. Street capacity was considered during an earlier application (the "Northlight" in 2005) and it was determined that the adjacent street systern had adequate capacity to serve the comniercial-residential project proposed at that time, No new streets are identified within the current Transportation System Plan's inventory of needed transportation system improvements in this vicinity, an([ no new streets are being proposed by the applicant as part of this application. In addition, the Oregon Department of Transportation (ODOT) has reviewed the proposal and found that the project does not adversely PA 42012-01122 October 9, 2012 Page 5 i E impact the state's transportation facility and therefore the proposed land use action does not trigger ODOT review under the Transportation Planning Rule. The Commission finds that to facilitate the placement of parking behind future buildings, minimize the number of curb cuts, and limit access to the lesser-order frontage street, the applicants propose to take vehicular access to the site from First Street, Two curb cuts on Lithia Way and once curb cut on First Street were closed under the 2007 approval. The proposal includes a public access easement rough the common parking area behind the buildings to provide connectivity with the existing city parking lot to the west and out to Pioneer Street, The Commission also finds that the existing public sidewalks along the project perimeter on both Lithia Way and First Street were widened as part of the last, now -expired subdivision application. The Lithia Way pedestrian corridor was improved to Boulevard/Arterial standards for the downtown, which required a minimum of a 12-foot improvement width, with a four-foot commercial hardscape park-row containing tree wells between the curb and sidewalk, and a minirnurn of an eight-foot wide sidewalk. These width requirements were subsequently increased, and now call for a five-foot hardscape tree well and a ten-foot wide sidewalk on Lithia Way; the original sidewalk installation included five-foot, tree wells in anticipation of the new standards, however the sidewalk was installed at a width of eight feet where ter'► is now required, The applicants propose to add the remaining two feet of sidewalks on each lot's frontage in conjunction with development of each lot. Hive pedestrian scale streetlights were installed around the perimeter frontage of the property as part of the 2007 approval, and an additional five lights are required to be installed with the current request to bring the site into line with current city street light standards, Conditions have been included below requiring completion of street tree and street light installation prior to signature of the final survey plat, and widening of the sidewalks along each lot's frontage in conjunction with development of the lots. The Planning Commission finds that a utility plan has been provided to identify the routing of utility lines, and the applicants have indicated that all necessary utility easements will be identified on the final survey plat. There are no watercourses on the site which would require easements. Conditions have been attached to this approval to insure that the required casements are addressed on the final plat, i The Planning Commission finds that the Retail Commercial (C-1) zoning district has no lot area, width, coverage, or yard requirements except as necessary to provide for parking and solar access, or where abutting a residential district which requires that a ten-foot side yard and a ten feet per story rear yard be maintained, Building heights in the district are limited to 40 feet. The Commission further finds that the building envelopes for the proposed lots provide for more than the required setback between the proposed building sites and the adjacent residential neighborhood to the north, All buildings will be subject to the typical solar access requirement for commercial projects and held to a Class B solar standard as part of their Site Review approvals. Building heights will also be verified for compliance with standards at the time of Site Review approval, and each of the proposed lots has at least 40 feet of frontage upon a public street as required, PA U012-01122 October 9, 2012 Page 6 I The Planning Commission finds that a preliminary grading plan has been provided along with a landscape planting plan to demonstrate compliance with the grading standards in the Subdivisions chapter, and the application reiterates that these standards will be met. The Planning Commission further finds that a "Large Lot Subdivisions" provision is included in the Subdivisions chapter (AMC 18.80) to address the potential that large lots night be created which would be subdivided fi]rther at a later date. The Commission finds that in this instance, the application notes that the five proposed developable lots are not intended to be Ruiller° divided although the previously approved subdivision demonstrated that additional lots could be created while complying with applicable standards. The Planning Commission finds that while the Land Use Ordinance allows the Commission to reserve land for a period of one year for public acquisition if the City knows of plans by the State Highway Commission, School District, or other public agency to acquire a portion of the area within the proposed subdivision for public purposes, no such plans for acquisition of a portion of the site came forth in the review of the previous applications, none have been raised subsequently, and the site is not identified in the adopted Parks and Open Space Plan. The Planning Commission finds that the proposal provides two open space areas, 'a bio-swale feature and easements to increase pedestrian conncctivity through the site. The proposed open space nearest to the adjacent city parking lot Nvill provide a buffer should the city choose to develop that lot in the Riture, and open spaces on the two lots could combine to form a larger park space in the middle of the block, The Commission finds that the overall landscape coverage proposed for the site will meet the requirements of the ordinance, and will remedy the situation which existed in 2007 with the Copeland Lumberyard and Tempest Court office park where virtually the entire parent parcel Nvas covered in impervious surfaces. The Planning Commission finds that the Subdivisions chapter (AMC 18.80) provides for modifications to the standards and requirements if the subdivision proposed comprises a complete neighborhood, a large scale shopping center, or a planned industrial site. The Commission finds that noire of these types of development have been proposed here, and that no exceptions have been requested. The applicants rrote that they have submitted the required eight copies of their preliminary plat proposal prepared by a registered surveyor for the review and approval of the Public 'Norks Director and the Platviing Commission. The general information and existing conditions have been delineated as required. The Commission finds that the project site and all proposed lots have direct frontage on existing fully-improved streets, and that no new streets have been proposed with this application. Access to parking serving the proposed lots will be directly from First Street and from Pioneer Sheet through the adjacent city parking lot. Two curb cuts on Lithia Jay, an arterial street and state highway, and one curb cut on First Street were removed with the infrastructure installation for the previously-approved, now-expired subdivision. Existing and proposed public facilities and utilities necessary to service the project have been identified on a preliminary utility plan and discussed in the applicants' narrative. Existing and proposed upgrades include: PA #2012-01122 October 9, 2012 Page 7 f r ■ Three-phase electrical service is available to the project site, and tile, Electric Department has indicated that there is adequate power available to serve the development. Sortie electric infrastructure was extended with ttte 2007 approval, and the application notes that completion of fhe transformers necessary to serve the site and proposed building will be extended with completion of the current proposal, The Electric Department has also requested that the applicants' filial electric service plans also address any impact to existing primary electric lines running along the back of proposed Lots # I, #2 and #3 that might result from the installation of underground parking, including either deepening or relocation the .primaries. • Existing form-inch water mains are available in both Lithia Way and First Streets, and a new eight-inch water line was extended to provide a connection to B Street as part of tide 2007 subdivision improvements. Four-inch laterals were extended to each of the individual lots with the 2007 subdivision work, A six inch sewer line in First Street was upgraded to eight-inches to serve the project as part of tine 2007 subdivision improvements. • A private 12-inch storm drain line was installed on site, and a new 12-inch publio storm drain line was installed in First Street to convey storm water run-off from the site to (lie existing storm drain litre at B and First Streets as part of fhe 2007 subdivision improvements, With completion of the current request, 17 percent of the site is proposed to be landscaped, reducing run-off from the site, which was until tine 2007 subdivision improvements entirely covered with pavement and buildings, and a bio-swale is to be installed to allow for on-site detention and filtration of storm water before it eaters the city storm sewer system. • Paved access is provided directly from First Street and to Pioneer Street via an easement thmigh the existing City of Ashland public parking lot. Willi the 2007 subdivision approval's site work, two curb cuts were removed from Lithia Way and one from First Street in order to comply Willi city and state mquirertients for controlled access. As part of the 2007 subdivision improvements, the existing public sidewalks along the project perimeter on both Lithia Way and First Street were reconstructed. Tito' Lithia Way pedestrian corridor was improved to Boulevard/Arterial standards which required a minimum of 12 feet in improvement width; the installed improvements include a five-foot commercial hardscape parkrow with tree wells between the curb and sidewalk and an eight- foot wide sidewalk. Five pedestrian-scaled streetlights were also installed according to the City of Ashland's Iiistorie/commercial streetlight standard. Since the previous approval, city sidewalk standards have been changed to require a 15-foot pedestrian corridor on Lithia Way, Tile applicants propose to widen sidewalks to these flow standards with development of the site along the frontage of each lot as it develops, and street trees, tree grates, irrigation and five additional streetlights are to be installed to comply with doNvtitown streetlight spacing requirements, An existing transit shelter is already in place along Lithia Way, between Second and First Streets. PA U012-01I22 October 9, 2012 Page 8 I { An Owners' Association will be formed and CC&R's provided prior to signature of the final survey plat to ensure adegtcato maintenance provisions are in place for the proposed common area. A condition of approval has been included below to require that the applicants provide the necessary final plat submittal within 12 months, as required in the Subdivisions chapter (AMC 2,4 The Planning Commission finds that the project proposes a mix of residential and general offices uses. Office uses are a permitted use in the Retail Commercial (C-1) district, and residential units are a special permitted use in the district. C-1 zoning regulations require a minimum of 65 percent of the gross floor area of the ground floor of the building be used for permitted or special permitted uses, The Connnnission finds that the proposal designates 65 percent of the ground floor as commercial space, with the remainder of the ground floor, second and third floors dedicated to accommodating ten residential units, including one affordable unit. The Planning Conunission finds that with the proposal, the applicants would retain the overall 43- unit residential density of the parent parcels with ten units to be allocated to the currently proposed building on Lot #1 and the remaining 33 unit density to be allocated as the remaining lots develop .though tho Site Review process, The applicants also propose to allocate the available surface parking between the individual lots. The application notes that there are currently 48 surface spaces in place, with six additional spaces proposed to be added with the current request and an addition two on-street parking credits available along the First Street frontage of Lots 94 and 0 fora total of 56 spaces. The application identifies 27 spaces as required for the proposed building oil Lot #1, 16 of the 56 available surface spaces are proposed to be allocated to Lot #1, with the remaining spaces to be provided with 12 proposed spaces in an underground garage beneath the building, The Commission finds that the currently proposed allocation of parking and residential density is as follows; First Place Subdivision Prop sed Allocations by Lot LotNu arking Spaces Lot Number Residential Units 16 Lot 1 10 16 Lot 2 TBD 10 Lot 3 TBD 7 Lot 4 TB D Lot 5 7 Lot 5 TBD TOTAL 56 TOTAL 43 AVAILABLE AVAILABLE k The Planning Commission finds that the C-1 zoning district does not require standard setbacks from property lines unless a parcel abuts a residential zoning district, in this case, Lot #1 is entirely surrounding by other parcels within the subdivision, including common area, with commercial F PA 92012-01122 October 9, 2012 Page 9 i i zoning and while standard setbacks are not required the proposed building is approximately 80 feet from the nearest residential properties to the rear, The Planning Commission finds that, given its frontage on Lithia Way, the property is subject to the Arterial Setback requirements of AMC 18.68.050. These requirements call for a setback which is the lesser of 20 feet or the -svidth necessary to install standard sidewalk and parkrow improvements. The Planning Commission finds that city standard sidewalks were installed along the frontage in conjunction with the previous (now-expired) 2007 subdivision approval, and that the sidewalk width standard has since been increased. The Commission finds that the applicants propose to install an additional two-feet of sidewalk along the frontage of each of the Lithia Way-fronting lots to comply with the new standards. The Planning Commission finds that the proposed building height of 40 feet, which has been averaged based on the finished grade on all four elevations, is the maximum height permitted in the C-1 zone, The Commission further finds that the landscaping plait provided identifies 15 percent of the site as included in landscaped areas in addition to required seven percent landscaping for the parking area, for a total of 17 percent landscaping, which exceeds the 15 percent requirement for the C-1 district. The Planning Commission finds that the bicycle parking requirements in AMC 18.92 call for at least one bicycle parking space to be provided for every five automobile parking spaces, with fifty percent of these spaces to be covered, and that additional covered bicycle parking spaces be provided for each residential unit. For the 56 surface automobile parking spaces proposed, at least 12 bicycle parking spaces are required to be provided in addition to those spaces necessary for the residential units which the applicants propose to address in individual basement storage areas provided for each unit. As proposed, the application identifies what appear to be five bicycle racks in the plaza space to the west of Lot #1 and three racks adjacent to the walkway north of Lot #5. The Commission finds that while eight racks provide 16 bicycle parking spaces, exceeding the amount required to be provided in association with the surface automobile parking, at least six of the required spaces must be covered, and a condition to this effect has been included below. The Planning Commission finds that subsequent to the installation of the parking lot for the developinent approved in 2007, new "Parking Area Design" standards" have been adopted in AMC 18.92.080.B. These standards require; • `t'hat parking lots with 50 or more spaces be divided into separate areas with building I placement, landscape areas with walkways at least ten feet in width, plazas, and streets or driveways with street-like features including raised sidewalk of at least five feet in width, six-inch curbs, accessible curb rannnps, street trees in planters or tree wells and pedestrian- oriented lighting. ® Design parking lots and other hard surface areas in a way that captures and treats runoff with landscaped medians and swales. i i PA 1/2012-01122 October 9, 2012 Page 10 I • That the adverse environmental and nricroclimatic impacts of surface packing be minimized through design and material selection. Parking areas of more than seven parking spaces are to use at least one of the following strategies for surface parking, or put 50 percent of the parking underground: o Use light-colored paving materials with a high solar reflectance (i.e. a Solar Reflective Index (SRI) of at least 29) to reduce heat absorption for a minimum of 50 percent of the parking area surface, o Provide porous solid surfacing or an open grid pavement systern that is at least 50 pexeent pervious for a minimum of 50 percent of the parking area surface. o Provide at least 50 percent shade from tree canopy over the parking area surface within five years of project occupancy. o Provide at least 50 percent shade from solar energy generating carports, canopies or trellis structures over the parking area surface, In. considering the existing parking area in light of these standards, the Planning Commission finds that the parking lot is divided into separate areas with a street4ike driveway and landscaping, that a bio-swale. is to be installed to address parking lot drainage, and that the numerous parking lot trees to be installed will provide at least 50 percent canopy coverage for the parking area, and that these measures satisfy the new "Parking Area Design" standards. The Planning Commission finds that new standards for pedestrian access and circulation have also corne into play in AMC 18.92,090 since the 2007 subdivision approval, and that these standards require a continuous walkway system be provided in developments to connect all phases of the proposal and provide links to existing or planned sidewalks, trails, parks or open space areas with safe, direct and convenient connections between primary entrances and public streets, The Commission further finds that the previously approved site configuration included a pedestrian walkway from the northeast corner of the property, from First Street through the landscaping area and its bio-swale, through the parking lot and through a corridor within the ~ proposed building on Lot #1 to provide a direct pedestrian route between Lots #1 and 42, This pedestrian walkway, which the original application suggested was comparable to the Old Masonic walkway between the Ashland Plaza acid Calle Guanajuato, provides a connection to a similar walkway adjacent to the Jasmine Building across the street that connects to a series of similar segments all the way to Hargadine Street above the parking structure, The applicants have proposed to close the portion of the walkway extending through the building on Lot 91 at night when the businesses in the building are closed, noting that this closure would be during limited hours for security purposes, and that when closed a less direct route is available along the walkway an the west side of the building. The walkway provides a materially distinct connection from First Street, through the parking lot, past the rear of fixture buildings on Lots #5 and #6 and ~ connects to a concrete sidewalk at the rear of Lots #l, #2 and #3 which continues on to provide a connection to the adjacent city parking lot and out to Lithia Way through proposed plaza space, j Pedestrian scale lighting is also to be provided with the proposal. The Commission finds that the pedestrian circulation system satisfies the requirements of the new circulation requirements, and PA 92012-01122 October 9, 20 t2 Page I I further finds that the walkway through the building on Lot #1 provides a degree of pedestrian connectivity which will contribute to the vitality of street life in the area and that the nightly closure of this route should be minimized to the greatest extent possible.. The Planning Commission finds that, in keeping with the requirements of the Site Review Chapter, the application materials provided demonstrate both that the required 15 percent landscaping and seven percent parking lot landscaping will be installed with the project, and that an irrigation system will be installed that is a low volume, fiully automatic design. The application further notes that for those lots that are to remain undeveloped for a time (Lots 42-5) the building pads will be seeded with a low-water use wildflower mix and maintained in a weed- free condition. Required trash and recycling facilities are to be provided in the building's basement, and light fixtures will be selected and placed to avoid direct illumination of adjacent residential properties, Conditions to ensure that these items are installed and maintained according to standards as described in the application have been included below. The Planning Commission finds that the subject property lies within the Detail Site Review Zone, the Downtown Design Standards Zone, and the Downtown and Railroad Addition historic districts. The application is subject to the Basic Site Review Standards for Commercial Development, Detail Site Review Standards, Downtown Design Standards and Historic District Design Standards. Additionally, because the proposed building is greater than 10,000 square feet in size and is located within the Detail Site Review Zone, the development is also subject to the Additional Standards for Large Scale Projects. The Planning Commission finds that the proposed building design meets the Basic Site Review Standards. The building's orientation is to Lithia Way. Strectscape and landscape amenities are to be provided in conformance with the Standards, Parking and circulation are placed behind the building, and requisite parking lot landscaping and screening are detailed in the plans provided. The application recognizes the requirements to address noise and glare, and notes that noise will be within limits typical of the permitted use and will not exceed standards, and that lighting will be provided in the form of under-canopy lights, strategically placed wall lights, and pedestrian scale bollard lighting designed to comply with standards to minimize glare. The Planning Conwiission fiirther finds that the Detailed Site Design Standards have been fully addressed. The project is subject to meeting a minimum 0.50 Floor Area Ratio (FAR), and the application explains that with the proposed building on Lot ##1 and plaza space the FAR for the full site will already be at 0.38. The application notes that with development of the remaining lots only as single story buildings, the site would be at a 0.69 FAR and that with the likelihood of multi-story buildings more in keeping with downtown development an FAR of 0.95 is more likely to be achieved, The Commission has included a condition below requiring that a shadow plan illustrating compliance with the FAR standard be provided prior to signature of the final plat air issuance of the first building perinit. The Planning Commission further finds that the building face incorporates many windows as well as a covered entry and horizontal canopies to provide pedestrians with protection from the elements. The building's mass is divided into three vertical PA ##2012-01122 October 9, 2012 Page 12 { bays as viewed from Lithia Way, with the entrance centered in the middle bay and emphasized with a large marquee, an([ the second story window treatment provides larger vertical windows adding emphasis to the central bay over the entry. Plaza areas and pedestrian walkways are to be treated in scored, colored concrete to clearly designate "people areas" of tile, site, and the proposed building is to be set dixectly behind the sidewalk. Perimeter landscaping is to be provided around the site, and a six-foot eight-inch cinder block wall is in place to screen adjacent residential uses to the northeast. The proposed building is also placed nearly 80 feet from the nearest residential property line. The Planning Cornrnission finds that the proposed building is subject to Large Scale Design Standards because its floor area is to be greater than 10,000 square feet, and the Commission farther finds that the proposal meets these standards. The proposed building's mass is divided into three vertical bays, and marquees and awnings are provided to`provide pedestrians with protection from the elements and relate tine building to a more human scale. The third floor is treated in cement plaster rather than the brick of fire first two floors which tends to downplay tire. building's height and mass. Recessed balconies are provided at either end of the upper floor, and tend to break up the building's mass and stagger the strcetscape appearance. At 18,577 square feet of floor area, neither the building's footprint nor its floor area exceeds the 45,000 square foot limit within the Downtown Design Standards Zone. The Large Scale requirements call for one square foot of plaza or public space to be provided for every lfl square feet of gross floor area. hr this case the floor area is 18,577 square feet, requiring 1,858 square feet of public space. When the conrrrion area is considered with Lot 41, the applicants propose to provide a total of 5,044 square feet of plaza space to address the plaza space requirements for the proposed building, as well as for any other buildings oil the parent parcel that are developed subject to the Large Scale standards. Public or plaza space is required to contain at least four of the six element identified in tine standards. In this case, the applicants have chosen to incorporate seating space, sunlight and shade areas, protection from wind, trees, and areas for outdoor eating/food vendors. The application also notes that while no opportunities for public art have been identified as yet, the applicants are open to dialogue with the Public Arts Commission as the project develops further. The Commission filrther finds that the proposal is subject to the Parking Lot Landscaping and Screening Standards, and that these standards are met in the application. The application notes that to comply with these standards, parking areas will be screened front adjacent rights-of-way with landscaping and building placement, and that landscape buffers and screening will be provided for properties abutting the rear of the site, The requisite seven percent landscaping is to be provided for the parking area, and a landscape plan has been provided. Three trees per seven parking spaces are proposed, substantially more than tine one tree per seven spaces required ill the standards, The k Commission further finds that in response to concerns raised by a neighboring property owner on B I Street that the existing fencing at the north property lure, which serves to provide a buffer to protect the adjacent residential uses from the detrimental effects of commercial uses and associated parking, was in disrepair, the applicants provided assurances that the fence would be repaired and maintained in good condition to provide a sight-obscuring barrier and an effective buffer betwaerr the commercial and residential uses. PA 92012-01122 October 9, 2012 Page 13 i Tile Planning Commission further hinds that other than the Exception requested to allow t-%vo small balconies oil Lithia Way discussed in 2.5 below, the building design complies witl-i the Downtown Design Standards. The applicants have proposed a multi-story, downtown-style building. The building extends from side lot like to side lot line placed at the back of the sidewalk, and incorporates large street-level windows and transparent doors. The building incorporates horizontal and vertical rhythms through divisions oil the facade as required by the standards. The upper floor windows are vertical. The building incorporates an architectural base, as is typical in historic buildings in the area. The roof is flat, with a parapet and includes a cornice- The frontage of the building is primarily brick, with cement plaster oil tine tipper floor. Tile Planning Cq muission finds that while the north side of Lithia Way presently has no buildings on the block between Pioneer and First Streets, the proposed building design is in keeping with the height, scale, massing, setbacks, roof forms, and rhythni of openings typical of the opposite side of the street and sought in the Historic District and Downtokvn Design ,Standards. The Coninlission further finds that the Historic Commission reviewed the proposal and recommended that it be approved with two relatively author modifications: that the horizontal banding be continued around the north side (rear) of the building, and that the column on the right side of the rear elevation be removed. Both of these modifications were suggested by the project architect and supported by the applicants' team during the hearing, and the Historic Coniniission felt that they improved the overall design. The Planning Commission finds that the bulls of the public facilities and utilities necessary to serve development of the site were installed under the 2007 approval and that the applicants propose to complete the remaining installations prior to signature of the final survey plat for the current application. The existing and proposed upgrades include: • Three-please electrical service is available to the project site, and the Electric Department has indicated that there is adequate power available to serve the development. Sonne electric infrastructure was extended with the 2007 approval, and the application notes that completion of the transformers necessary to serve the site and proposed building will be extended with completion of the current i proposal. The Electric Departniont fins also requested that the applicants' final electric service plans address any impact to existing primary electric lines running along the back of proposed Lots 41, #2 and #3 that might result from the ' installation of underground parking, including either cleepening or relocation (lie primary, • Existing four-inch] water inains are available in bath Lithia Way and First Streets, and a new eight-inch water line Nvas extended to provide a connection to 13 Street as part of the 2007 subdivision improvements. Four-inch laterals were extended to each of (lie. individual lots with the 2007 subdivision work. • A six-inch sewer fine in First Street was upgraded to eight-inelies to serve the project as part of the 2007 subdivision improvements. • A private 12-inch storm drain line was installed oil site, aad a new 12411011 public storm drain line was installed in First Street to convey storm water i-un-off from the site to the existing storm drain line at B and First Streets as part of tine PA 112012-01122 October 9, 2012 Page I A 2007 subdivision improvements. With completion of the current request, 17 percent of tine site is proposed to be landscaped, reducing run-off froth the site, which was until the 2007 subdivision improvements entirely covered with pavement and buildings, and €r bio-swale is to be installed to allow for oil-Site detention and filtration of storm -water before it enters the city storm sewer system. Paved access is provided directly froth First Street and to Pioneer Street via an easement through the existing City of Ashland public parking lot. With the 2007 subdivision approval's site -work, two curb cuts were removed from Lithia Way and one from First Street in order to comply with city and state requirements for controlled access. • As part of tine 2007 subdivision improvements, time existing public sidewalks along the project perimeter on both Lithia Way and First Street ware widened. The Lithia Way pedestrian corridor was improved to tine Boulevard/Artcria[ standards in effect at the time which required a minimum of 12 feet in I improvement -width. A five-foot commercial hardscape parkrow with tree wells between the curb and sidewalk and all eight-foot wide sidewalk were installed, hive pedestrian-scaled streetlights were also installed according to tine City of Ashland's historic/commercial streetlight standard. Since tine previous approval, city sidewalk standards have been changed to require a 15-foot pedestrian corridor on Litlrla Way. Tire applicants propose to widen sidewalks to these new standards with development of the site along tine frontage of each lot as it develops, and street trees, tree grates, irrigation and five additional streetlights are to be installed to comply with downtown streetlight spacing requirements. • There is an existing transit shelter located nearby along Lithia Way, between First and Second Streets. The Commission finals that water, sewer, paved access to and through the development site, electricity, urban storm drainage and adequate transportation to and through the subject property can and will be provided, with all site utilities either having been upgraded under the 2007 approval or to be completed here with the current proposal; vehicular access provided from existing fully-improved streets; sidewalks widened to meet current street standards and easements provided to increase vehicular and pedestrian connectivity to and through the site. 2.5 The Planning Commission finds that the application proposes two small, recessed balconies on the front fagade of the building. These balconies have a depth of approximately five i feet, six inches and an area of approximately 70 square feet each. In Section VI-13-3, the Downtown Design Standards state, "Recessed or projecling balconies, verandas or other usable space above the ground level on avisting and new buildings shall not be incoi7mrated hi a street ,/acing elevation," and as such an exception to this standard has been requested, i The Planning Commission finds that there is a demonsif able difficulty in building to urban densities in the downtown environment while trying to at the same time provide some measure of functional outdoor space for residents. The balconies proposed, which are only approximately five-and-a-half feet deep and 70 square feet in area, help to break up the mass of the building, PA 112012-01122 October 9, 2012 Page Is I ! provide a staggered streetscape in keeping with standards and demonstrated to be effective on the nearby Jasmine Building, and give the building added street presence. These balconies are at a bear minimum dimension to provide for functional outdoor residents, and are in keeping with the "small recessed balcony (which) does not dramatically deviate fronn the downtown's existing context the majority of the fagade is at a zero setback" shown in Illustration 411 below, identified as an appropriate example of a "possible exception design" taken directly from the Downtowau Design Standards. te-ra sekback 041 anu+7 recedar,•,E bAkanydoca rwCdrarresLeslty P;rentYI,d"rd dNatafrentLhtdynntvuan'e&aosk ttmot,•tba t a4cvu!~ rr1gmtYof V-4W.Mso1%LBzero umack 5 _ CG:d59(S'~ _ _ f f-' E+ekany r+th~ront kv; rg _ i fscsdt h~:[n~ n " skbatk - ' 'Eer+mntaE and ' vcrtksE rhythrta ~ ~El35TPJt[EO~f EE {NS: ~rafib) NdeevAk MUPE£ - P08SIiM! E:XW004OIfSOH SECTION 3, DECISION 3.1 Based on the record of the Public Hearing on this natter, the Planning Commission concludes that the proposal for a six-lot subdivision of the properly located at 175 Lithia Way; Site Review approval to construct a three-story 15,577 square foot mixed-rise building consisting of basement parking, commercial and residential space on the first floor, and residential space on the second and third floors; and an Exception to the Downtown Design Standards to allow for two small recessed balconies on the front of the building is supported by evidence contained within the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, Ave approve Pla►ming Action ##2012-01122. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action 02012-01122 is denied. The following are the conditions and they are attached to the approval: I . That all proposals of the applicant are conditions of approval unless otherwise modified herein, ! including Otit not limited to that lots not actively being constructed will be treated with a wildflower mix and maintained in a weed-free condition and that the existing fence on the north property line will be repaired and maintained in good condition to provide a sight-obscuring , buffer to the adjacent residential properties. 2. That a final survey plat shall be submitted to the city for review within 12 months of this approval. I PA #2012-01122 October 9, 2012 Page 16 i 3. The windows on tine ground floor of the proposed building shall not be tinted so as to prevent views from outside of the building into ti►e interior of the building, and the entrances adjacent to Lithia Way and the plaza space shall remain functional and open to the public during all business hours. 41 That prior to tree removal, site work, storage of materials or building permit issuance, tree identification and protection measures shall installed, inspected and approved on site by the Staff Advisor through a Tree Verification Permit. Tree Verification for this application is limited to identification of the two trces to be removed, 5. That prior to the signature of the final survey plat: a) Alt easements for sewer, water, electricity, drainage, public access, public pedestrian access, and fire apparatus access shall be shown on the final survey flat as rewired by the City of Ashland Engineering Division, The 22-foot public access easement extending from First Street to the existing city parking lot shall be identified as fire apparatus access on the final survey plat. b) The applicant shall Submit a final electric distribution and lay-out plan including load calculations and locations of all primary and secondary services including transformers, cabinets and all other necessary equipment to be installed and installed with the initial subdivision infrastructure in 2007-2008, In the event that the proposed construction of underground parking impacts the city's existing underground primary electric lines, the plan shall address necessary measures to deepen or relocate these lines. This plan must be reviewed and approved by the Public Works, Engineering, Electric, Building and Planning Departments prior to signature of the final survey plat. Transformers and cabinets small be located in areas least visible from streets, while considering the access needs of the Electric Department. j c) Final utility, grading and drainage plans for the subdivision shall be reviewed and approved by the Engineering, Building and Plannning Divisions prior to signature of the final survey plat. The utility plan shall include the location of connections to all public facilities in and a(iIaccnt to the development, including the locations of water lines and meter sizes, sever mains and services, manholes and clean-outs, storm drainage pipes and catch basins, d) A final grading plan shall be submitted indicating the direction of flow of ail surface flows in the development, including those onto and off of adjoining properties. Site grading shall be. designed to provide positive drainage away from all buildings and structures except those designed to withstand flooding in accordance with the building code standards for flood-proofing. Freeboard shall be specified on the grading plan. e) That the design of any necessary on-site storm water detention systems (Le, bio-swates) and off-site storm drain system improvements be reviewed and approved by the Public Works/Engineering Department and Staff Advisor prior to signature of the final survey plat. Post-development peak storm water flows must not exceed pre-development levels. The permanent maintenance of on-site storm water detention systems must be addressed through tine obligations of the Owners' Association CC&R's and reviewed and approved by file Public Works, Building and Planning Divisions, PA #2012-01122 October 9, 2012 Page 17 1 ! That engineered construction drawings for remaining public sidewalk improvements along Lithia Way shall be submitted for review and approval of the Ashland Planning and Engineering Divisions, and the Oregon Department of Transportation prior to signature of the final survey plat, prior to work in the street right-of-way and prior to installation of improvements in the pedestrian corridor. These plans shall include street tree installation cross-sections. The Lithia Way pedestrian corridor is required to be a minimum of 15 feet in width, with a five-foot commercial hardscape parkrow with tree wells and grates between the curb and sidewalk and a minimum of a ten-foot wide sidewalk, Sidewalks installed outside of the existing right of way require that public pedestrian easements be provided or additional right-of-way dedicated. Pedestrian-scale streetlights shall consist of the City of Ashland's historic/commercial streetlight standard. g) That any necessary construction detouring on the sidewalk and Lithia Wray shall be approved by the Oregon Department of Transportation and the Ashland Engineering Division prior to issuance of permits or work in the right-of way. h) That public pedestrian access easements or right-of-way dedications shall be granted for any proposed sidewalk improvements which extend beyond tile, existing Lithia Way or First Street rights-of-way. i) That the requirements of the Ashland Dire Department, including the installation of fire apparatus access and the use of an Ashland Fire and Rescue-approved method for nighttime closure of the private access easement between Lots 1 and 2, shall be clearly identified on the construction drawings and reviewed and approved by the Ashland Fire Department prior to issuance of a building permit or signature of the final survey plat. j) That revised Landscaping and Irrigation Plans shall be submitted for the review and approval of the Staff Advisor prior to the signature of the final survey plat. Revised plans shall incorporate recommendations of the Tree Commission's September 2012 meeting where consistent with the Site Design and Use Standards and with final approval of the Staff Advisor; shall take into account all electrical cabinets and transformer locations and any mechanical equipment in demonstrating that lot coverage requirements are adequately addressed; shall demonstrate that the required five-foot wide landscape screening strip is provided for the Rill northern boundary of the subject property; and shall include irrigation details to satisfy the requirements of Site Design and Use Standards' Water Conserving Landscaping Guidelines and Polices prior to signature of the final survey plat. k) All hardscape, landscaping, irrigation, parking, bicycle parking, walkways, sidewalks, street trees with street tree grates and irrigation, street lights and pedestrian scale on-site lighting, and the bio-Swale, shall be installed according to approved plans, inspected, and approved prior to the signature of the final survey plat. 1) That the applicants shall pay any necessary utility service and connection fees that were previously paid for services and connections provided in conjunction with the installation of infrastructure for the previous 2007 subdivision approval. m) That a final copy of the CC&R's for the Owners' Association shall be provided for the review and approval of the Staff Advisor and the Public Works Director prior to the signature of the final survey plat. The CC&R's shall describe responsibility for the PA #2012-01122 October 9, 2012 Page 18 I maintenance of all common areas including landscaping, bio-swale, driveways, parking and pathways. n) The five remaining street lights to be installed to comply with city street light placement standards for the downtown design standards zone shall be installed, inspected and approved by the Staff Advisor. The required pedestrian-scaled streetlights shall consist of the City of Ashland's historic commercial streetlight standard lights. o) That the inverted a-rack shall be used for the bicycle parking and that all proposed bicycle parking within the common area shall be installed in accordance with the design, placement and coverage standards in AMC 18.92.040.1 and T prior to signature of the final survey plat, p) Prig to the signature of the final survey plat or issuance of the first building permit, the applicants shall provide a Floor Area Ratio (FAR) shadow plan as well as a chart detailing the allocation of available surface parking spaces, residential unit density, floor area ratio and plaza space between the five proposed lots. Site Review and building permit submittals for each lot shall provide demonstration of compliance with these allocations, including any modifications thereto 6) That prior to the issuance of a building permit; a) That the plans submitted for the building permit shall be in substantial conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, all application to modify this Site Review approval shall be submitted and approved prior to issuance of a building permit, b) The final plat for the subdivision shall be submitted and approved. All hardscape, landscaping, irrigation, parking, bicycle parking, walkways, sidewalks, street trees, street lights and pedestrian scale on-site lighting, and the bio-swale, shall be installed according to approved plan, inspected, and approved prior to the signature of the final survey plat. c) The recommendations of the historic Commission's September 2012 meeting, where consistent with applicable standards and with final approval by the Staff Advisor, shall be conditions of this approval and incorporated into the final building permit submittals. d) That a comprehensive sign program in accordance with the requirements of Chapter 18.96 shall be developed for the building and submitted for review and approval with the building permit submittals. That a sign permit shall be obtained prior to installation of new signage. Signage shall meet the requirements of Chapter 18.96. c) All private casements and public utility casements on the property shall be shown on the building permit submittals. f} A final drainage plan shall be submitted at the time of a building permit for review and approval by [lie Engineering, Building, and Planning Divisions. g) A final utility plan for the project shall be reviewed and approved by the Planning, Engineering, and Building Divisions prior to issuance of a building permit. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, sewer mains and services, manholes and cleats-outs, storm drainage pipes and catch basins. PA M12-01122 October 9, 2012 Page 19 i f lr} The applicant submit a final electric design and distribution plan including load calculations and locations of all primary and secondary services including transformers, cabinets and all other necessary equipment. This plan must be reviewed and approved by the Electric Department prior to building permit submittals. Transformers and cabinets shall be located in areas least visible from the street, while considering the access needs of the Electric Department. i) That mechanical equipment shall be screened from view from Lithia way, Location and screening of mechanical equipment shall be detailed on the building permit submittals. j) Exterior lighting shall be shown on the building permit submittals and appropriately shrouded so there is no direct illumination of surrounding properties. k) That the building materials and the exterior colors shall be identified irr the building permit submittals, The information shall be consistent with the colors, texture, dimensions and shape of materials and building details proposed and approved as part of the land use application. Exterior building colors shall be muted colors, as described in the application. Bright or neon paint colors shall not be used in accordance with 11-C-20 1) of the Detail Site Review Standards, 1) Building permit submittals shall identify all required bicycle parking installations. Inverted it-racks shall be used for the bicycle parking, and the building permit submittals shall verify that the bicycle parking spacing and coverage requirements are met in accordance NvIth 18.92.060.1 & .I. rrr) Solar setback calculations demonstrating that all new construction complies with Solar Setback Standard B in the formula [(Height - 16)/(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifying the highest shadow producing point(s) and the height(s) from natural grade shall be included in building permit submittals. i n) Prior to any work within the public rights-of-way, all necessary penuits must be obtained from the Public WorksfEngineering Department. Prior to the issuance of permits or ! commencement of any site work in the Oregon Department of Transportation's (ODOT) , right-of-way for Lithia Way, the applicant shall provide proof of also having obtained required permits from ODOT. The applicants shall maintain a vision clearance triangle which complies with ODOT and City of Ashland standards o) That prior to issuance of a building permit, the applicants shall record a deed restriction in accordance with the City of Ashland's Affordable Housing Standards specifying that the unit designated as affordable is to develop as affordable for moderate income persons according to the requirements of Resolution #2006-13, and shall remain affordable for a period of not less than 30 years. Residential density for the project is being allocated from the parent parcel to individual lots, and as such the development of additional residential units on any of the lots of the parent parcel shall demonstrate compliance with the requirements of AMC 18,32.025.D.5 which call for at least ten percent of the total residential units on the parent parcel to be affordable for moderate income persons in accord with the standards established by resolution. 1 PA 42012-01122 October 9, 2012 Page, 20 i I 7) That prior to the issuance of a certificate of occupancy, a) The landscaping and irrigation system shall be installed according to the approved plan, inspected and approved. by the Staff Advisor. If, upon review of the submitted landscape and irrigation plans, any revisions to landscape plants or irrigation are required to conform to Section III of Site Design and Use Standards, they shall be incorporated into a revised landscape plan and submitted for review and approval of the Staff Advisor b) All bicycle parking shall be installed in accordance with design, placement, coverage and rack standards in 18,92.040.1 and J prior to the issuance of the certificate of occupancy. c) An opportunity to recycle site of equal or greater size than the solid waste receptacle shall be included in the trash enclosure in accordance with the Recycling Requirements of AMC 18,72.115.A. d) 'fhe requirements of the Building Department shall be satisfactorily addressed, including but not limited to that the mixes-use occupancy is required to be fire sprinkled according to Oregon Structural Specialty Code for R-2, S-2 and 13 occupancies, and that the site and structure are required to meet all accessibility requirements under OSSC chapter I 1 and ANSI 117,1-2003, e) The requirements of the Fire Department shall be satisfactorily addressed, including approved addressing; fire apparatus access including angle of approach, necessary easement, and review of any obstructions such as fences or gates; fire flow; fire hydrant distance, spacing, flow and clearance; fire department connection; and a "Knox Box" key boa. Fire Department requirements shall be itlcluded on the engineered constrttetioll documents. If a fire protection vault is required, the vault shrill not be located in the sidewalk corridor. f} That the sidewalks along the Lithia Way frontage of each lot shall be widened by two feet to comply with current width standards, inspected for installation according to the approved plans and approved by the Staff Advisor, as proposed by the applicants. 8) That the applicants shall look into leaving the gated portion of the pedestrian casement/access sway through the building open for as large a portion of the day as possible. I . i' October 9 2012 Planning Commission Approval Date i PA 112012-01122 October 9, 2012 Page 21 i PA-2012-01122 391E09BA11200 PA-2012-01122 391E09BA11101 PA-2012-01122 391E09BA70002 116'C' STREET INC 141 LITHIA WAY LLC 145 MAIN STREET LLC 1510 WOODLAND DRIVE PO BOX 1018 24 CROCKER ST ASHLAND, OR 97520 ASHLAND, OR. 97520 ASHLAND, OR 97520 PA-2012-01122 391 E09BD3900 PA-2012-01122 391 E09BA12600 PA-2012-01122 391 E09BA11900 ASHLAND LODGE #94416 P 0 E BARNHILL BRENDA BERMAN SANDRA P 0 BOX 569 PO BOX 1372 162 N PIONEER ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2012-01122 39IE09BA12100 PA-2012-01122 391E09BA10300 PA-2012-01122 391E09BA9600 BROOKS GERALD LIDOROTHY C BROWN ERIK/NORTH JAMIE BROWN WILLARD L TRUSTEE ET 136 B ST 15 FIRST ST N 630 LEONARD ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2012-01122 391 E09BA5300 PA-2012-01122 391 E09BA9800 PA-2012-01122 391 E09BD4500 CHESTER GENE R CORNITIUS LLC CRATER NATL BANK OF MEDFORD 249 B ST 1355 CORA LN PO BOX 810490 ASHLAND, OR 97520 AUBURN, CA 95603 DALLAS, TX 75381 PA-2012-01122 391E09BA10800 PA-2012-01122 391E09BA11100 PA-2012-01122 39IE09BA15000 DRRAM LP EAST MAIN COMMERCIAL. LLC FIRST PLACE PARTNERS LLC 4100 NEWPORT PL 400 515 E MAIN ST 815 ALDER CREEK DR NEWPORT BEACH, CA 92660 ASHLAND, OR 97520 MEDFORD, OR 97504 PA-2012-01122 391 E09BA11201 PA-2012-01122 391 E09BA9400 PA-2012-01122 391 E09BA12700 HAMMOND FAMILY LLC HARTEL DIANA HOUSER THOMAS JIWILSON CHERYL 125 E MAIN ST 159 N SECOND ST 185 B ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2012-01122 391 E09BA12300 PA-2012-01122 391 E09BA9500 PA-2012-01122 391 E09BA5500 HUFF JAYNE DUTRAIGORDON C JORDAN CLAUDINE W JUALVEST LLC 124 S WABASH AVE 153 N SECOND ST 64 THIRD ST GLENDORA, CA 91741 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2012-01122 391 E09BA10301 PA-2012-01122 391 E09BA10600 PA-2012-01122 391 E09BAl2000M J D KENNEDY KATHERINE M TRUSTEE KEY BANK OF OREGON JAMESTOWN 132 GREENWAY CIR PO BOX 560807 180 N PIONEER MEDFORD, OR 97504 DALLAS, TX 73556 ASHLAND, OR 97520 PA-2012-01122 391E09BA12800 PA-2012-01122 391EO98A11800 PA-2012-01122 391E09BA11601 MARKS MICHAEL ANTHONY POTOCKI STAN PREMIERWEST BANK 417 CLIFF ST 836 VORIS AVE PO BOX 40 ST JOHNSBURG, VT 05819 ASHLAND, OR 97520 MEDFORD, OR 97501 PA-2012-01122 39IE09BA80001 PA-2012-01122 391E09BA12900 PA-2012-01122 391E09BA5400 REMINGTON ENTERPRISES INC ROYLE HOWARD A SCHNITZER LEE ELLIOT 645 HOLLY ST P 0 BOX 751 2560 N VALLEY VIEW RD ASHLAND, OR 97520 CANYONVILLE, OR 97417 ASHLAND, OR 97520 I PA-2012-01122 391 E09BA9700 PA-2012-01122 391 E09BA11400 PA-2012-01122 391 E09BA12400 SCHULTZ & ASSOCIATES INC SINGH SUKHDEV SPIERINGS K A TRUSTEE FBO PO BOX 863 984 NEWCASTLE ST PO BOX 1315 ASHLAND, OR 97520 MEDFORD, OR 97501 PHOENIX, OR 97535 PA-2012-01122 391 E09BA12200 PA-2012-01122 391 E09BA10900 PA-2012-01122 391E09BA11300 STEWART MARILYN M TEITELBAUM ALBERT TRUSTEE THOMPSON BRENT TRUSTEE ET AL 142 B ST 2310 QUAIL POINT CIR P 0 BOX 201 ASHLAND, OR 97520 MEDFORD, OR 97504 ASHLAND, OR 97520 PA-2012-01122 391E09BA9900 PA-2012-01122 391E09BA5700 PA-2012-01122 391E09BA10400 UNITED STATES POSTAL SERV VAN HEUIT KATHLEEN R YAMAOKA RONALDICARRIE 8055 E TUFTS AVE 400 PO BOX 94 2422 33RD AVE DENVER, CO 80237 NAHCOTTA, WA 98637 SAN FRANCISCO, CA 94116 PA-2012-01122 PA-2012-01122 PA-2012-01122 GALBRAITH & ASSOCIATES POLARIS LAND SURVEY THORNTON ENGINEERING 318 S GRAPE STREET P.O. BOX 459 1238 DISK DRIVE, SUITE 1 MEDFORD, OR 97501 ASHLAND, OR 97520 MEDFORD, OR 97501 PA-2012-01122 PA-2012-01122 PA-2012-01122 KISTLER, SMALL & WHITE URBAN DEVELOPMENT SERVICES KATHERINE SPIERINGS 545 A STREET 485 W, NEVADA STREET 2240 CAMP BAKER RD ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501 PA-2012-01122 PA-2012-01122 PA-2012-01122 STAN POTOCKI THOMAS GUEVARA JR RVTD PO BOX 217 ODOT REGION 3 ATTN; PAIGE TOWNSEND ASHLAND, OR 97520 3500 NW STEWART PKWY 3200 CRATER LAKE AVE ROSEBURG, OR 97470 MEDFORD, OR 97504 PA-2012-01122 175 LITHIA WAY RVCOG 10{10112 NOD ATTN; VICKI GUARINO PO BOX 3275 49 CENTRAL POINT, OR 97502 i i i i i E I € CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES September 11, 2012 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Michael Dawkins Maria Harris, Planning Manager Richard Kaplan Derek Severson, Associate Planner Pam Marsh April Lucas, Administrative Supervisor Debbie Miller Melanie Mindlin Absent Members: Council Liaison: Troy J. Brown, Jr, Dennis Slattery, absent Eric Heesacker ANNOUCEMENTS Commissioner Marsh announced the Dignity Village presentation will be held Wednesday, September 19, 2012 at 6:30 p.m. at Wesley Hall, 175 N. Main Street. CONSENT AGENDA A. Approval of Minutes 1. August 14, 2012 Regular Meeting Commissioners Kaplan i Dawkins mts to approve the Consent Agenda. Voice Vote: All AYES. Motion passed 5.0. PUBLIC FORUM E . No one came forward to speak. l UNFINISHED BUSINESS A. Approval of Findings for PA-2012.00981, 541 Strawberry Lane/48 Westwood Street. 'i Ex Parte Contact No ex parte contact was reported. Commissioners Marsh I Kaplan mis to approve the Findings for Planning Action 2012.00981. Roll Cali Vote: Commissioners Miller, Dawkins, Marsh, Kaplan, and Mindlin, YES. Motion passed 5.0. TYPE II PUBLIC HEARING A. 'PLANNING ACTION:` PA-2012.01122 SUBJECT PROPERTIES: 175 Lithla Way APPLICANTS:. First Place Partners DESCRIPTION: A request for preliminary plat approval of a six-lot subdivision for the four vacant properties located at 165.175 Lithla Way, at the corner of Lithla Way and. First Street. Also included is a request for Site Review approval to. construct a three-story 18,511 square foot mixed-use building with a basement consisting of commercial and residential space on the first floor and residential space on the`second and third floors. An Exception to the Site Design and Use Standards' Downtown Design Standards (VI-B-3) is also proposed to allow Ashland Planning Commission September 11, 2012 Page 1 of 4 i r for recessed balconies on,the front of the building, COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 391 E 09BA; TAX LOTS: 10100, 11601,11701 and 15000. Commissioner Mindlin read aloud the public hearing procedures for land use hearings. Ex Parte Contact All members indicated they are familiar with the site; no ex parte contact was reported. Staff Report Associate Planner Derek Severson explained the request before the Commission.is for preliminary plat approval of a six-lot subdivision including five.building lots and a sixth open space/common area lot; site review approval to construct a three-story 18;577 sq.f , mixed-used building with basement parking, commercial and residential on.first floor, residential on the second and third floors, and an exception to the Downtown Design Standards to allow balconies on the Lithia Way facade, Mr. Severson called attention to the eight-lot subdivision approved for this site in 2007-2008, and a subsequent approval to combine two of the lots and construct a.mixed use building. Following this approval a fair amount of site work occurred, including the demolition of the existing buildings and the installation of the majority of the infrastructure, however the approval expired before construction of the mixed-use building could be initiated. Mr. Severson stated the current request is largely similar to the previous application. The differences include: 1) reducing the number of lots facing Lith!a Way from five. down to three, 2) removing the plaza area. from the front of. the building, and 3) increasing the residential component to 10 units. Mr. Severson clarified an exception to the Downtown Standards for the small, recessed balconies was requested and approved under the previous application. Mr. Severson briefly outlined the proposed site plan and highlighted several elements of the application, including the plaza space area, the walkway connection from First Street, the affordable unit proposed for the first floor, and the.addifional two feet o. sidewalk to be installed along the front of the site. Mr. Severson went on to say staff is recommending approval with the conditions as proposed. Questions of Staff Mr. Severson commented on the code section that speaks to balconies. He stated the desire for downtown. properties is to have a strong storefront presence with buildings. placed. at the back of.the sidewalk, and having second or third stories. that are significantly recessed back can degrade the sense of enclosure that is desired. He explained the exception criteria allows for sma11 balconies since the bulk of the facade remains at the zero setback, and noted the Historic Commission reviewed this application and felt the small balconies worked well on this building. Comment was made questioning what would happen if Lot 2 is not development, and whether the City could come back and require the applicant to make the side of the building facing Lot 2 more attractive. Mr. Severson stated to his knowledge the City has never gone back and asked an applicant to change their building after it has been approved and built, and stated the i applicant intends on placing a building on Lot 2 sometime in the near future. i Concern was raised about the nightly closure of the walkway through the building. Mr. Severson stated the applicant's have indicated the nightly closure is for security reasons, and the applicants can speak to this when they come forward. j i Mr. Severson restated the elements of this application and also commented briefly on the plaza/open space area proposed for j the site. Applicant's Presentation Mark Knox, John Galbraith, Jerome White and Randy Jones/Mr. Knox addressed the Commission and stated this project is a re-do. He stated in many ways it is the same, but there are a few areas where it has been improved upon. He called attention to thechanges.in the City Code since their last approval which required them to alter the design, including moving the building up 8 ft., expanding the sidewalk width by 2 ft., and shifting the plaza area from the front of the building to the side, Mr. Knox went on to comment on the recessed balconies and the exception language in the Code, and stated they believe they meet the intent of Sections 18.80 and 18.72. Regarding the walkway, Mr. Knox clarified this is enclosed in the proposed building and Ashland Planning Commission September 11, 2012 Page 2 of 4 E j there is an alternate walkway open.24f7 through the open space,area just 80 feet over. It was noted that the enclosed walkway Is also an emergency access from the building, and residents will be able to exit at the night when the walkway is secured. Mr. Knox noted they more than meet the plaza requirements, and stated they are proving an affordable unit even though it is not required at this time. Mr, Jones clarified the residential units will. be condos, not apartments; and Mr, White pointed out the locations of the Historic Commission's recommendations on the site plan, and stated they support the changes. Questions of the Applicant Mr. Knox install clarified the first floor windows are larger and wIl(be transparent so that people can see inside, Mr.. White added they may in slightly tinted windows on.the east side. Mr. Knox clarified this helps to reduce heat gain but you would still be able to see inside. Comment was made questioning if this applicant intends to build out all the lots. Mr. Jones answered he can't say whether they will build and own all five lots, however they certainly want to get this started. He added their intent, provided the level of i success with this first building, is to continue onto the next building and then the next. Comment was made questioning the affordable housing unit. Mr. Knox clarified. the Code states when you build more than 10 units, an affordable unit has to be provided, and they are right at 10. Mr. Jones added they want to build the affordable units as they go and not delay it. Public Testimony Katherine Spieringsl2240 Camp Baker Rd, Medford/Stated she is the owner of 164 B Street and commented on the problems associated with the interface between this commercial site and an older neighborhood.. She stated the.livability of the neighborhood is impacted by the Growers Market, the view of Wheels entering and exiting the parking lot, and littering. She stated the deterioration of the wooden fence is an additional problem and requested the fence be turned into a block wall. She stated she is in favor of this project, but would like the Planning Commission to address the neighbors' concerns for privacy. Ms. Spierings was asked to clarify her. request to,the Commission, Ms Spierings answered she would like a continuation of the block wall that exists on First Street, or something similar to stop people from pushing garbage into their yard and provide better screening. Stan PotockiiA fetter submitted by Mr. Potocki was read aloud by Commissioner Dawkins. (See attached Exhibit #2012-01) l . Applicant's. Rebuttal Mark Knox/Stated recessed balconies are permitted under the exception criteria and noted this only applies to the front of the building. He stated the residential housing will be a benefit to the area as the residents will provide extra eyes on the street. Mr. Knox noted they are not applying for a conditional use permit and everything they have proposed meets the standards. Regarding the concerns raised by the neighbors, Mr. Knox stated the City should work to create a transitional zone and perhaps allow for higher fence heights, but stated the applicant is not able to correct this issue. Commissioner Mindlin closed the hearing and the record at 8:10 p.m. Questions of Staff Commissioner Kaplan asked staff for clarification regarding Mr. Potacki's letter, which states the City would not change his zoning, and asked how this relates to the approval criteria for this project. Staff clarified Mr. Potacki's issues do not relate to the criteria. E Commissioner Marsh asked staff to comment on the fence on the northern part of the property. Staff indicated it is unclear whether the fence is on the subject property or the adjacent residential property, and depending where it sits there are different height allowances. Commissioner Mindlin reopened the public hearing so the applicants could speak to the fence question. Ashland Planning Commission September 91, 2092 Page 3 of 4 Mr. Jones stated they are willing to maintain.the fence if it is on their property and stated they want to be good neighbors and work with the property owners to. find a solution that is acceptable to everyone. He called attention to the dense hedge that is listed on the plans that will get 30 fee..t.deep and provide additional screening. Mr, Jones added the City currently leases this property and are suppose to police it, and once their project is built and they have residents and commercial tenants, their on site management will be able to address these issues. Commissioner Mindffn re-closed the hearing and the record Deliberations' and Decision Commissioners Marsh l Kaplan mfs to approve Planning Action #2012-01122 with the affordable housing condition put forward by staff and to direct staff to wordsmith a condition regarding landscape maintenance and screening of the fence at the north property line, DISCUSSION: Commissioner Marsh stated they reviewed and approved this project once before and believes it. has gotten better. She added she would like to put forward. an amendment after the rest of the group shares their comments..Commissioner Kaplan voiced his support for the project and believes the issues regarding the site boundary and the homes will improve by having this complex built and properly managed. Commissioner Dawkins stated he will vote in favor of this motion but would have preferred smaller units for people to live and work downtown. Commissioners. Marsh f saws Miller m/s to amend the motion to require the walkway to remain open at all hours. DISCUSSION: Staff clarified this walkway is inside the building.` Commissioner Dawkins stated he did not know. this and withdrew his second. Commissioner Miller agreed to second the motion. Commissioner Marsh stated the walkway is within the building, but not within the functional part of the building; and brought attention to the.Masonic Walkway which remains open all the time. Planning Manager Maria Harris read aloud the pedestrian access and circulation standards,that apply to this. project. Commissioner Kaplan stated he does not suppod.putting this requirement on the applicant. He stated security of the building is important, however encouraged the,applicants to minimize the number of hours it is closed. Commissioner Dawkins agreed and stated it is within the owner's rights to figure this out. Commissioner Marsh withdrew her motion. Commissioner Marsh l Miller mis to amend the original motion to.include a condition that asks the owners to look at leaving the gateway open for the most possible number of hours. Roll Call Vote: Commissioners Marsh, Miller, Mindlin, and Kaplan, YES. Commissioner Dawkins, NO. Motion passed 4-1. Roll Call Vote. on original motion as amended: Commissioners Miller, Dawkins, Marsh, Kaplan and Mindlin, YES. Motion passed 5.0. ADJOURNMENT Meeting adjourned at 8:45 p.m. ! i I i Ashland Planning Commission September 11, 2012 Page 4 of 4 Planning Commission Speaker Request Form 1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to speak about. 2) Speak to the Planning Commission from the table podium tnicroplione. 3) State your name and address for the record. 4) Litnit your comments to the amount of time given to you by the Chair, usually 5 nnimites. 5) If you present written materials, please give a copy to the Secretary for the record. b) You may give written comments to the Secretary for the record if you do not wish to speak. 7) Speakers are solely responsible for the content of their public statement. f Name (please print)_._ Address (tto '.O. Box) #.~Y. Phone" fc r ' I tttitil° f{ ' i > 1 i1 i. I - t Tonight's Meeting Date r~ 4 Regular Meeting Agenda item nutmbet OR Topic for public forum (non agenda item) Land Use Public Heating For: Against: Challenge for Conflict of Interest or Bias If you are challenging a member (plarnring conunissioncr) with a conflict of interest or bias, please write your allegation cornplete with supporting facts on this form and deliver it to the clerk immediately. The Chair will address the written challenge with the mernber. Please be r'espectfid of the proceeding and do not interrupt. You may also provide testimony about the challenge when you testify during the normal order of proceedings. Written CornmentslChalleage: The Public Meeting Lmv requires that all city rueetiugs are open to the public. Oregon ktrv does not ahvq)ryY require that the public be perruitted to speak. T17e Ashlcnrd Plarurirtg Corrvrtissiort gerter-ally invites the public to .speak on agenda iterrrs and dttring public_foruin on non-agenda items unless tinle cortstrairrts lirttii public iesiirrtorty. ATo person has art absolute r•igltt io speak or, participate irr every phase of a proceeding. Please respect the order ofpr•oceedirtgs for: public hearings and strictly follow the directions of the presiding officer. Behavior or actions irhich are unreasonably loud or disruptive are disresliectful, and may eortstitute disorderly conduct. Offenders still be requested to leave the room, Conunents and statements by speakers do not represent the opinion of the City Cotttrcil, City Officers or employees or the City of Ashland. 09106/2012 10:22 5414826- VRC PAGE 01104 P.O. BOX 217 Rio A9hland, OR 97520 Phase: (5 Q1} 4&2 S$86 Fax: (541} 482-6882 Faic To.. Derek Severson Prom: Stan Potooki Pax; 541-552-2050 Data. 916112 Re: 175 Livia Way project Pages 4 i E 1 3 Vii) 09/06/2012 10:22 54148268'' VRC PAGE 02/04 r September 4, 2012 City of Ashland Planning ComaAssion City of Ashland 51 Winbum Way Ashland, OR 97520 Planning Action 2012-01122 Subject property: 175 Lithia Way Issue: Opposition to exception to project, and to exception to the site design and use standards' downtown designing standards (VI-B-3) Tax lots 10100, 11601 t5000 Greetim-'s, My name is Stan Potocki. My business partner and I own 150 N. Pioneer Street, a designated R-2 property, which borders on the proposed new project at 175 Lithia Way. I am writing in order to oppose the project and also specifically to oppose the exception to the site design and use standards downtown design, standards involving recessed balconies, First, we do not believe recessed balconies are warranted and are not in keeping with established downtown design standards in this commercial area. I do not believe that the design fits in with the historic neighborhood. We therefore oppose and request that this not be approved. If approved, we plan on appeal. E I have a number of other concerns which I will now outline, In the criteria outlined involving the "exception to the site design and use standards" (18.72.090), it is noted that approval of an exce0on "will not substantially negatively impact adjacent properties." Our property, 150 N. Pioneer Street will be further negatively impacted which is another basis for opposing this. E I will first briefly address background issues regarding that matter followed by further specifics. Our property has been very negatively impacted by the City of Ashland parking lot which is irm-nadiately adjacent. We were accommodating at the time it was constructed approximately 20 years ago, We worked with the City of Ashland on what amounted to a "good faith" basis. However, the City of Ashland has not followed through with multiple assurances to revisit zoning in the area for our affected property. We are essentially an R-2 island in the sea of commercial development. We have ovaied the property for approximately the past 23 years and witnessed a strong ongoing further cornnnemi.al trend, The City of. Ashland previously commissioned very comprehensive studies indepexidently which recommended rezoning of the area including our property to more of a mixed lase blend of both commercial and residential use. 09/06/2012 10:22 54148268' VRC RAGE 08/04 The previous City of Ashland planning director specifically advised me that he planned on redesignating our property in a new "C-2 or C-3" zoning whicb, would allow for both combined residential and commercial uses. However, the City of Ashland has not followed through at all regarding that matter nor with implementing any of the previous studies which the City of Ashland commissioned. The planning department bas acknowledged on many occasions that it should take place. There v►as previously a residential home located next to our property (where the parking lot exists). That hoarse was moved to make way for the new parking lot. We did not oppose, as noted, at the time as we instead chose to work with the city on a "good faith" basis over 20 years ago. However, good faith has been a one way street. Our rentals are located literally several feet from the parking lot. We have bad renters move out specifically because of the intrusion of the parking lot and what it brings. I will objectively outline some of the specific negative impacts. Clearly these will only be exacerbated by further development immediately adjacent to the parking lot (i.e., the proposed 175 LitMa. Way development) which borders our, property. Incidents and ongoing issues from having commercial parking and development immediately next to our ".residential" property include the following: i Car alarms which go off on an. ongoing basis at all hour's of the day and night (several feet literally from our "residential" property) for both brief periods of time and also for much longer periods of time; ® Ongoing remote control loud beeps from patrons of the parking lot checking aad double checking to see if their car is indeed locked; a Beer bottles and other trash thrown over the fence from the parking lot on a regular basis; • Togs left un cars by patron of the parking lot which sometimes bark incessantly; ® Homeless people sleeping on the other side of the fence in the busbas, jumping the fence, and attempting to enter the buildings on our property; Vandalism with drunken people frorn the bars and parking lot literally attempting to pound open our doors and uproot patio furniture in the late hours of the night; ® Out renters making a decision to move due to having their doors banged on in the middle of the night ; ® Driveway access being blocked by parked vehicles on the street obstructing access. These ,ire simply some of the issues which have arisen. Further commercial development and exceptions Nvill clearly only negatively impact what is currently mistakenly zoned a purely residential use for our property. 2 09/06/2012 10:22 54148268'" VRC PAGE 04104 Finally, on an entirely separate issue, pedestrian traffic i.$ very heavy at the intersection of Lithia Vijay and north First Street. Any further commercial development warrants a traffic light at that intersection for safety for pedestrians. There would otherwise be repeated crosswalk use with no safety for crossing the street for pedestrians as there would be much. further Extensive foot traffic beyond what it already is. Sincerely, Stan Po tocki sp$city of Ashlau:d 090412 3 - f is 7;-tt ~11 1 r = I sue`-Ag t O O C O w U1 O i C j i ~ r r ~I~j I I L N O O I Il. itd yII~'9 1 - -a L = 3 Y vi !I ) - ] _,__JS - ~I`I pprGi 1 i m f0 N O .fl lII N 3 N '0 V ILp ~ i N~ O C U ~£i ( ~ I I I O f6 p~ f6 f6 'N O p) I n.. - :I I X (n to N 1 30 N •r- i L O O I~' ! I I ~O f6 y, O U Ud t^'~ o o o ~•oU fiv - _ - _ r f6 t O O) N ~I s-' i d~I IIIIG 1 C O Nii v=~-aQ ''I li III. fly oFn o__o~~~~~ •L V Q Xj Q) 0 Q) f- w O O ~ v I~ - - - a 1 r. . L - o to ZZ em® e~-aeO~G u®6aj® `puelgs slepole J IJBIXE L - Goeld Isai=l N O aSe9 GIGI0000 ~aaua~ ~ou8 ~ - j W -77 - ~ laaua~ ~o!~g .r s'I Al - - „V til£ V / sbug!ejj ig `logjv 's6u!unny - `aanbjeW Ie;aW N VVI N PelZ) 'wnlV ,zn z t _ - i - A _ - 5uidoo eja as I W ~4S L 9 w JaIsel,a;uauaaO - i 6u!uany senue0 / Hem aIPP!W ae W ~a;seld ~uaiua~ 6u!gsel~ 1'la~Y~ - s Planning Department, 51 Winburn w,ay, Ashland, Oregon 97520 C i T Y 0 IF LIP 541-488-5305 Fax: 541-552-2050 www.ashjand.or.us TTY: 1-800-735-2900 AS H LAN PLANNING ACTION: 2092-09922 SUBJECT PROPERTY: 975 LJthia Way OWNERIAPPLICANT: First Place Partners DESCRIPTION: A request for preliminary plat approval of a six-lot subdivision for the four vacant properties located at 185.175 Lithia Way, at the corner of Lithia Way and First Street. Also included is a request for Site Review approval to construct a three-story 98,577 square foot mixed-use building with a basement consisting of commercial and residential space on the first floor and residential space on the second and third floors. An Exception to the Site Design and Use Standards' Downtown Design Standards (VI-B-3) is also proposed to allow for recessed balconies on the front of the building. COMPREHENSIVE PLAN DESIGNA TION: Commercial, ZONING: C-1. ASSESSOR'S MAP: 391E 09BA TAX LOTS: 90100, 11801, 99701 and 95000. NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, September 6, 2012 at 6:00 p.m. in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way. NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday, September 5, 2012 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. ASHLAND PLANNING COMMISSION MEETING: September 11, 2012 at 7800 PM, Ashland Civic Center _Zp Liz 1 f I I,- - - - - - - PA #2012-01122 4 175 LI-r"IA WAY i~ sLJ8JECT PROPT£< 7 +^oper3y tines ara,~or r-a,J~+ranae only, not aoataab[a F' Notice Is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION on meeting date shown above. The meeting will be at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion, Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for Inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request, The Chair shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria, Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. In compliance with the American with Disabilities Act, if you need special assistance to participate In this meeting, please contact the City Administrator's office at 541.488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title 1). If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division, 541-488-5305. G'.lcamm•dev5planningtiPlanning AclioneV\oticing Foide&Nfailed Notices & 5-sgnQ012U012-01122.doe SITE DESIGN AND USE STANDARDS 18.72.070 Criteria for Approval The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met., C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property, All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. EXCEPTION TO THE SITE DESIGN AND USE STANDARDS 18.72.090 An exception to the requirements of this chapter may be granted with respect to the requirements of the Site Design Standards adopted under section 18.72.080 if, on the basis of the application, investigation and evidence submitted, all of the following circumstances are found to exist: A. There is a demonstrable difficulty in meeting the specific requirements of the Site Design and Use Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Design and Use Standards; and the exception requested is the minimum which would alleviate the difficulty; or B, There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Design and Use Standards. (Ord 3054, amended 12{1612011) SUBDIVISION CRITERIA 18,80,040 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, 8, 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 comers, and monuments, j 2. Location and direction of all watercourses and areas subject to flooding. j 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 black numbers, for all lots and blocks. 4, Sites, if any, allocated for purposes other than single family dwellings. 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 unsubdivlded 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 unsubdivlded 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. 1. 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 therefor, 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 piat 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. (ORD 2052, 1979) QkommAnVianningThnningActinnsWoticingFoldeMfalledNotices&Signs1201212012-01122.doc ASHLAND PLANNING DEPARTMEw r STAFF REPORT September 11, 2012 PLANNING ACTION: PA-2012-01122 APPLICANT: First Place Partners LOCATION: 175 Lithia Way ZONE DESIGNATION: C-1 COMPREHENSIVE PLAN DESIGNATION: Commercial APPLICATION DEEMED COMPLETE; August 31, 2012 120-DAY TIME LIMIT: December 29, 2012 ORDINANCE REFERENCE: 18.32 C-1 Retail Commercial District 18.61 Tree Pi eseri ation and Protection 18.72 Site Design and Use Standards 18.80 Subdivisions 18.88 Performance Standards Options 18.92 Parking, Access and Circulation REQUEST: A request for preliminary plat approval for a six-lot subdivision of the four vacant properties located at 175 Lithia Way, at the corner of Lithia Way and First Street. Also included is a request for Site Review approval to construct a three-story 18,577 square foot mixed-use building with a basement consisting of basement parking, commercial and residential space on the first floor and residential space on the second and third floors. An Exception to the Site Design and Use Standards' Downtown Design Standards (VI-B-3) is also proposed to allow for recessed balconies on the front of the building. I. Relevant Facts A. Background - History of Application In January of 2009, Planning Action #2009-00090 was administratively approved granting an 18-month extension to the Site Review approval and Subdivision modifications from Planning Action 42007-01939. While a substantial portion of the subdivision's infrastructure was installed under this extension, there were outstanding conditions of approval that were not addressed. The plat was never recorded, and both the Site Review and Subdivision approvals ultimately expired. The parking lot, part of the infrastructure that Planning Action 2012-01122 Ashland Planning Division - Staff ReportAds Applicant: First Place Partners/Urban Development Services/Conflitti Page 1 of 25 was installed, was subsequently leased by the city and has proviaG"t additional public parking in the downtown since 2008. In June of 2008, Planning Action #2008-00766 was approved by the Planning Commission granting a Conditional Use Permit to allow the operation of a 25-vendor outdoor farmers' market on Saturdays from May through November in a portion of the existing parking lot. The market operated on the subject property until the property reverted to bank ownership in 2011, at which time the market moved to its current location on Oak Street. In January of 2008, Planning Action #2007-01939 was approved by the Planning Commission granting Site Review approval to construct a 16,246 three-story mixed use building consisting of basement parking, commercial and office uses on the first and second floors, and four residential condominiums on the third floor. This application also included a modification of the subdivision approval to allow the consolidation of two lots and an Exception to the Site Design and Use Standards' Downtown- Design Standards (VI-B-3) to allow for recessed balconies on the front of the building. In February 2007, Planning Action #2007-00091 was approved by the Planning Commission to allow subdivision of the subject property into eight lots and granting Site Review approval for the proposed parking lot and associated landscaping. A Tree Removal Permit was also included to remove four trees. In January 2007, a request to divide the property into eight lots utilizing the Performance Standards Options Chapter as Planning Action #2006-02357 was heard at a public hearing before the Planning Commission. During the initial portion of that hearing, questions were raised about the applicability of the Performance Standards Options Chapter to commercial properties. The applicants subsequently withdrew this application. In September of 2005, the Planning Commission denied a request for Site Review approval, an Administrative Variance to Ashland's Site Design and Use Standards, and a Tree Removal Permit for a mixed use commercial and residential development consisting of 14,826 square feet of retail and office space and 41 residential units in two three-story mixed- use buildings and six row houses. This previous proposal was commonly referred to as "Northlight." In June 1991, the Planning Commission approved a request for an extension of a previously approved Site Review to allow for modifications to the existing retail lumber sales structure at 165 Lithia Way (PA91-084). In June 1990, the Planning Commission approved a request for a Site Review to allow for modifications to the existing retail lumber sales structure at 165 Lithia Way (PA90-147). In May 1989, the Planning Commission approved a request for Conditional Use Permit for outdoor storage for the property located at the corner of Lithia Way and North Pioneer Streets (PA89-082). There are no other planning actions of record for this site. Planning Action 2012-01122 Ashland Planning Division - Staff FRoport.dds Applicant First Place PartnerslUrban Development ServiceslConflilii Page 2 of 25 i B. Detailed Description of the Site and Proposal 1. The Project Site The project site is located at the northwest corner of Lithia Way and First Street and currently encompasses approximately 63,064 square feet or approximately 1.44 acres. The site currently consists of four tax lots. An existing public parking lot adjoins the property to the west, while the historic Railroad District residential neighborhood is situated immediately north of the site. The U.S. Post Office site is located across First Street to the east; and a variety of commercial businesses are situated to the south across Lithia Way. The subject property is irregularly shaped, with roughly 300 feet of frontage on Lithia Way and 315 feet of frontage on First Street. The property slopes approximately three percent down to the north, although there are some more steeply sloped areas near the center of the site where cuts were made to install the driveway and parking lot improvements. The site has no significant natural features, consisting largely of the existing paved parking lot, with the remainder in gravel. The site is zoned Commercial (C-1) and is located partly in the Ashland Downtown Historic District and partly with the Ashland Railroad Addition Historic District. In addition, the property is located within both the Downtown Design Standards Overlay and the Detail Site Review Zone, however the site is located outside the Downtown Commercial (C-1-D) zoning district and as such off-street parking must be provided for all proposed uses of the property. The site previously received subdivision approval in 2007 subsequent to which a large portion of the subdivision infrastructure was installed, buildings associated with the previous uses of the site (Copeland Lumber and Tempest Court) were demolished, paving.of the driveway and parking areas were completed, and sidewalks were installed on both frontages. However, because the full improvements required for the subdivision were not completed, the subdivision approval ultimately expired without a final plat being recorded. The parking lot portion of the site has been leased by the city and used for public parking since 2008. 2. Subdivision Preliminary Plat Proposal The applicants propose to subdivide the site's 1.44 acres to create six lots, with the lot containing the existing parking being reserved in common ownership. Three of the proposed lots would front on Lithia Way and would be between 6,002 and 8,460 square feet in area. Two lots would front on First Street, with Lot 4 at 3,038 square feet and Lot 5 at 2,142 square feet. The common area lot is proposed to front on both Lithia Way and First Street, and is intended to accommodate surface parking, ingress and egress points, open space, a i Planning Action 2012.01122 Ashland Planning Division - Staff Report,dds Applicant, First Place PartnersfUrban Development Services/Conflitti Page 3 of 25 bio-swale, drainage, and pedestrian circulation. The currently proposal is generally to reactivate the previous Subdivision and Site Review approvals, with the primary change being that where the previous approval identified five proposed lots fronting on Lithia Way the current request now has only three lots along this frontage. 3. Site Review Proposal The applicants are requesting Site Review approval to construct an 18,577 square foot, three-story mixed-use building consisting of underground parking in the basement, commercial and residential space on the first floor, and residential space on the second and third floors, as well as review of the parking lot and associated landscaping. With minor exceptions, the building is largely the same as that which was previously approved colder Planning Action 42007-01939. 4. Exception to the Site Design and Use Standards Finally, the application includes a request for an Exception to the Downtown Design Standards #Vi-B-3, which states, "Recessed or pf•ojecting balconies, verandas ot- other usable space above the ground leu,el on existing and neu, buildings shall not be incorporated in a stt-eet facing elevation." The application proposes recessed balconies on the front fagade of the building. II. Project Impact The application requests Preliminary Plat approval under the standard subdivision code (AMC 18.80) and the proposed building is located within the Downtown Design Standards Zone and exceeds 2,500 square feet. Both of these factors require a Type 11 procedure, with the application to be considered by the full Planning Commission through a public hearing process. A. Subdivision Proposal i The current application involves the completion of a subdivision of the property which began with Planning Action #2007-00091. That application included the creation of eight lots and the installation of parking, landscaping, and necessary services to facilitate development of the site. The bulk of the improvements were completed and infrastructure installed subsequent to that 2007 approval, with a few items left outstanding and the final plat never recorded. The applicants in the current request propose to complete the remaining improvements and infrastructure, but would create only six lots, and would commence development of the site with a three-story, mixed use building on Lot #1 discussed below. Planning Action 2012-01122 Ashland Planning Division - Staff Report.dds Applicant: First Place Partners/Urban Development Services/Conflitti Page 4 of 25 E The remaining lots proposed to be created would each be subject to a separate Site Review application to ensure compliance with all applicable standards of the C-1 Commercial Zoning District and Site Design and Use Standards for Basic Site Review, Detail Site Review, Downtown Design Standards, and Historic District Development. The existing site is vacant, lacking any buildings or significant natural features as the previous Copeland lumberyard and Tempest Court office park buildings were demolished and the site's tree removed with the 2007 approval. The scope of review for the current proposal involves the evaluation of the public and private improvements associated with the proposed development, including the lot layouts and utility services to be provided for sewer, water, electric, stormwater, and paved access which have been installed and those which rernain to be installed to ensure compliance with the requirements of the Subdivision Chapter, as well as consideration of the Site Review requirements and applicable regulations for the Retail Commercial zoning district to complete development of the site and construction of the first proposed building. 1. Streets The subject property has frontage on two existing fully-unproved city streets: Lithia Way, an arterial and state highway, and First Street, a neighborhood street. Both frontages were fully improved with sidewalks, curbs, gutters and paving installed under the 2007 approval, however all of the street trees and five additional street. lights remain to be installed to complete the frontage improvements. Strect capacity was considered during all earlier 2005 application ("Northlight") and it was determined that the adjacent street system had adequate capacity to serve the Commercial-residential project proposed at that time. No new streets are identified within the current Transportation System Plan's inventor' of needed transportation system improvements in this vicinity, and no new streets are being proposed by the applicant as part of this application. In addition, the Oregon Department of Transportation (ODOT) has reviewed the proposal and found that the project does not adversely impact the state's transportation facility and therefore the proposed land use action does not trigger ODOT review under the Transportation Planning Rule. To facilitate the placement of parking behind flit u•e buildings, minimize the number of curb cuts, and limit access to the lesser-order frontage street, the applicants propose to take vehicular access to the site from First Street. Two curb cuts on Lithia Way and once curb cut on First Street were closed under the 2007 approval. The proposal includes a public access easement through the common parking area behind the buildings to provide connectivity with the existing city parking lot to the west and out to Pioneer Street. The existing public sidewalks along the project perimeter on botli Lithia Way and -First Street were widened as part of the last, now-expired subdivision application. Planning Action 2012-01122 Ashland Planning Division Staff Report.dds Applicant: First Place Partne€stUrban Development ServiceslConflitti Page 5 of 25 t The Lithia Way pedestrian corridor was improved to Boulevard/Arterial standards for the downtown, which required a minimum of a 12-foot improvement width, with a four-foot commercial hardscape parka-ow containing tree wells between the curb and sidewalk, and a minimum of an eight-foot wide sidewalk. These width requirements were subsequently increased, and now call for a five-foot hardscape tree well and a ten-foot wide sidewalk; the original sidewalk installation included a five-foot tree well however the sidewalk was installed at a width of eight feet where ten is now required. The applicants propose to add the remaining two feet of sidewalks on each lots' frontage in conjunction with development of each lot. Five pedestrian-scale streetlights were installed around the perimeter frontage of the property as part of the 2007 approval, and an additional five lights are required to be installed with the current request to bring the site into line with current city street light standards. Conditions have been recommended below to require completion of street tree and street light installation prior to signature of the final survey plat, and widening of the sidewalks along each lot's frontage in conjunction with development of the lot. 2. Easements A utility plan has been provided to identify the routing of utility lines, and the applicants have indicated that all necessary easements will be identified on the final survey plat, and several conditions have been suggested below to address the required easements. There are no watercourses on the site which would require casements. 3. Lots The C-1 Retail Commercial zoning district has no lot area, width, coverage, or yard requirements except as necessary to provide for parking and solar access, or where abutting a residential district which requires that a ten-foot side yard and a ten feet per story rear yard be maintained. Building heights are limited to 40 feet. The building envelopes for the proposed lots provide for more than the required setback between the proposed building sites and the adjacent residential neighborhood to the north. All buildings will be subject to the typical solar access requirement for commercial projects and held to a Class B solar standard as part of their Site Review approvals. Building heights will also be verified for compliance with standards at the time of Site Review approval. Each of the proposed lots has at least 40 feet of frontage upon a public street. i 4. Lot Grading i A preliminary grading plan has been provided along with a landscape planting plan to demonstrate compliance with the grading standards in the Subdivisions chapter, and the application reiterates that these standards will be met. Planning Action 2012-01122 Ashland Planning Division Staff Reportdds Applicant: First Place Partnersiftan Development Services[Conflitli Page 6 of 25 S. Large Lot Subdivision A "Large Lot Subdivisions" provision is included in the Subdivisions chapter to address the potential that large lots might be created which would be subdivided further at a later date. In this instance, the application notes that the five proposed developable lots are not intended to be further divided although the previously approved subdivision demonstrated that additional lots could be created while complying with applicable standards. 6. Land For Public Purposes The Ordinance allows the Planning Commission to reserve land for a period of one year for public acquisition if the City knows of plans by the State Highway Commission, School District, or other public agency to acquire a portion of the area within the proposed subdivision for public purposes. No such plans for acquisition of a portion of the site came forth in the review of the previous applications, none have been raised subsequently, and the site is not identified in the adopted Parks and Open Space Plan. 7. Landscaping The proposal provides two open space areas, a bio-swale feature and easements to increase pedestrian connectivity through the site. The proposed open space nearest to the adjacent city parking lot will provide a buffer should the city choose to develop that lot in the future. The overall landscape coverage proposed for the site will meet the requirements of the ordinance, and will remedy the previous situation with the Copeland Lumberyard and Tempest Court office park where virtually the entire site was covered in impervious surfaces. 8. Exceptions Large Scale Development The Subdivisions chapter provides for modifications to the standards and requirements if the subdivision proposed comprises a complete neighborhood, a large scale shopping center, or a planned industrial site. None of these types of development are proposed here, and no exceptions have been requested. 9. Preliminary Plat requirements The applicants note that they have submitted the required eight copies of their I preliminary plat proposal prepared by a registered surveyor for the review and approval of the Public Works Director and the Planning Commission. The general information and existing conditions have been delineated as required, Planning Action 24112-01122 Ashland Planning Division-Staff Report.dds Applicant: First Place Partners[Urban Development ServlceslConflitli Page 7 of 25 10. Final Plat requirements A condition of approval has been recommended below to require that the applicants provide the necessary final plat submittal within 12 months, as required in the Subdivisions chapter. 11. Improvements The project site and all proposed lots have direct frontage on two existing fully- improved streets, and no new streets have been proposed with this application. Access to parking serving the proposed lots will be directly from First Street and from Pioneer Street through the adjacent city parking lot. Two curb cuts on Lithia Way, an arterial street and state highway, and one curb cut on First Street were removed with the infrastructure installation for the previously-approved, now-expired subdivision. Existing and proposed public facilities and utilities necessary to service the project have been identified oil a preliminary utility plan and discussed in the applicants' narrative. Existing and proposed upgrades include: ® Three-phase electrical service is available to the project site, and the Electric Department has indicated that there is adequate power available to serve the development. Some electric infrastructure was extended with tine 2007 approval, and the application notes that completion of the transformers necessary to serve the site and proposed building will be extended with completion of the current proposal. The Electric Department has also requested that the applicants' final electric service plans also address any impact to existing primary electric lines running along the back of proposed Lots #1, 2 and 3 that might result from the installation of underground parking, including either deepening or relocation the primary. Existing four-inch water mains are available in both Lithia Way and First Streets, and a new eight-inch water line was extended to provide a connection to B Street as part of the 2007 subdivision improvements. Four-inch laterals were extended to each of the individual lots with the 2007 subdivision work. • A six-inch sewer line in First Street was upgraded to eight-inches to serve the project as part of the 2007 subdivision improvements. ® A private 12-inch storm drain line was installed on site, and a new 12-inch public storm drain line was installed in First Street to convey stormwater run- off from the site to the existing storm drain line at B and First Streets as part of the 2007 subdivision improvements. With completion of the current request, 17 percent of the site is proposed to be landscaped, reducing run-off from the site, which was until the 2007 subdivision improvements entirely coverd witlh pavement and buildings, and a bio-swale is to be installed to allow for on-site detention and filtration of stormwater before it enters the city storm sewer system. ® Paved access is provided directly from First Street, and to Pioneer Street via an easement through the existing City of Ashland public parking lot. With Planning Action 2012-01122 Ashland Planning Division -Staff Report.dds Applicant: First Place Partners/Urban Development ServiceslConiiitti Page 8 of 25 1 the 2007 subdivision approval's sitework, two curb cuts were removed from Lithia Way, and one from First Street in order to comply with city and state requirements for controlled access. As part of the 2007 subdivision improvements, the existing public sidewalks along the project perimeter on both Lithia Way and First Street were reconstructed. The Lithia Way pedestrian corridor was improved to Boulevard/Arterial standards which required a minimum of 12 feet in improvement width; the installed improvements include a five-foot commercial hardscape parkrow with tree wells between the curb and sidewalk and an eight-foot wide sidexvalk. Five pedestrian-scaled streetlights were also installed according to the City of Ashland's historic/commercial streetlight standard. Since the previous approval, city sidewalk standards have been changed to require a 15-foot pedestrian corridor on Lithia Way. The applicants propose to widen sidewalks to these new standards with development of the site along the frontage of each lot as it develops, and street trees, tree grates, irrigation and five additional streetlights are to be installed to comply with downtown streetlight spacing requirements. a An existing transit shelter is already in place along Lithia Way, between Second and First Streets. s An Owners' Association will be formed and CC&R's provided prior to signature of the final survey plat to ensure adequate maintenance provisions are in place for the proposed common area. B. Site Review Proposal 1. Requirements of the C-1, Commercial Zoning District The project proposes a in ix of residential and general offices uses. The office uses are a permitted use in the Retail Commercial (C-1) district, and residential units are a special permitted use in the district. C-1 zoning regulations require a minimum of 65 percent of the gross floor area of the ground floor of the building be used for permitted or special permitted uses. The proposal designates 65 percent of the ground floor as commercial space, with the remainder of the ground floor and the second and third floors dedicated to accommodating ten residential units, including one required affordable unit. As part of the proposal, the applicants would retain the overall 43-unit residential density of the subject property with ten units allocated to the currently proposed building on Lot #1 and the remaining 33 unit density to be allocated as the remaining lots develop through the Site Review process. The applicants similarly propose to allocate the available surface parking between the individual lots. The application notes that there are currently 48 surface spaces in place, with six additional spaces proposed to be added with the current request and an addition two on-street parking credits available along the First Street frontage of lots #4 and #5 for a total of 56 spaces. The application identifies 27 spaces as required Planning Action 2012-01122 Ashland Planning Division -Staff Report Ads Applicant: First Place Partners/Urban Development Services/Conflitti Page 9 of 25 for the proposed building on Lot #1. 16 of the 56 available surface spaces are proposed to be allocated to Lot ##1, with the remaining spaces to be provided with 12 proposed spaces in an underground garage beneath the building. Lithia & First Subdivision Proposed Allocations by Lot Lot Number Parking Spaces Lot Number Residentiai Units Lot 1 16 Lot 1 10 Lot 2 16 Lot 2 TBD Lot 3 10 Lot 3 TBD Lot 4 7 Lot 4 TBD Lot 5 8 Lot 5 TBD TOTAL AVAILABLE 56 TOTAL AVAILABLE 43 The C-1 zoning district does not require standard setbacks from property lines unless a parcel abuts a residential zoning district. In this case, the subject parcel is entirely surrounding by other parcels within the subdivision, including common area, with commercial zoning and while standard setbacks are not required the proposed building is approximately 80 feet from residential properties to the rear. Given its frontage on Lithia Way, the property is subject to the Arterial Setback requirements of AMC 15.68.050. These requirements call for a setback which is the lesser of 20 feet or the width necessary to install standard sidewalk and parkrow improvements. In this case, city standard sidewalks were installed along the frontage in conjunction with the previous (now-expired) 2007 subdivision approval, and the sidewalk width standard has been increased. The applicants propose to install addition sidewalk along the frontage in conjunction with development of each lot to comply with this standard. The proposed building height of 40 feet, averaged based on the finished grade on all four elevations, is the maximum height permitted in the C-1 zone. The landscaping plan provided identifies 15 percent of the site as included in landscaped areas in addition to required seven percent landscaping for the parking area, for a total of 17 percent landscaping, which exceeds the 15 percent requirement for the C-1 district. Bicycle Parking (AMC 18.92. Bicycle parking requirements call for at least one bicycle parking space to be provided for every five automobile parking spaces, with filly percent of these spaces to be covered, and that additional covered bicycle parking spaces be covered to provide bicycle parking for each residential unit. For the 56 surface automobile parking spaces proposed, at least 12 bicycle parking spaces are required to be provided in addition to those spaces necessary for the residential units which the applicants propose to address in individual basement storage areas provided for each unit. As proposed, the application identifies what appear to be five bicycle racks in the plaza space to the west of Lot # 1 and three racks adj acent to the walkway north of Lot #5. Bight racks would provide 16 bicycle parking spaces, exceeding the amount required for the surface parking, but at least six of the required spaces must be I covered, and a condition to this effect is recommended below. Planning Action 2012M122 Ashland Pianning Division - Staff Repod.dds Applicant: First Place Partners/Urban Development ServiceslConfiitti Page 10 of 25 ~ f Parking Area Design (AMC 18.92,080,6) Subsequent to the installation of the parking lot for the development approved in 2007, new "Parking Area Design" standards" have been adopted in AMC 18.92.080.B. These standards require: o That parking lots with 50 or more spaces be divided into separate areas with building placement, landscape areas with walkways at least ten feet in width, plazas, and streets or driveways with street-like features including raised sidewalk of at least five feet in width, six-inch curbs, accessible curb ramps, street trees in planters or tree wells and pedestrian-oriented lighting. ® Design parking lots and other hard surface areas in a way that captures and treats runoff with landscaped medians and swales, ® That the adverse environmental and microclimatic impacts of surface parking be minimized through design and material selection. Parking areas of more than seven parking spaces are to use at least one of the following strategies for surface parking, or put 50 percent of the parking underground: o Use light-colored paving materials with a high solar reflectance (i.e. a Solar Reflective Index (SRI) of at least 29) to reduce heat absorption for a minimum of 50 percent of the parking area surface. o Provide porous solid surfacing or an open grid pavement system that is at least 50 percent pervious for a minimum of 50 percent of the parking area surface. o Provide at least 50 percent shade from tree canopy over the parking area surface within five years of project occupancy. o Provide at least 50 percent shade from solar energy generating carports, canopies or trellis structures over the parking area surface. In considering the existing parking area in light of these standards, staff believes that a finding could be made that the parking lot was subject to Site Review approval in conjunction with the 2007 subdivision approval, was installed according to this approval, accepted by the city and subsequently leased for use as public parking, and as such is considered to comply with the standards in place at the time it was constructed. However, it also appears that the parking lot is divided into separate areas with a street-like driveway and landscaping, that a bio-swale is to be installed to address parking lot drainage, and that the numerous parking lot trees to be installed will provide at least 50 percent canopy coverage for the parking area, meeting the new standard. Pedestrian Access & Circulation (AMC 18.92.090) New standards for pedestrian access and circulation have also come into play since the 2007 subdivision approval, requiring that a continuous walkway system be provided in developments to connect all phases of the proposal and provide links to existing or planned sidewalks, trails, parks or open space areas with safe, direct and convenient connections between primary entrances and public streets. Planning Action 2012-01122 Ashland Planning Division - Staff ReportAds Applicant: First Place Partners/Urban Development Services[Conflitti Page 11 of 25 I The previously approved site configuration included a pedestrian walkway from the northeast corner of the property, from First Street through the landscaping area and its bio-swale, through the parking lot and between future buildings on Lots 1 and 2. This pedestrian walkway, which the original application suggests is comparable to the Old Masonic walkway between the Ashland Plaza and Calle Guanajuato, provides a connection to a similar walkway adjacent to the Jasmine Building across the street that connects to a series of similar segments all the way to Hargadine Street above the parking structure. The portion of the walkway extending between the buildings on Lots 1 and 2 will be closed at night when the businesses in the adjacent buildings are closed. The walkway provides a materially distinct connection from First Street, through the parking lot, past the rear of fiuture buildings oil Lots 5 and 6 and connects to a concrete sidewalk at the wear of Lots 1, 2 and 3 which continues on to provide a connection to the adjacent city parking lot and out to Lithia Way through proposed plaza space. Pedestrian scale lighting will be provided, and in staffs view this pedestrian circulation system can be found to satisfy the requirements of the new circulation requirements. 2. Requirements of the Site Review Chapter {AMC 18.72} In keeping with the requirements of the Site Review Chapter, the application materials provided identify both the required 15 percent landscaping and seven percent parking lot landscaping to be installed with the project, and that an irrigation system will be installed that is a low volume, fully automatic design. The application further notes that for those lots that are undeveloped, the building pads will be seeded with a low-water use wildflower mix and maintained in a weed-free condition. The application notes that required trash and recycling facilities will be provided within the building's basement, and that lights will be selected and placed to avoid direct illumination of adjacent residential properties. Conditions to ensure that these items are installed and maintained according to standards have been recommended below. 3. Site Design and Use Standards The subject property lies within the Detail Site Review Zone, the Downtown Design Standards Zone, and the Downtown and Railroad historic districts. As a result, the application is subject to the Basic Site Review Standards for Commercial Development, Detail Site Review Standards, Downtown Design Standards and Historic District Design Standards. Additionally, because the proposed building is greater than 10,000 square feet in size and is located within the Detail Site Review Zone, the development is also subject to the Additional Standards for Large Scale Projects. i The proposed building design appears to meet the Basic Site Review Standards. The building's orientation is to Lithia Way. Streetseape and landscape amenities are being provided in conformance with the Standards. Parking and circulation are placed behind the building, and requisite parking lot landscaping and screening are Planning Action 2012-01122 Ashland Planning Division - Staff Report,dds Applicant, First Place Pariners/Urban Development ServicestConflitti Page 12 of 25 detailed in the plans provided. The application recognizes the requirements to address noise and glare, and notes that noise will be within limits typical of the permitted use and will not exceed standards, and that lighting will be provided in the form of under-canopy lights, strategically placed wall lights, and pedestrian scale bollard lighting designed to comply with standards to minimize glare. The Detailed Site Design Standards also appear to be fully addressed. The project is subject to meeting a .50 Floor Area Ratio (FAR), and the application explains that with the proposed building on Lot #1 and plaza space the FAR for the full site will already be at .3 8. The application notes that with development of the remaining lots only as single story buildings, the site would be at a .69 FAR and that with the likelihood of multi-story buildings an FAR of .95 is more likely, A condition has been recommended below that the requisite shadow plan illustrating compliance with the FAR standard be provided prior to signature of the final plat or issuance of the fast building permit. The building face incorporates many windows as well as a covered entry and horizontal canopies to provide pedestrians with protection from the elements. The building's mass is divided into three vertical bays as viewed from Lithia Way, with the entrance centered in the middle bay and emphasized with a large marquee, and the second story window treatment provides larger vertical windows adding emphasis to the central bay over the entry. Plaza areas and pedestrian walkways are to be treated in scored, colored concrete to clearly designate "people areas" of the site, and the proposed building is to be set directly behind the sidewalk. Perimeter landscaping is to be provided around the site, and a six-foot eight-inch cinder block wall is in place to screen adjacent residential uses to the northeast. The proposed building is also placed nearly 80 feet from the nearest residential property line. The building is subject to Large Scale Design Standards, as the floor area is greater than 10,000 square feet. The proposed building's mass is divided into three vertical bays, and marquees and awnings are provided to provide pedestrians with protection from the elements and relate the building to a more human scale, The third floor is treated in cement plaster rather than the brick of the first two floors which tends to downplay the building's height and mass. Recessed balconies are provided at either end of the upper floor, and tend to break up the building's mass and stagger the streetscape appearance. At 18,532 square feet of floor area, neither the building's footprint nor its floor area exceeds the 45,000 square foot limit within the Downtown Design Standards Zone. The Large Scale requirements call for one square foot of plaza or public space to be provided for every 10 square feet of gross floor area. In this case the floor area is 18,532 square feet, requiring 1853 square feet of public space. When the common area is considered with Lot 41, the applicants propose to provide a total of 5,044 square feet of plaza space to address the plaza space requirements for the proposed building, as well as for any other buildings on the parent parcel that are developed subject to the Large Scale standards. Public or plaza space is required to contain at least four of the six element identified in the standards. In this case, the applicants have chosen to incorporate seating space, sunlight and shade areas, protection from wind, trees, and outdoor eating areas. The application Planning Action 2012-01122 Ashland Planning Division - Staff ReporLdds Applicant; First Place Padners/Urban Development Services[Conflitt! Page 13 of 25 also notes that while no opportunities for public art have been identified as yet, the applicants are open to dialogue with the Public Arts Commission as the project develops ffirther. The property is also subject to the Parking Lot Landscaping and Screening Standards. The application notes that to comply with these standards, parking areas will be screened from adjacent rights-of-way with landscaping and building placement, and that landscape buffers and screening will be provided for properties abutting the rear of the site. The requisite seven percent landscaping is to be provided for the parking area, and a landscape plan has been provided. Three trees per seven parking spaces are proposed, substantially more than the one tree per seven spaces required in the standards. Other than the Exception requested to allow two small balconies on Lithia (discussed beloNv), the building design also complies with the Downtown Design Standards. The applicants have proposed a multi-story, downtown-style building. The building extends from side lot line to side lot line placed at the back of the sidewalk, and incorporates large street-level windows and transparent doors. The building incorporates horizontal and vertical rhytluns through divisions on the facade as required by the standards, The upper floor windows are vertical. The building incorporates an architectural base, as is typical in historic buildings in the area. The roof is flat, with a parapet and includes a cornice. The frontage of the building is primarily brick, with cement plaster on the upper floor. While the north side of Lithia Way is presently entirely vacant for the block between Pioneer and First Streets, the proposed building design is in keeping with the height, scale, massing, setbacks, roof forms, and rhythm of openings typical of the opposite side of the street and sought in the Historic District and Downtown Design Standards. The Historic Commission reviewed a very similar Site Review proposal in 2009, making a number of recommendations for the design of the building and recommending that it be approved. However as this staff report is being prepared the Commission has not yet reviewed the current application, and as such, a condition has been recommended below to make the recommendations of the Historic Commission's September 2012 meeting conditions of approval. 4. Adequacy of Public Facilities The bulk of the necessary public facilities and utilities to serve the project were installed under the 2007 approval, with the remaining installations to be completed prior to signature of the final survey plat for the current application. Existing and proposed upgrades include: Three-phase electrical service is available to the project site, and the Electric Department has indicated that there is adequate power available to serve the development. Some electric infrastructure was extended with the 2007 approval, and the application notes that completion of the transformers necessary to serve the site and proposed building will be extended with Planning Action 2012-01122 Ashland Planning Division Staff Report.dds Applicant First Race Padners[Urban Development Services/Conflitti Page 14 of 25 completion of the current proposal. The Electric Department has also requested that the applicants' final electric service plans also address any impact to existing primary electric lines running along the back of proposed Lots #1, 2 and 3 that might result from the installation of underground parking, including either deepening or relocation the primary. • Existing four-inch water mains are available in both Lithia Way and First Streets, and a new eight-inch water line was extended to provide a connection to B Street as part of the 2007 subdivision improvements. Four-inch laterals were extended to each of the individual lots with the 2007 subdivision work, • A six-inch sewer line in First Street was upgraded to eight-inches to serve the project as part of the 2007 subdivision improvements. • A private 12-inch storm drain line was installed on site, and a new 12-inch public storm drain line was installed in First Street to convey stormwater run- off from the site to the existing storm drain line at B and First Streets as part of the 2007 subdivision improvements. With completion of the current request, 17 percent of the site is proposed to be landscaped, reducing run-off from the site, which was until the 2007 subdivision improvements entirely coverd with pavement and buildings, and a bio-swale is to be installed to allow for on-site detention and filtration of stormwater before it enters the city storm sewer system. • Paved access is provided directly from First Street, and to Pioneer Street via an easement through the existing City of Ashland public parking lot. With the 2007 subdivision approval's sitework, two curb cuts were removed from Lithia Way, and one from First Street in order to comply with city and state requirements for controlled access. • As part of the 2007 subdivision improvements, the existing public sidewalks along the project perimeter on both Lithia Way and First Street were widened. The Lithia Way pedestrian corridor was improved to Boulevard/Arterial standards which required a minimum of 12 feet in improvement width. A five-foot commercial hardscape parkrow with tree wells between the curb and sidewalk and an eight-foot wide sidewalk were installed. Five pedestrian-scaled streetlights were also installed according to the City of Ashland's historic/commercial streetlight standard. Since the previous approval, city sidewalk standards have been changed to require a 15- foot pedestrian corridor on Lithia Way. The applicants propose to widen sidewalks to these new standards with development of the site along the frontage of each lot as it develops, and street trees, tree grates, irrigation and five additional streetlights are to be installed to comply with downtown streetlight spacing requirements. • There is an existing transit shelter located along Lithia Way, between First and Second Streets. As discussed above, water, sewer, paved access to and through the development site, electricity, urban storm drainage and adequate transportation to and through the subject property can and will be provided, with all site utilities either upgraded under the 2007 approval or to be completed with the current proposal; vehicular access provided from Planning Action 2012-01122 Ashland Planning Division - Staff Report.dds Applicant: First Place PartnerslUrban Development ServicestConflitti Page 15 of 25 i i existing firlly-improved streets; sidewalks widened to meet current street standards and casements provided to increase vehicular and pedestrian connectivity to and through the site. C. Exception to the Site Design and Use Standards Finally, the application includes a request for an Exception to the Downtown Design Standards #VI-13-3, which states, "Recessed or projecting balconies, verandas or Other usable space above the ground level on existing and new buildings shall not be incorporated in a street facing elevation." The application proposes two small, recessed balconies on the front fagade of the building. These balconies have a depth of approximately five feet, six inches and an area of approximately 70 square feet each. The application notes that in previous approval 42007-01939 both the Historic Commission and the Plamiing Commission found that similar proposed balconies were acceptable because they broke up the mass of the building and created a more staggered streetscape appearance in keeping with the intent of the standards, similar to the balcony on the Jasmine Building across Lithia Way. The applicants contend that the balconies enhance the architectural character of the project, and that they provide a small opportunity for the tenants of the building to have outdoor space for occasional outdoor dining or recreation to enhance the experience of urban living. The applicants conclude that they believe the best illustration of the type of flexibility they are requesting is found in Illustration 911 of the Downtown Design Standards (see below) which shows a small recessed balcony and notes that it does not dramatically deviate from the downtown's existing context, and that it maintains the majority of the illustrated building's fasj Ode at a zero setback, as an example of an appropriate Exception. In staff's view, findings could be made that there is a demonstrable difficulty in building to urban densities in the downtown environment while trying to at the same time provide some measure of functional outdoor space for residents. The balconies proposed, which are only approximately five-and-a-half feet deep and 70 square feet in area, help to break up the mass of the building and provide a staggered streetscape in keeping with standards and demonstrated to be effective on the nearby Jasmine Building. These balconies are at a near minimum dimension to provide for functional outdoor residents, and seem to be in keeping with the "small recessed balcony (which) does not dramatically deviate from the downtown's existing context - the majority of the fagade is at a zero setback" as shown in the illustration below, taken directly from the Downtown Design Standards. Planning Action 2612-01122 Ashland Planning Division Staff RepolAds Applicant: First Place Partners/Urban Development Services/Conflitli Page 16 of 25 E zuo cetfa_Y- 04 6,tA rece.s, JWa Vd"s W-, drkn tsul.r a tasty 5e~ira a--,late ham tFt d, ew A"o 's ai 6tt4 r t-v -tY; y. evil I Td'~IL}~Gr G'e fdCAt51! i'. d l!fV Klbdct 1 - ro:cvaf _ - - I - n:u5onc h'.a rg facaia hyi~ a TLbacE 'FCr,snTal 2a,7 YLIS~81 fhySM''6 P''r,~e 6~aotry ~ 0.E#Y3T~ATE041t (Nits Frc£'d} a*,ac.af MI.SfY9-POQ:i3ta ExCEFT6N 0E3:G4 111. Procedural P Required Burden of Proof The criteria for Preliminary Plat approval are described in 18.80.040 as follows: 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. Planning Action 2012-01422 Ashland Planning Division - Staff Report.dds Applicant: First Place Partners/Man Development ServiceslConflitti Page 17 of 25 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. 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. 1. 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 preliminaryplat as submitted or as it maybe 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, Planning Action 2012-01122 Ashland Planning Division - Staff Report.dds Applicant; First Place Partners/Urban Development Sorvices/Conflitti Page 18 of 25 describing conditions. One (1) copy shall be returned to the subdivider and the other retained by the Planning Commission. (Ord. 2052, 1979) The criteria for Site Review approval are described AMC 18.72.070 as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 1$.88, Performance Standards Options. (Ord. 2655, 1991; Ord 2836 S6, 1999) The criteria for an Exception to the Downtown Design Standards are described in Section VI•K of "Site Design and Use Standards" as follows: 1. There is a demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site, an existing structure or proposed use of the site; 2. There is demonstrable evidence that the alternative design accomplishes the purpose of the Downtown Design Standards and Downtown Plan in a manner that is equal or superior to a project designed pursuant to this standard or historical precedent (illustration: Recommend 11). 3. The exception requested is the minimum necessary to alleviate the difficulty of meeting the Downtown Design Standards. IV. Conclusions and Recommendations In staff's assessment, the request satisfies the relevant approval criteria for Subdivision, Site Review, and Exception to the Downtown Design Standards. The site layout, landscaping and building design address the applicable requirements and standards for Site Review approval. Given that the request is largely identical to previous approvals granted for the site, but now expired, staff believes that the proposal is relatively straightforward and that perhaps the key clements in this review lie first in determining if any ordinance changes since the previous approval world alter the requirements applicable to the request, and second in assessing the subdivision requirements in light of previously installed infrastructure to determine what remains to be done before the subdivision can be finalized. Approval of the request would result in a large, prominent downtown site which stalled midway through development, and which has languished for nearly five years, to develop with landscaping to a degree beyond that required by city standards, including the planting of Planning Action 2012-01122 Ashland Planning Division - Staff Reporl.dds Applicant: First Place Partners/Urban Development ServicesiConflitti Page 19 of 25 i 30 new trees and 17 new street trees, while providing increased vehicular and pedestrian connectivity, aesthetic improvements, and a reduction in stormwater run-off further supplemented by the applicants' providing a bio-swale feature to detain and filter stormwater on the site before it enters city systems. The applicants will provide parking, landscaping, and associated improvements as common area, with deed restrictions to insure on-going maintenance, while allowing the proposed lots to develop under individual Site Review approvals in keeping with the historic development pattern of the downtown. The first proposed building considered here would provide ten residential emits (including one affordable unit) that could inject new vitality into the Lithia Way corridor while at the same time providing for a smooth transition between the intense commercial uses of the downtown and the less intense, residential character of the adjacent Railroad District. Staff is supportive of the request, and believes that with the conditions recommended below it addresses the ordinance requirements for a six-lot Subdivision, Site Review approval, and an Exception to the Downtown Design Standards. Should the Planning Commission concur, staff would recommend that these conditions be attached to the approval: 1. That all proposals of the applicant are conditions of approval unless otherwise modified herein, including but not limited to that lots not actively being constructed will be treated with a wildflower mix and generally maintained ill a weed-free condition. 2. That a final survey plat shal l be submitted to the city for review within 12 months of this approval. 3. The windows on the ground floor of the proposed building shall not be tinted so as to prevent views from outside of the building into the interior of the building, and the entrances adjacent to Lithia Way and the plaza space shall shall remain functional and open to the public during all business hours. 4. That prior to tree removal, site work, storage of materials or building permit issuance, tree identification and protection measures shall installed, inspected and approved on site by the Staff Advisor through a Tree Verification Permit. Tree Verification for this application is limited to identification of the two trees to be removed. 5. That prior to the signature of the final survey plat: a) All easements for sewer, water, electricity, drainage, public access, public pedestrian access, and fire apparatus access shall be shown on the final survey plat as required by the City of Ashland Engineering Division. The 22-foot public access easement extending from First Street to the existing city parking lot shall be identified as fire apparatus access on the final survey plat. b) The applicant shall submit a final electric distribution and lay-out plan including load calculations and locations of all primary and secondary services including transformers, cabinets and all other necessary equipment to be installed and installed with the initial subdivision infrastructure in 2007- 2008. In the event that the proposed construction of underground parking impacts the city's existing underground primary electric lines, the plan shall address necessary measures to deepen or relocate these lines. This plan must be reviewed and approved by the Public Works, Engineering, Electric, Planning Action 2012-01122 Ashland Planning Division - Staff iReport,dds Applicant: First Place PartnersAIrban Developrnent Services/Conflitti Page 20 of 25 { Building and Planning Departments prior to signature of the final survey plat. Transformers and cabinets shall be located in areas least visible from streets, while considering the access needs of the Electric Department. C) Final utility, grading and drainage plans for the subdivision shall be reviewed and approved by the Engineering, Building and Planning Divisions prior to signature of the final survey plat. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. d) A final grading plan shall be submitted indicating the direction of flow ' of all surface flows in the development, including those onto and off of adjoining properties. Site grading shall be designed to provide positive drainage away from all buildings and structures except those designed to withstand flooding in accordance with the building code standards for flood-proofing, Freeboard shall be specified on the grading plan. e) That the design of any necessary on-site storm water detention systems (i.e. bio-sNvales) and off site storm drain system improvements be reviewed and approved by the Public Works/Engineering Department and Staff Advisor prior to signature of the final survey plat. Post-development peak stormwater flows must not exceed pre-development levels. The permanent maintenance of on-site storm water detention systems must be addressed through tile obligations of the Owners' Association CC&R's and reviewed and approved by the Public Works, Building and Planning Divisions. f) That engineered construction drawings for remaining public sidewalk improvements along Lithia Way shall be submitted for review and approval of the Ashland Planning and Engineering Divisions, and the Oregon Department of Transportation prior to signature of the final survey plat, prior to work in the street right-of-way and prior to installation of improvements in the pedestrian corridor. These plans shall include street tree installation cross-sections. The Lithia Way pedestrian corridor is required to be a minimum of 15 feet in width, with a five-foot commercial hardscape parkrow with tree wells and grates between the curb and sidewalk and a minimum of a ten-foot wide sidewalk. Sidewalks installed outside of the existing right of way require that public pedestrian easements be provided or additional right- of-way dedicated. Pedestrian-scale streetlights shall consist of the City of Ashland's historic/commercial streetlight standard. g) That any necessary construction detouring on the sidewalk and Lithia Way shall be approved by the Oregon Department of Engineering and the Ashland Engineering Division prior to issuance ofpcrrnits or work in the right-of-way. h) That public pedestrian access easements or right-of-way dedications shall be granted for any proposed sidewalk improvements which extend beyond the existing Lithia Way or First Street rights-of-way. i) That the requirements of the Ashland Fire Department, including the installation of fire apparatus access and the use of an Ashland Fire and Rescue-approved method for nighttime closure of the private access easement between Lots 1 and 2, shall be clearly identified on the construction drawings Planning Action 2012-01122 Ashland Planning Division - Staff Report.dds Applicant: First Place PartnersfUrban Development ServicestConflitti Page 21 of 25 f and reviewed and approved by the Ashland Fire Department prior to issuance of a building permit or signature of the final survey plat, j) That revised Landscaping and Irrigation Plans shall be submitted for the review and approval of the Staff Advisor prior to the signature of the final survey plat. Revised plans shall incorporate recommendations of the Tree Commission's September 2012 meeting where consistent with the Site Design and Use Standards and with final approval of the Staff Advisor; shall take into account all electrical cabinets and transformer locations and any mechanical equipment in demonstrating that lot coverage requirements are adequately addressed; shall demonstrate that the required five-foot wide landscape screening strip is provided for the full northern boundary of the subject property; and shall include irrigation details to satisfy the requirements of Site Design and Use Standards' Water Conserving Landscaping Guidelines and Polices prior to signature of the final survey plat. k) All hardscape, landscaping, irrigation, parking, bicycle parking, walkways, sidewalks, street trees with street tree grates and irrigation, street lights and pedestrian scale on-site lighting, and the bio-swale, shall be installed according to approved plans, inspected, and approved prior to the signature of the final survey plat. 1) That the applicants shall pay any necessary utility service and connection fees that were previously paid for services and connections provided in conjunction with the installation of infrastructure for the previous 2007 subdivision approval. m) That a final copy of the CC&R's for the Owners' Association shall be provided for the review and approval of the Staff Advisor and the Public Works Director prior to the signature of the final survey plat. The CC&R's shall describe responsibility for the maintenance of all corrmlon areas including landscaping, bio-swale, driveways, parking and pathways. n) The five remaining street lights to be installed to comply with city street light placement standards for the downtown design standards zone shall be installed, inspected and approved by the Staff Advisor. The required pedestrian-scaled streetlights shall consist of the City of Ashland's historic commercial strectlight standard lights. o) That the inverted uu-rack shall be used for the bicycle parking and that all proposed bicycle parking within the common area shall be installed in accordance with the design, placement and coverage standards in AMC 18.92.040.1 and J prior to signature of the final survey plat, p) Prior to the signature of the final survey plat or issuance of the first building permit, the applicants shall provide a Floor Area Ratio (FAR) shadow plan as well as a chart detailing the allocation of available surface parking spaces, residential unit density, floor area ratio and plaza space between the five proposed lots, Site Review and building permit submittals for each lot shall provide demonstration of compliance with these allocations, including any modifications thereto I 6) That prior to the issuance of a building permit: Planning Action 2012-09122 Ashland Planning Division - Staff Report,dds Applicant; First Place PartnerstUrban Development Services/Conflitti Page 22 of 25 a) That the plans submitted for the building permit shall be in substantial conformance with those approved as part of this application, If the plans submitted for the building permit are not in substantial conformance with those approved as pact of this application, an application to modify this Site Review approval shall be submitted and approved prior to issuance of a building permit. b) The final plat for the subdivision shall be submitted and approved. All hardscape, landscaping, irrigation, packing, bicycle parking, walkways, sidewalks, street trees, street lights and pedestrian scale on-site lighting, and the bio-Swale, shall be installed according to approved plan, inspected, and approved prior to the signature of the final survey plat. C) The recommendations of the Historic Commission's September 2012 meeting, where consistent with applicable standards and with final approval by the Staff Advisor, shall be conditions of this approval and incorporated into the final building permit submittals. d) That a comprehensive sign program in accordance with the requirements of Chapter 18.96 shall be developed for the building and submitted for review and approval with the building permit submittals. That a sign permit shall be obtained prior to installation of new signage. Signage shall meet the requirements of Chapter 18.96. e) All private casements and public utility easements on the property shall be shown on the building permit submittals. f) A final drainage plan shall be submitted at the time of a building permit for review and approval by the Engineering, Building, and Planning Divisions. g) A final utility plan for the project shall be reviewed and approved by the Planning, Engineering, and Building Divisions prior to issuance of a building permit. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. h) The applicant submit a final electric design and distribution plan including load calculations and locations of all primary and secondary services including transformers, cabinets and all other necessary equipment, This plan must be reviewed and approved by the Electric Department prior to building permit submittals. Transformers and cabinets shall be located in areas least visible from the street, Nvhile considering the access needs of the Electric Department. i) That mechanical equipment shall be screened from view from Lithia way. Location and screening of mechanical equipment shall be detailed on the E building permit submittals. j) Exterior lighting shall be shown on the building permit submittals and appropriately shrouded so there is no direct illumination of surrounding properties. k) That the building materials and the exterior colors shall be identified in the building permit submittals, The information shall be consistent with the colors, texture, dimensions and shape of materials and building details Planning Action 2012-01122 Ashland Planning Division - Staff Report,dds Applicant: First Place Partners/Urban Development Services/Conflitti Page 23 of 25 i proposed and approved as part of the land use application, Exterior building colors shall be muted colors, as described in the application. Bright or neon paint colors shall not be used in accordance with II-C-201) of the Detail Site Review Standards. 1) Building permit submittals shall identify all required bicycle parking installations. Inverted a-racks shall be used for the bicycle parking, and the building permit submittals shall verify that the bicycle parking spacing and coverage requirements are met in accordance with 18.92.060.1 & J. III) Solar setback calculations demonstrating that all new construction complies with Solar Setback Standard B in the formula [(Height --16){(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifying the highest shadow producing point(s) and the height(s) from natural grade shall be included in building permit submittals, n) Prior to any work within the public rights-of-way, all necessary permits must be obtained from the Public Works/Engineering Department. Prior to the issuance of permits or commencement of any sitework in the Oregon Department of Transportation's (ODOT) right-of-way for Lithia Way, the applicant shall provide proof of also having obtained required permits from ODOT. The applicants shall maintain a vision clearance triangle which complies with ODOT and City of Ashland standards 7) That prior to the issuance of a certificate of occupancy: a) The landscaping and irrigation system shall be installed according to the approved plan., inspected and approved by the Staff Advisor. If, upon review of the submitted landscape and irrigation plans, any revisions to landscape plants or irrigation are required to conform to Section III of Site Design and Use Standards, they shall be incorporated into a revised landscape plan and submitted for review and approval of the Staff Advisor b) All bicycle parking shall be installed in accordance with design, placement, coverage and rack standards in 18,92.040.1 and J prior to the issuance of the certificate of occupancy. c) An opportunity to recycle site of equal or greater size than the solid waste receptacle shall be included in the trash enclosure in accordance with the Recycling Requirements of AMC 18.72.115.A. d) The requirements of the Building Department shall be satisfactorily addressed, including but not limited to that the mixes-use occupancy is required to be fire sprinkled according to Oregon Structural Specialty Code for R-2, S-2 and B occupancies, and that the site and structure are required to meet all accessibility requirements under OSSC chapter I 1 and ANSI 117.1- 2003. e) The requirements of the Fire Department shall be satisfactorily addressed, including approved addressing; fire apparatus access including angle of approach, necessary casement, and review of any obstructions such as fences or gates; fire flow; fire hydrant distance, spacing, flow and clearance; fire department connection; and a "Knox Box" key box. Fire Department I Planning Action 2012-01122 Ashland Planning Division - Staff Report.dds Applicant: First Place Partners/Urban Development Services/Conflitti Page 24 of 25 ~ i. requirements shall be included on the engineered construction documents. If a fire protection vault is required, the vault shall not be located in the sidewalk corridor, fj That the sidewalks along the Lithia Way frontage of each lot shall be widened by two feet to comply with current width standards, inspected for installation according to the approved plans and approved by the Staff Advisor, as proposed by the applicants, i l I i i Planning Action 2012-01122 Ashland Planning Division - Staff Report.dds Applicant: First Place Partners/Urban Development Services/Conflitti Page 25 of 25 E ASHLAND TREE COMMISSION PLANNING APPLICATION REVIEW COMMENT SHEET SEpmmbER 6, 2012 PLANNING ACTION: PA-2012-01122 SUBJECT PROPERTIES: 175 Lithia Way APPLICANTS: First Place Partners DESCRIPTION: A request for preliminary plat approval of a six-lot. subdivision for the four vacant properties located at 165-175 Lithia Way, at the corner of Lithia Way and First Street. Also included is a request for Site Review approval to construct a three-story. 18,577 square foot mixed-use building with a basements consisting of commercial and residential space on the first floor and residential space on the second and third floors. An Exception to the Site Design and Use Standards' Downtown Design Standards (VI-B-3) is also proposed to allow for recessed balconies on the front of the building. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1 ASSESSOR'S 1VIAP: 39 lE 09BA TAX LOTS: 10100, 11601, 11701 and 15000 Reconunendation: 1) The Tree Commission recommends approving the Landscape and Planting Plan as submitted. • III I I Department of ComMunity Development Tel: 5414188-5350 C I T Y ® F 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 -Y-vS 111149 LAN D -www-asliland.orms i HISTORIC COMMISSION Meeting of September 5, 2012 PLANNING APPLICATION REVIEW PLANNING ACTION: PA-2012-01122 SUBJECT PROPERTIES: 175 Lithia Way APPLICANTS: First Place Partners DESCRIPTION: A request for preliminary plat approval of a six-lot subdivision for the four vacant properties located at 165-175 Lithia Way, at the corner of Lithia Way and First Street. Also included is a request for Site Review approval to construct a three-story 18,577 square foot mixed-use building with a basement consisting of commercial and residential space on the first floor and residential space on the second and third floors. An Exception to the Site Design and Use Standards' Downtown Design Standards (VI-13-3) is also proposed to allow for recessed balconies on the front of the building. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1 ASSESSOR'S MAP: 39 1E 09BA TAX LOTS: 10100, 11601, 11701 and 15000 Recommendation to Planning Commission: Recommend approval of the proposed plans with the following design recommendations: 1) That the horizontal banding shall be continued around the rear (north) side of the building as presented by the project Architect. 2) That the column on the right side of the north elevation be removed as presented by the project Architect. i 3 i Department of Community Development Tel: 641A88-5365 20 East Main 5t. Fax, 541-552-2050 Ash#and, Oregon 97520 TTY: 800-735-2900 vrvrw.ashland.or.us ~r ch 70 ST jl 1 c -4 Y _C] W j - ~,4kg 4t s / ,40 e ate/ h r ~ J 1 ~ u r h y~, r 1`y ~ L, \ 1~ ~ 9.4 y '~3 t~\ 4 J as ~l~~' ^ .~4•} Z f - t3 f9 Y 4, ell "th IN l ft f+3 1 r~!d r'Y C k F . F 3 7=T7 t TS it Ls - Ln .S J 7 - 44 41 _ F f ~)rF ® : ~ t►I+rr joy ~ ~ ~ ! x sy~~ - ~ ~ ~ ~`x ' r }f ;r ~I ~PA ~ a,.- l J t 1 1- ' ~ 1; k #r q ~-~f y. CT 1 ~ ~ r r~-~ 4' Q - E AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On August 22, 2012 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list i under each person's name for Planning Action #2012-01122, 175 Lithia Way. Signa e of Employee i Woomm-dWplanningWorms & HandoutMffidatii of Mailing_Planning Adon Notice.doc { I 1r' _•_rJ•D _ y ~r ji i 1 IHFORA44TI014 TECHNOLOGY _1~•- - _ Map Maker 1rf 'S400 Application ifi7$1 - - _ Property Data Onlino Lo go ad C3 Highlighted Feature J, 116300 n y~•r r' J ; i # theBUlFer ! 1400 3700--, _ ~ theBufferTargal fi360 if 1 d 1'Wol r Tax Lot Outtlnes 1402 Tax Lot Rumhsrs ell i fr7iF{ - i 450 W01 f l f 1200 _ -._Y~LlF'1/"-". ~ ~~-i7~{F{!__ ' I~' .rs 1r I,~ li . -`j'e dt]~Ff 140 11 -1230 ifkil{b ! l ~l 3 3~{FU r 00-j$ _ +•i ; i22~'i,~~_ it~'~ ~~~i~~i.'~ ~I - --JI~~' 13 j 2400 F-.- _i~.i00',. - t23ii~ 7l~~ti ~ - I ~ I• 12400 iffFD ' 125, 0-' ~15tiF ii of = E- r r_ -i~~~ ~ 11$~}~. [tlif~Cr ~ a7f~3 -f 113 9G~Q1{} = J L _QUO MAUI 11101i113 -sop ;f•i iilfb- fr #t'iil ~I'1 _Rfu' NEE ~I 44 - !'i~ ~i -J Y f.V•11•,. - =~~71~ ~ +W4~+}s 'u q~- aim r 4400li' I Sl+ru'ff ' iT rY' i l 100 r' 440 1 420 I' 'm I r 520 F4 gam iQ!h_ r'157Uii,'4#! F i#~ 7.tllr `ii} iHi 'r r JACKSON r` f a7 6 fb!}I} i a COUNTY ,vg i 4 r e g o Z7 Ci i ski c i _ L+,,, 1~F;FtFVr This map is ba~e6 onadg+al c~ta6ase f3"1 s4'lFV . ~ x rifr~~l,r '=4{~fQ - , compk'ti hy,achson~nty Fromavariety iii' ' '1~1~ a , of sources. Jackson COmty caned axePl responsLly for srras, om'ss'am or ~ I_ `r, ,1~•. I r.-~~~~.~ postonal acaxacy. Fhem are no - - ~ xarrant~s, eipressed nr Imrred- Cmaled w1h h!aPMaker Map created an 8/21x2012 32735 PM us !19 wab pcFsarwo,~nly org Please rc y:le wrh c0ue6 oYCa grads paper i PA-2012-01122 391E09BA11200 PA-2012-01122 39IE09BAIIIOI PA-2012-01122 391E09BA70002 116 'C' STREET INC 141 LI`1'HIA WAY LLC 145 MAIN STREET LLC 1510 WOODLAND DRIVE PO BOX 1018 24 CROCKER ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2012-01122 391E09BD3900 PA-2012-01122 39IF-09BA12600 PA-2012-01122 391E09BA] 1900 ASHLAND LODGE #94418 P 0 E. BARNHILL BRENDA BERMAN SANDRA P O BOX 569 PO BOX 1372 162 N PIONEER ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2012-01122 391E09BA12100 PA-2012-01122 391E09BA10300 PA-2012-01122 391E09BA9600 BROOKS GERALD L/DOROTHY C BROWN ERIK/NORTH JAMIE BROWN WILLARD L TRUSTEE ET AL 136 B ST 15 FIRST ST N 630 LEONARD ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 i PA-2012-01122 391E09BA5300 PA-2012-01122 391 E09BA9800 PA-2012-01122 391E09BD4500 CHESTER GENE R CORNITIUS LLC CRATER NATL BANK OF MEDFORD 249 B ST 1355 CORA LN PO BOX 810490 ASHLAND, OR 97520 AUBURN, CA 95603 DALLAS, TX 75381 i PA-2012-01122 391E09BA10800 PA-2012-01122 39IE09BAIII00 PA-2012-01122 391E09BA15000 DRRAM LP EAST MAIN COMMERCIAL LLC ET AL FIRST PLACE PARTNERS LLC 4100 NEWPORT PL 400 515 E MAIN ST 815 ALDER CREEK DR NEWPORT BEACH, CA 92660 ASHLAND, OR 97520 MEDFORD, OR 97504 PA-2012-01122 391E09BA11201 PA-2012-01122 39IE09BA9400 PA-2012-01122 391E09BA12700 HAMMOND FAMILY LLC HARTEL DIANA MOUSER THOMAS J/WILSON CHERYL 125 E. MAIN ST 159 N SECOND ST 185 B ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2012-01122 391E09BA12300 PA-2012-01122 391E09BA9500 PA-2012-01122 391E09BA5500 HUFF JAYNE DUTRA/GORDON C JORDAN CLAUDINE W JUALVEST LLC 124 S WABASH AVE 153 N SECOND ST 64 THIRD ST GLENDORA, CA 91741 ASHLAND, OR 97520 ASHLAND, OR 97520 f PA-2012-01122 391E09BA10301 PA-2012-01122 391E09BAID600 PA-2012-01122 39IE09BA12000M J D KENNEDY KATHERINE M TRUSTEE KEY BANK OF OREGON JAMESTOWN 132 GREENWAY CIR PO BOX 560807 180 N PIONEER MEDFORD, OR 97504 DALLAS, TX 73556 ASHLAND, OR 97520 i PA-2012-01122 391E09BA12800 PA-2012-01122 391E09BA11800 PA-2012-01122 391E09BA11601 MARKS MICHAEL ANTHONY POTOCKI STAN PREMIERWEST BANK 417 CLIFF ST 836 VORIS AVE PO BOX 40 ST JOHNSBURG, VT 05819 ASHLAND, OR 97520 MEDFORD, OR 97501 PA-2012-01122 39IE09BA80001 PA-2012-01122 391E09BA12900 PA-2012-01122 391F09BA5400 REMINGTON ENTERPRISES INC ROYLE HOWARD A SCHNITZER LEE ELLIOT 645 HOLLY ST P 0 BOX 751 2560 N VALLEY VIEW RD ASHLAND, OR 97520 CANYONVILLE, OR 97417 ASHLAND,.OR 97520 PA-2012-01122 391E09BA9700 PA-2012-01122 391E09BA] 1400 PA-2012-01122 391E09BA12400 SCHULTZ & ASSOCIATES INC SINGI-I SUKHDEV SPIERINGS K A TRUSTEE FBO PO BOX 863 984 NEWCASTLE ST PO BOX 1315 ASHLAND, OR 97520 MEDFORD, OR 97501 PHOENIX, OR 97535 PA-2012-01122 39JE09BA12200 PA-2012-01122 391E09BA10900 PA-2012-01122 391E09BA11300 STEWART MARILYN M TEITELBAUM ALBERT TRUSTEE THOMPSON BRENT TRUSTEE ET AL 142 B ST 2310 QUAIL POINT CIR P O BOX 201 ASHLAND, OR 97520 MEDFORD, OR 97504 ASHLAND, OR 97520 PA-2012-01122 391E09BA9900 PA-2012-01122 391E09BA5700 PA-2012-01122 391E09BA10400 UNITED STATES POSTAL SERV VAN HEUIT KATHLEEN R YAMAOKA RONALD/CARRIE 8055 E TUFTS AVE 400 PO BOX 94 2422 331M AVE DENVER, CO 80237 NAHCOTTA, WA 98637 SAN FRANCISCO, CA 94116 PA-2012-01122 PA-2012-01122 PA-2012-01122 GALBRAITH & ASSOCIATES POLARIS LAND SURVEY THORNTON ENGINEERING 318 S GRAPE STREET P.O. BOX 459 1238 DISK DRIVE, SUITE I MEDFORD, OR 97501 ASHLAND, OR 97520 MEDFORD, OR 97501 PA-2012-01122 KISTLER, SMALL & WHITE PA-2012-01122 ~ 545 A STREET URBAN DEVELOPMENT SERVICES ~1N ASHLAND, OR 97520 485 W. NEVADA STREET G b `L ASHLAND, OR 97520 I h FIRST PLACE SUBDIVISION & SITE REVIEW PERMIT PROJECT DESCRIPTION & FINDINGS OF FACT 165 -175 LITHIA WAY i s ~ l a A F j F t!y 1 i 7 t a j - i t { V 5 SUBMITTED TO ? CITY OF ASHLAND URBAN DEVELOPMENT SERVICES, LLC. 485 W. NEVADA STREET ASHLAND, OR 97520 AU(, , AUGUST 3RD, 2012 Page 1 of 50 L PROJECT INFORMATION: PROJECT NAME: "First Place Subdivision" ADDRESS & LEGAL DESCRIPTION: 165 - 175 Lithia Way; Map #391E 09BA, Tax Lots 10100, 11601, 11701, and 15000. PLANNING ACTION: The applicants are requesting approval for a five lot Subdivision and Site Review Permit for the four vacant properties located on the northwest corner of Lithia Way and First Street. Subdivision: The applicants propose to subdivide 1.44 acres (currently four tax lots) into six lots including one being a commonly owned lot. Three of the tax lots front onto Lithia Way and two tax lots front onto First Street. The commonly owned lot fronts onto both streets and is intended to accommodate the necessary vehicular parking, ingress and egress points, utilities, open spaces, drainage, pedestrian circulation, etc. o Z. Too ! t [ e t - %4 11s" 11701 14IN i ~ 11$01 e- r r 141 1500 t 111411 1 110 9 62 _ 4+5410 ,•~1: , (10011 L.,--__ { 11400 ' t 8602, - Site Revieti , Permit: The applicants are requesting a Site Review Permit to construct a 18,577 square foot, three-story (with basement) mixed-use building with commercial and residential space on the first floor and residential space on the second and third floors. An exception to the City's Downtown Design Standards, VI-B #3, is also proposed to allow for recessed balconies on the front of the building. The Site Review Permit also includes review of Parking Lot Landscaping and Screening Standards. Page 2 of 50 APPLICANTS & OWNERS: LANDSCAPE ARCHITECT First Place Partners, LLC Galbraith & Associates 815 Alder Creek Drive 318 S. Grape Street Medford, OR 97504 Medford, OR 97501 LAND USE PLANNING: SURVEYOR: Urban Development Services, LLC Polaris Land Survey 485 W. Nevada Street P.O. Box 459 Ashland, OR 97520 Ashland, Oregon 97520 ARCHITECTS: ENGINEER: Kistler, Small & White Thornton Engineering 545 "A" Street 1238 Disk Drive, Suite 1 Ashland, OR 97520 Medford, OR 97501 COMPREHENSIVE PLAN DESIGNATION: Commercial ZONING DESIGNATION: C-1 (Retail Commercial District) LOT AREA: Lot # 1; 8,460 square feet Lot #4: 3,087 square feet Lot #2; 7,896 square feet Lot #5: 2,186 square feet Lot #3; 6,002 square feet Common Area: 35,428 square feet Total Area: 63,076 square feet (1.44 acmes) APPLICABLE ORDINANCES: Subdivisions, Chapter 18.80 Parking, Chapter 18.92 Pedestrian Places Overlay, Chapter 18.56.040 Solar Access, Chapter 18.70 Street Standards Exception, Chapter 18.88 Site Design & Use Standards, Chapter 18.72 Site Design & Use Standards, Section C Basic Site Review, Section 11 Detail Site Review, Section II Large Scale Standards, Section II Parking Lot Landscaping & Screening Standards, Section 11 Street Tree Standards, Section II Historic District Design Standards, Section IV Downtown Design Standards, Section VI RESIDENTIAL DENSITY: Permitted: 43 (30 units per acre) Proposed: 10 (1 affordable) Page 3 of 50 Remaining: 33* Affordable: 10% * Rerrraining residential density, including affordable units, ar•e to be allocated to subdivision's remaining lots. ADJACENT ZONING/ CURRENT USES: WEST: C-1; City Parking Lot EAST: C-1; First Street & U.S. Post Office SOUTH: C-1-D; Lithia Way & Commercial, Professional and Mixed-Use NORTH: R-2; Residential SUBJECT SITE: C-1; Vacant/Parking II. SITE DESCRIPTION: Site Description: The subject property is located on the northwest corner of Lithia Way and First Street. The property has remained vacant for the past five years (see site history below), but was once a lumber yard and professional office complex. The site is located adjacent to an existing City parking lot to the west (over which the applicant holds an access easement), and an older established residential neighborhood to the north, First Street and the U.S. Post Office to the east and Lithia Way to the south. The site is zoned C-1, the commercial zoning designation for the City. The site is 1.44 acres in area and is oddly shaped with approximately 300 feet of frontage along Lithia Way and 315 feet along First Street. The property slopes approximately 3% (10') from south to north and has no significant natural elements such as trees or rock outcroppings. Full sidewalk improvements have been installed, but there are missing street trees and street lights. Access to the property is off First Street and through the adjacent City parking lot. History of Lithia Way: Lithia Way was created by the Oregon Department of Transportation (ODOT) in the 1950's as pant of an overall highway plan in the State of Oregon. Throughout the downtowns of various cities in Oregon, ODOT constructed what were referred to as "couplets". These were a pair of one-way streets in the downtown sections. Ashland has Lithia Way and Main Street, Medford has Riverside and Central, Grants Pass has Sixth and Seventh Streets, and so on. These couplets were intended to alleviate traffic congestion and provide for additional downtown development. Unfortunately, shortly after ODOT initiated the "couplet" program, the Federal Government instituted the Interstate Highway Program (IHP) with Interstate 5 beginning construction in the early 1960's with many of the State's couplets languishing. Lithia Way was originally intended to become a second "Main Street" in downtown Ashland, but it gradually became a secondary street to Main Street due to the IHP, slow economic times and the shift in market trends for more automobile oriented sites (i.e., Ashland Street). In 1998, Lithia Way was also included in the Downtown Development Standards overlay zone, a subsection of the Site Design and Use Standards, with the intent to develop Lithia Page 4 of 50 Way with "Main Street" types of buildings already found in downtown Ashland along Main Street, the Plaza, Oak Street, etc. The primary purpose of the Standards is to guide development to respect the downtown areas unique heritage and to enhance the livability of the area as it develops and changes. The end result of the Downtown Design Standards, in addition to the Basic and Detail Site Review Standards, is a more human scale environment which includes placing parking in the rear, placing buildings along the streets, and designing buildings that arc attractive, inviting and that fit the rest of the downtown's context. A current example of the standards is can be found directly across the street in the Kendrick Building, Jasmine Building and the soon to be Vine Building, Overall, the project site, as well as the City's adjacent parking lot, offers a unique opportunity to create a secondary main street along Lithia Way and create a vibrant and economically healthy second commercial corridor within the heart of Ashland. Histoa of Site: Between the years of 2006 2009, the activity on the subject properties were fairly active which included a denial as well as various approvals from the Planning Commission, followed by permits for Demolition, Excavation, Plumbing, Electric and Right-of-Way improvements. Unfortunately, during the final stages of the site's final preparations, the property was foreclosed upon and has sat vacant and in a derelict state with all previous approvals now expired leaving only a few items remaining such as street trees, a few street lights and in some areas the final installation of transformers. Nevertheless, the new property owners and the City of Ashland have entered into a temporary agreement to use the site's parking and vacant areas as public parking as long as the site was maintained in the same manner as it maintains other City parking lots. Unfortunately, the later part of the ,1 y,.,; ! tl agreement has not occurred and there are numerous weeds, a few t t.. broken curbs and pipes that create Rgq- .~i ,~tY x an unsightly property in the heart of ? 1 the Downtown. i. a 'S. Prior to 2006, the property was used as a Lumber Yard (Copeland Lumber) and an office Old Copeland Lumber Buildings condominium complex called Tempest Court. (see photos) Page 5 of 50 r. z 7 Old Copeland Lumber and Tempest Court Old Tempest Court Office (Post Office in Background) III. PROJECT DESCRIPTION: The proposed application puts forth a project that is essentially the same in design, lot configuration and circulation as the most previous approvals except for a few minor adjustments that are in response to revised land use codes and construction practicalities. Overall, the applicants believe the original concept provided a positive foundation to further the Downtown's successful pattern. Nevertheless, the previous applications have expired and the applicants will be processing the proposal under the Ashland Municipal Code, Chapter 18.80 (Subdivisions) and Chapter 15.72 (Site Design and Use Standards). Subdivision: The proposal is to subdivide the site's 1.44 acres (currently four tax lots) into six lots with one being a commonly owned lot. Three of the tax lots will front onto Lithia Way and two tax lots will front onto First Street. The commonly owned lot fronts onto both streets and is intended to accommodate the necessary vehicular parking, ingress and egress points, open spaces, drainage, pedestrian circulation, etc. The common lot shall be subject to ORS 197 Planned Community Act and relevant documents including the maintenance plan shall be submitted to the City of Ashland for review at the same time the final plat is submitted. There are some additional improvements to be completed (added street lights, wiring of transformers, etc.), but once the final utilities are installed and the lots are recorded, construction will commence on Lot #1. Individual Site Review Permits will follow for the remaining lots based on market factors and each new building's design will be subject to a Planning process and design review process. Building Design: The subdivision has been designed to incorporate buildings that are "Main Street" in appearance similar to the many buildings found in Downtown Ashland. All buildings will comply with the City's Downtown Design Standards, Basic Site Review Standards and where necessary Large Scale Building Standards. Overall, Building #1 was designed with these basic principles and standards in mind. Further, the project Architect consulted with other Architects and met with the Ashland Historic Commission to create the building's design. Note: Other than some very minor modifications, the Building 41's design is exactly as the building the Ashland Planning Page 6 of 50 I Commission approved, including Exception request as described below, with Planning Action #2007-01939. South Elei~ation (Lithia Way): Again, the design approach towards Lithia Way is to reflect the traditional building styles already found in Downtown Ashland and referenced by the adopted Downtown Design Standards. The design respects the scale and proportions of a number of historic buildings in downtown Ashland while incorporating modern materials and details. The design acknowledges historic traditions while offering a contemporary interpretation that is compatible within the historic district. The elevation builds on a strategy of expressing a basic post and lintel construction while providing a variety of recessed and projecting areas to create surface relief and visual interest. Window areas are proportioned vertically and are kept to less than 50% of the total surface area. The first floor windows have a larger area to reinforce their commercial nature and the second and third floor windows are smaller with the intent to define a separate use from the first floor. The proposal does include an exception to a particular Downtown Design Standard (VI- B-3) which prohibits front facing elevations to have balconies. However, as with Planning Action #2007-01939, the Architect, as well as the Historic Commission and Planning Commission concluded the proposed balconies because they break up the mass of the building and create a staggered streetscape appearance. Overall, the project Architect contends the building's architectural character is enhanced by the balconies and provides a small opportunity for the tenants to have outdoor space for occasional dining and recreation and thereby enhancing their urban living experience. Finally, the applicants believe the best illustration of this type of flexibility is identified within Illustration #11 of the Downtown Design Standards which also shows how a small recessed balcony that does not "dramatically deviate" from the downtown's existing context. West Elevation: Due to the subdivision's common open space and pedestrian path extending through the development's plaza area between Building #1 and the City's parking lot, the building's west elevation will be visible from Lithia Way. The common open space was intentionally planned creating a unique opportunity to provide the west side of the building with inviting and friendly design elements such as the plaza space, storefront windows, residential windows, an entrance area, lighting and consistent materials that wrap from the front to the rear. This area could be further enhanced with eventual development of the City's adjacent parking lot and if correctly designed, expand this area to create a mid-block urban park. Internal Side and Rear Elevations: Obviously the internal side elevation will not be visible as a future building will eventually abut directly next to it. However, in the interim, the side elevation will likely have a stucco finish or a relatively inexpensive finish with the understanding it will be temporary. The rear of the building is relatively simple as discussed within the Downtown Design Standards, Section VI-J 1. However, Page 7 of 50 the rear has small 6' deep deck spaces, symmetrical window patterns. The material is stucco which is consistent with other materials found in the Downtown. Plaza Space: Previous applications included additional plaza space in front of the building - between the building and sidewalk. However, with the recent modification of the arterial setback requirement as part of the new Pedestrian Places Ordinance, Section VI-B #1 of the Downtown Design Standards requires buildings to be constructed at the back of the sidewalk and thus the building has moved forward approximately eight feet. In doing so, the project's plaza space was redesigned within the common area located to the west of the building. Note: The proposal actually has a couple of areas that are considered plaza areas and include the required amount and types of amenities listed within the Site Design Standards booklet, Section 11-C-3b. These include the plaza space directly west of Building #l, the open space area east of Lot #5 and the pedestrian way between Lots 41 and #2. Access: Vehicular ingress and egress will continue to occur via First Street and the City parking lot fronting Lithia Way and Pioneer Streets. A 22' wide Public Access Easement will be provided extending from First Street to the City parking lot (over which the applicant holds an access easement). This off-street circulation pattern provides for alternative vehicular movements without adding to the volumes and turning movements found on Lithia Way. Vehicular parking spaces are located within the center of the site primarily screened from the adjacent rights-of-way. The parking spaces will be shared parking spaces with each lot having an allocated amount. Common Area: In addition to the shared parking, the common area includes a bio-swale, similar to the bio-swale within the Elks' parking lot across the street. The bio-swale is partially completed and located on the northeastern side of the property adjacent to First Street. The bio-swale is intended to provide for storm water detention improvements such as filtering roof and parking lot run-off that often includes oil and metal particles. In addition to the bio-swale being a visual and environmental amenity to the project, the bio-swale also includes a meandering pedestrian path providing a pedestrian link from First Street. The common area also includes a landscape corridor between the City's public parking lot and Lot#1. This area has been narrowed slightly from the previous submittal in order to provide for the opportunity to provide for additional parking under future buildings on Lots #2 and #3. The corridor includes a bike parking area, a meandering pedestrian path connecting the rear parking area to Lithia Way and the building, and a short pedestrian path connecting the City parking lot to the site. Although not required, the landscape corridor's was specifically planned to allow for the redevelopment of the City's parking lot which will retain, in perpetuity, an open corridor between two building masses with the hope that when the City's parking lot is developed, the odd shared property line could be realigned and widened to make a wider mid-block open space. The applicants contend the open corridor will be an important streetscape element as Lithia Way continues to infill - similar to the open corridors between the Jasmine Building and future Vine building across the street, the open corridor adjacent to the Old Fortmiller's Building Page 8 of 50 (next to Starbucks), the open corridor next to the Varsity Theatre or the open corridor next to Chateaulin (Chautauqua Walk) which leads to the Shakespeare facilities. Approximately 22% of the site is landscaped where only 15% is required. Since the majority of the site's landscaping is within the common area, the landscaping will be consistently maintained and formal agreements will be prepared to facilitate this maintenance as required by ORS 197; Planned Community Act. It should be clearly understood that as a subdivision with common area platted, planned, owned and maintained under the ownership of the remaining lot owners, the common area's open space, landscaping and parking lot landscaping is equally owned and equally allocated to each buildable lot so that each lot already meets its minimum landscaping and plaza space requirements required in the GI zone or Site Design and Use Standards. Parkin: A total of 56 open parking spaces are proposed on the plans including two on- street spaces along First Street. Parking plays a critical role in the future buildings on each lot. Typically in the downtown area, the size of a building is limited by standard Code constraints such as height, solar setback and such, but not parking. However, on this site because off-street parking is required (unlike the C-1 Downtown zone directly across the street on Lithia Way), the size of each building on each lot is further limited by its number of allotted parking spaces combined with its use. For example, buildings with intense uses require more parking spaces so if only a set number of spaces are allotted, the building will be constrained to a set square foot size (with some exceptions as noted later). A specific number of parking spaces have been pre-allocated to each lot on a per lot basis. Therefore, a tot owner of a given lot has a predetermined number of spaces in which to design his/her building. When combining that number of spaces with their intended use as described in the Parking Standard Section of AMC (Chapter 18.92), the size of the building can then be determined. In addition to any other surface or subsurface parking provided by a specific lot owner, the parking combined with use calculations will be verified during each building's Site Review Permit process, but the amount of the allocation could change based on demand and surplus availability. At this preliminary juncture, the parking allocations are as follows: Lot # Allocated Parking Spacest Lot #1 16 Lot #2 16 Lot #3 10 Lot #4 7 Lot #5 7 Total Parking Spaces 56 k The allocated parking spaces identified may be reassigned to other lots based on parking demands with each lot. Page 9 of 50 A multitude of possible building scenarios are possible for the five lots. If a lot owner desires a large proportion of his/her building to be retail use (requiring more parking), his/her building will be constrained in size when compared to a building where another owner prefers a combination of retail and office uses (requiring less parking). Further, it is possible for an individual lot owner to construct additional parking within their own lot's footprint (similar to Lot #1's basement design). Each lot owner will submit their building plans through the Site Review process and will identify the proposed building size, use, parking requirements, any additional parking proposed, and all other applicable Site Review standards will be applied to that buildings' design. Building #1 Parking Requirements: A total of 24 parking spaces are necessary for Building #1 and 28 parking spaces are provided. The basement accommodates 12 parking spaces (50% of the required amount) and 16 spaces are allocated within the common area. The parking calculation is as follows: First Floor Commercial 1 space per 350 sq. ft. (3,800 sq. ft.) = 10.8 spaces Residential 1.5 spaces per unit (2 one-bedroom units) = 3 spaces Second Floor Residential 1.5 spaces per unit (3 one-bedroom units) = 4.5 spaces 1.75 spaces per unit (1 two-bedroom unit) = 1.75 spaces Third Floor Residential 1.5 spaces per unit (3 one-bedroom units) = 4.5 spaces 1.75 spaces per unit (I two-bedroom unit) = 1.75 spaces Total Parking Spaces Required: 27 spaces Total Parking Spaces Provided: 28 spaces Note: It should be understood the Ashland Municipal Code's Parking ordinance, specifically 1992.050, provides enough flexibility and management tools that if the ground floor area was ever intensified with another use such as a restaurant, parking spaces can be shared as long as it can be demonstrated that the need for the spaces does not overlap (e.g., uses primarily of a daytime vs. nighttime nature). In this particular case, there is ample opportunity to accommodate a variety of uses desired in an urban setting and comply with the parking codes. As such, if this scenario was ever realized, evidence such as a lease or other similar written instrument would be provided at the time of a business license is sought from the City recognizing the new use. Bike Parking: Bike parking is dispersed throughout the project site. A five space bike parking area is shown adjacent to the north side of Lot #1 and three existing bike spaces are identified on the east side of Lot 95. In addition, bike parking spaces are provided for each residential unit within individual storage spaces in the building's basement. Environmental and Microclimatic Impacts of Surface Parking: Since the installation of the site's existing parking lot and various infrastructure improvements, modifications to AMC 18.92.080, Parking, Access and Circulation Design standards, have occurred requiring parking lots of more than seven spaces to either put 50% of the parking underground or meet one of the various standards such as a solar reflective surface application to the parking lot, porous surface materials, provide a tree canopy (50%) over parking area, provide for solar paneled carports/trellis covers, etc. Although the Page 10 of 50 applicants contend the parking lot and its improvements should be considered pre- existing as they were approved by the City after construction, the applicants also contend the application meets and exceeds the intent of the standards. First, the existing parking lot and subdivision plans have been designed to accommodate underground parking for the buildings that front along Lithia Way. Once completed, it's expected that at least 30 parking spaces or 35% of the site's required parking will be underground. Secondly, because of its existence and heavy use over the last five years, the parking lot's solar reflective surface most likely currently meets the .29 standard. When combined with the parking lot's shade trees, future underground parking basements and the fact the parking lot is pre-existing, the applicants contend the proposal complies with the standard. Finally, the ordinance modifications also required parking lots and other hard surfaces to capture and trees stormwater run-off with landscape medians or swales. In the applications case, a large bio-swale sits at the northeast corner of the property providing stormwater treatment capabilities in order to reduce the amount of parking lot particulates and to reduce water temperatures prior to reentering the natural drainage system. Pedestrian Path: The site plan and first floor floor plan for Lot #1 shows a central pedestrian path that extends from First Street, through the middle of the large bio-swale, through the parking lot and between Lots #1 and #2. It is expected the pedestrian path, as it extends between the lots, will eventually be constructed in a similar way as the covered breezeway linking the Plaza and the Calle Guanajuato (adjacent to Gold & Gems). However, the section of path between Lots #1 and #2 will only be open during the daytime and gated during the evening. The alignment of the pedestrian corridor was generally intended to align with the path next to the Jasmine Building - which leads to the informal connection between Key Bank and then on to E. Main Street. The plan also shows other pedestrian connections to the City parking lot, Lithia Way and First Street which all further facilitate pedestrian movement to and through the site. Residential Density; The permitted residential density in the C-1 zone is 30 units to the acre allowing for a total of 43 dwelling units on the site's 1.44 acres. The applicants are allocating 10 of the residential units to Lot #1 with the remaining allocation to be determined with each new building plan. As with the site's surplus parking, the property owners desire to reserve the right to transfer allocated residential units among other lots in order to obtain diversity and flexibility. During future Site Review Permit applications, the applicant will need to provide an up-to-date summary showing the total number of residential units that have been constructed to-date on the lots. Affordable Unit(s): In accordance with AMC 18.32.025 D.S., at least 10% of the units (when "exceeding" 10 units) are required to be affordable under the City's Affordable Housing Program. Although the applicants' proposal includes only 10 units, the applicants have included an affordable unit in compliance with the City's affordable housing standards. Although this was not the commitment with previous applications, the applicants firmly believe the proposal is civically appropriate. Page 11 of 50 The applicants propose to meet this standard by assigning one of the units as affordable with the understanding that additional residential units are most likely going to be built on the remaining lots and that every 10"' unit hereafter will be allocated as an affordable unit. Lots #4 and #5: At the time of this writing, there has been some discussion of merging Lots #4 and #5 in order to accommodate a single building/tenant. The lots are small and costly to construct buildings on, especially if residential units were to be added on upper levels. Further, a single building still provides the flexibility to have single or multiple commercial tenants without significant expense or renovation. Nevertheless, if this was to occur, it will likely occur at the time a Site Rcview Permit is applied for as a Lot Line Adjustment or possibly as a modification to the final plat at time of recording, but considering it may happen relatively soon, it should be disclosed. Solar Access: As evidenced on Sheet Al, the proposed building's shadow falls at the foot of the north property line where as the Solar Access codes allow a shadow of up to 16' (AMC 18.72.040 A.), regardless if residentially zoned to the north. As such, the proposed building's shadow easily complies with the Solar Access provisions. Utilities: All key facilities are available to service the proposed lots and most are generally in place due their recent installation and upgrading. Although some minor improvements still remain, all will be completed prior to Plat recordation unless they are specifically deferred until each lot is developed (i.e., electrical transformers that are typically based on building and use demand). Nevertheless, the applicants have met with all of the utility departments to verify if there were remaining issues. The result of the meetings were that adequate City facilities existed, all permits for recent work were applied for and that such work was inspected and approved. Any future installations or modifications to such utilities will be completed under permit. i Interim Site Maintenance and Use: There are a number of factors that will likely cause the entire site to develop overtime. In the interim, lots that are not actively being constructed upon will be treated with a wildflower mix and generally maintained in weed-free condition. The parking area will remain open, but will be privately owned and monitored by the ownership's association, unless further negotiations with the City's Administrative staff deem otherwise. Small parking signs may be necessary in order to convey the changes. Remaining Items from Previous Approvals: All remaining items of the previous approval, specifically PA-2007-00091, will be completed prior to final plat unless otherwise noted herein or bonded for. Further, all necessary documentation for the project's CC&R's covering maintenance provisions, parking lot allocations, etc. will be submitted prior to final plat. Page 12 of 50 i I IV. FINDINGS OF FACT: The following information has been provided by the applicants to help the Planning Staff, Planning Commission and neighbors better understand the proposed project. In addition, the required findings offact have been provided to ensure the proposed project meets the requirements and procedures outlined in the Ashland Municipal Code (AMC) pertaining to the Subdivision requirements in Chapter 18.80 and Site Review Chapter 18.72. For clarity reasons, the following documentation has been formatted in "outline" form with the City's approval criteria noted in BOLD.font and the applicant's response in regular font. Also, there are a number of responses that are repeated in order to ensure that the findings offact are complete. Chapter 18.80 Subdivisions 18,80.010 Proposals to be Submitted Proposals for subdivision of land shall be submitted to the Planning Commission for approval through the Director of Public Works. Such proposals shall conform to all provisions of this Chapter. On August 3rd, 2012, the proposal included 12 copies of a preliminary plat that was submitted to the Director of Public Works. The applicants contend the proposal meets the provisions of Chapter 18.80.010. 18.80.020 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 tine standards established by this Chapter. To the best of the applicant's knowledge, the application for a 5-lot subdivision complies with the regulations of this Chapter and applicable State laws. There are no development plans or master plans regulating the subject property. 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, tine 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 Page 13 of 50 action by the City. This action shall also apply retroactively to all previously created reserve strips where the streets have been extended and dedicated for street purposes. (Ord. 2436, 1987) There are no stubs or future streets abutting the subject property and the current parking lot abuts and matches the City's Parking Lot to the west where there is an existing access easement extending from the subject property through the adjacent City Parking lot. Other than the adjacent City parking lot to the west, all adjacent properties are developed. 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. The proposed subdivision is not proposing any new streets and will be served by existing street right-of-ways. 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. No new streets are proposed with this application. The proposed development will not prevent adjacent land from being developed as shown on the Comprehensive Plan. Other than the City's public parking lot, the adjacent properties are essentially built-out. The proposal does recognize the potential of the City's parking lot to redevelop and maintain transportation connectivity. 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 sheet and alley intersections shall have a minimum corner radius adequate to allow sidewalk and utility space and a curb radius of ten (10) feet. No new streets are proposed with this application. The corner of Lithia Way and First is an intersection of two one way streets. Traffic is not exiting onto Lithia Way from First Street and therefore the corner radius is unnecessary. Current sidewalk and ROW exists and in the Summer of 2006, the City of Ashland's Public Works Department improved this corner to include sidewalk bump outs and handicap ramps. 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. Page 14 of 50 i First Street is a one-way Commercial Neighborhood Collector Street and is of adequate width to serve the proposed project. The paved surface is 28' wide (curb to curb) and includes an 8' wide parallel parking lane adjacent to the Post Office (5 minute parking), but further east (below the access point of the subdivision), the parallel street parking shifts to the west side of the street. Standards for a Commercial Collector Streets, require travel lanes to be 10' in width, which in this case, allows parking on both sides of the street, a 10' travel lane, plus an additional 2' as surplus. Additionally, during the time of the property's recent subdivision improvements a 11' wide sidewalk along the property's First Street frontage was installed that included tree wells. Further, a 13' wide sidewalk along the Lithia Way frontage was installed, but considering the sidewalk standards have changed, an additional 2' will be added with each new building via an access casement. At the time of each lots development, all street trees will also be installed within tree wells as required under City Street Standards. Prior to signature of the final Plat, all remaining street lights will be installed. Bike lanes exist along Lithia Way, installed at the time certain traffic calming "bulb-outs" and handicap accessible ramps were installed along Lithia Way. No bike lanes are required along First Street as the average daily vehicle trips are less than 3,000 (currently approximately 1,510 trips). 6. Frontage and limited access roads may be required as defined in Sections 18.72.040(L) and 18.72.040(M) of this Title. Sections 18.72.040 (L) and 18.72.040 (M) do not reference frontage or limited access issues. This appears to be a clerical or code management error. Nevertheless, the application complies with all lot width frontage requirements as described above. Previous improvements included a reduction in vehicular access points (curb cuts) along Lithia Way from two to none and along First Street from two to one. Reducing curb cuts along primary arterials such as Lithia Way is a code requirement and policy statement of not only the City of Ashland, but also the Oregon Department of Transportation (ODOT). 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. Access to the proposed subdivision will be via First Street, which is fully improved with sidewalks, curbs and gutters. Applicants and the project's Traffic Engineer had previously met on with the Public Works Department staff regarding this project's potential traffic impacts, but no impacts were projected. The site is within the downtown core and is conveniently located for transit, pedestrian, and automobile traffic. Proposed is a pedestrian easement (breezeway similar to the one that traverses through the Masonic Building) through Lots #1 and #2 as well as a sidewalk along the west side of the building allowing through connections between Lithia Way, Pioneer Street and First Street. This will facilitate to-and-through access in the subject block. In addition, the site Page 15 of 50 plan has been designed to connect vehicular traffic with the City parking lot to the west providing connectivity between Pioneer and First Streets (via the applicant's existing access easement through the City Parking lot). It is helpful to reference previously completed studies to gather general information about possible development impacts on this site. For example, a previous study performed in 2005 shows that had this site been developed with 75,000 square feet of buildings combining uses such as Retail, Commercial, and Residential, the "increase to the surrounding roadways u411 be less than 5% in any direction". AGC report September 2005. 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. No new streets are proposed with this application as the existing streets adjacent to the site have been in existence for many years operating at Levels of Service "A" as previously determined during the original proposals. 9. Cul-dc-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, No new streets are proposed with this application, 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. Sheet names and numbers shall conform to the establishment pattern for the City and shall be subject to the approval of the Planning Commission. No new streets are proposed with this application, 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. Page 16 of 50 No new streets are proposed with this application. 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. All public utilities on private property will be within 10' easements. Such easements will be verified at the time of Final Plat submittal. 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 park`vays parallel to major watercourses may be required. Prior to the recent improvements as a partial parking lot, for the previous 80 years it appears this site has been used as a lumber yard and has virtually a 100% impervious surface coverage. There is no indication of a natural watercourse on this site. D. Lots 1. Lots shall meet the requirements of the zone in which tine subdivision is located. These minimum standards shall apply with the following exceptions: The subject property is zoned C-1, Retail Commercial District, specifically regulated by Chapter 18.32 of the Ashland Municipal Code. Subsection 18.32.040, General Regulations state: A. Area, Width, Yard Requirements. There shall be no lot area, Wdth, coverage, front yard, side yard, or rear yard, except as required under the Off-Street Parking and Solar Access Chapters; where required or increased for conditional uses; where required bj, the Site Review Chapter or where abutting a residential district, where such setback shall be maintained at ten feet per story for rear yards and ten feetfor side yards. B. Haxinnnn Building Height. No structure shall be greater than 40 feet in height. All of the proposed developable lots meet the "Area, Width and Yard" requirements as there shall be no lot area, width, coverage, front yard, side yard, or rear yard, except as required under the Off Street Parking and Solar Access Chapters; where required or increased for conditional uses; where required by the Site Review Chapter or where abutting a residential district, where such setback shall be maintained at ten feet per story for rear yards and ten feet for side yards, or where required under the Special Setback Requirements listed in Chapter 18.68. In addition, the maximum 40' building height Page 17 of 50 requirement will be complied with and verified during the individual Site Review Permit proposal for each lot's building. 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. All lots are to be served by a public sewer system. There is an existing 6" sewer line located in Lithia Way and the Public Works Department has indicated that this sewer line is adequate to serve the project. b. Minimum lot standard shall not conflict with City zoning standards. The proposed lots are not in conflict with the City zoning standards as stated above in Section 18.80.020 D.I. In addition, all lots are at least 40' in width as required under 18.80.020 D.2, 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. The subject property is zoned C-1 allowing for a variety of commercial and business uses as described in 18.32.020 and 18.32.025. The intent is to create a lot-layout consistent with the lot pattern already found in Downtown Ashland. Historically, those lots were platted in a block with one side facing the right-of-way, the other facing an alley or parking area and the sides abutting other lots. As identified on the plans, the site's 1.44 acres (currently four tax lots) will be divided into six lots with one being a commonly owned lot. Three of the tax lots will front onto Lithia Way and two tax lots will front onto First Street. The commonly owned lot fronts onto both streets and is intended to accommodate the necessary vehicular parking, ingress and egress points, open spaces, drainage, pedestrian circulation, etc. It is expected that once the "final" utilities are installed and the common area improvements are completed and the lots are recorded, the ' vacant lots will remain pending future Site Review Permits. The common area lot will be deed restricted restricting future subdivision or further development of the parcel. 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. Each lot has been designed to accommodate this minimum standard. No lot is less than 40'. Page 18 of 50 i 3. Through lots. Through lots shall be avoided except where essential to provide separation or residential development from major traffic arteries or adjacent nonresidential activities or to overcome specific disadvantages of topography and orientation. A planting screen casement of at least ten (10) feet, across which there shall be no right of access, inay 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. All of the proposed buildable lots are standard lots, but the common lot is a through lot. The common area lot extends from Lithia Way to First Street and is intended to provide to-and-through connection, to accommodate the necessary vehicular parking, ingress and egress points, open spaces, bio-swale, drainage, pedestrian circulation, etc. The project's two primary open space areas are located at both ends of the through lot and provide not only a "green streetscape" opportunity, but also separation from the C- I zone to the adjacent R-2 zone to the north. 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. All three proposed lots fronting Lithia Way have side lot lines that are at right angles to Lithia Way. The two lots along First Street have side lot lines that are not quite at right angles, so as to allow the main access entry to be parallel to rear lot lines of the Lithia Way lots and so that the connection between First Street and the Public Parking lot on Pioneer St. could be aligned in a practical and efficient way. Furthermore, the north side lot line of Lot #5 was specifically angled so as not to "decrease" the visibility and presence of the bio-swale along that section of First Street. 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 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. j Cuts and fills shall meet standards. See landscaping plan for details about plant species. I F. Large lot subdivision. In subdividing tracts into large lots which at some future time are likely to be re-subdivided, 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 pat-eel into lots of smaller size. Page 19 of 50 The subdivision is not designed to be "re-subdivided". However, Lots #4 and #5 may be merged, but their perimeter shape would likely remain as is. 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 subdivision for a public purpose, including substantial assurance that positive steps will be taken in the reasonable future for the acquisition. There are no apparent plans known to the applicant that are stated in City documents, State Highway Commission documents, School District documents, or other public agency documents to acquire a portion of the area proposed for subdivision. 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. The applicant has provided two open space areas as part of this subdivision however the applicant believes that dedicating these areas to the City would be more of a burden than a benefit to the City of Ashland. Without a dedication, the lot owners are required to maintain the land and have the liability whereas with a dedication the liability and maintenance become the City's responsibility. 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 18.80.050 of this Chapter. The proposed landscaping plans were completed by a local professional Landscape Architect with the intent to provide for an attractive landscaped site that also complies with the lot coverage standards. However, it should be clearly understood that as a subdivision with common area platted, planned, owned and maintained under the ownership of the remaining seven lot owners, the common area's open space, landscaping and parking lot landscaping is equally owned and equally allocated to each buildable lot so that each lot already meets its minimum landscaping requirements required in the C-1 zone. All landscaping will be installed by a licensed local landscaping company familiar with the above coverage requirements. Page 20 of 50 I 1. 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. Not applicable. No exceptions are being requested by the applicant. I 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. Not applicable. No modifications of the standards are requested by the applicant. 18.80.030 Approval of streets A. Creation of streets. 1. The Street Standards in Chapter 18.88, Performance Standards Options, shall apply to developments under this chapter, except that the Planning Commission shall approve the creation of a street to be established by deed without full compliance with the regulations applicable to subdivisions when ally of the following conditions exist: a. The establishment of a street is initiated by the City Council and is declared essential for the purpose of general traffic circulation and the partitioning of land is an incidental effect rather than the primary objective of the street. b. The tract in which the street is to be dedicated is an isolated ownership of one (1) acre or less. 2. In those cases where approval of a street may be given without full compliance with the regulations applicable to subdivision, a copy of the proposed deed shall be submitted to the City prior to the Planning Commission meeting at which consideration is requested. The deed, and such information as may be submitted, shall be reviewed by the Planning Commission and, if not in conflict with the design standards (Section 18.80.020), shall be approved with conditions necessary to preserve these standards. Within ninety (90) days following approval, the street shall be surveyed, mapped, and duly recorded with the County Surveyor. (Ord 2836 511,1999) Not applicable as no new streets are proposed. Page 21 of 50 B. Creation of private ways. 1. Any easement of way providing access to property and which is created in order to allow the partitioning of land for the purpose of transfer of ownership or building development, whether immediate or future, shall be in the form of a street either in a subdivision or as provided in "A" above, except that a private way to be established by deed without full compliance with these regulations shall be reviewed as a Type I Procedure if it is the only reasonable means of access to a landlocked parcel. All lots being created have legal frontage on a public street and are not landlocked. Chanter 18.88, Performance Standards Options; 18.88.050 Street Standards j i All development under this Chapter shall conform to the Street Standards as defined in 18.88.020.K. It appears there is an Ordinance reference error. There is no subsection K found in 18.88.020, The applicant, however, has responded to the entire Section 18,88.020 in the VI., prior paragraphs of these findings. 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: j s 3 Units15 feet with 20 feet dedicated width 2 Units15 feet with 20 feet dedicated width 1 Uuit12 feet with 15 feet dedicated width There is a private parking lot and associated drive isles have a minimum access width of 20 feet. B. Dedicated Public Streets Required. All roads which serve four units or greater, and which are in all R-1, RR and WR zone, must be dedicated to the public and shall be developed to the Sheet Standards of this section. The subject site is located in the C-1 Zone. C. Dead End. No dead end road shall exceed 500 feet in length, not including the turnaround. Dead end roads must terminate in an improved turnaround as defined in the Performance Standards guidelines adopted pursuant to Section 18.88.090. Page 22 of 50 No dead end streets are proposed. D. Obstructed Streets. Creating an obstructed street is prohibited. No obstructed streets are created by the proposed subdivision. E. Street Grade. Street grades measured at the street centerline for dedicated streets and flag drives shall be as follows: 1. Street and private drive grades in Performance Standards Developments shall not exceed a maximum grade of 15%. No variance may be granted to this section for public streets. Variances may be granted for private drives for grades in excess of 15% but not greater than 18% for no more than 200'. Such variances shall be required to meet all of the criteria for approval as found in 18.100. There are no grades in the parking area that exceed the standards. Private drives serving structures greater than 24' in height, as defined in 18.08.290, shall provide a Fire Work Area of 20' by 40' within 50' of the structure. Tile Fire Work Area requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed. A fire work area that meets Fire Department Standards exists within the existing parking lot area and the subdivision has been designed to accommodate expeditious ingress and egress as well as easy fine truck maneuvering. Fire trucks can exit the property in a forward manner. In addition, either Right of Way within First Street and Lithia Way provides access to the future structures. 3 Private drives and work areas shall be deemed Fire Lanes and subject to all requirements thereof, j i s A fire work area that meets Fire Department Standards exists within the parking lot area, and the subdivision has been designed to accommodate expeditious ingress and egress as well as easy fire truck maneuvering. Fire trucks can exit the property in a forward manner. In addition either Right of Way within First Street and Lithia Way provides access to the future structures. The driveway extending through the parking lot has been constructed as a fire apparatus lane capable of supporting 44,0001b vehicles. Private drives greater than 250' in length shall provide a turnaround as defined in the Performance Standards Guidelines as provided in 18.88.090. (Ord. 2663 S5, 1992) The existing parking area connects through to the City's public parking lot off of Pioneer Street. There is, however, a turnaround area within the parking area that meets the dimensional standards of 18.88.090. Page 23 of 50 I F. Exception to Street Standards. An exception to the Street Standards is not subject to the Variance requirements of section 18.100 and may be granted with respect to the Street Standards in 18.88.050 if all of the following circumstances are found to exist: A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. B. The variance will result in equal or superior transportation facilities and connectivity; C. The variance is the minimum necessary to alleviate the difficulty; and D. The variance is consistent with the stated Purpose and Intent of the Performance j Standards Options Chapter. No exceptions are requested to the Street Standards. 18.80.040 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. 1 The copies of the preliminary plat have been prepared by Registered Surveyor, Shawn Kampmann of Polaris Survey in Ashland and are included in this application. 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. E Size and scale on the map is as required. 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. The name is First Place Subdivision. 2. Date, north point, and scale of drawing. Page 24 of 50 The map contains this information. 3. Appropriate identification clearly stating the map is a preliminary plat. The map clearly states it is a preliminary plat. 4. Location of the subdivision sufficient to define the location and boundaries of the proposed tract. The map clearly states the location and boundaries of the subject properties. 5. Names and addresses of tine owner, subdivider, and surveyor. The appropriate names are evidenced on the plat map. 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. Map contains this information, 2. Location and direction of all watercourses and areas subject to flooding. i No areas are subject to flooding; on this site. 3. Natural features such as rock outcroppings, marshes, wooded areas, and isolated preservable trees. All known natural features are shown. I 4. Existing uses of the property, including location of all existing structures to remain on the property after platting. E Plat map depicts these items, 5. Zoning on and adjacent to the tract. Plat map contains this information. 6. Contours at an interval of five (5) feet. Contours are shown at 1 ft intervals and bolded at 5 ft intervals. Page 25 of 50 i 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. This information is included. 2. The location and purpose of easements. Easements are shown. 3. The location, approximate dimensions, and proposed lot and block numbers, for all lots and blocks. Lot information is shown 4. Sites, if any, allocated for purposes other than single fancily dwellings. All lots have potential for commercial and residential uses. 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. The proposal meets the intent of this standard. 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: I 1. A vicinity reap, shoving 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. I Vicinity Map attached separately. No streets are proposed. 2. Proposed deed restrictions, if any, in outline form. Restrictions shall be placed on the common lot to ensure it remains in control of the five buildable lots and properly maintained. The formal documentation, including CC&Rs, shall be included with the final plat and recorded at that time. Page 26 of 50 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. No slopes greater than 10% exist on the site. 1. 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 therefor. 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. (Ord. 2052, 1979) 18.80.050 Final plat Applicants understand this section and shall comply with requirements in subsections A, B, C, D, E, F, and G. At the time the Final Plat is submitted to the City of Ashland, this information will be provided. j I 18.80.060 Improvements A. Improvement procedure. In addition to other requirements, improvements installed by the subdivider either as a requirement of these regulations or at subdividers own option shall conform to the requirements of this Title and 3 improvement standards and specifications followed by the City. The improvements shall be installed in accordance with the following procedure: 1. Work shall not begin until plans have been checked for adequacy and approved by the City. To the extent necessary for evaluation of the subdivision proposal, the plans may be required before approval of the final map. 2. Work shall not begin until the City has been notified in advance, and if work has Page 27 of 50 been discontinued for any reason, it shall not be resumed until tlue City has been notified. 3. Improvements shall be constructed under the inspection and to the satisfaction of the City. The City may require changes in typical sections and details if unusual conditions arise during construction to warrant the change in the public interest. 4. All underground utilities, sanitary sewers, and storm drains installed in streets shall be constructed prior to the surfacing of such streets. Stubs for service connections for all underground utilities and sanitary sewers shall be placed to such lengths as will obviate the necessity for disturbing the street improvements when service connections are made. 5. A reproducible map showing all public improvements as built shall be filed with the City Engineer upon completion of such improvements. The application is in a somewhat unusual state in that the vast majority of the site's improvements were installed, completed, inspected and approved but the plat was never recorded. Because of this unusual circumstance, the site is essentially "ready" for development and complies with the above standards. Nevertheless, a reproducible map showing all of the public improvements will be filed with the City Engineer prior to final recordation. B. Improvement requirements. Improvements to be installed at the expense of tlue land divider are as follows: i I 1. Interior streets. All interior streets shall be graded for the entire right-of-way I width, and roadways shall be improved with paving, curbs, gutters, and drainage. The subdivider shall improve the extension of all subdivision streets to the center line of existing streets with which subdivision streets intersect. Applicant shall perform as required. 2. Exterior unimproved streets. When part of a proposed subdivision or major land partition abuts an existing unimproved street, the property owner, or a representative, shall satisfy the minor land partition improvement requirements and sign an agreement in favor of improving said street in the future to full City standards as outlined in this Section. The proposal does not abut an existing unimproved street. The site's public infrastructure is essentially completed and includes 10' sidewalks on the First Street frontage and a 13' sidewalk along the Lithia Way frontage. The sidewalk along Lithia will be extended to 15' to meet the newly adopted street standards. 3. Structures. Structures specified as necessary by the City, for drainage, access, and public safety shall be installed. Page 28 of 50 Applicant understands and agrees. 4. Sidewalks. Sidewalks may be required on one (1) or both sides of the street at the discretion of the Planning Commission. Such requirement shall be related to the general level and type of development in the area, the anticipated level of pedestrian traffic, and the safety and convenience of children and other pedestrians. The site's public infrastructure is essentially completed and includes 11' sidewalks on the First Street frontage and a 13' sidewalk along the Lithia Way frontage. The sidewalk along Lithia will be extended to 15' to meet the newly adopted street standards. 5. Improvements to be installed or provided by subdividers include all items required by the Director of Public Works at the time of the subdivider's plat and construction plan and specification approval. Applicant understands this section and all final improvements will be completed prior to final plat or at the time of each lot's construction. 6. Sewers. Sanitary sewer facilities including laterals connecting with the existing City sewer system shall be installed to serve each lot. No septic tanks or cesspools will be permitted within the City. Storm water severs shall be installed as required by the City. All sanitary sewer systems are in place and ready to service the proposed lots. 7. Water. Water mains and services, fire hydrants of design, layout, and locations i approved by the Director of Public Works as conforming to City standards shall be installed. All water mains and services are in place and ready to service the proposed lots. 8. Street trees. Street trees may be required by the Planning Commission and shall conform with a City street tree plan or specific requirements of the Commission relating to tree type, size and spacing. f 1 Applicant has proposed street trees along both Lithia Way and First Street Frontages. See Landscaping Plan. All street trees are to be installed prior to approval of the final plat, unless other provisions are made with the Public Works Director. 9. Landscaping on lots where the allowable percentage of lot disturbance has been exceeded. Not applicable. 10. Monuments. Upon completion of street improvements, monuments shall be re- Page 29 of 50 established and protected in monument boxes at every street intersection and at all points of intersection, or at all points or curvature and points of tangency of street center lines. Monuments shall be set at the appropriate time by the project's licensed surveyor. C. Underground utilities - required. All on site utility lines, including but not limited to electric, communications, street lighting, and cable television, shall be installed underground, except as provided in "D" below. For the purpose of this section, appurtenances and associated equipment such as, but not limited to, surface- mounted transformers, pedestal-mounted terminal boxes and meter cabinets, terminations for concealed ducts in an underground system, and street lighting structures and fixtures may be placed above ground. This section does not apply to utility lines which do not provide service to the area being subdivided. All utilities were installed during the previous subdivision's development. A few minor items do remain (some street lights, some electrical improvements, etc., but all will be completed prior to final plat. D. Underground Utilities - Exceptions. Minor land partitions shall not be required to provide underground utilities, provided that all new service for residential uses shall have installed a service panel and stubbed conduit to convert to underground utilities at a future date. All utilities have been installed and are underground per adopted code. No exceptions are being proposed. E. Underground Utilities - Cost. The developer shall deposit with the City the total fee required in Section 14.16.030 of this Code, and shall be responsible for all trenching and backfilling. (Ord. 2148 S2,1981) The applicants are aware of this provision, but contend it is no longer necessary due to the infrastructure already being installed. However, if it is determined additional trenching or baekfilling is necessary, the applicants will comply. F. Underground Utilities - Rules and Regulations. The City Council may, by resolution, adopt rules and regulations governing the installation and allocation of costs for underground utility extensions. (Ord. 2148 S3,1981) The applicants are aware of this provision, but contend it is no longer necessary due to the infrastructure already being installed. G. Safety Street Lighting. Safety street lighting shall be provided by the developer in new subdivisions and in private developments of five (5) acres or more. Developer shall bear all costs except wiring, maintenance and energy. All street lighting improvements shall be installed to the satisfaction of the Electric Superintendent in Page 30 of 50 accordance with the specifications on file in the office of the Electric Superintendent. The amount and intensity of illumination provided for street lighting shall be in accordance with the standards established by the illuminating Engineering Society, American Standard Association, as approved by the Electric Department. While this development is not more than five acres, the applicant will install the remaining Sternberg Streetlights along the street frontages to assist in nighttime pedestrian circulation. Section 18.72.070 Site Review Approval Criteria: A. All applicable City Ordinances have been met or will be met by the proposed development. To the applicant's knowledge all City regulations are or will be complied with. The applicants are not requesting any exceptions or variances. B. All requirements of the Site Review Chapter have been met or will be net. As noted below, all requirements listed in the Site Review Chapter (18.72) have or will be complied with. Specifically, the landscaping will be irrigated and maintained, and light and glare concerns will be addressed with down lighting and screening where necessary. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. Parking lots are subject to the Parking Lot Landscaping and Screening standards noted in the Site Design Standards booklet, adopted August 4"', 1992. The standards regulate r parking lot screening, refuse screening, landscaping percentages, etc. The applicants contend all of the standards are being. It's also expected that refuse and recycling enclosures will be provided with each individual Site Review Permit. i D. That adequate capacity of City facilities for water, sewer, paved access to and j through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. All key facilities are available to service the proposed lots. The applicants have met with all of the utility departments to verify if there were any capacity issues. The results of the meeting were that adequate City facilities are available to the subject site. Page 31 of 50 Chanter 18.72 Site Design & Use Standards Lot #1-- Building 91 11-C-1 Basic Site Review Standards II-C-1a) Orientation and Scale 1. Buildings shall have their primary orientation toward the street rather than the parking area. Building entrances shall be oriented toward the street and shall be accessed from a public sidewalk. Where buildings are located on a corner lot, the entrance shall be oriented toward the higher order street or to the lot corner at the intersection of the streets. Public sidewalks shall be provided adjacent to a public street along the street frontage. Buildings shall be located as close to the intersection corner as practicable. 2. Building entrances shall be located within 20 feet of the public right of way to which they are required to be oriented. Exceptions may be granted for topographic constraints, lot configuration, designs where a greater setback results in an improved access or for sites with multiple buildings, such as shopping centers, where this standard is met by other buildings. Automobile circulation or parking shall not be allowed between the building and the right-of-way. The entrance shall be designed to be clearly visible, functional, and shall be open to the public during all business hours. i 3. These requirements may be waived if the building is not accessed by pedestrians, such as warehouses and industrial buildings without attached offices, and automotive service stations. The submitted building elevations show the primary orientation facing Lithia Way. The main entrance is on Lithia Way with secondary entrances off of the common open space (west side of building) and the open breezeway. The recently installed 13' sidewalk along Lithia way will be partially removed and replaced with additional concrete in order to comply with revised sidewalk standards (15'). However, the additional 2' to be added will occur at the time of each lot's building in order to minimize concrete damage during € construction. The building's main enhance off of Lithia Way is attractive, functional and ~ will remain open during business hours. f II-C-lb) Streetscape One street tree chosen from the street tree list shall be placed for each 30 feet of frontage for that portion of the development fronting the street. As illustrated on the attached landscaping plan, this standard will be met and is based upon the entire subdivision's frontage in order to generate a more comprehensive tree canopy. The trees will be planted in accordance with the specifications shown on the attached plan. Other than a couple of lights, the trees are the only remaining items within the public right- of-way that were not installed by the previous owners. 11-C-1c) Landscaping Page 32 of 50 1. Landscaping shall be designed so that 50% coverage occurs after one year and 90% coverage occurs after 5 years. 2. Landscaping design shall utilize a variety of low water use and deciduous and evergreen trees and shrubs and flowering plant species. 3. Buildings adjacent to streets shall be buffered by landscaped areas at least 10 feet in width, except in the Ashland Historic District and Detail Site Review Zone. Outdoor storage areas shall be screened from view from adjacent public rights-of- way, except in M-1 zones. Loading facilities shall be screened and buffered when adjacent to residentially zoned land. 4. Irrigation systems shall be installed to assure landscaping success. 5. Efforts shall be made to save as many existing healthy trees and shrubs on the site as possible. The proposed landscaping plans were completed by a local professional Landscape Architect with the intent to provide for an attractive landscaped site that also complies with the landscaping standards. All landscaping will be installed by a licensed local landscaping company familiar with the above coverage requirements. Note: It should be clearly understood that as a subdivision with common area platted, planned, owned and maintained under the ownership of the remaining six lot owners, the common area's open space, landscaping and parking lot landscaping is equally owned and equally allocated to each building lot so that each lot already meets its minimum landscaping requirements required in the C-1 zone. Ownership allocations for landscaping, parking, etc., will be memorialized within the subdivision's owner association documents which will be submitted prior to recordation of the final plat. 11-C-1d) Parking 1. Parking areas shall be located behind buildings or on one or both sides. 2. Parking areas shall be shaded by deciduous trees, buffered from adjacent non- residential uses and screened from non-residential uses. Parking is located to the rear and under the proposed building. All surface parking areas have a number of landscaping areas that include shade trees and are buffered and screened by adjacent residential properties. i 11-C-1e) Designated Creek Protection 1. Designated creek protection areas shall be considered positive design elements and incorporated in the overall design of a given project. 2. Native riparian plan materials shall be planted in and adjacent to the creek to enhance the creek habitat. Page 33 of 50 Not applicable. There is no creek associated with the subject property. 11-C-1f) Noise and Glare Special attention to glare (AMC 18.72.110) and noise (AMC 9.08.170(c) & AMC 9.08.175) shall be considered in the project design to insure compliance with these standards. The proposed uses permitted in this zone (restaurant, office, retail, residential, etc.) will not generate noise beyond what is legally permitted. The applicants are proposing under canopy lights, strategically located wall lights and pedestrian scale light bollards designed to comply with Section 18.72.110. 11-C-1 g) Expansions of Existing Sites and Buildings For sites which do not conform to these requirements, an equal percentage of tlhe site must be made to comply with these standards as the percentage of building expansion, e.g., if a building area is expanded by 25%, then 25% of the site must be brought up to the standards required by this document. The site is unique as its common parking area, public sidewalks, infiastructure, etc. were essentially installed by previous owners who lost the property through foreclosure, but generally completed the subdivision's improvements and all Planning Commission conditions of approval. Nevertheless, the applicants are aware the sidewalk standards along Lithia have been increased from 13' to 15' and therefore additional sidewalk will be installed along the frontage prior each building's Certificate of Occupancy in order to comply with the standard, but also not to damage the sidewalk during building construction. 11-C-2 Detail Site Review I1-C-2a) Orientation and Scale 1. Developments shall have a minimum Floor Area Ratio (FAR) of .50. Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum FAR. Projects including existing buildings or vacant parcels of a half an acre or greater in size shall achieve the required minimum FAR, or provide a shadow plan that demonstrates how development may be intensified over time to meet the required minimum FAR. The overall site is 1.44 acres in area with a minimum FAR of .5 or .77 acres of the subject property (31,363 square feet). The proposed building, excluding basement area, is 18,532 square feet. In addition, the proposed plaza area, considered floor area per SD&US I1-C-2a, consists of 5,794 square feet for a total FAR of .38. However, as each remaining lot represents "at least" a single level building (i.e. shadow plan), the FAR at a minimum would be .69 (roughly 43,497 additional square feet). Note: The applicants contend the FAR is likely to be closer to .95 at full build-out as its highly likely Lots #2 and #3 will have two or more stories. Page 34 of 50 2. Building frontages greater than 100 feet in length shall have offsets, jogs, or have other distinctive changes in the building facade. Not applicable as the front facade is only 84 feet wide. However, the building does have distinctive changes in the building facade as regulated by the Downtown Design Standards, Section VI-C. The architecture incorporates a number of distinctive elements such as a pronounced entrance, windows, vertical pilasters and horizontal bands. 3. Any wall which is within 30 feet of the street, plaza or other public open space shall contain at least 20% of the wall area facing the street in display areas, windows, or doorways. Windows must allow view into working areas or lobbies, pedestrian entrances or displays areas. Blank walls within 30 feet of the street are prohibited. Up to 40% of the length of the building perimeter can be exempted for this standard if oriented toward loading or service areas. The proposed building has its walls, windows and doors within 20' of the Lithia Way right-of-way and is directly abutting the sidewalk and 15' back from the sidewalk's curb. The west elevation faces the common plaza area and the pedestrian path. The submitted elevations show how both elevations have display windows and doors complying with the above standard. i I 4. Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to entrances. As illustrated with the elevation: plans, the proposed building provides for various recessed and projecting architectural details, changes in materials as well as surface material changes to give emphasis to the entrance and architectural interest to the building. 5. Infill or buildings, adjacent to public sidewalks, in existing parking lots is encouraged and desirable. The proposed building is pant of a master planned subdivision attempting to line Lithia Way with attractive buildings along the sidewalk that encourage pedestrian activity and streetscape interest. The overall vision of the plan was to create a "main street" facade similar to buildings found along the Plaza and East Main Street. 6. Buildings shall incorporate arcades, roofs, alcoves, porticoes, and awnings that protect pedestrians from the rain and sun. The proposed design incorporates covered entrances and fixed horizontal canopies providing rain and sun protection to pedestrians. II-C-2b} Strectscape Page 35 of 50 1. Hardscape (paving material) shall be utilized to designate "people" areas. Sample materials could be unit masonry, scored and colored concrete, grasserete, or combinations of the above. The plaza areas and sidewalk paths will have scored and colored concrete designating "people" areas. 2. A building shall be setback not more than 5 feet from a public sidewalk unless the area is used for pedestrian activities such as plazas or outside eating areas, or for a required public utility easement. This standard shall apply to both street frontages on corner lots. If more than one structure is proposed for a site, at least 65% of the aggregate building frontage shall be within 5 feet of the sidewalk. i The proposed building is directly behind the sidewalk as required by the Downtown Design Standards. The previous application approvals required a 20' setback which was recently revised with the Pedestrian Places ordinance. As such, 100% of the front facade abuts the sidewalk. II-C-2c) Buffering and Screening 1. Landscape buffers and screening shall be located between incompatible uses on an adjacent lot. Those buffers can consist or either plant material or building materials and must be compatible with proposed buildings. 2. Parking lots shall be buffered from the main street, cross streets and screened from residentially zoned land. The proposal complies with the above standard as the common parking lot has perimeter landscaping buffers designed as a part of the subdivision's master plan. In addition, there is an existing 6-8' cinderblock wall between the neighboring residential property to the east. Further, the subject building is approximately 80' from the nearest residential property line (R-2 zone). E I II-C-2d) Building Materials 1. Buildings shall include changes in relief such as cornices, bases, fenestration, fluted masonry, for at least 15% of the exterior wall area. The submitted elevations show a building facade with changes in relief greater than 15% of the exterior wall area. Refer plans for architectural details. 2. Bright or neon paint colors used extensively to attract attention to the building or use are prohibited. Buildings may not incorporate glass as a majority of the building skin. The proposed colors for the building will be primarily earth tone colors. The majority of the building's skin will be brick and concrete. Refer to plans for architectural details. Page 36 of 50 II-C-3 Additional Standards for Large Scale Projects II-C-3a) Orientation and Scale 1. Developments shall divide large building masses into heights and sizes that relate to human scale by incorporating changes in building masses or direction, sheltering roofs, a distinct pattern of divisions on surfaces, windows, trees, and small scale lighting. The proposed building design incorporates elements to the fagade that are articulating and within a human scale. 2. Outside of the Downtown Design Standards Zone, new buildings or expansions of existing buildings in the Detail Site Review Zone shall conform to the following standards: a. Buildings sharing a common wall or having walls touching at or above grade shall be considered as one building. b. Buildings shall not exceed a building footprint area of 45,000 square feet as measured outside of the exterior walls and including all interior courtyards. For the purpose of this section an interior courtyard means a space bounded on three or more sides by walls but not a roof. c. Buildings shall not exceed a gross floor area of 45,000 square feet, including all interior floor space, roof top parking, and outdoor retail and storage areas, with the following exception: Automobile parking areas located within the building footprint and in the basement shall not count toward the total gross floor area. For the purpose of this section, basement means any floor level below the first story in a building. First story shall have the same meaning as provided in the building code. E d. Buildings shall not exceed a combined contiguous building length of 300 feet. Not applicable as the proposed building is within the Downtown Design Standards zone. Inside the Downtown Design Standards Zone, new buildings or expansions of existing buildings shall not exceed a building footprint area of 45,000 square feet or a gross floor area of 45,000 square feet, including roof top parking, with the following exception: ' Automobile parking areas locate within the building foot print and in the basement shall not count toward the total gross floor area. For the purpose of this section, basement means any floor level below the first story in a building. First story shall have the same meaning as provided in the building code. Page 37 of 50 The proposed three-story building does include a basement garage area and thus the total gross floor area of the building is 18,532 square feet. 3. Buildings not connected by a common wall shall be separated by a distance equal to the height of the tallest building. If buildings are more than 240 feet in length, the separation shall be 60 feet. The remaining parcels are expected to develop in accordance with the Downtown Design Standards and build to their respective property lines creating a continuous fagade of buildings. Although the application complies with this standard, the standard itself conflicts with the intent of the Downtown Design Standards and the existing building format found in the Downtown and in many ways is more of a suburban design principle. II-C-3b) Public Spaces 1. One square foot of plaza or public space shall be required for every 10 square feet of gross floor area. The gross floor area of the building, excluding basement, is 18,532 square feet requiring 1,853 square feet of plaza space. As noted on Sheet AI, the lot and subdivision include a total of 5,044 square feet of plaza space which is intended to not only meet the current building's plaza requirements, but also all future buildings that are subject to the Large Scale Design Standards. 2. A plaza or public spaces shall incorporate at least 4 of the 6 following elements; a. Sitting Space - at least one sitting space for each 500 square feet shall be included in the plaza. Seating shall be a minimum of 16 inches in height and 30 inches in width. Ledge benches shall have a minimum depth of 30 inches. b. A mixture of areas that provide both sunlight & shade. c. Protection from wind by screens and buildings. d. Trees - provided in proportion to the space at a minimum of 1 tree per 500 square feet, at least 2 inches in diameter at breast height. 3 e. Water features or public art. f. Outdoor eating areas or food vendors. The proposed plaza space(s) do incorporate at least 4 of the 6 elements listed above. Specifically, there will be a number of sitting areas throughout the subdivision including the large plaza area west of Building #I, the pedestrian way extending through the building and the area directly east of lot #5, Further, although not part of the application, additional seating will be available along the Lithia Way sidewalk due to its expanded Page 38 of 50 width and the nature of the synergistic environment the applicants desire to create (i.e., sidewalk dining, window displays, etc.). The plaza spacc(s) also incorporates areas that provide both sunlight and shade opportunities, protection from wind, trees and outdoor eating areas. Public ail has yet to be explored, but the applicants are open to dialogue with the Ashland Public Arts Commission once the project is completed and spaces are less two-dimensional, Nevertheless, the project complies with the above plaza standards. II-C-3c) Transit Amenities Transit amenities, bus shelters, pullouts, and designated bike lanes shall be required in accordance with the City's Transportation Plan and guidelines established by the Rogue Valley Transportation District. i There is a bus shelter and pull-out along Lithia Way just south of the post office, within approximately 200' from the subject property. There are no plans to relocate the shelter according to the City's Transportation Plan. II-C-3d) Recycling Recycling areas shall be provided at all developments. Trash and recycling facilities are to be located within the building's basement as identified on Sheet A2. II-D PARKING LOT LANDSCAPING & SCREENING STANDARDS All parking lots, which for purposes of this section include areas of vehicle maneuvering, parking, and loading, shall be landscaped and screened as follows: i I II-D-1) Screening at Required Yards 1) Parking abutting a required landscaped front or exterior yard shall incorporate a sight obscuring hedge screen into the required landscaped yard. 2) The screen shall grow to be at least 36 inches higher than the finished grade of the parking area, except for required vision clearance areas. 3) The screen height may be achieved by a combination of earth mounding and plant materials. 4) Elevated parkingiots shall screen both the parking lot and retaining wall. The project's parking area will be screened from the adjacent rights-of-way by future buildings and landscaping. II-D-2) Screening Abutting Property Lines Page 39 of 50 Parking abutting a property line shall be screened by a 5' landscaped strip. Where a buffer between zones is required, the screening shall be incorporated into the required buffer strip and will not be an additional requirement. The property abutting the rear property is screened by a minimum 5' landscape strip. II-D-3) Landscape Standards: 1) Parking lot landscaping shall consist of a minimum of 7% of the total parking area plus a ratio of I tree for each seven parking spaces to create a canopy effect. Approximately 7.8% of the parking area consists of landscaping with approximately three trees per seven parking spaces to provide parking lot shading. 2) The tree species shall be an appropriate large canopied shade tree and shall be selected from the street tree list to avoid root damage to pavement and utilities, and damage from droppings to parked cars and pedestrians. The proposed parking lot trees and their placements have been chosen by a professional Landscape Architect with the intent to provide shade and a canopy effect over parked automobiles. All trees were chosen from the City's adopted street tree list which includes a variety of tree species recommended for parking lots and urban environments. 3) The tree shall be planted in a landscaped area such that the tree bole is a least 2 feet from any curb or paved area. All trees to be planted near a hard surface area will be setback at least 2'. All landscaping will be installed by a licensed local landscaping company familiar with the above standard. 4) The landscaped area shall be planted with shrubs and/or living ground cover to assure 50% coverage within 1 year and 90% within 5 years. i The proposed parking lot landscaping plans were completed by a professional landscape architect with the intent to provide for an attractive landscaped site that also complies with the above standard. All landscaping will be installed by a licensed local landscaping company familiar with the above coverage requirements. 5) Landscaped areas shall be evenly distributed throughout the parking area and parking perimeter at the required ratio. The submitted landscape plan shows the parking lot landscaping being evenly distributed throughout the parking lot. All landscaping will be installed by a licensed local landscaping company familiar with the above standard. Page 40 of 50 i 6) That portion of a required landscaped yard, buffer strip or screening strip abutting parking stalls may be counted toward required parking lot landscaping but only for those stalls abutting landscaping as long as the tree species, living plant material, coverage and placement distribution criteria are also met. Front or exterior yard landscaping may not be substituted for the interior landscaping required for interior parking stalls. The project complies with the above standard. H-D-4 Residential Screening Parking areas adjacent to residential dwellings shall be setback at least S feet from the building, and shall provide a continuous hedge screen. Not applicable as the proposed parking is located below the grade of the residential units and near the basement. Nevertheless, the parking is at least S' from the building. VI DOWNTOWN DESIGN STANDARDS: VI-A) Height 1) Building height shall vary from adjacent builds, using either "stepped" parapets or slightly dissimilar overall height to maintain the traditional "staggered" streetscape appearance. An exception to this standard would be buildings that have a distinctive vertical division/facade treatment that "visually" separates it frown adjacent building. At this time, there are no other "adjacent" buildings to compare this standard to. However, considering the applicants and project consultants have been involved with the subdivision's master plan, the intent of this standard is clearly understood. Nevertheless, the design of the building with the incorporation of the third story recessed balconies, gives an indication of a stepped or staggered roof line. 2) Multi-story development is encouraged in the downtown. The proposed building is three stories with commercial space on the first and second floors and residential space on the third floor. VI-B) Setback 1) Except for arcades, alcoves and other recessed features, buildings shall maintain a zero setback from the sidewalk or property line. Areas having public utility easements or similar restricting conditions shall be exempt from this standard This standard is being met as the building extends to the adjoin lot lines except where plaza spaces exist. Page 41 of 50 i F 2) Ground level entries are encouraged to be recessed from the public right-of-way to create a "sense of entry" through design or use of materials. The proposed building sits directly back sidewalk and 15' from the curb. The building's ground level entrance has been enhanced not only by architectural building elements, but also surface details creating a "sense of entry" into the building. 3) Recessed or projection balconies, verandas or other useable space above the ground level on existing and new buildings shall not be incorporated in a street facing elevation. The applicants are requesting an exception to this standard (not a Variance) for a variety of reasons, but first and foremost for livability and secondly, architectural interest. The justification and criteria for an exception to the Downtown Design Standards is as follows; VI H) Exception to Standards: An exception to the Downtown Design Standard is not subject to the Variance requirements of Section 18.100 of the Ashland Municipal Code and maybe granted with respect to the Doivntotvrt Design Standards if all the follolving circumstances are foun& 1) There is demonstrable difficulty in meeting the specific requirements of this Chapter due to a unique or unusual aspect of the site, an existing structure or proposed use of the site; In 1998 when the Downtown Design Standards were written and its accompanying map adopted, the 24' setback requirement for this section of Lithia Way was not intended to be applied in the Downtown Design Standards Zone as evidenced within the many other standards and exhibits (see Downtown Design Standards Overlay Map; Downtown Design Standards Sections VI-A #1; VI-B #1, #2 and #3; VI-D #1 and #6; VI-F #1 and Illustrations #2, 45, and #11). Nevertheless, there are a number of these Standards that conflict with the setback provision making the site unique when compared to the main street buildings on the south side of Lithia Way, East Main Sheet or the Plaza and thus creating the opportunity for a slightly modified "main street" design, 2) There is demonstrable evidence that the alternative design accomplishes the purpose of the Downtown Design Standards and Dofvntofvn Plan in a manner that is equal or superior to a project designed pursuant to this Standard or historical precedent; The applicants believe the proposed architecture accomplishes the purpose of the Downtown Design Standards and Downtown Plan as the two balconies do not overwhelm the building's architecture, but instead compliment it. In addition, the balconies provide Page 42 of 50 an opportunity to create an "off-set" or "stepped" appearance as desired above in Section VI-A (Height). 3) The eviception requested is the mini►num necessary to alleviate the diffrcult3P of ineetiug the Doyvtitorvn Design Standards. Considering the small size of the balconies, the exception requested is the minimum necessary to alleviate the difficulty of meeting the Downtown Design Standards and at the same time create an "off-set" or "stepped" appearance as desired by the Standards without exceeding the maximum permitted building height. Overall, because of the additional 20' setback, the applicants contend the building's architectural character is enhanced by the balconies and provide a small opportunity for the tenants to have some outdoor space for occasional dining and recreation and thereby enhancing their urban living experience. Finally, the applicants believe the best illustration of this type of flexibility is identified within Illustration #11 of the Downtown Design Standards which also shows how a small recessed balcony does not "dramatically deviate" from the downtown's existing context. VI-C) Width 1) The width of a building shall extend from side lot line to side lot line. An exception to this standard would be an area specifically designed as plaza space, courtyard space, dining space or rear access for pedestrian walkovays. The width of the building extends from side property line to side property line with an enclosed breezeway for pedestrian access extending from the front of the building to the rear parking area. 2) Lots greater than 80' in width shall respect the traditional width of buildings in the downtown area by incorporation a rhythmic division of the facade in the building's design. The building's architecture clearly attempts to add vertical interest to the building in an attempt to create a rhythmic division in the facade. The best example of this is the Enders Building (Columbia Hotel) on East Main Street where the building's width is 100' wide, but there are various divisional elements (recessed bay windows and additional doors) E creating the sense of multiple storefronts and property lines. i NOTE: Although not visible from the elevations or floor plans, the Architect has designed the building's front bays to allow for future remodeling in order to create a separate space similar to the Enders Building. VI-D) Openings 1) Ground level elevations facing a street shall maintain a consistent proportions of Page 43 of 50 transparency (i.e., windows) compatible with the pattern found in the downtown area. The Lithia Way elevation has storefront windows similar in size to other storefront widows found in the Downtown. The proposed building provides transparent storefront windows and doors on the ground level facing Lithia Way. The store front windows provide pedestrians the opportunity to view products on display or other activities inside the building. This opportunity works vice versa allowing tenants of the building to share in the active street environment Ashland's Downtown Design Standards attempts to create. 2) Scale and proportion of altered or added building elements, such as the size and relationship of new windows, doors, enhances, columns and other building features shall be visually compatible with the original architectural character of the building. Not applicable as the building is new, 3) Upper floor window orientation shall primarily be vertical (height greater than width). The second and third floor windows are primarily vertical with their height being greater than their width with the exception of the third floor's center bay windows where proportionally the windows correctly align with the established symmetrical pattern. 4) Except for transom windows, windows shall not break the front plane of the building. The second and third floor windows are casement windows that only open "into" the building and thereby not break the front plane of the building. I 5) Ground level entry doors shall be primarily transparent. The building's ground level entrance doors will be primarily made of glass. The doors will be transparent allowing visibility into the building. j G) Windows and other, features of interest to pedestrians such as decorative columns or decorative corbeling shall be provided adjacent to the sidewalk. Blank f walls adjacent to a public sidewalk is prohibited. The building's architecture provides for a variety of architectural interest such as the variation and play in brick detailing and symbols, use of materials and windows. The building will have transparent storefront windows and doors on the ground level facing Lithia Way as well as the common open space and the pedestrian pathway, VI-E) Horizontal Rhythms Page 44 of 50 1) Prominent horizontal lines at similar levels along the street 's street front shall be maintained As mentioned above, the proposed building has a traditional commercial storefront character without attempting to mimic any one building or architectural theme found in the Downtown area. The submitted elevations show a mixed-use building with prominent horizontal lines. 2) A clear visual division shall be maintained between ground level floor and upper floors. The proposed building elevation shows a clear visual division between the ground floor and two upper floors. The division is created due to the horizontal elements such as the base, alignment of windows, marquee, middle band and metal coping line. I 3) Buildings shall provide a foundation or base, typically froin ground to the bottom of the lower window sills, with changes in volume or material, in order to give the building a "sense of strength". The proposed building incorporates a "base" giving the building a "sense of strength". The material proposed for the base will be concrete with ceramic tile. VI-F) Vertical Rhythms 1) New construction or storefront remodels shall reflect a vertical orientation, either through actual volumes or the use of surface details to divide large walls, so as to reflect the underlying historic property lines. As noted previously, the building's architecture clearly attempts to add vertical interest to the building in an attempt to create a rhythmic division in the facade. The best example of this is the Enders Building (Columbia Hotel) on East Main Street where the building's width is 100' wide, but there are various divisional elements (recessed bay windows and additional doors) creating the sense of multiple storefronts and property lines, In addition, the project's Plaza plan shows surface improvements that align with the building's pilasters enhancing the building's vertical detailing. 2) Storefront remodeling or upper-story additions shall reflect the traditional structural system of the volume by matching the spacing and rhythm of historic openings and surface detailing. Not applicable as the proposed building is new. VI-G) Roof Forms Page 45 of 50 1) Sloped or residential style roof forms are discourage(] in the downtown area unless visually screened for the right-of-way by either a parapet or a false front. The false front shall incorporate a well defined cornice line or "cap" along all primary elevations. The elevation drawings show a parapet wall with a defined "cornice" consistent with other buildings found in the Downtown area. VI-H) Materials 1) Exterior building materials shall consist of traditional building materials found in the downtown area including block, brick, painted wood, smooth stucco, or natural stone. l All materials to be used are consistent with traditional building materials including brick, cement, steel, plaster, aluminum and glass, 2) In order to add visual interest, buildings are encouraged to incorporate complex "paneled" exteriors with columns, framed bays, transoms and windows to created multiple surface levels. I The proposed design incorporates multiple surface materials for added visual interest as well as framed bays, recessed and projecting brick details, transom windows, storefront windows, etc, i VI-I) Awnings, Marquees or Similar Pedestrian Shelters t 1) Awnings, marquee or similar pedestrian shelters shall be proportionate to the building and shall not obscure the building's architectural details. If mezzanine or transom windows exist, awning placement shall be placed below the mezzanine or transom windows where feasible. The proposed design incorporates awnings that are proportionate to the building and do not obscure the building's architectural details or windows. 2) Except for marquees - similar pedestrian shelters such as awnings shall be placed between the pilasters. The proposed building incorporates awnings between pilasters and thereby respecting the vertical and horizontal planes of the building's architecture. 3) Storefronts with prominent horizontal lines at similar levels along the street's streetfront shall be maintained by their respective sidewalk coverings. The proposed design incorporated awnings that are at similar levels and are not overwhelming to the building's prominent horizontal features. Page 46 of 50 VI-J) Other 1) Non-street or alley facing elevations are less significant than street facing elevations. Rear and sidewalls of buildings should therefore be fairly simple, i.e., wood, block, brick, stucco, cast stone, masonry clad, with or without windows. The rear elevation is relatively simple compared to the Lithia Way fagade. However, the fayade's design maintains a respectful appearance as it is visible from adjacent neighbors and the parking lot. In addition, considering the location of the site, its welcoming pedestrian pattern and the likely high volume of pedestrian activity, the design incorporates rear third story rear balconies that provide a "sense of security" for pedestrians, customers, tenants and employees accessing to and through the site. 2) Visual integrity of the original building shall be maintained when altering or adding building elements. This shall include such features as the vertical lines of columns, piers, the horizontal definition of spandrels and cornices and, and other primary structural and decorative elements. Not applicable as the property is currently vacant. 3) Restoration, rehabilitation or remodeling projects shall incorporate, whenever possible, original design elements that were previously removed, remodeled or covered over. I Not applicable as the property is currently vacant. 4) Parking lots adjacent to the pedestrian path are prohibited (Refer to Design and Use Standards, Section 11-D, for Parking Lot Landscaping and Screening Standards). An exception to this standard would be paths required for handicapped accessibility. The project does exactly what this standard is attempting to create; replace unattractive surface parking lots with attractive buildings along the sidewalk that encourage pedestrian activity. 5) Pedestrian amenities such as broad sidewalks, surface details on sidewalks, arcades, alcoves, colonnades, porticoes, awnings, and sidewalk seating shall be provided where possible and feasible. The proposed building virtually incorporates all of these elements. 6) Uses which are exclusively automotive such as service stations, drive-up windows, auto sales, and tire stores are discouraged in the downtown. The city shall use its discretionary powers, such as Conditional Use Permits, to deny new uses, although improvements to existing facilities may be permitted. Page 47 of 50 i The proposal does not include any uses that are automotive in nature or would require a Conditional Use Permit. The planned uses for the building include professional offices and residential space. AMC 18.61 TREE PRESERVATION & PROTECTION 18.61.042 Approval & Permit Required A person who desires to remove a tree, not other-ivise exempted in 18.61.035, shall first apply for and receive one of the following tree removal permits before tree removal occurs: NOTE: No trees are proposed to be removed with this application. The 2007 application did include a total of four trees to be removed which eventually were removed as pant of i the site's current improvements. Nevertheless, the current application does propose to replace the trees as previously agreed upon, 18.61.084 Mitigation Required An applicant may be required to provide mitigation for any tree approved for removal. The mitigation requirement shall be satisfied by one or more of the following: A. Replanting on site. The applicant shall plant either a minimum 1 %-inch caliper healthy and well-branched deciduous tree or a 5-6 foot tall evergreen tree for each tree removed. The replanted tree shall be of a species that will eventually equal or exceed the removed tree in size if appropriate for the new location. The tree E shall be planted and maintained according to the specifications in the City Tree Planting and Maintenance Guidelines as approved by the City Council. As stated above, the current applicants will agree to replace the four trees that were removed with the previous application with 40+ new trees to be planted within and around the site. The replacement tree density and canopy will be far superior compared to the then current tree density and canopy. The proposal includes a variety of trees that will be appropriate to the site and mature overtime due to their type, placement, and planting methods. B. Replanting off site. If in the City's determination there is insufficient available space on the subject property, the replanting required in subsection A shall occur on other property in the applicant's ownership or control within the City, in an open space tract that is part of the same subdivision, or in a City owned or dedicated open space or park. Such mitigation planting is subject to the approval of the authorized property owners. If planting on City owned or dedicated property, the City may specify the species and size of the tree. Nothing in this section shall be Page 48 of 50 construed as an obligation of the City to allow trees to be planted oil City owned or dedicated property. Applicant is not proposing to replant trees off site but is proposing to plant trees on-site as described in Section 18,61.084 A. above. C. Payment in lieu of planting. If in the City's determination no feasible alternative exists to plant the required mitigation, the applicant shall pay into the tree account an amount as established by resolution of the City Council. Applicant is proposing to plant 40+ new trees on site as described in Section 18.61.084 A. above, 18.61.200 - Tree Protection Applicant intends to protect all remaining trees on the site following the guidelines listed below. Tree Protection as required by this section is applicable to any planning action or building permit. A. Tree Protection Plan Required. See attached Tree Protection plan, Sheet Ll. All requirements noted in Section 18.61.200 A. are noted on the plan. All of the sites trees will be protected during construction, specifically the 10" Maple Tree located between the City parking lot and Building #1. No physical development or excavation activities shall commence prior to installing and maintaining tree protection measures. Applicant will follow City requirements as well as the tree protection measures outlined by the attached Tree Protection and Tree Removal plan, B. Tree Protection Measures Required. Applicant understands and agrees with the Tree Protection Measures listed in 18.61.200 B. Also, applicant agrees to adhere to the tree protection plan as outlined in the attached tree protection plan supplied by Galbraith & Associates. E E C. Inspection. The applicant shall not proceed with any construction activity, except installation of erosion control measures, until the City has inspected and approved the installation of the required tree protection measures and a building and/or grading permit has been issued by the City. Applicant understands and agrees to abide by Section 18.61.200 C. Method of Financing: The project will be financed with a conventional mortgage package from a local commercial lender. Remaining site improvements will begin Page 49 of 50 after completion of construction drawings and city permit review. It is anticipated that construction will be completed within one year of approval. ,ill Page 50 of 50 a ECT . No~~ " NO'dN'd1HSV AVM VIHlI-1 5LL :SS3?JOOV 1°3f021d 0 _n'SH3NiUVd3OVldlS =1 :M3NAAO 0 3 r z~ o EwN~oB w a w o y °a ~N. mpg wdv~ L 10-1 - NOISY I(isnS 30V-1d 1S2AU tN Q 30V 1SZJId ~ E E y5~ I - ~ " ~ n M1tlM3aIS O.e 131 I ` LL NMd 3115 03'J2JtliN3210d EV'1H533S AL 4 8 I ~ ~ 1 ~ w~LL I r Z Z4°1M VaJ tgnNyy N rv A $ E' ~ Q a I a ~W~$^m 1 3 ~ I' ~ ~ ~ ~ ~y I ~ ~ wo / I Q o~ o o III ~ _ 1 ~ ~S~E ~ I F 00 "M< KJ 1I Q.Q 000000 O w% W I n ~ I''-'~ ~ d~o4 I ~ I I i3S e~~o vi o ~ ~ E 1 I w o wj J. a o zo »wi O 1 i z -46 w "5 LL= - - o z 10 0- g J n I- O 4] Egg., r 1 ~a I s 1 ? 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YES X NO Street Address 165 -176 Lithia Way Assessor's Map No. 391E 09BA Tax Lotfs310100 11609 11701 and 15000 Zoning C 1 Comp Plan Designation Commercial APPLICANT i Name --_First Place Partners Phone 541-210-0469 1.%!l randyCa.maharhomes.com Address 815 Alder Creek Drive City Medford Zip 97504 PROPERTY OWNER Name First Place Partners Phone 541-2110-0469 _E-Mail randy@maharhomes.com v- Address 815 Alder Creek Drive City Medford Zip 97504 SURVEYOR, ENGINEER, ARCHITECT LANDSCAPE ARCHITECT, OTHER Title see attached Name Phone E-Mail Address City Zip Tif[e Name Phone E-Mail i Address city Zip f hereby certify that the statements and information contalnedfn this application, Including the enclosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the silo Inspection, In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish., 1) that l produced sufficient factual evidence at the hearing to support this request; 2) that the findings offactfumished justiflas the granting of the request; 3) thattho findings of fact furnished by me are adequate; and further 4) that all structures orimpravements ere property located on the ground. I Failure in this regard Off 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 f be removed at my expense. It I have any doubts, t am advised to seek competent professtonal advice and assistance. ' iR' i G ~C 7 L LLC 8 2 3 .Z r : Applicant's 5lgnatur klzcl~ As owner of the property involved in fhls requ t, t h e read and understood the complete application and ifs consequences tome as a property awry ~7E2 T ~c~4- ,~rr~r~5, LL~r ~ Z 3 I ~ F, Property Owner's S' nat a (required) Date is ! rrobecgmpsek WQ1Sw] Date Received Zoning Permit Type Filing Fee OVER 0 F GSBoaunerl5 aid SeULm_,flSusielLCCa1 Seging5lTarspordryinltrstct File54Co~tet~t4rtl4ok1R3Af.7ZYC12quing Pe,mil .lpplltatign,doc ;Fx~'; (1i VA Job Address: 175 LITHIA WAY Contractor: ASHLAND,OR 97520 Address; A C P Owner's Name: FIRST PLACE PARTNERS O Phone; Customer 06919 N State Lie No; P FIRST PLACE PARTNERS T - City Lie No; L Applicant: 485 W NEVADA ST R Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: (541) 210-0459 T Address: N Applied: 08/0312012 0 T Issued: R Expires; 01130/2013 Phone: State Lie No: Maplot: 391 E09BA10100 City Lie No: DESCRIPTION; Commercial Site Review Preliminary Plat 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 Outline Plan Subdivisions 2,630.00 Commercial Site Review (type2) 13,038.86 CONDITIONS OF APPROVAL I i i COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 mmashland.or.us CITY OF Inspection Request Line: 541-552-2080