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HomeMy WebLinkAboutSiskiyou_1729_PA-2013-00129 CITY OF March 12, 2013 ASHLAND Stuart Smith, AIA PO Box 130 Talent, OR 97540 RE: Planning Action #2013-00129 Notice of Final Decision On March 11, 2013, the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: PLANNING ACTION: PA-2013-00129 SUBJECT PROPERTY: 1729 Siskiyou Boulevard OWNER: Ben Pazzira (Siskiyou Cyclery) APPLICANT: Stuart Smith, AIA (agent for owner) DESCRIPTION: A request for Site Review Permit approval to allow a 2,080 square foot commercial addition to the existing bicycle shop building located at 1729 Siskiyou Boulevard. The application also includes a request for an Exception to the Site Design and Use Standards to allow the placement of the required disabled person parking space between the building and the street. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 39 lE 15 AB; TAX LOT: 3303 The Staff Advisor's decision becomes final and is effective on the 13th day after the Notice of Final Decision is mailed. Prior to the final decision date, anyone who was mailed this Notice Of Final Decision may request a reconsideration of the action by the Staff Advisor as set forth in the Ashland Land Use Ordinance (ALUO) 18.108.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO 18.108.070(B)(2)(c). An appeal may not be made directly to the Land Use Board of Appeals. Oregon law states that failure to j raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to LUBA on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at no cost at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. If you have any questions regarding this decision, please contact the Community Development Department between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305. cc: Siskiyou Cyclery, Parties of record, and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541.488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland,or,us ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2013-00129 SUBJECT PROPERTY: 1729 Siskiyou Boulevard OWNER: Ben Pazzira (Siskiyou Cyclery) APPLICANT: Stuart Smith, AIA (agent for owner) DESCRIPTION: A request for Site Review Permit approval to allow a 2,080 square foot commercial addition to the existing bicycle shop building located at 1729 Siskiyou Boulevard. The application also includes a request for Exception to the Site Design and Use Standards to allow the placement of the required disabled person parking space between the building and the street and to allow a reduction in the landscaped area. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 391E 15 AB; TAX LOT: 3303 SUBMITTAL DATE: January 30, 2013 DEEMED COMPLETE DATE: February 12, 2013 STAFF APPROVAL DATE: March 11, 2013 DEADLINE TO APPEAL (4:30 p.m.): March 25, 2013 FINAL DECISION DATE: March 26, 2013 APPROVAL EXPIRATION DATE: March 26, 2013 DECISION In reviewing the history of applications for the subject property, staff noted the following: o In January of 2008, the Planning Commission approved Planning Action #2007-02104, a request for Site Review approval for a commercial addition onto the existing bicycle shop building at 1725 Siskiyou Boulevard. The request included an Administrative Variance to the Site Design and Use Standards to allow the proposal to exceed the maximum floor area ratio (F.A.R.). This addition was never constructed, and the 2007 Site Review approval has now expired. o In August of 1989, the Planning Commission approved Planning Action 0.9-115, a request for a Conditional Use Permit to allow the construction of nine residential townhouses in a commercial zone for the rear parcel at 1725 Siskiyou Boulevard. These units were constructed and remain on the flag lot to the rear. o In March of 1984 Planning Action #84-013, a request for a Site Review to allow an addition onto the bicycle shop at 1729 Siskiyou Boulevard, was administratively approved. o In September of 1980, the Planning Commission approved Planning Action #80-069, a request for a Variance. to allow for a one-year extension on the requirement to pave the flag drive and parking area for the rear parcel at 1725 Siskiyou Boulevard. o In August of 1980 Planning Action #80-064, a request for a Site Review to put a retail use in the existing building on the front lot at 1725 Siskiyou Boulevard, was administratively approved. o In July of 1980, the Planning Commission approved Planning Action #1980-049, a request for a Minor Land Partition to divide the existing lot at 1725 Siskiyou Boulevard into three lots, two in the front and a flag lot in the rear. The two front lots have subsequently been consolidated with PA #2013-00129 1729 Siskiyou Blvd./dds Page 1 Jackson County, and now have a single tax lot number (15 AB #3303) and address (1729 Siskiyou Boulevard). There are no other planning actions of record for this site. The subject property is located at 1729 Siskiyou Boulevard, on the north side of the street between Harmony Lane and Normal Avenue. The property is roughly rectangular with approximately 56 feet of frontage on Siskiyou Boulevard, and a depth of 98 feet. There is an existing bicycle shop (Siskiyou Cyclery) in place on the southeastern portion property. A second small commercial building was demolished just prior to the 2008 Site Review approval. The property is situated in front of a flag lot that contains a nine-unit townhome development, the Rose Court Condominiums, which was approved through a Conditional Use Permit in 1989 to allow residential development in a commercial zoning district. The flag drive serving these residences is shared by the subject property, and in addition to the right-of-way for use of the driveway, an agreement to allow the commercial lot fronting on Siskiyou Boulevard to use two of the parking spaces on the southwestern-most corner of the flag lot was also in place prior to the approval of the nine residential condominiums. The subject property and the townhomes on the flag lot behind it are both zoned Commercial (C-1), as are the adjacent apartments and the properties to the east and west. Across Siskiyou Boulevardto the southare lots zoned Single Family Residential (R-1-7.5). The subject property is approximately 7,645 square feet in area, and is relatively flat with an approximately four percent slope downhill to the north. There are seven trees on the subject property that are six-inches in diameter-at-breast-height (d.b.h.) or greater. These include five Leland Cypress of approximately eight-inches d.b.h. located to the west of the parking spaces at the rear of the existing building, a 13-inch d.b.h: Ponderosa Pinelocated between the existing building and the flag driveway, and a seven-inch d.b.h. Weeping Birch also located between the existing building and the driveway. These trees are all described as being healthy, and the applicant proposes to preserve and protect them and has.provided a Tree Protection/Preservation Plan endorsed by arborist Tom Myers of Upper Limb-It. The current application is a request for Site Review approval to allow a 2,080 square foot commercial addition to the existing bicycle shop building (Siskiyou Cyclery) located at 1729 Siskiyou Boulevard. This addition is shown as accommodating a potential retail or restaurant use. The application also includes a request for Exception to the Site Design and Use Standards to allow the placement of the required disabled person parking space between the building and the street and to allow a reduction in the required landscaped area. Commercial additions are subject to Site Review approval and compliance with all applicable criteria and standards described in. the Site Design and Use Chapter 18.72. The property is also located in the Detailed Site Review Overlay, so it is subject to Detailed Site Review Standards as well. Within the Detail Site Review Zone, an addition of this size is subject to a Type I procedure, allowing an administrative decision. Site Review Proposal Requirements of the C-1, Commercial Zoning District. The Commercial (C-1) zoningdistrict does not require standard setbacks from property lines unless a parcel abuts a residential zoning district. In this case, the subject parcel is entirely surrounded. by properties with commercial zoning. As a result, standard setbacks from property lines are not required. The property is located on an arterial street, and as such is subject to "Arterial Setback" requirements which require that the lesser of 20 feet or the width required to install standard sidewalk and parkrow PA #2013-00129 1729 Siskiyou Blvd./dds Page 2 improvements be provided as setbacks. In this instance, the existing Siskiyou Boulevard right-of-way is wide enough to accommodate city-standard sidewalks and parkrows and the applicants have proposed to provide them with the current request. No additional setback is required. In addition, Detail Site Review Zone requirements now call for the building to be placed no more than five feet from the property line, and the applicant's proposed placement complies with this requirements. The proposed building height is approximately 26.83 feet on the north elevation, which is under the maximum building height of 40 feet in the C-1 zoning district.The proposal will result in approximately 12 percent landscaping on-site, and an Exception has been requested because this is less than the 15 percent landscaping required for C-1 zoned properties in the Site Design and Use Standards. Site Design and Use Standards The project lies within the Detail Site Review Zone, so the application is subject to the Basic Site Review Standards for Commercial Development and Detail Site Review Standards. The proposed building appears to satisfy relevant Site Design criteria. The new building is oriented to the street, with all but one of the required parking spaces to be provided in the existing lot behind the buildings. The existing building and proposed addition result in a Floor Area Ratio (F.A.R.) for the site of approximately 54.9 percent, which exceeds the minimum 50 percent F.A.R. for the district. The required disabled person parking space is proposed for placement between the building and the street, and is discussed as an Exception below; all remaining required parking is to be provided in the existing paved parking area at the rear of the building. The building includes large windows in the front to allow views into the building and has a covered front porch to shelter pedestrians from the weather. The new addition is to be painted a more subdued color, and the existing bike shop is to be repainted to match. The applicant is also proposing to create a mini-plaza pedestrian space in pavers near the entry, as well as completing the disabled person parking space and aisle in pavers, and to add landscaping. Adeguacy of Public Facilities Utilities are available to serve the proposed building, as the site was previously developed. In reviewing the service needs and requirements of the proposal with the various utility departments, staff have noted the following: In consulting with the Electric Department, they noted that the applicant had started the electrical installation to serve the new addition a few years ago with the installation of conduit to accommodate separate services. The Electric Department has noted that if the service needs are substantially. more than a single-phase 200-amp service previously anticipated, then the applicant would need to develop a revised service plan in consultation with the Electric Department. The Building Department has also noted that if the properties are to be considered a single building on a single tax-lot, the electric service would need to be planned with grouped services with a single disconnect point, or alternatively if the buildings are to be treated as separate, there would need to be a full two-hour fire separation in place from the foundation up. A condition of approval has been included below to require that the applicants provide a final approved electric service plan addressing the requirements of the Electric and Building Departments prior to the issuance of building permits, and that the necessary electrical facilities be installed at the applicant's expense, inspected and approved prior to occupancy. During the 2008 Site Review approval and subsequent building permit review, there was some question as to' the location of the nearest public sewer line available for tie-in, and whether easements were available. There was also some question with regard to easements to allow drainage. The applicants have been made aware of these issues, and have been in discussions with the Public Works/Engineering Department about the possibility that they may need to cross Siskiyou Boulevard to provide connections PA #2013-00129 1729 Siskiyou Blvd./dds Page 3 to the new addition for water, sewer and storm water. A condition has been added below to require that final engineered utility plans be provided for review and approval of the Building, Planning and Public Works/Engineering Departments prior to the issuance of a building permit,. and that these plans clearly identify the locations of existing and proposed services and how/where new services are to tie-in, including evidence of any easements in place onto be acquired. City of Ashland Street Design Standards for a Boulevard require a minimum street frontage improvement eight-foot sidewalks and five-foot commercial hardscape parkrow planting strips with tree wells and grates. In addition, one street tree per 30 feet of property frontage is required. The trees must be from the City of Ashland Recommended Street Tree Guide, must be a minimum of 1.5-inch caliper, a minimum of eight feet in height, and planted according to city specifications. Street trees must be irrigated. The applicant has proposed to provide full frontage improvements with sidewalks and park rows with street trees. In response to concerns over parking impacts raised by neighbors, the applicant has also indicated they will provide parking bays to accommodate two parallel parking spaces along the. property frontage. A condition has been added below to require that the applicant provide revised frontage improvement plans illustrating the required city standard frontage improvements with the addition of the two parallel parking spaces for the review and approval of the Planning and Public Works Departments and the Oregon Department of Transportation prior to the issuance of a building permit. Exception to Allow Disabled Person Parking Space Between Building & Street Under Ashland's Basic Site Review Standards (II-C-1-d)1.), automobile parking and circulation are not allowed between a building and the right-of-way. As proposed, the applicant has requested an Exception to this standard in order to place the required disabled person parking space between the building and the street. The remaining required parking would be accommodated in the existing parking area behind the building. The difficult in providing the required disabled person parking space at the rear of the building is that due to site topography, parking at the rear of the building sits approximately seven feet below the sidewalk level at the front of the building. As a result, in the now-expired 2008 approval the applicants had proposed to place the disabled parking space at the rear of the building, with a nearly 100-foot ramp extending around the building on its west property line to the front entrance. The current proposal shifts the building nearer. still to the street, necessitating additional ramping and the applicants have requested an Exception to place the disabled space in front of the existing portion of the building and to surface the space and required loading aisle with pavers to minimize its appearance as parking and instead have it appear more as a pedestrian plaza when not in use for parking. In staff's view, the topography issue constitutes a demonstrable difficulty. The fact that the parking space is to be surfaced in pavers to appear more as a small pedestrian plaza, and will likely see minimal use for automobile parking, will mitigate the impact of having parking between the existing portion of the building and the street. In addition, the proposed site configuration will alleviate the need to provide extensive ramping and allow the new addition to be placed to the property line, improving the way the buildings on the site relate to the pedestrian corridor and meriting the requested Exception. Conditions have been added below to require that this space be installed in pavers as proposed by the applicants, and that an accessible route without obstructions such as steps be provided from the loading aisle to the building entrances. Exception to Landscaping Requirements Within the Commercial (C-1) district, there is no outright limitation on lot coverage, and coverage requirements are' instead driven by the Site Design and Use Standards which call for seven percent of PA #2013-00129 1729 Siskiyou Blvd./dds Page 4 , k parking areas, and 15 percent of the overall lot area, to be provided in landscaping. The initial application materials provided note that 18.35 percent of the site-is to be provided in landscape materials. However, in reviewing these materials, staff noted hardscape materials included as landscaping, including the paver area required for the accessible parking space loading aisle and a gravel walkway along the west property line. The applicant has provided revised calculations noting that the landscaping proposed is at 12 percent of the lot area, and an exception has been requested. The applicant also notes that they propose to install 252 square feet of additional landscaping in the access easement area near the driveway entrance and approximately 1,118 square feet of landscaping in the adjacent right-of-way, including the park row planting strip, and they note that if these areas were included in the landscaping calculations they would be providing approximately 30.3 percent of the lot area as landscaping. The applicant also notes that in addition to the plant material to be provided, they are providing an exterior deck, a permeable paver "mini-plaza", a covered walkway, and permeable paver treatment to the disabled person parking space and loading aisle to provide additional people friendly areas on the site. In considering the request, staff believe that there are unique circumstances associated with the site which pose a demonstrable difficulty in meeting the standard for the applicants in that the driveway and parking are provided via an easement and not under the applicant's control, and that a significant area in front of the building is either within ODOT right-of-way, or is owned by the Rose Court Condominium homeowners association, and as such the options available to the applicant in meeting the landscape standards while complying with other requirements to place the addition at the propert y line and meet the Floor Area Ratio requirements. Staff believes that the landscaping to be provided, in combination with the building improvements and hardscaped pedestrian friendly areas satisfy the requirements for an Exception. However, the landscaping proposed is limited largely to Kinnikinnick ground cover, and a condition has been added below that a revised landscaping plan be provided to include a greater variety of trees, shrubs and flowering plants to be consistent with the requirements of the Site Design and Use Standards. Rose Court Condominium Homeowners Association Letter (Parking Concerns) After receiving a Notice of Complete Application, the Rose Court Homeowners Association (which consists of the eight owners of the residences on the flag lot behind the subject property) submitted a letter with comments in opposition to the proposal. The letter notes that while the Homeowners Association is supportive of the applicant's expanding the building and improving the property, they believe the proposal will cause significant and unacceptable changes to the area's existing parking situation. The letter goes on to note that the existing head-in parking on Siskiyou Boulevard serves a combination of Siskiyou Cyclery customers, delivery vehicles and long-term parking of cyclists meeting for group excursions into the Ashland Watershed as well as providing for guest parking for those visiting the residents of the Rose Court condominiums. The letter explains that in addition to impacting the on-street parking on Siskiyou Boulevard, the proposal would shift the primary customer parking for Siskiyou Cyclery adding "unnecessary traffic and its associated noise to a quiet living area, and would place significant additional vehicle traffic on the driveway easement provided to Mr. Pazzira's business by Rose Court Condos. The additional traffic and associated wear and tear was not considered at the time the original easement was drafted." The Homeowners Association concludes with a request that the application be re-examined in light of the implications for parking along Siskiyou Boulevard, and asks that the city work, to preserve as much parking as is reasonable for the area "either in the form of existing (head-in) spaces, or the creation.of designed parallel parking bays similar to what has been constructed further to the southeast on Siskiyou Boulevard. " In considering the neighbors' letter, staff first reviewed the history of the development of the properties and the "easement" mentioned in the Rose Court Homeowners' letter. PA #2013-00129 1729 Siskiyou Blvd./dds Page 5 o The Rose Court Condominium property as well as the subject property containing the bike shop and a neighboring vacuum shop that has since been demolished were created through land partition PA #80-049 in 1980. As part of that partition, there was a grant of a ten-foot wide right of way to utilize the driveway and a "perpetual license" to two parking spaces on what is now the condominium property. These two parking spaces were in addition to the 16 spaces later required for the condominiums. o The Rose Court Condominiums were approved through Conditional Use Permit #89- 115 in July of 1989 and were originally to have been called the Ashwood Townhomes. At the time of the approval, the property containing the bike shop also had an additional retail use (a vacuum shop which was demolished only a few years ago) in place. The condominium approval required a Conditional Use Permit because it involved constructing residences in a commercial (C-1) zone and the Conditional Use process provided for assurances that the proposed condominiums would be "compatible with and have minimal impact on the... appropriate development of abutting properties." As part of the Condominium approval, seven surface parking spaces were provided on the property and each of the nine two-bedroom condominiums were also to have a single-car garage for a total of 16 parking spaces. These garages were explicitly conditioned as not to be used for personal storage and were to be always available for automobile parking to ensure that adequate parking would be available. Site visits confirm that the surface spaces were installed and that each of the condominiums has a garage as well. As noted above, the approved Site Plan associated with this 1989 approval also noted that two parking spaces on the condominium property were "dedicated to 1725 Siskiyou Boulevard." These two spaces were in addition to those required for the condominiums. o Review of additional materials provided by the applicant and now included in the record, and of Jackson Country deed records, confirms that right of way allowing the Siskiyou Cyclery property, and the previous vacuum store propertywith which it has now been consolidated, to utilize the driveway and a perpetual license to two parking spaces on what is now the Rose Court Condominium property was granted in 1985 as part of the Warranty Deed selling the property, prior to approval or construction of the condominiums. This is reflected on the plat for the Condominiums, and isnoted as an encumbrance affecting each of the condominiums on their deeds. With regard to parking on Siskiyou Boulevard, staff would note that during the 2007 Site Review approval process, a condition was added noting that on-street parking could be installed, subject to approval by both the City and the Oregon Department of Transportation (ODOT), without modification of that Site Review. The approved project was never constructed, and the Site Review approval expired in early 2009. In mid-December of 2009, the applicant paved the full frontage of the property, formalizing head-in parking. Required approvals were not obtained from either the City or ODOT, and the improvements installed do not comply with city street standards for an arterial street. Head-in parking is not allowed on arterial streets under current street standards and poses a safety hazard to drivers, pedestrians and cyclists as drivers are required to back into traffic going at highway speeds in an area where the lack of sidewalks also forces bicycles and pedestrians to circulate between parked cars and the highway traffic. For parking to be approved along the street frontage of the site, city standard frontage improvements would need to be completed and parking bays installed to accommodate city standard parallel parking. Given that the properties are commercially zoned and have historically had levels of commercial development similar to that proposed here (and more than is currently in place), that the parking PA #2013-00129 1729 Siskiyou Blvd./dds Page 6 t required for the condominiums' conditional approval is in place as originally approved, that the bike shop is proposing to provide parking sufficient to accommodate its anticipated demand on property either under the applicant's ownership or which the applicant has been deeded the right to use since the 1980's, and that the existing head-in parking runs counter to city standards, planning staff sees little basis in the Site Review criteria by which additional parking could be required of the applicants. However, after discussing the Homeowners Association's letter with the applicants at somelength and explaining the basis of the concerns expressed, the applicants have proposed to install two parallel parking spaces along their frontage in conjunction with the other required street frontage improvements as requested by the Homeowners Association. The applicants note that they believe this to be the only option available to them to address their neighbors' parking concerns since the existing head-in parking has never been approved and does not comply with city street standards, and that it is hoped that these spaces will largely alleviate the need for deliveries to use the existing driveway. These on-street spaces could not be restricted to a particular use, but under AMC 18.92.050.A would be considered on-street credits for the subject property should they choose to intensify the proposed uses at some point in the future. A condition of approval has accordingly been added to require that revised plans reflecting installation of the two parallel parking spaces be provided for the review of the Planning and Public Works/Engineering Departments and the Oregon Department of Transportation prior to the issuance of a building permit or the-installation of frontage improvements. The criteria for Site Review Approval are described in AMC Chapter 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. The criteria for an Exception to the Site Design and Use Standards are described in AMC Chapter 18.72.090, as follows: 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 12/16/2011) The application with the attached conditions complies with all applicable City ordinances. Planning Action #2013-00129is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #2013- 00129 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified herein, including but not limited to that two parallel parking bays shall be provided on Siskiyou PA #2013-00129 1729 Siskiyou Blvd./dds Page 7 E Boulevard as proposed by the applicant. 2) That engineered construction drawings for the frontage improvements along Siskiyou Boulevard shall be submitted for review and approval of the Ashland Planning and Engineering Divisions, and the Oregon Department of Transportation (ODOT) prior to issuance of a building permit, prior to work in the street right-of-way and prior to installation of improvements in the pedestrian corridor. The sidewalk shall be a minimum of eight feet in width with seven-foot landscaped parkrows between the sidewalk and the street. All frontage improvements, including but not limited to the sidewalk, park row and street treesshall be constructed across the entire frontage of the site and across the frontage of the adjacent flag lot to the driveway that.provides access to the site. Sidewalks shall be designed to line up with sidewalks at Terrace Court, located at 1849 Siskiyou Boulevard and 795 Park Street, and this alignment shall be approved by Ashland Engineering Department. Evidence of ODOT approval shall be provided prior to permit issuance. 4) That a sign permit shall be obtained prior to installation of any new signage. All signage shall meet the requirements of Chapter 18.96 and shall meet applicable vision clearance requirements. 5) The windows on the ground floor shall not be tinted so as to prevent views from outside of the building into the interior of the building 6) That the front entrances adjacent to Siskiyou Boulevard shall remain functional and open to the public during all business hours. 7) That prior to the issuance of a building permit: a) 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, an application to modify this Site Review approval shall be, submitted and approved prior to issuance of a building permit. b) A revised landscaping and irrigation plan shall be submitted for the review and approval of the Staff Advisor. Revisions shall include: 1) irrigation details satisfying the requirements of the Site Design and Use Standards Water Conserving Landscaping Guidelines and Policies; 2) Revised plant materialsselections to provide a variety of low water use and deciduous and evergreen trees, shrubs and flowering plant species as required in the Site Design and Use Standards (II-C-lc)2.) c) All private easements and public utility easements on the property shall be shown on the building permit submittals. d) That a drainage plan shall be submitted at the time of a building permit for review and approval by the Engineering, Building, and Planning Divisions. e) 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 all easements and 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. Vaults, meters and other utility facilities shall be located outside of the pedestrian corridor. f) The applicant submit an 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 outside of the. pedestrian corridor and in areas least visible from the street, while considering the access needs of the Electric Department. PA #2013-00129 1729 Siskiyou Blvd./dds Page 8 g) That mechanical equipment shall be screened from view from Siskiyou Boulevard. Location and screening of mechanical equipment shall be detailed on the building permit submittals. h) Exterior lighting shall be shown on the building permit submittals and appropriately shrouded so there is no direct illumination of surrounding properties. i) Exterior building colors shall be muted colors, as described in the application, and sample exterior building colors shall be provided with the building permit submittals for review and approval of the Staff Advisor. Bright or neon paint colors shall not be used in accordance with II-C-2f)1) of the Detail Site Review Standards. j) The inverted ii-racks shall be used for the bicycle parking. The building permit submittals shall verify that the bicycle parking spacing and coverage requirements are met in accordance with AMC 18.92.060.1 and J. k) 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. 1) That the tree protection fencing shall be installed according to the approved plan prior to any site work, storage of materials or issuance of the building permit. The tree protection shall be chain link fencing six' feet tall and installed in accordance with 18.61.200.B. The tree protection shall be inspected and approved by the Ashland Planning Department prior to site work, storage of materials and/or the issuance of a building permit. No construction shall occur within the tree protection zone including dumping or storage of materials such as building supplies, soil, waste, equipment, or parked vehicles. m) The requirements of the Building Division shall be satisfactorily addressed, including but not limited to that a van-accessible disabled person parking space and an ADA accessible route without obstructions shall be provided from the disabled person parking space to the building entrances; and that any fill used shall be engineered, compacted and retained at property lines. 8) That prior to the issuance of a certificate of occupancy: a) That all public improvements including but not limited to the sidewalk, street trees, and parallel parking spaces shall be installed to City of Ashlandstandards, inspected and approved under permit from the Public Works Departmentand in accordance with the approved plan prior to issuance of the certificate of occupancy. b) The handscaping, including pavers proposed by the applicants for the disabled person parking space and loading aisle; landscaping and the irrigation system shall be installed according to the approved plans, inspected and approved by the Staff Advisor. c) All bicycle parking shall be installed in accordance with designand rack standards in AMC 18.92.060.1. and J., inspected, and approved by the Staff Advisor prior to the issuance of the certificate of occupancy. d) Street trees as identified the approved plan shall be installed. All street trees shall be chosen from the adopted Street Tree -List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards. The street trees shall be irrigated, and shall be selected and placed to comply with the vision clearance standards of the City of Ashland. e) The requirements of the Ashland Fire Department, including that approved addressing be provided, that a 20-foot driveway access to the rear of the property be maintained during construction and in final project for fire apparatus access, and that the existing hydrant at PA #2013-00129 1729 Siskiyou Blvd./dds Page 9 the driveway not be blocked at any timeshall be complied with prior to issuance of the building permit or the use of combustible materials, whichever is applicable. Fire Department requirements shall be included on engineered/construction documents for public facilities. f) That the screening for the trash and recycling enclosure shall be installed in accordance with the Site Design and Use Standards prior to the issuance of a certificate of occupancy. 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. March 11th, 2013 ill Molna , Director Date Departs t of Community Development I c PA #2013-00129 1729 Siskiyou Blvd./dds Page 10 PA-2013-00129 391 E15AB 3002 PA-2013-00129 391 E15AB 80006 PA-2013-00129 391 E15AB 3000 BARGER KEVIN BERARD RUSSELL P TRUSTEE CHRISTLIEB NORMAN TRSTE 731 NORMAL AVE 10765 NW JACKSON QUARRY 581 MORTON . ASHLAND OR 97520 HILLSBORO OR 97124 ASHLAND OR 97520 PA-2013-00129 391 E15AB 80004 PA-2013-00129 391 E15AB 80008 PA-2013-00129 391 E15AB 3100 DALLAS SUSAN JANE DALLAS WILLIAM AND ROSALIND DAWSON DANIEL 1745 SISKIYOU BLVD DALLAS JOINT 1765 SISKIYOU BLVD ASHLAND OR 97520 1733 SISKIYOU BLVD ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00129 391 E15AB 80001 PA-2013-00129 391 E15AC 103 PA-2013-00129 391 E15AB 80005 EHLERS MARY R TRUSTEE FORNEY ILSE E TRUSTEE FREEMAN GLENDA G 1739 SISKIYOU BLVD 750 OAK WAY CIR 297 MEADOW DR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00129 391E15AB 2900 PA-2013-00129 391E15AB 3703 PA-2013-00129 391E15AC 100 HARRISON BLAIR ET AL HOLMES STEPHEN R/RUBY N KELLEMS LARRY A TRUSTEE 701 NORMAL AVE 6040 DOVE HOLLOW DR 805 HILLVIEW DR ASHLAND OR 97520 KLAMATH FALLS OR 97603 ASHLAND OR 97520 PA-2013-00129 391 E15AB 3201 PA-2013-00129 391 E15AB 2800 PA-2013-00129 391 E15AB 3500 LIVING OPPORTUNITIES INC MARKS RYAN ET AL MARTIN MONICA P 0 BOX 1072 681 NORMAL AVE 1710 HARMONY CIRCLE MEDFORD OR 97501 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00129 391 E15AB 3601 PA-2013-00129 391 E15AB 3303 PA-2013-00129 391 E15AB 80009 MC CAMEY ROBERT C MEHMANPAZIR BEHNAM NELSON CLYDE J TRUSTEE 732 FAITH AVE 1280 ASHLAND MINE RD 11318 PEGASUS AVE ASHLAND OR 97520 ASHLAND OR 97520 SAN DIEGO CA 92126 PA-2013-00129 391 E15AB 90001 PA-2013-00129 391 E15AB 80002 PA-2013-00129 391 E15AB 3702 SHIPLEY JERALD L TRUSTEE TEEL ERIC W TENSEGRITY LLC 15131 NW COUNTRYSIDE CT 1737 SISKIYOU BLVD 1701 SISKIYOU BLVD 2 PORTLAND OR 97229 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00129 391 E15AC 101 PA-2013-00129 391 E15AB 3400 PA-2013-00129 391 E15AB 80003 VAN TRUMP LONNIE LEE VILLEGAS PETER E/ANNELIESE WYBLE ANGELA 730 OAKWAY CIR .1705 HARMONY CIR 1108 TALENT AVE ASHLAND OR 97520 ASHLAND OR 97520 TALENT OR 97540 PA-2013-00129 391 E15AC 102 PA-2013-00129 PA-2013-00129 YATES KEMBLE R ROSE COURT CONDOMINIUMS STUART SMITH, AIA 740 OAKWAY HOMEOWNERS ASSOCIATION PO BOX 130 ASHLAND OR 97520 1745 SISKIYOU BLVD TALENT, OR 97540 ASHLAND, OR 97520 PA-2013-00129 BEN PAZZIRA 1729 SISKIYOU BLVD C/O SISKIYOU CYCLERY 3/12/13 NOD 1729 SISKIYOUBLVD 28 ASHLAND, OR 97520 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 March 12, 2013 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 under each person's name for Planning Action #2013-00129, 1729 Siskiyou Blvd. Signature of Employee I I Documen@ 3/12/2013 ' I Zimbra Page 1 of 1 Zimbra seversod@ashland.or.u + Font Size - 1729 Siskiyou - The way ahead From : Lynn and Stuart Smith <redtailridgei@msn.com> Mon, Mar 04, 2013 09:55 AM Subject : 1729 Siskiyou - The way ahead _ To : Derek Severson <derek.severson@ashland.or.us> Cc : Ben Pazzira <bpazzira@yahoo.com> Derek, Thank you for your telephone call last Friday and your subsequent e-mail re. noticing requirements. I summarized our conversation for my client, Ben Pazzira, and he considered the information over the weekend. He appreciates your suggestion that if he were to provide two parallel parking spaces in the Siskiyou right of way, the potential of the Rose Court Condominium people requesting a Public Hearing could be reduced. As you are aware, the potential of loss two months from the Project Schedule to the Public Hearing process along with the cost related to preparing for for and attending the Hearing is not attractive. He has therefore decided that he will provide two parallel public parking spaces in the Siskiyou Right of Way as you suggested. Please include this change in the Concept Site Plan in the report you are preparing that will go to the Rose Court Condominium people (do we need to do a drawing or can this be handled verbally?). We believe it would be beneficial if you could make it clear that these two parking spaces are not necessary for Planning Staff approval of the Project but are rather being provided as a response to the Rose Court people's concerns about the neighborhood's general parking demand. It would also be good if you could be clear that a special finding on the part of planning staff that this additional parking is appropriate to the neighborhood needs was required to enable Mr. Pazzira to provide these additional spaces. We also believe that it will be important that your report be clear that the provision of these spaces is being done at Mr. Pazzira's sole expense and that there are no other actions that Mr. Pazzira can take within the confines of the City of Ashland's codes and standards to address the Rose Court people's concerns. It should also be made clear that the loss of the existing nine perpendicular spaces is a matter of Oregon Department of Transportation and City of Ashland requirements that must be met if Mr. Pazzira is going to make any use of his unoccupied property and alleviate the "blighted condition" (their words) that currently exists. You may also wish to address the fact that these parking spaces should greatly alleviate the need for deliveries to use use the access easement to the north side of the property. Based on my conversation with you last Friday, we understand that these two additional parking spaces can be used as part of the parking count for a future addition to the building on the property (2 cars X 350 sqft for retail). It is important that this also be addressed in the record. If you have any questions or there is anything else I can do to facilitate the process please don't hesitate to contact me. Please know that both Ben and I appreciate the creative and cooperative approach you and the Director have taken to help this Project move forward. Hopefully, the Site Concept Review process will soon be over and we will be able to move ahead with Construction Documents and permitting. Sincerely Stuart F. Smith, AIA Principal Architect Talent Architectural Studio 541 512 0399 i i https://zimbra.ashland.or.us/h/printmessage?id=66543&1 3/6/2013 As~kvlland Fire & Rescue Pre-Application Comments Project 1725 Siskiyou Date: 2/25/13 Description: Applicant: Innovative Construction Contact: Margueritte Hickman 552-2229 Phone: Permit Number: PL-2012-01509 Fire department comments are based upon the 2010 Oregon Fire Code as adopted by the Ashland Municipal Code: Addressing - Building numbers or addresses must be at least 4 inches tall, be of a color that is in contrast to its background, and shall be plainly visible and legible from the street fronting the property. All premises identification, street signs and building numbers, must be in place with temporary signs when construction begins and permanent signage prior to issuance of any occupancy. 20 foot access width to rear property is required to be maintained during construction and in final project for fire apparatus access. Hydrant at driveway is not permitted to be blocked at any time. Landscaping - Ashland Fire & Rescue recommends the implementation of FireWise landscaping throughout the project. Final determination of fire hydrant distance, fire flow, and fire apparatus access requirements will be based upon plans submitted for Building Permit review. Changes from plans submitted with this application can result in further requirements. Any future construction must meet fire code requirements in effect at that time. The fire department contact for this project is Fire Marshal Margueritte Hickman. She may be contacted at (541) 552-2229 or hickmanm@ashland.or.us. I 1725 Siskiyou - PL-2012-01509 - 022513[1] - Page 1 of 1 1 t, Rose Court Condominiums Homeowners Association 1745 Siskiyou Boulevard Ashland, OR 97520 541-727-1774 February 25t", 2013 To: City of Ashland Planning Department Re: Planning Action PA-2013-00129 To Whom It May Concern: The eight owners of Rose Court Condominiums are writing in opposition to the above planning action. Though we are certainly supportive of Mr. Pazzira's intention to improve upon and expand his property and finally address the blighted vacant adjacent lot, the proposal he has ` submitted (with assistance from Talent Architectural Studio) would cause significant and unacceptable changes to the area's existing parking situation. Currently a combination of Siskyou Cyclery customer parking, delivery vehicles, and long-term parking of cyclists meeting for group excursions into the Ashland Watershed, the existing parking spaces along Siskiyou Boulevard also function as guest parking for our nine family units and would be eliminated if this proposal was to move forward. Additionally, the neighboring apartment complex to the immediate southeast would also lose all overflow parking for guests. With no nearby cross streets, this would severely limit parking opportunities for residents and businesses from Normal Avenue to the southeast, all the way to Harmony Lane to the northwest. The submitted design also appears to adjust primary customer parking to the rear of the expanded Siskiyou Cyclery building, which would add unnecessary traffic and its associated noise to a quiet living area, and would place significant additional vehicle traffic on the driveway easement provided to Mr. Pazzira's business by Rose Court Condos. This additional traffic and associated wear and tear was not considered at the time the original easement was drafted. We are requesting that the Planning Commission reexamine the application, with specific regard to its implications for parking along Siskiyou Boulevard, and we ask that the city work to preserve as much parking as is reasonable for the area, either in the form of retention of existing spaces, or the creation of designed parallel parking bays similar to what has been constructed further to the southeast on Siskiyou Boulevard. Sincerely, The Owners of Rose Court Condos Susan Dallas, Eric Teel, Gia Fre n, Bill Dallas, Angela Wyble, Mary Ehlers, Elizabeth and Russel Berard, and CJ Nelso . Office: 4862 Payne Road Mail: PO Box 130, Talent, OR 97540 Stuart F. Smith, AIA Phone: (541) 512-0399 e-mail: redtailridgel@msn.com LETTER OF TRANSMITTAL To: City of Ashland Planning Division 51 Winbur7n Way Ashland, OR 97520 Attn.: Derek, Severson, Associate Planner Project: A Retail Building Addition For Nix. Ben Pazzira 1729 Siskiyou Blvd. Ashland, Oregon Job No.: 13001.01 Transmitted by: Stuart F. Smith, AIA Date: March 22, 2013 Please the following Attached: 2 ea. Sheet A-1 Concept Site Plan, Revised 2/12/13: Printed to scale, Revise Accessible Route of Travel to replace stairs with ramps; corrected Area Ratio. 2 ea. Sheet A-2 Concept Floor Plan, Printed to Scale. 2 ea. Sheet A-3 Concept South & East Elevations: Printed to scale, Revise Accessible Route of Travel to replace stairs with ramps. 1 ea. Sheet L-1 Concept Tree Protection Plan: Review for compliance and signed by Certified Arborist; added item 10; corrected item 11. 1725 & 1729 Siskiyou - 1 NOE)MJO `ONGIHSV `CAls noAi>iSIS gzzL w z o - 55 H ¢ dx-d ae NOili®OH JN(OIMS l(ti1E2( b < z ° ME < ~O Gw 15Z N S U®~ (3 N== ZS S2 W V ¢ ~ ~-T°K ° ~gLLU SpF sir 'GGCF~ Z65a o ~#m~ ac~~ 45g¢j zW~ ~n g Q~oS ~a ZS 3 a~5i 4++ U eo J U B a $tzi ~ oO~a ix o Uo~ a ~z -gigy~ cti° ~mzx®F F - UJ az°.e ¢ ~ z ~o w N n f w~aas a+3us~r ~ m I A.Tri 3@H4 ALJL3d tl'va f LLJ Y fn LLJ I ~z (n ~ I x u Lo 03 ~o I >atlaRoo 4 ~ of col LLJ ¢ ,;A TS RR AM&Ild dowmi Itl BNIES i NOOM10 `(IN -IHSV an 1a nOADISisGZLL o m a L-aczzed e .J _ o N mmm a ~:~o ~ o s ~ a S o coo - S ~ (f) U S ~ Q o r v oza N a s N s ~ o L.j z C I a f~fiOv3~1G `3F~'d1HSi1 `Glt-I~ f?OAV~ES SZLt ~ ~ 9 ~ ~ x 6 g w ~ v CC ® S j 8 0 LL1 C. CD r fl 1 gy ~ ® fl 8 I S a a 2 22 g o ~ I I~ S Till ~ i 3 `aw I m I ~ 3 ® ~ I I y ~~A 0173 D i I 3: r s~s s -IN El~ m 15 g g 4 NOS3M CINV7HS`d DAIS nOANSIS SZLt o E mz_ =o z rsr 5 0a ~o g s~ o 12 lug igil" 91 l i N R~ o52~Q~a Z 50 Fig 666 is 6 Z~ ~ cn r~n~ s= °z sx.-+~ ws a °W,,,LLC~= ~PrM o,m® ~ ~ m w ¢ o U =m I gin - r ~ J J ~P 0 \ ~ N ~w i ms oar ~ i pg I / ~ ~ ® B~/ I I I I I I 1 - Ire ¢ J { r i j r r r r i I Zimbra Page 1 of 2 Zimbra seversod@ashland.or.u + Font Size - 1729 Siskiyou Landscaping From : Lynn and Stuart Smith <redtailridgei@msn.com> Wed, Feb 13, 2013 10:47 AM Subject : 1729 Siskiyou Landscaping 01 attachment To : Derek Severson <derek.severson@ashland.or.us> Cc : Ben Pazzira <bpazzira@yahoo.com> Derek, Thank you again for returning my call yesterday. You indicated that of the four review items you had listed in your previous e-mail, the only one of real concern was item 3, regarding the percentage of the property area dedicated to landscaping. The calculation we presented in our "Written Findings" showed 1,403 sgft of landscaped area which included hardscapes except parking. This gave us 18.35% of the 1729 Siskiyou property being dedicated to landscaping (hardscape and planting), greater than the 15% minimum. You indicated that for purposes of this calculation the word "landscape" does not include hardscapes. I responded to you that this did not seem consistent with the recent zoning ordinance changes requiring a front setback of 0 to 5 feet and other adjustments such as the new Floor Area Ratio (FAR) minimum of 50% that appear to be trying to achieve a more urban streetscape. In our case the minimum FAR and the minimum landscape planted area work counter to each other potential creating a "catch 22" particularly when considered with the parking requirements, an existing building, a side yard where plants will not grow, a sloping site with existing parking, and accessibility requirements. You indicated that you needed to research the situation further. I have taken the liberty of preparing the attached tabulation for your consideration. You will note that, given the current building design, the maximum landscape planting area available on the 1729 Siskiyou property is 950 sqft (or 3% less than the minimum requirement). This includes the West Sideyard where the lack of sun light will make growing anything more than moss very difficult, and the area shown to receive a open permeable deck, a "social space" encouraged by your site design standards. If the hardscapes, which are encouraged by your site review criteria, were considered as "landscaping" we would be at 18+% or about 3 percent over the minimum. Additionally our proposed Concept Landscape Plan includes providing planting in the adjacent property access easement in the amount of 252 sgft. If this were added to the planting area we would have 15.7% of planting area relative to lot area. Also, our proposed Concept Landscape Plan includes providing planting in the State of Oregon Siskiyou Blvd right of way in the amount of 1,118 sgft. If this were added to the planting area we would have over 30% of planting area relative to lot area. If decorative hardscape other than parking were considered "landscaping" we would have 2,773 sgft of landscaping or over 36% of landscaping relative to the lot area. It is clear that from an aesthetic standpoint that the site will appear well planted and the hardscape amenities proposed will enhance the streetscape and be in keeping with the City's apparent goal of a more urban appearance. We believe the shear quantity of planting to be provided along with the proposed hardscape elements (gravel paths, exterior deck, permeable paver entry mini-plaza, covered walkway, permeable paver accessible parking and loading) are sufficient to fully justify an "Exception" to a strict interpretation of the word of the ordinance. We are hereby requesting such an "Exception." We are open to suggestions that might improve the appearance of the landscaping remembering we have a limited budget a significant portion of which is already dedicated to landscaping. Regarding the other three items in your previous e-mail: I have printed drawings to scale as requested in item 1 and will deliver them to you in the near future. I have revised the accessible route to the new Retail Addition by replacing stairs with ramps in response to item 2. And we are in the process of finding a certified arborist to review the Tree Protection Plan. Please let me know your findings on item three when they are available. Respectfully submitted, Stuart F. Smith, AIA Principal Architect Talent Architectural Studio https://zimbra.ashland.or.us/h/printmessage?id=65778&1 2/13/2013 Zimbra Page 2 of 2 F 541-512-0399 Landscape Area.pdf 38 KB https://zimbra.ashland.or.us/h/printmessage?id=65778&1 2/13/2013 i , 1729 Sisikyou Landscape Area Data Lot Area: 7645 sgft Required Landscape 15% = 1146.75 sqft Non-.Handscape Area On 1729 Siskiyou Property Parking Trees 159 sqft West Sideyard 313 East Sicleyard 168 West Frontyard 44 South of Accessible Parking 64 Southeast Yard (including space shown with deck) 202 On 1729 Siskiyou Property Subtotal 950 sqft Percent Landscape = 12% < 15% On Access Easement Triangle South of Accessible Parking Drive 109 sgft North of Accessible Parking Drive 143, On Access Easement Subtotal 252 sgft Percent Landscape = 15.7% > 15% On Right of Way West End North of Sidewalk 404 sqft East End North of Sidewalk 528 South of Sidewalk 186 1118 sqft Percent Landscape = 30.3% > 15% T Planning Department, 51 Wino,... Way, Ashland, Oregon 97520 CIY OF 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 - NOTICE OF APPLICATION PLANNING ACTION: PA-2013-00129 SUBJECT PROPERTY: 1729 Siskiyou Boulevard OWNER: Ben Pazzira (Siskiyou Cyclery) APPLICANT: Stuart Smith, AIA (agent for owner) DESCRIPTION: A request for Site Review Permit approval to allow a 2,080 square foot commercial addition to the existing bicycle shop building located at 1729 Siskiyou Boulevard. The application also includes a request for an Exception to the Site Design and Use Standards to allow the placement of the required disabled person parking space between the building and the street. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 391E 15 AB; TAX LOT: 3303 NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, March 7, 2013 at 6:00 p.m. in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: February 12, 2013 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: February 28, 2013. n , , r V PA #2013-00129 1729 SISKIYOU BLVD SISKIYOU CYCLERY C SUBJECT PROPERTY S OG 6< / na e N' F3<pc.y tinea me fw r<,Ermc< wJy. nM soet<aet< 0 20 40 80 Feel The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staffs decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. Wcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2013\PA-2013-00129.docx k 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 12/16/2011) 4 GAcomm-de0planning\Planning Actions\Noticing Folder\Mailed Notices & Signs\2013\PA-2013-00129.docx 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 February 12, 2013 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 under each person's name for Planning Action #2013-00129, 1729 Siskiyou Blvd. Signature of Employee G:Icomm-devlplanningtTemplateslTEMPLATE_Affidavitof Mailing-Planning Action Notice.dot 2/1212013 I PA-2013-00129 391 E15AB 3002 PA-2013-00129 391 E15AB 80006 PA-2013-00129 391 E15AB 3000 BARGER KEVIN BERARD RUSSELL P TRUSTEE CHRISTLIEB NORMAN TRSTE 731 NORMAL AVE 10765 NW JACKSON QUARRY 581 MORTON ASHLAND OR 97520 HILLSBORO OR 97124 ASHLAND OR 97520 PA-2013-00129 391 E15AB 80008. PA-2013-00129 391 E15AB 80004 PA-2013-00129 391 E15AB 3100 DALLAS SUSAN JANE DALLAS WILLIAM AND ROSALIND DAWSON DANIEL 1745 SISKIYOU BLVD DALLAS JOINT '1765 SISKIYOU BLVD ASHLAND OR 97520 1733 SISKIYOU BLVD ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00129 391 E15AB 80001 PA-2013-00129 391 E15AC 103 PA-2013-00129 391 E15AB 80005 EHLERS MARY R TRUSTEE FORNEY ILSE E TRUSTEE FREEMAN GLENDA G 1739 SISKIYOU BLVD 750 OAK.WAY CIR 297 MEADOW DR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00129 391El5AB 2900 PA-2013-00129 391E15AB 3703 PA-2013-00129 391E15AC 100 HARRISON BLAIR ET AL HOLMES STEPHEN R/RUBY N KELLEMS LARRY A TRUSTEE 701 NORMAL AVE 6040 DOVE HOLLOW DR 805 HILLVIEW DR ASHLAND OR 97520 KLAMATH FALLS OR 97603 ASHLAND OR 97520 PA-2013-00129 391 E15AB 3201 PA-2013-00129 391 E15AB 2800 PA-2013-00129 391 E15AB 3500 LIVING OPPORTUNITIES INC MARKS RYAN ET AL I MARTIN MONICA P O BOX 1072 681 NORMAL AVE 1710 HARMONY CIRCLE MEDFORD OR 97501 ASHLAND OR 97520 ASHLAND OR 97520 i PA-2013-00129 391 E15AB 3601 PA-2013-00129 391 E15AB 3303 PA-2013-00129 391 E15AB 80009 MC CAMEY ROBERT C MEHMANPAZIR BEHNAM NELSON CLYDE J TRUSTEE 732 FAITH AVE 1280 ASHLAND MINE RD 11318 PEGASUS AVE ASHLAND OR 97520 ASHLAND OR 97520 SAN DIEGO CA 92126 PA-2013-00129 391 E 15AB 90001 PA-2013-00129 391 E 15AB 80002 PA-2013-00129 391 E 15AB 3702 SHIPLEY JERALD L TRUSTEE TEEL ERIC W TENSEGRITY LLC 15131 NW COUNTRYSIDE CT 1737 SISKIYOU BLVD 1701 SISKIYOU BLVD 2 PORTLAND OR 97229 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00129 391E 15AC 101 PA-2013-00129 391 E 15AB 3400 PA-2013-00129 391 E 15AB 80003 VAN TRUMP LONNIE LEE VILLEGAS PETER E/ANNELIESE WYBLE ANGELA 730 OAKWAY CIR 1705 HARMONY CIR 1108 TALENT AVE ASHLAND OR 97520 ASHLAND OR 97520 TALENT OR 97540 PA72013-00129 391 E15AC 102 YATES KEMBLE R Pa-2013-00129 PA-2013-00129 740 OAKWAY Stuart F Smith, Aia Ben Pazzira PO Box 130 c/o Siskiyou Cyclery ASHLAND OR 97520 you Blvd. Talent OR 97540-0130 1729 Siski Ashland, OR 97520 ' kl; rd U1W 1703 r } .y Ad 1 ~e~p e OUT v¢ VIC" ~ d n pvH 3400 .!{ffi1l-l li !1 o.N x y V°11 YY4 ryrt Grp,®qp 6 ~#F tlW` ~ Y~ 9i ~ ~ t' 2 l s~ o 1702 W go-ON no, 1 gill I 3303 ON" W012, 70 001 WIG TOO ~ 1D2 ~e pie P °p q Tula r N e . z1as 'i ~dL7,, TuPSdav FPhruarv 12 2013 11.5.5.3? AM t Derek Severson To: redtailridgel @msn.com; bpazzira@yahoo.com Cc: Derek severson Subject: 1729 Siskiyou Planning Action Mr. Pazzira & Mr. Smith, I just wanted to touch bases regarding your planning action for 1729 Siskiyou Boulevard. I'll be sending a Notice of Complete Application up to the front office for mailing in the next day or so to get things moving, but wanted to make you aware of a few items that will need to be further addressed either before an approval or through the conditions of approval. Drawings Not to Scale: The Concept Site Plan (Sheet A-1) provided calls out a "1/16" = 1"' scale when printed to 11- by 17-inches, however several of the dimensions noted scale differently than called out. The west property line indicates 65' 4" but scales to 63'; the north property line indicates 81.13' but scales to 77.5'; and the east property line indicates 73' but scales to only 70'. The width of the new addition is called out as 26' but scales to between 24' and 25. Given that other dimensions such as the back-up area for parking spaces #6 - #9 scale to the bare minimum of functionality, it is crucial that the plans provided be drawn accurately to scale to enable review as required in AMC 18.72.060. Plans not being drawn accurately to scale has been a concern raised recently by the Planning Commission, and we'll need plans that scale exactly to the called out dimensions in the file for an approval. Exception for Parking Space Placement/Accessible Route: Based on the Concept Site Plan (Sheet A.1) provided, it appears that access from the required disabled person parking place to the new addition includes steps which render the new addition inaccessible to someone in a wheelchair utilizing the disabled person parking place. It does not appear that the internal circulation plan or finished floor levels will allow customers access to the new space from the existing bike shop space. Preliminary review by the Building Division has suggested that this will not meet the requirements for providing an accessible route, which was the underlying basis for locating the disabled person parking space between the building and the street. We'll either need revised materials clarifying how disabled access is to be accommodated or will include a condition of approval to require a demonstration of disabled access to both spaces from the disabled person parking space in the building permit submittals. Lot Coverage/Landscaping: The lot coverage calculations provided include gravel paths, the entry walk, and the accessible parking space's required loading aisle as landscaping. Site Design Standards call for a minimum of 15 percent of the site to be provided in landscaping, which creates a maximum limit of 85 percent on lot coverage. By code, lot coverage is defined in AMC 18.08.16 specifically to include "all buildings, parking areas, driveways, as well as other solid surfaces that will not allow normal water infiltration to the ground." Only naturally landscaped areas which do not "negatively impact the natural water retention and soil characteristics of the site shall not be deemed part of the lot or site coverage" so gravel, permeable pavers, parking areas, and walkways/driveways are considered to be coverage rather than landscaping. I'll look into options for addressing this a little further, but we'll likely include a condition that the landscaping be demonstrated to comply with the 15 percent landscaping (and associated 85 percent lot coverage limitation) requirement in a manner consistent with the definition of lot coverage. 1 Certified Arborist Required: The Tree Protection Plan (Sheet L.1) provided notes that city staff will be consulted prior to root pruning or other activities within the Tree Protection Zones. City staff are unable (and not qualified) to provide arborist services such as supervising root pruning for development proposals. The Tree Protection Plan will need to identify a certified arborist who has reviewed the plan and supports its recommendations and who will be available to ensure that the tree protection measures are properly implemented as required in AMC 18.61.200.A. This can be added as a condition if an arborist is not identified at this stage. As noted above, I'm going to get the Notice of Complete Application moving in the next day or so, and we can discuss these items further over the public comment period during the next two weeks. Derek Derek Severson, Associate Planner City of Ashland, Department of Community Development 51 Winburn Way, Ashland, OR 97520 PH: 541-552-2040 FAX: 541-552-2050 TTY: 1-800-735-2900 E-MAIL: derek.severson@ashland.or.us This e-mail transmission is the official business of the City of Ashland, and is subject to Oregon's public records laws for disclosure and retention. If you've received this e-mail in error, please contact me at (541) 552-2040. Thank you. 2 Zimbra Page 1 of 1 Zimbra seversod@ashland.or.u; + Font Size - 1729 Siskiyou - Clarification of Off-site Parking From : Lynn and Stuart Smith <redtailridgei@msn.com> Fri, Feb 01, 2013 01:29 PM Subject : 1729 Siskiyou - Clarification of Off-site Parking To : Derek Severson <derek.severson@ashland, or.us> Cc : Ben Pazzira <bpazzira@yahoo.com> Derek, Mr. Pazzira reviewed the language in the Written Findings and expressed concern to me that I may not have clearly stated the facts. The previous owner of the 1725 property paid $60,000 for transfer of the right of way and the two parking spaces and Mr. Pazzira bought the spaces along with the 1725 property. There apparently is legal documentation on the easement on this (you have that, I don't). Those two spaces are owned by Mr. Pazzira, not leased, licensed, of whatever. He has the right to use them without any other restriction. I apologize if this fact was not clear from the the "Written Findings." Thank you for your patience, -Stu Smith https://zimbra.ashland.or.us/h/printmessage?id=65320&1 2/1/2013 Office: 4862 Payne Road F` Mail: PO Box 130, Talent, OR 97540 Stuart F. Smith, AIA Phone: (541) 512-0399 e-mail: redtailridgel@msn.com Basic and Detailed Site Review Submittal Written Findings A Retail Addition for Mr. Ben Pazzira at 1729 Siskiyou Blvd. Ashland, Oregon January 29, 2013 APPLICANT: Name: Stuart F. Smith, AIA Phone: 541 512-0399 E-Mail: redtailridgel@msn.com Address: PO Box 130 City: Talent State: OR Zip: 97540 PROPERTY OWNER: Name: Mr. Ben Pazzira Phone: 650 814-8363 E-Mail: Address: c/o Siskiyou Cyclery, 1729 Siskiyou Blvd. City: Ashland State: OR Zip: 97520 DESCRIPTION OF PROPERTY: Street Address: 1729 Siskiyou Blvd. (formerly 1725 & 1729 Siskiyou Blvd); Assessor's Map No. 391E 15AB; Tax Lot(s) 3302, 3303 t 1729 Siskiyou - 1 l CONTENTS. Preface Project Description Zoning Summary of Exceptions Requested Municipal Code 18.32.040 General Regulations City of Ashland Site Design and Use Standards City of Ashland Site Design and Use Standards II C 1 Basic Site Review Standard Orientation to the Street Streetscape Landscaping Parking Designated Creek Protection Noise and Glare Expansion of Existing Sites and Buildings II C 2 Detailed Site Review Orientation and Scale Buffering and Screening Building Materials II C 3 Additional Standards for Large Scale Projects 11 D Parking Lot Landscaping and Screening Standards Screen Required at Yards Screening Abutting Property Lines Landscape Standards Residential Screening Other Screening II E Street Tree Standards Location for Street Trees Spacing, Placement, and Pruning of Street Trees Replacement of Street Trees Recommended Trees III Water Conservation Landscape Guidelines and Policies Mandatory Policies Plants Irrigation Topography IV Historic Ashland Development V Ashland Boulevard Corridor VI Downtown Ashland VII North Mountain Neighborhood Design Standards VIII Connan Mill District Design Standards i 1729 Siskiyou - 2 t City of Ashland Land Use Code 18.32.040 General Regulations 18.61 Tree Preservation and Protection Purpose Definitions Heritage Trees Exempt Tree Removal Activities Approval & Permit Required Plans Required Criteria for Issuance of Tree Removal - Staff Pen-nit Mitigation Required Expiration of Tree Removal Permits Conditions for Tree Removal Permits Evidence of Violation Penalties Tree Protection Performance Security 18.68 Municipal Code General Regulations Fences Vision Clearance Land Surveys Commercial Excavation Non-conforming Uses and Structures Lot Size Requirements - General Exception Accessory Buildings and Structures Waiver of Right to Remonstrate and Consent to Participate in Cost of Improvements Driveway Grades 18.70 Solar Access Purpose and Intent Lot Classification Solar Setbacks 18.72 Site Design Review Purpose and Intent Definitions Application Approval Process Detailed Site Zone Review Downtown Design Standards Plans Required Criteria for Approval Sire Design Standards Exception to the Site Design and Use Standards Power to Amend Plans Expiration of Site Design Review Approval Landscape Standards 1729 Siskiyou - 3 Recycling Requirements Controlled Access Light and Glare performance Standards Review by Conservation Coordinator Landscape Maintenance Development Standards for Disc Antennas Development Standards for Wireless Communication Facilities 18.92 Off Street Parking Generally Automobile Parking Spaces Required Credit for On-street Automobile Parking Disabled Person Parking Places Compact Car Parking Variances for Commercial Buildings in Historic District Limitations, Location, Use of Facilities Automobile Parking Design Requirements 18.96 Sign Regulations Purpose Definitions Related to Signs Exempted Signs Prohibited Signs Sign Permits General Sign Requirements Residential Sign and North Mountain Regulations Commercial, Industrial and Employment Districts Freeway Sign Zone Abatement of Nuisance Signs Construction and Maintenance Standards Nonconforming Sign Enforcement Government Signs Historic Signs Sign Summary Sanitary Sewer Concept Storm Drainage Concept Existing Storm Drainage Proposed Concept Storm Drainage Letter to Rose Court Condominium Association Off Site Parking Confirmation Drawings (two copies) Concept Site Plan Concept Floor Plan Concept Elevations (two sheets) Concept Landscape Plan Tree Protection Preservation Plan Site Survey 1729 Siskiyou - 4 t Preface This is not a "new" Project. Originally, the property at 1725 & 1929 Siskiyou Blvd., under the ownership of one individual had a building on each lot. The existing Bicycle Shop at 1729 and a Sewing Machine Shop at 1725. The Sewing Machine Shop, dating from the early 20th Century, had lost its tenant and was in significant disrepair to the point where a major remodel would have been required to bring it into conformance with the Building Code and make it leasable. Also, the 1725 lot was non-conforming (too small) and the building was located within 5 feet of the south property line. The Zoning Ordinance then required a 20 foot minimum setback from Siskiyou. To make the property economically productive, the Owner had no option but engage an Architect to proceed with the design of a new project designed with a 20 foot setback. He also engaged a General Contractor. It was decided that it would be necessary to abandon the property line between 1725 and 1729 and design an addition to the Bicycle Shop with a 20 foot setback. Concept Site Plans, Floor Plans, and Elevations and various studies were prepared aloiig with pre-application Written Findings. Upon the City's preliminary approval the Contractor asked the City if he could proceed with demolition of the existing Sewing Machine Shop. The City indicated he could so he proceed to commence demolition of the old building. He, however, neglected to ask the Owner's permission to proceed. Upon learning that the demolition was proceeding, the Owner ordered the demolition to stop and released the Contractor. This was in 2007. The abandoned foundation and exposed floor slab sit exposed today. The Owner proceeded with design and Construction Documents were prepared and submitted to ' the City. A Building Permit was issued. A about that time it became clear that the nation's economy was in bad shape and that embarkation on commercial building projects would probably not be prudent, so the Owner decided to shelve the Project. A year past and the Building Permit expired. Four years has passed and the economy appears to be on the mend. The Owner decided that the time was probably appropriate to proceed with the project only to find that design with its 20 foot setback was made obsolete by changes in the Ashland Zoning Ordinance that now require the building front to be within 5 feet of the property line. Ironically, precisely the same condition that led to the demolition of the old Sewing Machine Shop and the flrst design of a new addition is now the requirement that has predicated the current design. It is the Owner's and Architect's intend that this Basic and Detailed Site Review Submittal Written findings, when reviewed and approved with whatever adjustments might be requested by the City will have fully addressed all site related concerns and that all site related impediments tq moving forward will have been resolved. Project Description The project is a one story wood frame addition to an existing one story wood frame building with an existing partial basement and crawl space. The existing building is used as a Bicycle Shop providing retail sales, rentals, and repairs of bicycles, tricycles and quadcycles. The retail function r' 1729 Siskiyou - 5 is located on the main floor with warehouse storage in the basement. The new addition will provide retail sales of "take out" food and beverages including fresh food prepared on site. The site previously consisted of two existing lots under the same ownership, 1725 (Tax Lot 3302) and 1729 (Tax Lot 3303) Siskiyou Blvd. (on the south side). The Owner has combined the two lots into a single lot by abandoning the existing property line between the lots. The lot currently contains the floor slab and foundation of a partially demolished 1,590 square foot retail building. The original retail building on the then 1725 lot and the lot itself were non- conforming. Removal of the building and abandomnent of the lot line between 1725 and 1729 brought the property into conformance with the then current zoning and platting ordinances. Zoning The site is zoned C1 - Commercial. Permitted uses include stores, shops, and offices supplying commodities or performing services. (Municipal Code 18.32.020.B). The proposed use complies. The property to the west is zoning C-1 Commercial and accommodates an auto repair shop. It is located approximately 9" west of the property line and approximate 5 feet north of the south property line. The property to the north is zoned C-1 commercial and is an access easement for a condominium development. None of the condominium lots abut the subject property. The Property to the east is also zoned C-1 and is part of the same access easement. The property to the east of the C-1 access easement is residential and separated from the commercial property by a fence approximately six feet high. The Site is within the Siskiyou Blvd. and Ashland and Walker Street Detail Site Review Zone. f N! 1 1729 Siskiyou - 6 Summary of Exception Requests: Municipal Code An exception to the bicycle parking surface in the City of Ashland Land Use Code 18.92.040 J.2.c. requiring that bicycle parking surface be the same is automobile parking surface is hereby requested. It is proposed that the bicycle parking racks be placed on the existing wood floored Bicycle Shop covered porch. This is a readily accessible, secure, protected, existing space that is already used for bicycle parking. See 18.92.040 J.2.c. below for rational. An exception to the requirement that all parking lots be drained into a catch basin connected to a storm sewer as required by City of Ashland Land Use Code 18.92.070 E.2, is hereby requested. The parking in question sheet drains on the surface across the access easement for the condominiums to the south to an abandoned Talent Irrigation District ditch at the north boundary of the condominium property. This drainage pattern has existed since before the properties were platted into their current configuration. See 18.92.070 E.2. below for rational. An exception to the concrete driveway approach requirement in the City of Ashland Land Use Code 18.92.070 E.3 is hereby requested. The driveway approach in question is existing and is on separate property not under the ownership of the Project Property Owner. See 18.92.070 E.2, below for rational. Ashland Site Design & Use Standards An exception to the parking standard, II-C-Id)1. is requested to allow the location of the accessible parking and loading space either on the 1725 Syskiyou property, or the access easement, between the building and the right-of-way. See II-C-ld.l below for discussion of rational. If it is determined by Staff that the solution presented for H-D-1 regarding parking screening at required yards is nat in eomplianee for the accessible pail€ing space; an exception to that standard is hereby requested. See II-D-1 below for discussion of rational. II-C-1. Basic Site Review Standards: II-C-la) Orientation and Scale I. The existing Bicycle Shop is currently oriented toward the street with perpendicular parking off Siskiyou in the front in the right of way and parking in the rear. The new Retail Addition will also be oriented toward the street. Further, the perpendicular parking in the front will no longer be used and the space will receive a new public sidewalk, and landscaping per City of Ashland Street Standards. 2. The protective entry canopy for the Retail Addition will be located approximately 1-1/2" from the right of way. The front wall of the building will be set back approximately 1'-5-1/2" from the right of way and the roof overhang will be set back approximately 1-1/2" from the right of way. The entry doors will be set back 5'-6" from the right of way when in the closed position and will swing to 1'-6" from the right of way when in the open position. f 1729 Siskiyou - 7 II-C-lb) Streetscape The right-of-way property line is 81.13 feet long. It is proposed that three (3) each, ornamental crab apples trees, be planted in the streetscape between the sidewalk and the street. See Drawing Al/L2 II-C-lc) Landscaping 1. Landscaping is planned to provide approximately 50% coverage after one year and greater than 90% coverage after five years. 2. The site and the adjacent access easement are currently home to 7 mature trees all of which will be retained. Three trees will be added in the right of way. The site and adjacent access easement are currently home to 13 shrubs. One shrub, a wild rose bush, will be removed. Two shrubs will relocated to make room for new construction. Ground which remains undisturbed will retain the existing turf All disturbed area not receiving some form of hardscape will receive Kinnilunick ground cover. Hardscape will include a gravel path, a bark area, entry mini-plaza with concrete pavers; aecessible parking and drop-off with conerete pavers, Existing asphalt parking on the north side of the building will be retained. See drawings AL/LI Tree Protection Plan and Al/L2 Concept Landscape Plan. 3. All space between the buildings and the street and the building and the access easement will include landscape or hardscape areas. Existing shrubs will provide a landscape buffer between the public sidewalk and the accessible parking space. 4. A drip type irrigation system is proposed for all areas to receive new planting. 5. See proposed Tree Protection Plan, Drawing Al/LI for tree and shrub protection measures. II-C-1d) Parking 1. Eleven parking spaces are located behind the building. Due to the fact that this parking is more than 9 feet below the Bicycle Shop entry and feet and almost 11 feet below the new Retail Addition entry, it is proposed that a twelfth parking space, accessible for use by the physically disabled, with the required loading space be located either on the 1729 Siskiyou property between the Bicycle Shop and the right of way. The Americans with Disabilities Act Guidelines require that accessible parking spaces be located as close as in reasonable to main entry. It is apparent that forcing wheel chair bound individuals to wheel up a 9 to 11 foot grade change is not within the spirit of that federal law. The City has indicated that they would be unwilling to approve an exception to the Street Standards to allow an accessible parallel parking space on Siskiyou Blvd. Staff has, however, indicated a willingness to support all exception to this article allowing the accessible parking to be located between the building and the street. This Basic Site Review submittal shows the accessible space on the 1729 Siskiyou property (See Drawing Al/Al. It has been considered that it might be preferable to move the accessible space east onto the access esernent where sufficient space is available for both the parking space and the loading area. The space would also move about 4 feet to the south adjacent to the right of way. The access easement is owned by the Rose Court Condominium Association. A letter requesting permission to use that space for accessible parking has been submitted (hand delivered) to the Condominium Association but they have responded negatively. (Copy of letter attached) 2. The eleven existing parking spaces are either are shaded by the existing building or will be shaded by the new building and five tall lealand Cyprus. Two owned spaces on the adjacent 1729 Siskiyou - 8 Condominium property are shaded by trees. The proposed location(s) of the accessible parking space is adjacent to an existing power line that would preclude deciduous trees of sufficient height to provide significant shade. IImC4e) Designated Creek Protection Not Applicable II-C-1f) Noise and Glare There are currently no operations proposed for the site that would produce any significant noise or glare. 11-C-1g) Expansions of Existing Sites and Buildings 1. It is proposed that the existing building be expanded by 128%. It is proposed that the 100% of the site be brought up to the standards required by the Ashland Site Design & Use Standards. II-C-2 Detail Site Review II-C-2a) Orientation and Scale 1. The following calculates the Floor Area Ratio (FAR): Existing Bicycle Shop Footprint 1,648 sqft New Retail Addition Footprint 2,080 sgft New Deck & Existing Porch 296 sgft Entry Mini-Plaza 178 sqft (not including right of way) Accessible Loading 102 sgft Total Floor Area 4,304 sgft Total Site Area 7,645 sgft Floor Area Ratio = 4,304 sqft/7,645 sqft = 56.3% Minimum FAR =50% < 56.3%: OK 2. Building fiontages over 100 feet. Not Applicable 3. Calculate Window/Door Area Ratio Window Area 70 sgft Door/Sidelight Area 40 sgft Total Door/Window Area 110 sqft Wall Area 541 sqft Window/Door Area Ratio =110 sgft/541 sqft = 20.33% > 20%: OK 4. The entry is located in a re-entrant corner, cover with a canopy designed to reflect the aesthetic of the porch on the existing building including milled wood posts. Lighting will be provided to a minimwn of 30 foot candles at the walk surface under the entry canopy. 5. The new Retail Addition will be adjacent to a public right-of-way including a public sidewalk. 1729 Siskiyou - 9 i 6. The building incorporates a canopy with milled wood columns connecting the new Retail Addition entry to the existing Bicycle Shop entry. See Drawing Al/A3 II-C-2b) Streetscape 1. A 144 square foot mini-plaza on two levels located in the street scape (on the right of way) and extending to the building entrances on two levels connects the new Retail Addition and Existing Bicycle Shop with the new public sidewalk. This area will be utilize some type of modular paver. Final material to be selected. 2. The protective entry canopy for the Retail Addition will be located approximately 1-1/2" fi•om the right of way. The front wall of the building will be set back approximately 1'-5-1/2" from the right of way and the roof overhang will be set back approximately 1-1/2" from the right of way. The entry doors will be set back 5'-6" fi•orn the right of way when in the closed position and will swing to approximately 1'-6" fi-om the right of way when in the open position. II-C-2c) Buffering and Screening 1. Existing shrubbery will buffer the new accessible parking from the new public sidewalk. No other uses on the Siskiyou Blvd. side of the building should require buffeting. 2. The parking lot will be buffered from Siskiyou Blvd by the existing Bicycle Shop and new Retail Addition. The property to the north adjacent to the parking lot is zoned Cl. II-C-2d) Building Materials 1. The existing building has a covered porch with milled wood posts. Above the porch is a gable end with and overhang of approximately 16". The gable triangle has received decorative painted wood singles and there is a decorative frieze parallel with the pitch of the roof. The existing painted wood lap siding provides regular horizontal shadow lines. The new addition will include a canopy supported by a colonnade of decorative milled posts similar to the milled posts on the existing porch. The new Retail Addition has a gable roof with slope and overhangs to match the existing building as well a painted fiber cement decorative shingles in the gable and a frieze similar to the existing building. The new addition has painted fiber cement horizontal lap siding to provide shadow lines similar ti the existing building. 2. Bright or neon colors are not proposed. The project will repaint the existing building in a more neutral color tone than the curzect red and yellow. The new Retail Addition will be painted with a matching color scheme. See Drawings Al/A3, Cl/C3 and Al/A4, C1/A4 for exterior color schedule and detailed painting drawings. II-C-3 Additional Standards for Large Scale Propects Not Applicable II-D Parking Lot Landscaping and Screening Standards II-D-I Screening at Required Yards 1. The only parking abutting a required exterior or front yard is a single accessible parking space with required accessible loading. It is proposed that this parking and the accessible loading receive modular paver matching or very similar to the pacers used for the mini-plaza/entry walk such that the accessible loading area becomes visually part of the plaza as does the accessible parking space, particularly when it is not occupied. The accessible parking space will be buffered fiom the Siskiyou right of way by existing shrubbery. 1729 Siskiyou - 10 i All other parking is located "behind" the buildings not adjacent to required exterior or font yards. If an exception is required for this item, it is hereby requested. 2. If screening is not required for accessible parking space, this item is not applicable. 3. If screening is not required for accessible parking space, this item is not applicable. 4. Elevated parking - Not applicable II-D-2 Screening Abutting Property Lines The existing parking north of the buildings is screened at the west property line with a 5 foot plus wide planting strip containing five 8 inch caliper lealand cypress. The east north and east property lines both abut the access easement which is paved on the north and has an existing 5 foot plus wide landscape strip on the west side of the pavement and a 6 foot high wood fence on the east side. The buffer for the accessible parking space on the south side of the building is addressed in II-D-1 and II-C-2c above. II-D-3 Landscape Standards 1. Calculate Parking Lot Landscape/Parking Area Ratio: Parking Lot Landscape Area: 159 sgft Parking Area 2,031 sgft Landscape Area/Parking Area =159 sgft/2,031 sgft = 7.8% > 7%: OK Calculate Parking Space/Tree Ratio: Trees 7 each Parking Spaces 12 each Minimum Required =1 tree/7 spaces = .14 trees/space Provided = 5 trees/12 spaces = .58 trees/space > .14 trees/space : OK 2. Existing trees are 8" caliper lealand cypress, a columnar tree. Both trees and parking are existing. 3. Existing tree bowls are approximately 2 feet fiom existing paving. 4. Landscape area is 9 inches fiom existing building to the west on adjacent property, landscape area is completely covered by branches of existing trees. It is doubtful that new ground cover could be made to grow in these conditions. 5. Not applicable. Landscape area and parking are existing. 6. Not applicable. Landscape area and parking are existing. II-D-4 Residential Screening Not Applicable I1-D-5 Not applicable II-D-6 Other Screening 1. A roofed, wood fenced, refuse and recycle container screen greater than 5 feet and less than 8 feet in height will be provided at the east end of the parking lot. See Drawing AVAI for location. 1729 Siskiyou - 11 S t 2. Service Corridor Screen - Not Applicable 3. Exterior artificial lighting is proposed to be located under entry/sidewalk canopy on south side and under stair canopy on north side. Fixtures with cut off to prevent glare to streets or adjacent properties will be selected. H-E Street Tree Standards II-E-1 Location for Street Trees Street trees will be located in the designated planting strip in the right of way between the 8 foot wide public sidewalk and the sheet and will be planted with root barriers and be drip irrigated. Planting will conform to the standards established by the City of Ashland Department of Community Development. II-E-2 Spacing, Placement, and Pruning of Street Trees 1. The property line at the right of way is 81.13' long. Three street trees will be provided, giving an average spacing of 27 feet < 30 feet. OK. See Drawing Al/L2. 2. There is an access drive at the east end of the planting strip. Trees will not be planted within 25 feet of access drive. See Drawing Al/L2. 3. There are no light standards in the right-of-way. 4. Trees will be centered in 7'-0" wide planting strip between the public sidewalk and curb. 5. There are overhead power lines between the public sidewalk and the property line. That is why the trees are being located between the public sidewalk and the curb. 6. Trees will not be planted within 2 feet of any hard surface. No trees will be planted within tree well in the sidewalk. 7. The Owner understands the requirements for tree pruning. 8. Existing street trees - Not applicable. II-E-3 Replacement of Street Trees Not Applicable II-E-4 Recommended Street Trees Flowering crab apple trees were selected fiom the recommended street tree list. SECTION III Water Conservation Landscape Guidelines and Policies Mandatory Policies Plants Ground cover will be 9" to 12" sprigs of kinnikinick planted at about 30 inches on centers both ways. Kinnikinick is a native northwest plant generally considered to be draught tolerant. No screen hedges are included in the project. The kinnikinick should easily achieve 50% coverage over 2 years and 90% coverage after 5 years. Existing turf will remain in undisturbed areas. r> Irrigation 1729 Siskiyou - 12 All irrigation will be drip type. Sprinkers will not be used. hrigation system will be equipped with a controller capable of multiple programming. It is anticipated that three zones will be provided. Topography No raised beans or raised beds will be installed. hY7gated area: Irrigation Zone 1: 405 sgft Irrigation Zone 2: 738 sgft Irrigation Zone 3: 603 sgft See Drawing Al/L2 for location of irrigation zones. Irrigation schedules shall be established by landscape installer. Landscape areas shall generally be filled and receive minimum slope to drain. Undisturbed area slopes shall be maintained as existing. See Drawing Al/Al for proposed surface drainage patterns. Landscaped area is less than 5,000 square feet. No Grading Plan is required. SECTION IV Historic District Development - Not Applicable SECTION V Ashland Boulevard Corridor - Not Applicable SECTION VI Downtown Ashland - Not Applicable SECTION V11 North Mountain Neighborhood Design Standards SECTION VIII Corman Mill District Standards - Not Applicable f" E A, 9 r 1729 Siskiyou - 13 City of Ashland Land Use Code Municipal Code 18.32.040 General Regulations General: The following compares the proposed project to pertinent pot-dons the City of Ashland Oregon Municipal Code. Code requirements are paraphrased in italics. Requirements which are beyond the preliminary scope of this submittal have been recognized and marked "Noted." Item which do no apply to this project are marked NA. A. Area, Width, Yard Requirements: No requirements except as required by Off Street Parking, Solar Access, Site Review Standards and 10 foot setback lvhere abutting residential districts. See below for Off Street Parking, Solar Access, and Site Review Standards. North Property Line is 30+ feet fi'om existing building, 36' from new addition. East Property line is approximately six feet from the existing building plus a 25 foot access easement from the adjacent residential property. Proposed project complies. B. Maximum Building Height: 40 feet. Proposed height of addition: 26 feet 10 inches Proposed project complies. (See Drawings Al & C1/A3 and Al & C1/A4) Municipal Code 18.61 Tree Preservation and Protection 18.61.010 Purpose - Noted 18.61.020 Definitions - Noted 18.61.025 Heritage Trees - There are no heritage trees on the site. NA 18.61.035 Exempt Tree Removal Activities ® No trees are proposed to be removed. NA 18.61.042 Approval & Permit Required - No tree removal or topping requiring a pennit is proposed. NA 18.61.050 Plans Required - Address permits for tree removal and topping. No tree removal or topping is proposed. NA 18.61.080 Criteria for Issuance of Tree Removal - Staff Permit. No tree removal is proposed. NA 18.61.084 Mitigation Required - No tree removal is proposed. NA 18461.092 Expiration of Tree Removal Permits - No hco reinovl is-- prQpQSed; NA 18.61.094 Conditions fopr Tree Removal Permits - No tree removal is proposed. NA 18.61.125 Evidence of Violation - Noted 18.61.130 Penalties -Noted t 1729 Siskiyou - 14 r 18.61.200 Tree Protection - Tree Protection as required by this Section is applicable to any planning action or building permit. - Noted A. Tree Protection Plan Required. 1. Tree Protection Plan ...required prior to construction and development activities... which require a planning action or building permit. A Tree Protection Plan is submitted herewith. See Drawing Al/Ll 2. ...Tree Protection Plan shall... clearly depict all trees to be preserved and/or removed on the site. To scale and include the following: a. Location, species, and diameter of each tree on site and within 15 feet of the site; OK b. Location of the drip line of each tree. OK c. Location of existing and proposed road, water, sanitary and storm sewer, irrigation, and other utility lines/facilities and easement. OK d. Location ofdrywells, drain lines and soalzage trenches. e. Location ofproposed and existing structures. OK E Grade change or cut and fill during and after construction. There will be no grade change at or near existing trees to reinin; g. Existing and proposed impervious surfaces. OK h. Identification of a contact person and/or arborist who will be responsible for implementing and maintaining the approved tree protection plan: Mark Snyder, General Contractor. i. Location and type of tree protection measures to be installed per AMC 18.61.230. See Tree Protection Plan Drawing Al/Ll. j. For development requiring a planning action, the Tree Preservation Plan shall include an inventory of all trees on site, their health or hazard condition, and recommendations for treatment for each tree. See Tree Protection Plan B. Tree Protection Measures Required. 1. Except as otherwise determined by Staff Advisor, all ...tree protection measures... shall be instituted prior to any development work... and shall be removed only after completion of all construction activity, including landscaping and irrigation. OK, Tree Protection Plan so states 2. Chain link fencing, a minimum of six feet tall with steel posts placed no further than 10 feet apart, shall be installed at the edge of the tree protection zone or drip line, which ever is greater, and at the boundary of any open space tracts (NA), riparian areas (NA) or conservation easements (NA) that abut the parcel being developed. Note; Drip lines occur over existing access drive which is well away from the construction zone. These trees will have a Tree Protection Zone protecting the trunk and roots which are not already protected by existing pavement. Protection at the Drip Line is impractical because it would require closing vehicular access, including fire access, to nine existing condominium units as well as the parking for the existing Cycle Shop. 3. Fencing shall be flush with initial undisturbed grade. OK Tree Protection Plan so states. 4. Approved signs shall be attached to the chain link fencing stating that inside the fencing is a tree protection zone, not to be disturbed unless prior approval is obtained from Staff Advisor for the Project. OK, Tree Protection Plan so states. 5. No construction activity shall occur within the tree protection zone. OK planso states 6. The tree protection zone shall remain free of chemically injurious materials and liquids such as paints, thinners, cleaning solutions, petroleum products, and concrete or dry wall excess, construction debris, or rum-off. OK Tree Protection Plan so states 7. No excavation, trenching, grading, root pruning or other activity shall occur within the tree protection zone. OK Tree Protection Plan so states. 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 1729 Siskiyou - 15 required tree protection measures and a building and/or grading permit has been issued by the City. OK Tree Protection Plan so states. 18.61.250 Performance Security The City may -require...a bond,.. ensuring the satisfactory completion and maintenance of the tree protection plan. Noted Municipal Code General Regulations 18.68.010 Fences A. Front Yard: No front yard fences are anticipated. B. Rear or Side Yard: No rear or side yard fences are anticipated except required trash recycle enclosure. See Drawing AI/A1 for enclosure location. C. Height: See above. D. Lean: See above. 18.68.020 Vision Clearance Area (Applies to all districts except Cl and El - NA). See Drawing Al/L2. 18.68.030 Access Each lot shall abut a minimum of 40 feet on a public street except may be 25 feet at a culv-de=sac or approved flag lot . Abandonment of existing lot line between 1725 and 1729 provides a lot line of approximately of 81.13' feet at Siskiyou Blvd. bringing the property into compliance with this requirement. 81.13' > 40 : OK 18.68.040 Yard Measurements Noted 18.68.050 Special Setback Requirement NA 18.68.070 Land Surveys A Map Of Property Survey was completed by L.J. Filar & Associates dated 7 December 2007, attached. 18.68.080 Commercial Excavation NA 18.68.090 Non-conforming Uses and Structures A. Non-conforming uses and structures may not be expanded The proposed Project has eliminated a non-conforming structure and adds no new non-conforming uses or structures. B. Discontinued use NA C. Reactivation of use NA. Note: Previous use of removed structure was retail and new use is retail. D. Nothing in this Title shall require any change in permitted plans or construction. Noted r, 18.68.130 Lot Size Requirements - General Exception NA 18.68.140 Accessory Buildings and Structures NA 1729 Siskiyou - 16 18.68.150 Waiver of Right to Remonstrate and Consent to Participate in Cost of Improvements Noted 18.68.160 Driveway Grades Ne1v driveway grades shall not exceed 20%. Existing drive grade is approximately 5%. Proposed project complies. 18.70 Solar Access 18,70.010 Purpose and Intent Noted 18.70.030 Lot Classification NA 18.70.040 Solar Setbacks A. Setback Standard A. This setback is for shadows onto Residential zonedproperty. NA B. Setback Standard B. This setback is designated to insure that shadows are no greater than 16 those cast by a 6 foot tall fence at the north property) line at 12:00 norm on December 21St when the angle of the sun is about 25 degrees. SSB = the minimum distance in feet the tallest shadow producing point which creates the longest shadow onto the northerly property must be set back fiom the northern property line. For C-1 zone use Setback Standard B: SSB =H-16'/0.445+5 Test for highest roof: H=29.83' S= slope of lot= 6'/98' _ .06 SSB = 29.83'-16'/0.445+,06 = 27.38' D1= Distance from high point to northern property line = 55'-11 > 27,38' : OK Test for most northerly roof H=28.08 S= slope of lot = 6'/98' _ ,06 SSB = 28,08-16'/0.445+.06 = 23.92' D2 = Distance of northerly high point from property line = 29'-9" > 23.92' ; OK 18.72 Site Design Review 18.72.010 Purpose and Intent Noted 18.72.020 Definitions Noted 1729 Siskiyou - 17 18.72.030 Application The project site is located in the Siskiyou Blvd. and Ashland and Walker Street Detailed Site Review Zone. See below for review of Site Design and Use Standards. 18.72.040 Approval Process Per Chapter 18.108. Noted 18.72.050 Detailed Site Zone Review The project site is located in the Siskiyou Blvd. and Ashland and Walker Street Detailed Site Review Zone. See below for review of Site Design and Use Standards. 18.72.055 Downtown Design Standards Zone NA 18:72:060 Plans Required Noted 18.72.070 Criteria for Approval Noted 18.72.080 Site Design Standards Administrative, Noted 1872:090 Exception to the Site Design and Use Standards. The proposed project will require Administrative Exceptions(s) from the Site Design and Use Standards due to: A. A demonstrable difficulty in meeting the specific site Design Standards to a unique or unusual aspect of the proposed use of the site. Approval of the variance (exception) will not substantially negatively impact adjacent properties (Such conditions exist and Administrative "Exceptions" will be required. The requested Administrative Exception will not negatively impact adjacent properties but rather al facilitate access by disabled individuals that is complicated by the sloping nature of the site unless the exception is granted. See review of Site Design and Use Standards above); B. The exception requested is the minimum which would alleviate the difficulty. We have endeavored to request only that which is required to alleviate the difficulty. 18.72.100 Power to Amend Plans Noted 18.72.105 Expiration of Site Design Review Approval Noted 1729 Siskiyou - 18 18.72.110 Landscape Standards A, Area Required: C-1 15% of the total developed lot area. Lot Area: 7,645 sqft Required Landscaped Area: 15% X 7,645 sgft =1,147 sgft Landscape Area Parking Landscaping 159 sgft West Side Yard (gravel path) 313 East Side Yard 168 West Front 53 East Front (including entry 710 walk, deck, accessible loading, and planting areas. not including accessible parking space. Total Landscape Area 1,403 sgft Landscape Percentage: 1,403/7,645 = 18.35% > 15%: OK B. Location to visible from public right ofivay ofprovide buffering from adjacent uses. All landscaping is located where it is either visible from a public right of way or where it provides a buffer fiom adjacent rises; C. Landscaping to be irrigated. All new landscaping will be irrigated. D. 7% of Parldng Lot shall be landscaped. Landscape Area/Parking Area = 159 sgft/2,031 sgft = 7.8% > 7%: OK (See H-D-3 above) E. One street tree per 30 feet of frontage. The property line at the right of way is 81.13' long. Three street trees will be provide giving an average spacing of 27 feet < 30 feet. OK. See Drawing Al/L2. 18.72.115 - Recycling Requirements Provide an opportunity to recycle site. An opportunity to re-cycle site will be provided. It will be located north of the existing building adjacent to a solid waste receptacle. Both will be screened with a fence and covered with a roof. 18.72.120 Controlled Access (applies to platting) NA 18.72.140 Light and Glare Performance Standards No direct illumination of any residential zone. Exterior lighting will be located under entrance/walkway canopy on the south (Siskiyou) side and under the stair canopy on the north side. Fixture will have cut off to preclude glare onto adjacent property. 18.72.150 Review by Conservation Coordinator Noted 18.72.160 Landscaping Maintenance Noted 18.72.170 Development Standards for Disc Antennas NA 1729 Siskiyou - 19 18.72.180 Development Standards for Wireless Communication Facilities NA 18.92.010 Off Street Parking 18.92.010 Generally Noted 18.92.020 Automobile Parking Spaces Required A. Residential NA B. Commercial: 3. Business, general retail, personal service. One space per 350 square feet ofgross floor area. C.2 Warehousing, One space per I, 000 square feet. See Parking Calculations on Concept Site Plan Drawing AVAI and Concept Site Plan. Per Calculations indicate required parking is 11.23 spaces < 12 spaces parking provided. 18.92.025 Credit for On-street Automobile Parking - NA 18.92.030 Disabled Person Parking Places Total in Parldng Lot Required Minimum Number of Accessible Spaces: I to 25 - 1. Proposed parking includes 1 accessible space complying with ICC/ANSI 117.1 1101.2.2.8 as recently adapted by 2010 Oregon Structural Specialty Code. Proposed project complies. 18.92.040 Bicycle Parking A, All zrse-.s: except detached single family Neside-.aces shall have-. a minimum of nPQ sheltered bicycle parldng spaces. Four sheltered bicycle parking spaces will be provided on either existing Bicycle Shop Porch. Proposed project complies. B. Residential NA C. Where off-street parldng is required, provide I addition bicycle space for each 5 auto parldng space. 12 auto parking spaces/ 5 = 2.4 bicycle space. 4 covered bicycle parking spaces will be owner provided and owner installed. OK D. Provide a minimum of I bicycle space for each 5 auto spaces. 12 15 = 2.4 < 4 total provided. Proposed project complies. E. Schools NA F. Colleges and University NA G. Spaces shall not be leased. Noted H. Residential NA 1. Bicycle Parldng Design Standards 1729 Siskiyou - 20 t 1. Visible, Convenient, Secure. Noted 2. Protected. Bicycle parking will be provided on existing porch. 3. Located ivithin 50 feet of well used entry. Bicycle racks will be located with 16 feet of the main entry to the Bicycle Shop. 4. Visible enough to provide security. Bicycle racks will be located within six feet of existing windows into the Bicycle Shop. Lighting will be provided under porch roof to enhance security. 5. Provide maneuvering aisle; An aisle will be provided. 6. Each bicycle will be accessible without moving another. Racks will be located such that each bicycle will be accessible without moving another. 7. Area shall be clearly marked. Noted. 8. Spaces shall be configured per Ch y ofAshland Standards. Noted. 9. Sheltered parking shall include minimum protection coverage per City ofAshland Standards. Noted. 10. Locate racks to minimize possibility of accidental damage. Noted. 11. Bicycles shall not impede or create hazards to pedestrians. Noted. ,T, Bicycle Parking Rack Standards 1. Rack shall meet City ofAshland specifications unless an alternative is approved. Noted, 2. a. Rack shall hold bicycles by frame. Noted, b. Racks shall accommodate three methods of locking. c. Paving shall be the same as the automobile parking area. Parking surface willbe existing wood porch floor. An exception is hereby requested. The proposed bicycle parking area is secure, protected from the elements, accessible, sustainable (because it already exists).. Further, it is currently, and has long been, used for bicycle parking. The requirement that bicycles be parked on the same surface as the automobiles is unreasonable and provides no benefits to either bicycle riders, the property owner, or the business owner. An exception is hereby requested. 18.92.050 Compact Car Parking Up to 50% of the total automobile parking spaces in a parking lot may be designated for compact cars. Minimum dimensions for compact spaces shall be 8 x 16 feet. Such spaces shall be signed. The proposed parking includes 6 compact car parking spaces, 50% of the 12 required spaces. They are drawn on the accompanying documentation at 8 X 16 feet. 18.92.055 Variances for Commercial Buildings in the Historic District NA 18.92.060 Limitations, Location, Use of Facilities A. Location: required parking may be located on another parcel of land provided said parcel is within 200 feet of the use it is intended to serve. Such right to use the off-street parking must be evidenced by a deed, lease, easement, or similar ivritten instrument... The author is infortned by the owner that the right to use the two parking spaces on the adjacent parcel to the north (well within the 200 foot limit see Concept Site Plan) is evidenced by property title. Copies of the appropriate documents will be provided with the Permit Application. (See Drawing Al/Al for location of parking on another parcel. B. Required parking shall not be located in front or side yard setbacks: Required Parking is located in back. Parking location complies. 1729 Siskiyou - 21 C. Mixed Uses. NA D. Joint Use of Facilities. NA E. All required parking shall be available for use of customers and employees. Noted. F. Not parldng in the front yard of residential zones. NA 18.92.070 Automobile Parking Design Requirements A. Size andAccess: Per parldng layout chart. Parking spaces shall be a minimum of 9X]8 feet except 50% maybe compact spaces as indicated above. Submitted layout uses 9x18 feet as indicated in the text of the Municipal Code. OK. C. Parldng areas of more than seven parldng space shall be provided with adequate aisle or turn-around providing access to parking area as follows: 1. Single Dtivelling Unit NA 2. Parldng areas of more than 7 spaces per lot shall be provided tivith adequate aisles or turn-around areas so that all vehicles may enter the street in a forward manner. The proposed parking has more than 7 cars. Tuin-around space for three of the spaces is a bit unconventional. Please see attached Parking Analysis. Diagrams indicate that proposed parking layout complies. 3. Parldng areas of more than seven parking spaces shall be served by a driveway 20 feet in width and constructed to facilitate the flow of traffic on or off the site with due regard to pedestrian and vehicle safety, and shall be clearly and permanently marked and defined Proposed parking layout utilized existing 20 foot wide drive located in 25 foot wide access easement. See Parking Analysis Diagrams. Proposed project complies. 4. Shared Use Driveways and Curb Cuts - minimize the number of driveways. Existing driveway is shared use with condominiums to the north. Proposed project complies C. Vertical Clearances: minimum vertical clearance 13'-6". Driveways and aisles are vertically unencumbered. Proposed project complies. D. Vision Clearance. No signs, structures or vegetation on excess of 2.5' shall be placed in the vision clearance area. Note: The vision clearance area on the subject property side of the drive is included in the access easement. E. Development andMaintenance 1. Shall be paved. Parking has existing pavement that will require significant patching in places. Proposed parking complies. Patching and repair will be provided. 2. Drainage: All required parking areas, aisles and turnarounds shall have provision made for om sire collection ofdrainage water to eliminate sheetflow ofwaters onto sidewalks, public rights-of- way, and abutting property. Existing conditions provide sheet drainage from the parking area onto the adjacent property to the north. Water drains down the access easement to a catch basin at the north end of the adjacent lot. This condition has existed since before the properties were platted. There has never ben concern expressed by the neighbors. It does not see, reasonable that a catch basin and storm drain need to be added to solve a non-problem. An exception to this requirement is hereby requested. See detailed discussion of drainage below. 1729 Siskiyou - 22 3. Driveway approaches shall be paved ivith concrete surfacing. Driveway is existing and on adjacent property. Approaches are paved with asphalt. This is an existing condition that cannot be addressed by the owner of 1729 Siskiyou Blvd. because he does not own the property. 4. Marking. Marking will be provided as required. 5. Wheel stops. Wheel stops will be provided as required 6. Walls and hedges. a) where parking abuts a street NA; b)where parking facilities are located adjacent to residential zone ...a sight-obscuring fence, wall, or evergreen hedge not les than S feet nor more than 6 feet high shall be provided on the property line. Existing parking and revised parking uses access easement to the north of the north property line. Existing back-up and turnaround area and pavement run over the property line. Unfortunately, the shape, size, and arrangement of the properties will not allow the introduction of a visual barrier on the property line. An Exception may be necessary to allow the existing situation to serve the new addition. If such an exception is deemed necessary it is hereby requested. 7. Landscaping. In all zones, all parking facilities shall include landscaping to cover not less than 7% of the area devoted to outdoor parking facilities, including the landscaping required in subdivision 6(a) above. Said landscaping shall be distributed uniformly throughout the parking area, he provided with irrigation and protective curbs or headers. A minimum of I tree per 7 cars is required. Landscape Area/Parking Area =159 sq$/2,031 sgft = 7.8% > 7%: OK (See 11-D-3 above) 8. Lighting shall be directed onto the site or mvay from property lines. Noted 18.96 Sign Regulations 18.96.010 Purpose - Noted 18.96.020 Definitions Relating to Signs - Noted 18.96.030 Exempted Signs A. - 1. NA J. Signs not visible to motorists or pedestrian on public streets, highway, sidewalk street or alley. Signs will be provided to identify accessible parking, and compact car parking. These sign will not be visible from the locations indicated. K.-L. NA 18.96040 Prohibited Signs This project anticipates no prohibited signs. 18.96.050 Sign Permits This Zoning Permit Application is not an application for Sign Permits, Sign Permits will be appliM for separately. This application does however illustrate anticipated sign locations and sizes and fiuther includes this analysis of the project relative to Chapter 18.96 as requested in the Pre- Application Review Comments. 18.96.060 General Sign Requirements A. Variances - NA B. Obstruction by Signs - No signs are proposed that will be obstructions. C. Bulletin Board or Reader Board - No bulletin boards or reader boards are being proposed. 1729 Siskiyou - 23 D. Placement 1. Visible from Residential District - No signs are proposed to be placed such that they will be primarily visible fi-om a Residential District. 2. Near Street Intersections - No signs are proposed to be located within vision clearance areas. 3. Near Driveways - No signs are proposed to be placed within 10 feet of driveways. 4. Future street rights of way. No sign is proposed within a future street right-of-way. 18.96.070 Residential Sign and North Mountain Regulations - NA 18.96.080 Commercial-Downtown Overlay District (C-1-D) - NA 18.96.090 Commercial, Industrial and Employment Districts A. Special Provisions 1. Frontage. The number and area of signs allowed by virtue of a given business frontage shall be placed on upon such business frontage and no building shall be credited with more than Avo business frontage; Business Frontages Allowed = 2; Business Frontages Proposed = 2: OK 2. Aggregate Number of Signs _Aggregate Number of Sighs = 2Business Frontage X 2 Business Frontages = 4 Signs No. of Signs Proposed = 2 Wall + 1 Ground + Wall or Awning Sign = 4 Signs: OK 3. Aggregate Area of Signs Aggregate Area of Signs 1 sgft of Sign/1 lft of Street Frontage Street Frontage = 56.131ft Allowable Area of Signs = 56.13 sgft: Proposed Area of Signs 56.00 sgft (see summary below) B. Types of Signs Permitted 1. Wall Signs a. Number: Number of Walls Signs Allowed = 2 Signs/Business Number of Businesses = 2 Business Total Number of Wall Signs Allowed = 2 Signs X 2 Business = 4 Signs Total Number of Wall Signs Proposed = 2, 3 or 4: OK (see summary below) b. Area: 1729 Siskiyou - 24 Total Area Allowed 1 sqft Sign/ 1 lft Legal Business Frontage t Existing Cycle Shop Legal Business Frontage = 27.661ft New Legal Business Frontage = 26.00 lft Existing Cycle Shop Wall Sign Area = 6.1 sgft < 27.66 sgft : OK Proposed New Wall Sign Area = 10.5 sgft < 26.00 sgft :OK Total Wall Sign Area 16.6 sqft < 53.66 sqft : Proposed Additional Wall Sign or Awning Sign Area= 56.6 sqft -16.6 sgft = 37.0 sqft (see below) c. Projection NA - no projecting signs are proposed 2. Ground Signs a. Number: Number of Ground Signs Allowed =1 Ground Sign/1 Lot (frontage > 501ft) Lot Frontage = 56.131ft > 501ft: 1 Ground Sign allowed Total Number of Ground Signs Proposed =1 Ground Sign : OK b. Area: Ground Sign Area < 1 sqft Ground Sign/21ft Street Frontage Lot Frontage = 56.131ft Ground Sign Area Allowed < 56.131ft/2sgft = 28.06 sqft Existing Ground Sign Area = 17.00 sgft Proposed increase in Ground Sign Area = 11.00 sgft Propose Total Ground Sign Area = 28.00 sqft < 28.06 sgft: OK c, Placomont: Signs shall be placed so that no potion of sign shall extend over property lino; Note: Existing sign extends over the property line between the subject property and the adjacent property (access easement to the east). Sign will be relocated. Sign location complies with vision clearance requirements. OK d. Height: Height 5' above grade - Noted Exact ground sign design will be submitted separately for separate perm it. 3. Awning or Marquee Sign - There is an existing awning sign, no marquee sign is proposed. a. Number: t" 1729 Slskiyou - 25 Nwnber of Awning Signs Allowed = 2 Awning Signs / 1 Business Frontage (each in lieu of Wall Signs Allowed) x 2 Business Frontages = 4 Awning Signs - Number of Wall Signs (see below) Allowed b. Area: Allowable Awning Sign Area Aggregate Wall Sign Area - Area of Wall Signs Note: Two Wall Signs (one new and one existing) with a total area of 16.6 sqft are firmly proposed leaving 37.0 sqft for Awning signs or additional Wall Signs up to a total of four: There is an existing Awning Sign which wraps around the south east corner - existing south Awning Sign approximately 24 sqft, existing east Awning Sign approximately 48 sqft. or approximate 72 square feet total. The text and graphics on the east Awning Sign are all most not visible. (see summary below). c. Projection: Applies to Marquees only. NA d. Height: Applies to Marquees only. NA e. Clearance above grade, Applies to Marquees only, NA £ Signs painted on Marquee: NA 18.96.100 Freeway Sign Zone NA 18.96.110 Abatement of Nuisance Signs NA 18.96.120 Construction and Maintenance Standards - To be addressed with sign permit application 18.96.130 Nonconforming Sign A. Any sign which does not conform with a provision of the Ashland Sign Code, and has been in existence more than five years, is subject to this Section. B. Existing non-conforming signs cannot be altered unless they are brought into conformance. There are two existing signs which do not meet requirement of the Sign Code. One is the existing Ground Sign (17sgft) which straddles the diagonal property line (see drawing), and the other is an existing Awning Sign of approximately 74 sgft which exceeds the allowable aggregate area for Wall/Awning Signs. This Project proposes to delete the existing Ground Sign and add a new Ground Sign (28 sgft), under separate permit, which is properly located as indicated on the Landscape Plan. This Project also proposes to modify the existing Awning Sign by reducing it's size from approximately 74 sgft to approximate 11 sgft thereby bring it into conformance with the aggregate area requirements of the Sign Code. C. Any nonconforming sign used buy a business... must be brought into conformance prior to expansion... which requires a Site Review... All nonconforming sign must be brought into conformance with the same provisions as are required for new signs. No building permits for new construction may be issued until this provision is complied with. The two existing non-conforming signs will be either eliminated or modified to meet the requirements prior to, the construction of this project. 1729 Siskiyou - 26 D. Variances - NA 18.96.140 Enforcement - Noted 18.96.150 Government Signs = NA 18.96.160 Historic Signs - NA Signage Summary Allowed Proposed Total Signs (per A.2. above) = 4 4 Total Wall and/or Awning Signs = 4 3 Total Ground Signs Allowed = 1 1 Total Sign Area Allowed (per A.3. above) = 56.13 sgft 56.00 Total Wall and/or Awning Sign Area Allowed 53;66 sgft 2$;00 Total Ground Sign Area Allowed = 28.06 sgft 28.00 Existing Wall Sign Area = 6.1 sgft Proposed Wall Sign (gable) Area = 10.5 sqft Committed Wall Sign Area = 16.6 sqft Uncommitted Wall/Awning Sign Area = 11.4 sqft Existing East Awning Sign Area (approx.) = 48 sqft Existing South Awning Sign Area (approx.) = 24 sgft Total Awning Sign Area = 72 sgft Exceeds 11.4 sgft available ; Not OK Awning signs will be either removed or made conforming prior to issuance of Building Permit. "TVI 1729 Siskiyou - 27 Sanitary Sewer Concept The previous Sewing Machine Shop sanitary sewer was connected to a private sanitary sewer located to the north in the access easement and crossing the north east corner of the subject property. The existing Bicycle Shop is connected to the same sanitary sewer. It is proposed that the new Retail Addition be connected to the same private sanitary sewer. See Drawing AVAI for location of proposed sanitary sewer connection. Storm Drainage Concept Existing Storm Drainage The existing parking to the south of the site in the Siskiyou Blvd. right-of-way currently drains onto the subject property as well as the Siskiyou Blvd. pavement north of the crown. The west portion of the property is currently occupied by partially demolished basement walls and basement floor slab of the previous Sewing Machine Shop. This area, as well as the north end of this west portion of the property, including existixr payed pa}'icing, surface drains onto the existi r; parking- lot to the north, across the pa}kLng lot, over the property line, into the condominium access easement, north across the access easement pavement and off the north end of the condominium property into an abandoned Talent Irrigation District TID) ditch. The area drained thusly, not including the paved portion of Siskiyou Blvd that drains onto the south parking lot is greater than 4,500 sgft. The parking area on the right-of-way in front of the existing Bicycle Shop also drains onto the subject property, but is diverted to the east of the Bicycle Shop and surface drains through the landscaped set back and unpaved portion of the access drive in the access easement to condominium parking then to the north edge of condominium property and into the TID ditch. This amounts to about 4,600 sgft, not including the building roof or the paved portion of Siskiyou Blvd that drains onto the south parking. The existing Bicycle Shop roof, about 1,800 sgft, is a pitched gable roof that drains into metal gutters at the eaves then into downspouts that drain into a buried storm drain system. The Bicycle Shop roof does not contribute to suf'ace drainage. The current area contributing to surface drainage from 1729 Siskiyou and the Siskiyou Blvd. right-of-way (not including the paved portion of Siskiyou Blvd.) across the adjacent condominium access easement is approximately 9,100 sgft. Proposed Concept Storm Drainage Plan The roof of the new Retail Addition and plus filling and re-grading of the south yard and right of way area will divert a significant portion of the current surface drainage to an existing drainage ditch on the south side of Siskiyou Blvd. A new concrete curb and gutter will be added at the pavement edge of Siskiyou Blvd. that will guide run-off fiom the north side of the boulevard to a new catch basin at the west end of the new curb and gutter to receive storm drainage off the south half of Siskiyou Blvd.. The right-of-way planting area adjacent to the curb and the new concrete public sidewalk will drain into the new concrete gutter then into this new catch basin. The portion of the right of way planting strip between the new concrete public sidewalk and the property line west of the new entry walk will drain south west onto the adjacent right-of way. The portion of the right-of- way planting strip between the new concrete public walk east of the entry walk will continue to drain north east onto the access easement. The new catch basis will connect to approximately 50 feet of 12" RCP storm drain (sloped @ 0.5%) to an existing drainage ditch on the south side of Siskiyou Blvd. 1729 Siskiyou ~ 28 The yard in front of the existing Bicycle Shop and the south property lines will continue to drain north east, around the east end of the Bicycle Shop, then north onto the condominium access easement and then north to the north condominium property line into the abandoned TID ditch as it always has. The roof drainage from the existing Bicycle Shop will remain unchanged. The majority of the roof drainage from the new Retail Addition will enter a new 4-inch diameter buried storm drain (approximately 30 feet long @ a slope of 1%) at the south west coiner of the addition that will drain the storm water south, under the right-of-way planting strips and public sidewalk to a curb inlet on the north side of the new catch basin from which the storm water will drain across Siskiyou Blvd. into the drainage ditch on the north side. (This drainage will require verification of existing grades by a registered surveyor which will be accomplished prior to completing and submitted the final design. This work will also require an ODOT permit because it is with the right-of-way.) The new Retail Addition will have a gabled roof pitched to the west and the east. The west pitch is a single plane that will drain into a gutter with a downspout at near the south west corner of the building and into the abovo inontioned A -inch diareter_ buried storm drain; Tho southera portion of the west pitch will drain either directly onto the entry canopy roof or via gutter and down spout onto the entry canopy roof. The storm water on the entry canopy will drain in a gutter around the south east corner of the canopy, over the entry to the new Retail Addition, into a down spout where it will be picked up by a buried storm drain and carried west, across the south side of the new addition, and into the above referenced new 4-inch diameter storm drain at the south west corner of the new addition. The small northern portion of the east roof pitch will drain onto the roof of the existing Bicycle Shop and into the exiting Bicycle Shop storm drainage system. Not including the drainage to be diverted from the pavement north of the Syskiyou crown, the Project will reduce the area currently surface draining across the north property line from approximately 9,100 sgft by approximately 6,960 sgft to about 2,140 square feet or more than 75%. Because the existing basement slab, will be covered by the new Retail Addition and the existing parking pavement to the south will be removed approximately 3,300 sgft of hardscape will be eliminated. The new entry walk, accessible parking, and loading will add approximately 1,400 sgft of new hardscape. Therefore the project will provide a net decrease of about 1,900 square feet (57%) of hardscape. The footing drains for the new Retail Addition will be drained from the north east corner of the new Retail Addition to the east to connect into the existing Bicycle Shop storm drain system. See Drawing A VA1 for proposed locations and routing of buried stone drains. * * *End of Written Findings * 1729 Siskiyou - 29 Office: 4862 Payne Road Mail: PO Box 130, Talent, OR 97540 Stuart F. Smith, AIA Phone: (541) 512-0399 e-mail: redtailridgel@msn.com January 16, 2013 Rose Court Condominium Association c/o Susan Jane Dallas 1745 Siskiyou Blvd. Ashland, Oregon 97520 Attn.: Rose Court Condominium Association Executive Board Subject: 1725-1729 Siskiyou - Siskiyou Cycle Shop Building Retail Addition Ladies and Gentlemen, I am an architect working with your neighbor to the south, Mr. Ben Pazzira, owner of the Siskiyou Cyclery. Mr. Pazzira is planning on building a retail addition to his existing cycle shop building As you may know there is currently parking for the property on the Siskiyou Blvd. right-of-way and on the south side of the Cyclery building adjacent to your condominiums. In order to gain City and ODOT approval of the project, it will be necessary for Mr. Pazzira to develop the Siskiyou Blvd. right-of-way to City of Ashland Standards so the existing parking off Siskiyou will be lost. The City has also indicated that they will not allow parallel parking along Siskiyou Blvd. This means that the parking for both the existing Cyclery building and the new addition will be on the north side of the Cyclery building and accessed via the existing access easement on the condominium property. The Americans with Disabilities Act requires that accessible parking be placed convenient to the main entry. The City requires that the main entry be placed facing Siskyou Blvd. As you are aware the south parking is a full story below the main entry and retail level grade as well as being quite separate from the main entry by the disabled customer. The City has recommended that the one required accessible parking space with drop-off be located in the space where the access easement widens into a triangular space at the south (Siskiyou Blvd.) end. This is their preferred location because locating the accessible parking on Mr. Pazzira's property would be counter to the current planning regulations that disallow parking between the street and the building on the subject property. The purpose of this regulation is to create a more "urban" streetscape. The City would have to grant an"Exception" to allow the accessible parking to be placed on Mr. Pazzira's property. I have prepared a drawing (attached) that shows how the accessible parking/drop-off would fit into the triangular portion of the access easement as well as the building addition, walkways, and conceptual landscape planting to illustrate the proposal. The City has indicated their preference that the accessible 1725 & 1729 Siskiyou - 1 parking/drop-off space be constructed of either concrete pavers or decorative concrete, so the space will not be black asphalt but will rather appear as a decorative plaza. As you are doubtless aware, accessible parking spaces in Ashland often go unused. Further, the bicycle business generates few disabled customers. It is anticipated that very little traffic on the access easement will be generated by locating the accessible parking/drop-off at this location. We believe that parking in this location is in the spirit of the access easement and would therefore require only your approval in term of legalities. Mr. Pazzira regrets the circumstances that led to the demolition of the old sewing machine shop adjacent to the Cyclery and the subsequent delay in replacing that structure. I can assure you, he has probably been more concerned about the appearance of the property than even you, his nearest neighbors. He is looking forward to improving the property in a manner that will have a positive impact on the value and aesthetics of the adjacent properties. He has been a good neighbor allowing condominium visitors to park in Cyclery spaces and endeavoring to keep his property clean and tidy despite unfortunate circumstances and he looks forward to continuing an a]nicabl_e relationship, I am therefore requesting, on behalf of Mr. Pizzara, that the Rose Court Condominium Association approve his proposal to construct one accessible parking space and related drop-off space in the access easement located as indicated on the attached drawing. The next step in the project process is approval of the Conceptual Site Plan which should be completed prior to preparing Construction Documents for permitting. In order to move the project forward, we are requesting that, if possible, you make your decision on this matter during the next two to three weeks. It would be appreciated if you could please respond by letter. Please feel free to drop it off at Siskiyou Cyclery. If I can provide you any additional information on this matter please feel free to call me at 541 512- 0399 or e-mail me at Respectfully submitted, Stuart F. Smith, AIA Principal Architect f- 1725 & 1729 Siskiyou - 2 yr eT1 , - arc' ,.r: a f If.. 716- AaEAHfY eT[e i1ndM1ldrol ~`.-(elanlnl r ir_nonll dy FnlLrl}~ eeW ruauenlrla ea eonttcne. 0a. nru r, . ~ J r I i • %i''• - : 'I WARRANTY PIED-TENANTS BY ENTIRETY •r.:..i , 85•-2013'1 t` II KNOW ALL MEN BY THESE PRESENTS, That..-RUSS1aGL_Ts...AALG.A041- !}RRT..GOUJTGN....... .I . { i - - ` horeinnffer called Ilia grantor, for the consideration hereinafter stated to the grantor paid by....WlLlJ M..RUSSELL..... I , ASDILL ai}d„WFtNDA,-~OIS. A$OZLL-.-,,.,.-.--- • husband and Evile, hereinafter called Ilia grantees, does I j - r hereby grant, bargain, sell and convey unto life grantees, as tenants by the entirely, the heirs of the survivor and Their tI - 9 assigns, that certain rent property, tvith Ilse tenements, horeditamonts and appurtenances If!ereunfo belonging or ap- • ~ ~ •r• jj pertaining, situated in !ho County o/.....:7acksQg.-•,............... State of Oregon, described as follows, fo•IVih. Cemmncing at the Southeast* corner of Donation Land Claim No, 45, Township 39 South 20' I Range 1 Cast of the Willamette Meridian, Jackson County, Oregon; thence North 761 ty' - t! 4911 West 51.45 feet to a 5/011 iron pin located at the intersection of the Northerly right of way of Siskiyou Boulevard and the Wb terly right of way of Nor}Ital Avenue; thence North 56° 07' 3011 West (record North 56° 13' West) along the Northerly right of tX way of SiskiYou Boulevard, 419.54 feet to the true point of beginning; thence continue y 1~ North 56° 07' 30" West along said right of way 26.36 feet, Trore or less, to the South- + east corner of tract described in Docimient No. 78-28118, Official Records of Jackson tj County, Oregon; thence North 33° 52' 30" East (Record North 33° 471 East) along the Past II boundary of said tract 89 feet; thence leaving said boundary South 561 071 3011 East 26.86 feet, more or less, to a point which bears North 34° 11' 4011 East 09 feet from j~ the point of beginning; thence South 34° 111 40" West 89 feet to the point of beginning. IVRrRER GRANTING unto the Grantees a 10-foot wide auterrlohile right of way as presently ( i I 1; 'located on `the adjoining property of the Grantors and extending to the rear of the t ,1 IIF SPACE INSUFFICIfNT, CONTINUE DESCRIPTIOII ON REVERSE SIDn (Over) I{ To Have and to Hold the above described and granted premises unto file said grantees, as time Is by IIFa en- - is• - "'•ii:-~ firety, their hairs mud assigns forever. rr Arid grantor hereby covenants to and with grantees and fife hairs of (fie survivor and their assigns, that grantor 'I - - ` t-. - ' t•i-. is Imvful/y seized in fee simple of (Ito above granted premises, free from all encumbrances......................................... I! ~t S1 I'•..: ,i(i,:;: - I and that I' ',•1 ' grantor Ivill warrant and forever de/end the said promises and every part Find parcel thereof against the Inlvful claims _...,.•I ;Y , . "l, a and denuuTJs of all persons whomsoever, except those claiming under the above described encumbrances. 1 ` ~ ' i ~ • ~ l a The true and actual consideration paid for this transfer, stated in terms of dollars, is li } .;/I r p.: Oy~fyeyery, - a! op imiludea ---petI3 of e-gFverF-er-presrFiseri-N•ItIis ! pn,"khe Cnnsidtl4tfieFF(indlCn(e}Vllich)P (Tho sentence benvoen the Sym4ole0,if not oppNcahlq should ho JololeJ. Sea ORS 9.1.030,) :I ( In construing (his deed and where the context so requires, Ilia singular includes (Ile plural rind all grammatical I' changes s11n11 be implied to make file provisions hereof apply equally to no ations and to individuals. i{ ..:.•N ~ t.. j day o/...._A t 1980...; hl Witness Whereof, the grantor has executed this irisfrume fis lrc J ii a corporate grantor, if ties caused its name to be d a ~enl . ed y '(s , nuflmrizeIf lharefo by d order of its bond at directors. k >s. Vial°•,P'e:~ o(iP rmm.• I• .t. l: ti i` ,.,.5.... - )lST TA--OF OREGON, Counay S I! ' F OR ) R ATE O ) 9 f f ,1,f:,., .1 PcrtonaRy aPPeared............. _..._anJ vho, being duly en•orn, Porsongtfy appeared Ill. above named. oath !or himsolF and Fiat ono for the other, did soy IAoI tip. /armor la !ho I - - Sd Ru p,sfJonl and that Ill. Inlf.r h fho -.i „ . d I i : an u I •.r:..:. - :t' - S i Co lton , .................................rotary of .1 . F _ . . - :'f i• J n.knmvlaJgad the foragoing Insfru- anJ Ihaf the seal al/ired fo rho for.g.ing instrument is fho e.rnornto wool 'S ~ ~ i '',r-'"' I • - - w I ~y. ibC.tl. s.:, ! I Aid I c cu n and ruin lnsn s! iand -.led in b.- .n" •;t,~, t ; • , • 1.' y ~r~p- b Uo,.•,.1... ' voluntary net and deal, e d ( - f - Pd ~;t~l~gv IS.i s hall o s.fil (J <orpeiomll.n by y aufhorlly o1 f its ifs board ard al directors; and each o/ I! 7 ' • F~:' ! r 3• Iham -Anmvledged sold Instrument to ha its vahrnfny r act and dead. t , i✓ i i..'`: ' ° rd n Rotor. rim: 17 . 7 Sac Cl (OFFICIAL SEAL) ,,.NZ d'), Addl. or Omg.n pp Notary Public for Oregon ! •r 3' Oi CA~Iy''sF fvliruhfon orphan . My commisslon expires, 6\; 1 _ • y~, : j Rosoell E, Dalq and IanY f olton STATE OF OREGON, ! I r . t~~i - I~ _ _ _ County of ......J auexnams uene ern eupnsss- I certify that he within instru- I William Russell and Wanda Lola Asbill__.._ meat was ro,.ived /or record on the ~i i • ,•I I Wt j at.............. y._o'cl'-.- ......M., and recorded I{ anernce•s uene ern eonncss -.1 AMAY[o in book/reel/vo r le No .................._...on { Alursa..d;.c "fvm I., ran i ' ~11 n on.cn a u pride Fri. document/lee/life/ - ,r.;i - I _ _ cc use instrument/a crofila No. II - Record of D ads of s id county. ; t ..~..»___.ru .aeon .zir......____.___..._..._...._... Witness my hand find sea/ of ` { • ..III o rhon.a n rtgvrnrd 0111.. rl.Irm.nnrrAal! 6a Fief I. IN, f0l. e R oddnrr. County Affixed. I- ' " - F}. ~f iY7 roof By -'--.----Depuly I ' - Nene. ennnE..,irn $3siY4} lW ~l't;,'ta'•tr.,~f.~r • i 1'~:t+u+~'8e: - a~.•~ t;:'~,~tc•n1~~ • . _ _ ~ T.5' -r (1 s t r ' premises, and a perpetual license for twv parking spaces on-t1he adjoining premises of I Iliw ant=s. - •``"~~I This InstrUment(11odforword oaanaccomodwono*ly. I ' It hss not been examined as to its exocutbn or'su to M , . { effect upon tho t1go. j Crater Title Insurance Co. Jackson County, Ore= . ' - Aworded OFFICIAL RECORDS t i tir'( ~o,sNOV2 21985 t . IUl7~I4EEN S• BECXETT r: t }1ti5##;' CLERI and RECORDER I t rr , ~"`y { } l`, t } t of { t k t t. ~ tr j ' -i 4' 7~ ~ ~t kt, r ..i+..r.rm•4- mm •~.--~•~•^'T'•:•"'-•-•----~_..--^-...-._.'- _ ...F.,.:- , F 1 i 68•.0980 (For Sewer Purposes) `f t'or and in oonsic3erati"on of the sum of One Dollars ($1.00), the undersigned does herebjr ,gxan,t .an:.easemen- unto CITY OF ASHLAND, a municipal corporation of Oregon, for sewer purposes 'liver the real property situated in said City of Ashland, Jackson County, j Oregon. described as follows, to-wit; i Erom;,the corner between Sections 10 and 15,-Townbip~39..S. Range 1 E. Willamette Uoridian, 126.4 feet Last' to •9,he center line of Waller Avenue. Thence i ' ~Oeoi th 0015' EQst 486.05 feet to the true point of 9iping . , om the true point of beginning,, the ter line of-an easement for a sewer will be des- t cribed, said easement to occupy fire feet on either i side of the described center line. From the true point of beginning South 53052' East 322 feet; thence j South 42051' Last 69.5 feet, thence South 72021' East 25.0 feet, thence north 83051' East 200 feet, thence i South 56028' East 121 feet„ thence South 39047' East 41 feet, thence Soutb 52020' East 170 feet thence South 4.4040' Last 414 feet. The undersigned warrant that they are the owners of said real property, and that same is free of encumbrances. IN WITNESS WHEREOF, we have hereunto set our hands and seals ~ this day of i (SEAL) (SEAL). _ ' (SEAL) (SEAL) I i r (SEAL) (SEAL) (SEAL) (S1.?AL) t ! J%4a-de/k-, (SEAL) 'SP sLAL) ( SEAL) c3Z 2 (SEAT,) (SEAL) - (8~5AL1 --(SEAL.) ' (SEAL) (SEAL) (SEAL) (SEAL) i ► 68x09805 d i STATE OF OREGON I County of Jackson, as. I On this, the ^f day of 1949, before me, i ' i the w-idersigned, a Notary Public in and for Oregon, personally appeared 11 i vrho are personally known to me to be the identical persons described j in and who executed the foregoing; deed, and they acknowledged to me I the execution of same. Notary iblio for •egon ' i > te., r 4 -4W 0 ~.pl+jrcOrt ssi on expires: i I r.:O~iUsD-.t' i7,166 O CT P11 12 0 ~ aY-_,- 02 3231 108632pg EXHIBIT A Unit Five (5) of ROSE COURT CONDOMINIUMS to the City of Ashland, Jackson County, Oregon, according to the official plat thereof, now of record.,Iogether with an undivided one-ninth (1/9) interest in the common elements, as set`out--in Declaration, Easements, and Encroachments, and Assessments, recorded September 5, 1990 as No. 90-22687 of the Official Records of Jackson County, Oregon; and By-Laws, Charges, Assessments, Easements, Maintenance and Repair, Restrictions and Requirements, recorded September 5, 1990 as No. 90-22688, said Official Records. (Code 5-01, Account #1-79320-6, Map #391E15ABD, Tax Lot #80001) Subject to: 1. The effect of said property, or any part thereof, lying within the Talent Irrigation District, and subject to all water and irrigation rights, easements for ditches and canals, and all regulations of said District, including any and all assessments, liens and charges assessed, and to be assessed. NOTE., "This plat and the dedication hereof is subject to the condition that Talent Irrigation District has no obligation to deliver water, although this land is subject to the statutory powers, rules and regulations, of Talent Irrigation District", as shown on the Plat and Dedication of Rose Court Condominiums. 2. Agreement, subject to the terms and provisions thereof, by and between Russell Dale and the City of Ashland, recorded January 20, 1981 as No. 81-01015 of the Official Records of Jackson County, Oregon. (Affects the General Common Element) 3. Easement for sewer purposes granted to the City of Ashland, a Municipal Corporation of Oregon, by instrument recorded October 1, 1968 as No. 68-09805 of the Official Records of Jackson County, Oregon. (Affects flag portion of the General Common Element) 4. 10.0 foot automobile right of way and a perpetual license for two parking spaces, granted to William Russell Asbill, et ux, by deed recorded November 22, 1985 as No. 85-20137 of the Official Records of Jackson County, Oregon, and as shown on the plat and, dedication of Rose Court Condominiums. (Affects the General Common Element) 5. Easement maintenance and other matter as set out in the instrument recorded June 12, 1989 as No. 89-12211 of the Official Records of Jackson County, Oregon. 6. Non-exclusive automobile right of way, 10.0 feet in width, and also sufficient area for automobile back up requirements for approximately four offstreet parking spaces, granted to Carl N. Crafton, st ux, by deed recorded November 28, 1989 as No. 89-27843 of the Official Records of Jackson County, Oregon, and as shown on the plat and dedication of Rose Court Condominiums. (Affects the General Common Element) 7. 10.0 foot public utility easement, as shown on the plat and dedication of Rose Court Condominiums. (Affects the General Common Element) 8. Board Fence encroachments, as shown on the plat and dedication of Rose Court Condominiums. (Affects the General Common Element) 9. Covenants, conditions, restrictions, easements, and/or setbacks imposed by instrument, subject to the terms and provisions thereof, recorded September 5, 1990 as No. 90-22687, of the official Records of Jackson County, Oregon. k ~ e fi_ C f4z j E 1~ ,a ff -T I Il,~' ~ CMS 4t~ - - f Til JL. i _ ~ ms v LL ~ - i i NO`J3MQ `QNVIHSV `OAISnO),NSISSZL4 c YnI% I ki ilk iris? b . - ~ ® QF5 P. E5 A 0\I V HE Fz c `.g°~ s zne v' ~`a c gym ~g $ 2S 5 m ~ ~ ~ ® a H, o 5 z ~o Pa1 A 88 id er s t t t I I I ~ way I S ° LLJ J I ~ .aOTL 3 A1~e08d~ I ~ I I LLJI 1 ( S I I U ~-P - =i i 1 f U 1~adY#~ 9 Ln - Q I LWLJ ~I lov5 D L 1 a~ 1( w ¢ a ® ,00'88 3fB kLadw dolis 'i 959= t t I~ x J su ! -:rAavaaasma~ 'i ~a rt ~ .o-e~ I ~ II 1 2. NOSJ No 'aNV'-IHSV '®Al8 nom)4sls 9ZLL " a 8JIZZ8d Leas °a o$ _ NOLLIG V JNimino 1ib1~~B b - U IE I i i o~ t= s. ¢x a c / U N cn L~J Z J O LaX.I } ~ U U g ~ ~I F- O iLj F- Z ¢ .01 HLvd -Bkvw Am don, NOOE'dO `®N77NSV `ciAlq no,,&i'SBS SILL 1 a El I i o SIP V) 5 g n F a& a z ~~52s j ~ m ~ g U ~ (D PH ~e $ S i!D s F Z 9~ ~ w C- o8° g O C) an y? L'i g2 gill LwJ Z Sias«8g 6 c~ a s~ LLJ LLJ z~ n - / J u \ n z° / / z I / I QC/) `d ® w HUT I ® U Vl ® 41 `sa y j f t ® .a. ®1 Q i Hire CT4 ® G ® o i \ C V ~ /Z ~ i ~ ~ / g%~ /o / ~ A ~1 / ~ ~ _~e / / / ~ ,.Orb r~ s i / / m / ~ - tise moo' \X/\ ~ / ~ i~ ~ ~ / _ / i i ~ `b ~ _ ~ Q ~ I Gov i ~ a ~ / i` ,i i,~~ N`' ~1~ / b ~ ~ ~T' pgS ~ %7e ~ e / ~ / 301 ~ - i, xi`~~l I ~ ~ po ~ QO I ~ ~ / ~e OoJ „I / ~ ~ ~ , / I % II/ ~ y~l ~ l //i~ i/ N\ / ~j ~ i` / ~ ~ / ~ i~ , / ~c Jan-30. 2013 9.23AM No-0125 P. 1 r % ZONING PERMIT APPLICATION Planning Division CITY a ► 51 Winburn Way, Ashland OR 97$0 FILE N F -ASHLAND 541-488.5305 Fax 541-488-6006 ' DESCRIPTION OF PROJECT ~'►eu-l e 44; ~vtoL ► y m DESCRIPTION QF PRQPERTY Pursuing LEEDO Co6fication? O YES ONO Street Address f 2!3 615 I f~ en/ ✓w, Assessor's Map No. 391E ~ Tax Lot(s) 7~ning Comp Plan Designation APPLICANT Name ~55kyae t 5'.e 41,4 Phone 154 / / 2 O 3!!1? E-Mail[ n~s~ G®wr Address _ d. x rrJ ~1 City . / 2 zip, GJ . PROPERTY OWNER ~J Name 23eei -2 2 t fi-s Phone 4"5-,0. 14 93/,s E Mallkr~a7~iM u~~o~. ~r~~-a Address 50 _51,341' P t /l '510 kirT~L"d City dip q 15"2,0 SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECL OTHER Title rc~ 114CG Name Phone6!P-0'/Z O E•Meil rea 7 v li'i ~J^'~'r►1y~~~ar, Address Q. &K 136 City i[et ~f OR Z)P. I's G~ Title Name Phone E-Mail c Address City Zip l hereby cenl/y that the statements and in/orni,760 0171010, 411) Ibis applk,9(01 Iff0 diir8 the enclosed drawings and tits fequlred Altdings o/ /act, are In all respects, tnie and correct. t understand that ad property p/ns mist be shown on the diamngs nod visible upon the site Inspectlon. In the event the plus are not showt) or their locallon found to be hrcowl, the owner assunws /tid responsibilily. I lruther understand (bat 1/ thls request is subsequently contested, the btiden will be on are to establish: r) that l produced sufficient /actual evideixe of the hc►nring to support Ibis request" 2) Ihpt ttw lndirrgs o/ loci lum1shed/us1&s the gtandng of the request., 3) that the Ftrdings of fact lumslod by me are adequate, aw 4#11w d) that ad stw1ures of improvements are pr apery located on the yond F~t/rue ir► tlr/s regard ►viil rewq mast irkely r not ody the request being set aside, brR also possibly in my struclures being buUl in reliance thereon being requited to be rearoved al illy a nse. Ill Lb `I am ~adv (o seek competent piolesslonal advice and assiswee. Applicant's Signature Date T. As owner of the p( party involved in Ibis request, I have read and understood the complete application and its consequences to me as a properly own Property Owner's S g a (required) Date roo~ Ica aYS~ti Date Received ` zoning Permit Type Filing Fee $ - OVER 0 " (I,cmrndev'"plewnFFnrm+.cis.rsnaein,~n8rn..v~ArrJk.4md~c . Job Address: 1729 SISKIYOU BLVD Contractor: ASHLAND OR 97520 Address: A C P Owner's Name: MEHMANPAZIR BEHNAM 0 Phone: Customer 04543 N State Lie No: L T City Lie No: P SYNTHESIS TECHNOLOGIES Applicant: R I Address: A C C Sub-Contractor: A Phone: (541) 482-1997 T Address: N Applied: 01/30/2013 0 T Issued: Expires: 07/29/2013 R Phone: State Lie No: Maplot: 391E15AB3303 City Lie No: DESCRIPTION: Commercial Site Review - project valuation $155,000 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 Commercial Site Review (type1) 1,757.00 CONDITIONS OF APPROVAL I i COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us C I T Y O F Inspection Request Line: 541-552-2080 LA