HomeMy WebLinkAboutNevada_87_PA-2014-00527
CITY F
ASHLAND
June 5, 2014
Notice of Final Decision
On June 5, 2014, the Community Development Director approved the request for the following:
Planning Action: 2014-005
Subject Property: 87 W Nevada Street
Applicant: Carol's Colors
Property Owner: Wilma LLC
Description: A request for renewal/extension of the existing Conditional Use Permit
approval (PA #2011-01415) allowing a landscaping business to operate on the former Ashland
Flower Shop & Greenhouses properties at 87 West Nevada Street and 811 Helman Street as a
temporary/short-term use until construction of the approved Verde Village Subdivision occurs
on the property. With the requested renewal/extension of the Conditional Use Permit, the
applicants also propose some parking and storage of materials outside of the fenced area, and to
use the rear of the property to actively compost yard debris.
The Community Development Director's decision becomes final and is effective on the 13`h day after the
Notice of Final Decision is mailed. Approval is valid for a period of one year and all conditions of
approval identified on the attached Findings are required to be met prior to project completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review 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.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a
reconsideration of the action 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 ALUO
18.108.070(B)(2)(c). The ALUO sections covering reconsideration and appeal procedures are attached.
The, appeal may not be made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Derek Severson in the Community
Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 `
www.ashland.or.us I i 1
SECTION 18.108.070(B)2 Effective Date of Decision and Appeals.
B. Actions subject to appeal:
2. Type I Planning Actions.
a. Effective Date of Decision. The final decision of the City for plamiing actions resulting from the
Type I Planning Procedure shall be the Staff Advisor decision, effective on the 13th day after
notice of the decision is mailed unless reconsideration of the action is approved by the Staff
Advisor or appealed to the Commission as provided in section 18.108.070(B)(2)(c).
b. Reconsideration. The Staff Advisor may reconsider Type I planning actions as set forth below.
i. Any party entitled to notice of the planning action, or any City Agency may request
reconsideration of the action after the decision has been made by providing evidence to the
Staff Advisor that a factual error occurred through no fault of the party asking for
reconsideration, which in the opinion of the staff advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be
raised by letter or evidence during the opportunity to provide public input on the application
sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a
decision.
ii. Reconsideration requests shall be received within five (5) days of mailing. The Staff Advisor
shall decide within three (3) days whether to reconsider the matter.
iii. If the Planning Staff Advisor is satisfied that an error occurred crucial to the decision, the
Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor
shall decide within ten (10) days to affirm, modify, or reverse the original decision. The Staff
Advisor shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
iv. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff
Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties
that requested reconsideration.
c. Appeal.
i. Within twelve (12) days of the date of the mailing of the Staff Advisor's final decision,
including any approved reconsideration request, the decision may be appealed to the Planning
Commission by any party entitled to receive notice of the planning action. The appeal shall be
submitted to the Planning Commission Secretary on a form approved by the City
Administrator, be accompanied by a fee established pursuant to City Council action, and be
received by the city no later than 4:30 p.m, on the 121' day after the notice of decision is
mailed.
ii. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing
shall be refunded. The fee required in this section shall not apply to appeals made by
neighborhood or community organizations recognized by the city and whose boundaries
include the site.
iii. The appeal shall be considered at the next regular Planning Commission or Hearings Board
meeting. The appeal shall be a de novo hearing and shall be considered the initial evidentiary
hearing required under ALUO 18.108.050 and ORS 197.763 as the basis for an appeal to the
Land Use Board of Appeals. The Planning Commission or Hearings Board decision on appeal
shall be effective 13 days after the findings adopted by the Commission or Board are signed
by the Chair of the Commission or Board and mailed to the parties.
iv. The appeal requirements of this section must be fully met or the appeal will be considered by
the city as a jurisdictional defect and will not be heard or considered.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050 r l
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
t
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: 2014-00527
SUBJECT PROPERTY: 87 W. Nevada St.
APPLICANT: Carol's Colors
PROPERTY OWNER: Wilma LLC
DESCRIPTION: A request for renewal/extension of the existing Conditional Use
Permit approval (PA #2011-01415) allowing a landscaping business to operate on the former
Ashland Flower Shop & Greenhouses properties at 87 West Nevada Street and 811 Helman
Street as a temporary/short-term use until construction of the approved Verde Village
Subdivision occurs on the property. With the requested renewal/extension of the Conditional
Use Permit, the applicants also propose some parking and storage of. materials outside of the
fenced area, and to use the rear of the property to actively compost yard debris associated with
the landscaping business.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5;
ASSESSOR'S MAP: 39 1E 04 B; TAX LOT: 1100 and 1400
SUBMITTAL DATE: March 31, 2014
DEEMED COMPLETE DATE: April 24, 2014
STAFF APPROVAL DATE: June 5, 2014
APPEAL DEADLINE DATE: June 17, 2014
FINAL DECISION DATE: June 18, 2014
APPROVAL EXPIRATION DATE: June 18, 2015
DECISION:
The subject property is located at 87 West Nevada Street, is approximately 19,000 square feet in
area, is generally rectangular in shape, and is zoned R-1.5 (Single Family Residential). The 0.44
acre area currently approved for use for the applicants' landscape business is a portion of the
greater 11.64 acre Verde Village Subdivision property that was approved by the Planning
Commission and City Council in 2009. The site is relatively flat and has no vegetation on-site,
although Ashland Creek and its associated riparian corridor are located on the adjacent properties
immediately to the north and east. An existing 800 square foot building sits directly adjacent to
the Nevada Street right-of-way and was previously utilized as offices for the Ashland Flower
Shop and Greenhouses, a business owned by the applicants.
Nevada Street is an Avenue or Collector Street under Ashland's Transportation System Plan
(TSP), and is currently improved with curbs, gutters, paving and park row planting strips for the
majority of the street; curbside sidewalks are in place along the subject property's full frontage.
On-street parking is currently available along both sides of Nevada Street. Adequate city
services are available within the adjacent rights-of-way to serve the proposal, and already serve
the existing building.
PA# 2014-00527
87 W. Nevada St./dds
Page 1
In December of 2011, Planning staff administratively approved a request for a Conditional Use
Permit (CUP) to allow a landscape contracting company to utilize the site and an existing
building which had previously housed Ashland Flower Shop and Greenhouses at 87 West
Nevada Street as a temporary/short-term use until the applicants can proceed with the intended
construction of the previously approved Verde Village housing development on the property. At
that time, the timeline for development of the Verde Village Subdivision as detailed in the
approved development agreement meant that the "temporary/short-term use" of the property was
unlikely to continue past July of 2013. The City Council has subsequently approved
modifications of the approved development agreement which extended all deadlines dates in the
approved timetable for development of the subdivision by an additional seven years.
The current application requests renewal/extension of the existing Conditional Use Permit
approval (PA #2011-01415) allowing a landscaping business to operate on the former Ashland
Flower Shop & Greenhouses properties at 87 West Nevada Street and 811 Helman Street as a
temporary/short-term use until construction of the approved Verde Village Subdivision occurs on
the property, which could now be significantly longer than when the proposal was initially
approved. In addition, the applicants have also proposed some additional parking and storage of
materials outside of the currently fenced area, and have asked to use the rear of the'property to
actively compost yard debris associated with the landscaping business.
In early 2014, the Oregon Department of Environmental Quality (DEQ) received complaints that
the landscaping business was dumping significant amounts of debris at the rear of the property.
Given that the site was in the city and that the business in question was operating under a CUP,
the DEQ requested city assistance in investigating the complaint. In visiting the site, DEQ and
City of Ashland Code Compliance staff observed debris dumping on the subject property and on
adjacent property to the north now owned by the City. At the time, DEQ staff estimated that.the
debris on site could significantly exceed the one hundred ton -threshold which would require
DEQ permitting as a composting facility. In addition to the debris dumping, Code Compliance
staff also noted that some parking and storage of materials was occurring outside of the fenced
areas on the property which were to have been the limits of the operation on site under the
current CUP. The current application seeks to extend the term of the CUP until the Verde Village
Subdivision is built, to address the use of the rear of the property to compost landscaping debris
associated with the applicants landscaping business, and to formalize the use of additional
parking and storage areas on the site.
Extension of Conditional Use Permit
In approving the extension of the Verde Village Subdivision's development agreement timetable,
the City Council found that the proposed development included a unique mix of housing types
and energy conserving housing that Ashland has not seen before in a single subdivision, and
included connectivity improvements to better serve the now constructed Rice Park affordable
housing, Dog Park, Bear Creek Greenway and ,surrounding community. Council, Planning
Commission and staff felt that the merits of the project remained some years following its initial
approval, and that the requested extension to allow for completion of the project within the
state's maximum allowed 15-year development agreement duration was in the public interest.
PA# 2014-00527
87 W. Nevada St./dds
Page 2
In staff's view, the applicants' ability to make beneficial use of the property in a manner which
does not reduce the likelihood of the Verde Village Subdivision ultimately occurring, and not
having the property merely sit vacant in the interim, seems appropriate provided that any impacts
to neighboring residential properties can be adequately addressed through the conditions of
approval as they were in the 2011 CUP.
Composting- of Landscape Debris
Subsequent to the initial investigation of neighbor's complaints about dumping on the property,
the applicants have worked extensively with the DEQ to ensure that all concerns are addressed
and have developed an operations plan to begin active composting on the northerly portion of the
property instead of simply passively composting by stockpiling yard debris as was done
previously and with the prior greenhouse use of the site. The operations plan involves turning
the compost with a tractor roughly once a week, depending on weather and the condition of the
compost. Larger woody materials will be chipped quarterly before being added to the
composting materials, and the compost will be watered or covered as needed for proper
composting. Compost materials and activities will be kept outside of the Water Resource
Protection Zone of Ashland Creek (i.e. more than 50 feet from the top-of-bank) and at least 100
feet from the creek. The applicants emphasize that this distance will allow the soil to absorb any
leachate before it enters the creek, and note that the natural slope of the land is away from the
creek on the east side of the property, which is where the materials would be closest to the creek,
and would accordingly limit any run-off.
The DEQ has commended the applicants' "diligent efforts to resolve the original concerns," and
indicated that based on the proposed operations plan, "the facility should be able to operate with
no detrimental impacts to the environment or public health and safety. As long as the total
weight of feedstocks remains below one hundred tons and the feedstocks remain of the type
discussed, no permitting will be required by the DEQ.... YTqiile no (DEQ) permit is required I
would urge caution regarding compost leachate management so that no leachate is allowed to
flow into the adjacent waterway - thus if materials are on-site during periods of heavy
precipitation, tarping of the piles or other engineering controls may be appropriate."
In discussing these recommendations with the Solid Waste Specialist from the Oregon DEQ's
Western Region Solid Waste Program office in Medford, he further explained that, "Taiping
during bad weather is a common practice among composters. Too much moisture can ruin, a
composting pile and/or a finished pile. It seems reasonable to me that the city place conditions
on the operation if they feel it is warranted to ensure the safeguarding of the stream and
associated riparian areas. I'd leave [any condition] a bit more open-ended than prescribing a
`forecasted" amount of precipitation. If the piles are dry then two-inches of rain in 24 hours
might be completely absorbed; on the other hand, if the piles are saturated a half-inch of rain
might result in leachate being flushed into the creek I'd place a condition in the CUP that is
"performance based", meaning leachate should not be allowed to flow into the waterway...." A
condition has been included that the applicants comply with DEQ requirements, including any
necessary permitting, and the recommendation that the compost piles be tarped during significant
precipitation events, or another approved engineering solution utilized, to prevent leachate from
entering the adjacent creek.
PA# 2014-00527
87 W. Nevada St./dds
Page 3
r
In discussing the proposal with the Fire Marshall, it was noted that composting can pose
concerns for combustibility and that for a composting use to be approved, there would need to be
clear details of the pile sizes and placement, and a demonstration that adequate fire access is to
be maintained. The applicants have worked with the Fire Department in considering the
potential fire hazards associated with composting, and they have proposed that the following be
conditions of approval:
® The rows of compost will be not more than ten feet high, 20 feet wide and no more than
200 feet long.
® Any temporary piles of unsorted debris or woody material waiting to be chipped will not
be more than ten feet high, 30 feet wide and no more than 200 feet long.
® Fire apparatus accessways a minimum of 15 feet wide shall be maintained between the
rows and piles to allow fire vehicles into the composting area should it be necessary.
® Grass and weeds shall be cut low (as close to four-inches in height as possible) within ten
feet of the rows and piles.
® The compost temperature and moisture levels will be monitored to maintain an
environment for active composting. The production of steam is acceptable; however, the
production of smoke or open flames is not permitted.
® During the transition from passive to active composting, priority will be given to sorting
and actively composting small diameter woody material that is the most flammable.
These conditions have been attached to this approval.
While no written comments from neighbors were received in response to the Notice of Complete
Application, staff has spoken to three neighbors who expressed concerns that the operation will
intensify over time and that the addition of the composting operation to the site, and the
associated heavy equipment necessary to turn the large piles will have significant noise impacts
to neighbors. In response to these concerns, staff has included a condition to make clear that any
turning of compost or other machinery operating on site is to be limited to the hours of 8:00 a.m.
to 5:00 p.m., Monday through Friday.
Added Parking and Storage Areas
The application notes that the approximately 100-foot by 20-foot area just north of the existing
fenced-in area will be used to store some job materials and other items as needed, and that the
area will be kept neat. In visiting the site, these materials have typically been flag stone on
pallets and other materials stockpiled for projects and equipment trailers being stored or staged
for loading. In addition, the site plan provided identifies a 35-foot by 35-foot employee parking
area outside of the current fencing, adjacent to the Dog Park access drive.
In considering the request, staff noted that even in a commercial or industrial area, outdoor
storage would typically be required to be screened from view by adjacent properties. Staff does
not believe that additional screening is necessary on the north or east sides, but finds that the
slatted chain-link screening fencing will need to be extended an additional 35 feet along the Dog
Park access drive to screen the employee parking and material storage from view of residences to
the west across the drive. A condition to this effect has been included below.
PA# 2014-00527
87 W. Nevada St./dds
Page 4
t
9
In originally approving the Conditional Use Permit, staff found that the temporary nature of the
use proposed, the fact that its impacts were likely to be substantially less than either the previous
non-conforming or future proposed residential uses, and the efforts to mitigate potential negative
impacts to the neighborhood by the applicants and through the imposition of conditions
combined to satisfy the requirements for a Conditional Use Permit. In staff's view, the proposed
modifications with the conditions attached below will mitigate impacts to the neighborhood,
continue to satisfy the requirements for a Conditional Use Permit, and allow the use to continue
until the Verde Village Subdivision development proceeds.
The criteria for Conditional Use Permit approval are described in AMC Chapter 18.104 as
follows:
A. That the use would be in conformance with all standards within the zoning district in
which the use is proposed to be located, and in conformance with relevant
Comprehensive plan policies that are not implemented by any City, State, or Federal law
or program.
B. 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.
C. That the. conditional use will have no greater adverse material effect on the livability of
the impact area when compared to the development of the subject lot with the target use
of the zone. When evaluating the effect of the proposed use on the impact area, the
following factors of livability of the impact area shall be considered in relation to the
target use of the zone:
i
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian,
bicycle, and mass transit use are considered beneficial regardless of capacity of
facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental
pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive
Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the
proposed use.
The application with the attached conditions complies with all applicable City ordinances.
Planning Action #2014-00527 is approved with the following conditions. Further, if any one or
more of the following conditions are found to be invalid for any reason whatsoever, then
Planning Action #2014-00527 is denied. The following are the conditions and they are attached
to the approval:
1) That all proposals of the applicants shall be conditions of approval unless otherwise
specifically modified herein.
PA# 2014-00527
87 W. Nevada st,/dds
Page 5
2) That all conditions of Planning Action #2011-01415 shall remain in effect unless
otherwise specifically modified herein.
3) That all(conditions of the Fire Department shall be conditions of approval, including but
not limited to:
® The rows of compost will be not more than ten feet high, 20 feet wide and no
more than 200 feet long.
® Any temporary piles of unsorted debris or woody material waiting to be chipped
will not be more than ten feet high, 30 feet wide and no more than 200 feet long.
® Fire apparatus accessways a minimum of 15 feet wide shall be maintained
between the rows and piles to allow fire vehicles into the composting area should
it be necessary.
® Grass and weeds shall be cut low (as close to four-inches in height as possible)
within ten feet of the rows and piles.
® The compost temperature and moisture levels will be monitored to maintain an
environment for active composting. The production of steam is acceptable;
however, the production of smoke or open flames is not permitted.
® During the transition from passive to active composting, priority will be given to
sorting and actively composting small diameter woody material that is the most
flammable.
4) That the applicants shall comply with the DEQ-approved composting operations plan and
the recommendations of the DEQ that compost piles be tarped during significant
precipitation events, or other approved engineering solution utilized, to prevent leachate
from entering the creek. Should changes to the composting operation occur which trigger
DEQ permitting, such as a substantial increase in the volume of materials being
composted on site, a modification of this Conditional Use Permit shall be required prior
to any intensification of the operation.
5) That any turning of compost or other machinery operating on site is to be limited to the
hours of 8:00 a.m. to 5:00 p.m., Monday through Friday to minimize the noise impact to
surrounding residences.
6) That the slatted chain link screening fence shall be extended an additional 35 feet along
the Dog Park access drive to screen the employee parking and adjacent material storage
from view of residences to the west across the drive. A separate fence permit shall be
obtained for the perimeter fencing around the property and in accordance with AMC
18.68. The fence permit shall detail the height, placement, and type of screening
proposed in a manner consistent with the application and compliant with AMC 18.68.
7) That any lighting shall be selected and placed so as to not directly illuminate adjacent
residential properties.
8) That no parking or storage of materials shall occur outside of the identified areas or
within the Ashland Creek water resource protection zone or its floodplain.
June 5, 2014
Bill Mofnar, Director Date
Department of Community Development
PA# 2014-00527
87 W. Nevada St./dds
Page 6
PA-2014-00527 391E04BB 3600 PA-2014-00527 391E04BB 2400 PA-2014-00527 391E04BC 101
AAZAMI AZHANG SHAINE/ALETIA AE PROPERTIES LLC APENES ALBERTA D
826 VORIS AVE 633 IOWA ST 142 W NEVADA
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00527 391E04BD 2000 PA-2014-00527 391E04BB 1001 PA-2014-00527 391E046D 2010
ASHLAND FLOWERSHOP AND ASHLAND SUPPORTIVE HOUSING BINGHAM MICHAEL S/ELIZABETH
744 HELMAN ST PO BOX 3536 50 W NEVADA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00527 391E04BD 3400 PA-2014-00527 391E04BB 3500 PA-2014-00527 391E04BD 3300
BLACK MARJORIE LOVERING TRUSTEE CASE GREG I/DARLA KAY COLLINS WILLIAM T/SUSAN J
744 PALMER RD 816 VORIS AVE 3095 HWY 66
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00527 391E04BC 1800 PA-2014-00527 391E04BC 109 PA-2014-00527 391E04B 1000
CORNELL STEPHEN G/DIANA M DE BRUNO TONY/LOIS DELSMAN JOSEPH W/ELAINE M
131 W NEVADA 130 W NEVADA STREET 555 FAIRVIEW ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00527 391E04BD 3600 PA-2014-00527 391E04BC 2000 PA-2014-00527 391E04BB 3400
GIRARD BRENDAN GREEN ALAN K/CHRISTYA HORTON AARON G/PAMELA)
PO BOX 1192 151 W W NEVADA ST 3909 BRIDGEPORT DR
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97504
PA-2014-00527 391E04BB 3700 PA-2014-00527 391E04BD 3200 PA-2014-00527 391E046D 3700
MC LEAN BRUCE E/WENDYA MENEDES GEORGE ET AL MURPHY SUSAN ANN ET AL
PO BOX 55 84 W NEVADA ST PO BOX 5367
ASHLAND, OR 97520 ASHLAND, OR 97520 FRAZIER PARK, CA 93222
I
PA-2014-00527 391E04BC 1900 PA-2014-00527 391E04BB 3800 PA-2014-00527 391E04BB 1000
REMLEYJAMES R ROBERTS ERNA M SCHWEIGER JOHN CTRUSTEE
135 W NEVADA ST 846 VORIS AVE P.O. BOX 3520
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00527 391E04BC 1700 PA-2014-00527 391E04BB 1100 PA-2014-00527 391E04BD 3500
STANGER VIRGIL L/LINLEY M STOUT PROPERTIES LLC TROUTMAN MARY HELEN
6299 E GATEWAY CT 215 LAUREL ST 95 W NEVADA ST
BOISE, ID 83716 MEDFORD, OR 97501 ASHLAND, OR 97520
PA-2014-00527 391E04BC 110 PA-2014-00527 391E04B 1418 PA-2014-00527 391E04BB 2500
WILLIAMS JEFFREY A/JANET C WILMA LLC WOLF SUE A
108 NEVADA ST W 744 HELMAN ST 149 ALDER LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
87 W Nevada
6/5/14 NOD
27
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On 6/5/14 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 #2014-00527, 87 W Nevada.
Signature of Employee
DocumenQ 6/5/2014
Addressing potential fire hazards as it relates to the composting at 87 W Nevada St-
The rows of compost will be not more than 10 feet high and 20 feet wide and 200 feet long. Any
temporary piles of unsorted debris or woody material waiting to be chipped will not be more than 10
feet high and 30 wide and 200 feet long.
There will be roads that are minimum of 15 feet wide between the rows and piles to allow small fire
trucks into the composting area should they be needed.
The grass and weeds will be cut low within 10 feet of the rows and piles. It is the intent that "low" will
be as close to 4" in height as possible.
The compost temperature and moisture will be monitored to maintain an environment for active
composting. The production of steam is acceptable; however, the production of smoke or open flames is
not permitted.
During the transition from passive to active composting priority will be given to sorting and actively
composting small diameter woody material that is the most flammable.
https://zimbra.ashland.or.us/li/printmessage?id=87363& 1
I
l r seversod@ashiand.or.us
Carol's Colors CUP
From : Derek Severson Fri, Apr 25, 2014 11:17 AM
<derek.severson@ashland.or.us>
Subject :Carol's Colors CUP
: Valri Williams
<valri@verdevillage.net>
: Derek Severson
<derek.severson@ashland. or.us>
Reply To : Derek Severson
<derek.severson@ashland. or.us>
Valri,
I went over the application with Bill and Maria, and the notices of a
complete application went in the mail on Wednesday. I'll be out to
post a sign today, and then there's a 14 day comment period before
we can make a decision and send the second round of notices and
start the appeal period.
Through the conversation with Bill and Maria, we came up with a
couple of conditions that we think will be necessary to show that the
Conditional Use Permit criteria are being met. First, fencing will need
to be extended to screen the employee parking and material storage
behind the existing fencing. We'll only require that this be on the
Dog Park Drive side as a means to screen the view from residences
across the drive. In addition, we think it's important that any turning
of compost or other machinery operating on site be limited to 8-5
Monday through Friday. Finally, the letter from DQ recommended
that the composting piles be Carped during significant precipitation
events, or another approved engineering solution utilized, to prevent
the possibility of run-off resulting in leaching on to adjacent property
of 2 4/25/2014 11:18 AM
Zimbra https://zimbra.ashland.or.us/h/printmessage?id=8736,
and into the creek. We'd include this (and compliance with all DEQ
rececommendations) as a condition as well.
In discussing the proposal at our monthly meeting of city departments
on Monday, the Fire Department noted that in general composting
poses concerns for combustibility and that for the composting use to
be approved, they would need to see a more detailed site plan of the
composting operation detailing the pile size and placement and
demonstrating that there will be adequate fire accessways maintained
so that, should a fire start, they have the ability to access and address
it. I would suggest talking to Margueritte at the Fire Department at
541-552-2229 to get a, clear idea of exactly what she needs; with a
Conditional Use Permit we'll include conditions that any fire safety
requirements be satisfied.
I'll be out to post the sign later today, and things should be moving
forward - I'll let you know if I hear from any neighbors.
Derek Severson, Associate Planner
City of Ashland, Department of Community Development
51 Winburn Way, Ashland, OR 97520
: (541) 552-2040 FAX: (541) 552-2050 TTYN,, 1-800-735-2900
® MAIL: dere.s verson slap .or.us
This e-mail transmission is the official business of the City of Ashland,
and is subject to Oregon's public rocords laws for clisclosure and
retention. If you've received this e-mail in error, p/ease contact me at
(S41) SS2-2010. Thank you.
2 of 2 4/25/2014 11:18 AN
Planning Department, 51 Winif-o Way, Ashland, Oregon 97520 IF
541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900
NOTICE OF APPLICATION
PLANNING ACTION: 2014-00527
SUBJECT PROPERTY: 87 W. Nevada St. and 811 Helman St.
OWNER/APPLICANT: Wilma LLC
DESCRIPTION: A request for renewal/extension of the existing Conditional Use Permit approval (PA #2011-
01415) allowing a landscaping business to operate on the former Ashland Flower Shop & Greenhouses
properties at 87 West Nevada Street and 811 Helman Street as a temporary/short-term use until construction of
the approved Verde Village Subdivision occurs on the property. With the requested renewal/extension of the
Conditional Use Permit, the applicants also propose some parking and storage of materials outside of the fenced
area, and to use the rear of the property to actively compost yard debris. COMPREHENSIVE PLAN
DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 lE 0413; TAX LOT:
1100 and 1400
NOTICE OF COMPLETE APPLICATION: April 24, 2014
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: May 8, 2014
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your
right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
CiAcomm-dev\p1anning0anning coons ottctng ro ef-ate Notices Igns - - . ocx
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PA-2014-00527 391E04BB 3600 PA-2014-00527 391E04BB 2400 PA-2014-00527 391E04BC 101
AAZAMI AZHANG SHAINE/ALETIA AE PROPERTIES LLC APENES ALBERTA D
826 VORIS AVE 633 IOWA ST 142 W NEVADA
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00527 391E04BD 2000 PA-2014-00527 391E04BB 1001 PA-2014-00527 391E04BD 2010
ASHLAND FLOWERSHOP AND ASHLAND SUPPORTIVE HOUSING BINGHAM MICHAEL S/ELIZABETH
744 HELMAN ST PO BOX 3536 50 W NEVADA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00527 391E04BD 3400 PA-2014-00527 391E04BB 3500 PA-2014-00527 391E04BD 3300
BLACK MARJORIE LOVERING TRUSTEE CASE GREG I/DARLA KAY COLLINS WILLIAM T/SUSAN 1
744 PALMER RD 816 VORIS AVE 3095 HWY 66
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00527 391E04BC 1800 PA-2014-00527 391E04BC 109 PA-2014-00527 391E04B 1000
CORNELL STEPHEN G/DIANA M DE BRUNO TONY/LOTS DELSMAN JOSEPH W/ELAINE M
131 W NEVADA 130 W NEVADA STREET 555 FAIRVIEW ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00527 391E04BD 3600 PA-2014-00527 391E04BC 2000 PA-2014-00527 391E04BB 3400
GIRARD BRENDAN GREEN ALAN K/CHRISTYA HORTON AARON G/PAMELA)
PO BOX 1192 151 W W NEVADA ST 3909 BRIDGEPORT DR
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97504
PA-2014-00527 391E04BB 3700 PA-2014-00527 391E04BD 3200 PA-2'014-00527 391E04BD 3700
MC LEAN BRUCE E/WENDY A MENEDES GEORGE ET AL MURPHY SUSAN ANN ET AL
PO BOX 55 84 W NEVADA ST PO BOX 5367
ASHLAND, OR 97520 ASHLAND, OR 97520 FRAZIER PARK, CA 93222
PA-2014-00527 391E04BC 1900 PA-2014-00527 391E04BB 3800 PA-2014-00527 391E04BB 1000
REM LEY JAMES R ROBERTS ERNA M SCHWEIGER JOHN CTRUSTEE
135 W NEVADA ST 846 VORIS AVE P.O. BOX 3520
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-00527 391E04BC 1700 PA-2014-00527 391E04BB 1100 PA-2014-00527 391E04BD 3500
STANGER VIRGIL L/LINLEY M STOUT PROPERTIES LLC TROUTMAN MARY HELEN
6299 E GATEWAY CT 215 LAUREL ST 95 W NEVADA ST
BOISE, ID 83716 MEDFORD, OR 97501 ASHLAND, OR 97520
PA-2014-00527 391E04BC 110 PA-2014-00527 391E04B 1418 PA-2014-00527 391E04BB 2500
WILLIAMS JEFFREY A/JANET C WILMA LLC WOLF SUE A
108 NEVADA ST W 744 HELMAN ST 149 ALDER LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
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AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On April 23, 2014 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 #2014-00527, 87 W Nevada/811
Helman St.
fi
Signature of Employee
Dxumentl 4/24/2014
Project Information
This application is to renew a Conditional Use Permit to allow a temporary
use in an existing R-1-5 zone in the form of the re-establishment of a
discontinued non-conformirg use and converting itto a lesser-impact non-
conforming use. The intent of this Conditional Use Permit is temporary in
nature until the housing market stabilizes and the applicants can proceed
with the intended construction of Verde Village. We are requesting the
renewal of the Conditional Use Permit to the sooner of January, 31, 2020
(the date the extension of Almeda is to be completed per the
development agreement) or the date actual construction starts on the
Verde Village Phase II.
Legal: 39 1 048 1100 & 800
Address: 87 W. Nevada Street and 811 Helrnan St
Owner: Wilma LLC
Applicant: Wilma LLC
Agent/Planner: none
Zoning Designation: R-1-5
Lot Area: Tax lot #1100- approximately 100.36x 183.63'x 204.34
.44 acre. Tax lot #800- 7.71 acres
Applicable Ordinances:
Chapter 18.20 R-1 Single Family Residential
Chapter 18.68 General Regulations
Chapter 18.92 Off-Street Parking
Chapter 18.96 Sign Regulations
Chapter 18.104 Conditional Use Permits
Chapter 18.108 Procedures
Project Overview
Generally
The proposed project is for a landscape contracting coml
occupy the existing building located at 87 W. Nevada pre
Ashland Greenhouses. The proposed use is of a less-int
previous non-conforming retail use and the possible impa
neighborhood are minimal. In addition, the use will be ter
housing market stabilizes allowing for the construction of
Village.
The previous greenhouse facility was located on 11.64 ai
greenhouse structures, a barn, an office trailer, a single fa
permanent office building. None of these structures were
the neighborhood. The proposed project will use about 6
and will be predominantly east of the dog park road. Then
which is screened from view. Structures include the existi
b u i l d i n g which will be used for storage, several temp
cover vehicles & equipment, and a 12'x 42' office trailer.
the fenced in area will be used to store some job materials
needed. This area will be kept neat. The remaining area ni
area will be used as an active composting site in accordant
Environmental Quality regulations. There are 2 concrete sty
the dog park road that were used by Ashland Greenhouse:
and will continue to be used as such by the landscape com
The previous greenhouses were a non-conforming retail i
an enormous amount of v e h i c u l a r traffic in and through
The proposed less-intense non-conforming use will have i
temporary use will be for a landscape contracting busines
arrive in the morning and then leave the site to provide la
other sites. They return in the late afternoon to return the
leave for home. From a traffic perspective, this proposed
highly compatible with the surrounding residential uses as
created will be in the morning and in the evening, much tt
proposed Verde Village. In fact, the approved usage of V
more vehicular impact on the existing neighborhood than 1
temporary use. We will discuss this in more detail in the F
The previous greenhouse would typically receive over one hundred retail
customers per day. The proposed landscape business will not have any retail
customers. This again shows the minimal impact this use will create on the
existing neighborhood. The approved Verde Village use will create more of an
impact on the existing neighborhood because of the increase in traffic and the
number of people who will be living within the 68 units.
The previous greenhouse used 5 trucks, which were in and out of the business
and through the neighborhood numerous times during the day doing deliveries
and pick-ups. In addition, one bobcat and one forklift were used continually on
the site. The proposed use will be using 17 trucks, numerous lawn mowers and
weed eaters, and two tractors, with the exception of composting, all off-
site. Even though the amount of equipment for the proposed use is greater than
the previous use, most of vehicles and the equipment leave the site each
morning and return each evening. They will not be using the equipment on site
creating noise in the neighborhood, with the exception of composting which is
addressed later, nor will trucks be coming and going at all times during the day.
Most equipment will be stored on site under the temporary 10' x 20' tents and
on the graveled parking area. In addition, most of this will be screened from
view of pedestrians and vehicular traffic using slatted chain link fence. There will
be some use of equipment to manage the compost. This will be done during the
day.
The previous greenhouse's hours of operation were 7:30am to 6:00 pm during
the spring & summer; daylight only during the fall and winter months. In addition
they were open seven days a week. The proposed use will have much less of
an impact with spring/summer hours from 7:00 am to 3:30 pm and fall/winter
hours from 8:00 am to 4:30 pm Monday thru Friday. The business is closed on
weekends at this time. It is possible that we may have a small weekend crew at
some time.
The proposed landscape contracting business does not intend to have any
exterior lighting, beyond motion sensor lighting to deter vandalism. The signage
will be a painted sign on the existing building where the previous sign existed.
Gravel parking has been provided to the north of the existing building. Slatted
fencing has been erected from the edge of the existing building and surrounding
the gravel parking area as well as the temporary tents and mobile trailer. There
is a gate on the eastern side of the fence with access from He Iman Street, and
a gate on the East side of the fence accessed from the existing driveway on
Nevada Street.
Impact Considerations
The impact of the proposed temporary use will be minimal to the surrounding
neighborhood. There are approximately 2 hours each day where traffic is
increased due to the employees arriving and then leaving to go to job sites and
coming back at the end of the day. These trucks are normal size pick-up trucks
3 P a
with small trailers carrying lawn mowers and landscape tools, not heavy
equipment trucks and trailers. The traffic impact to the existing neighborhood will
be greater when Verde Village is built out. Please see the attached "Capacity and
Access Analysis" for Verde Village.
Vehicular Parkin Area:
The company owned vehicles will be parked in gravel parking area inside the .44
acre. The .44 acre area is screened from view with a slatted chain-link fence
much the same as the temporary location of the Ashland City Fire Department.
Employee vehicles will be parked in the public right of way and in a designated
area on the south side of the property (20' by 65') and the designated area just
north of the fenced in yard (35' by 35').
Compost Management
Yard debris is and will continue to be deposited on the northern part of the property
east of the dog park road. Please see the compost area on the attached map. It is
about 435 feet by 185 feet. The compost will be managed in accordance with DEQ
requirements. Attached is the Compost Management plan that has been submitted
to DEQ and a letter from DEQ after reviewing the management plan. A tractor will
be used to turn and move the compost through the composting process. This will
be done about once a week depending on the weather and the condition of the
compost. In the past, when we were using a passive composting method, the
tractor has been used 4 to 6 times a year. A chipper will also be used as needed,
we are estimating about 4 times a year. The noise will be the same as it has been
as we will be using the same equipment. All work will be done during normal
business hours Monday through Friday. The number of piles or rows will depend
on the amount of compost and where in it is the compost cycles. The piles and
rows will be watered and/or covered as needed for proper composting. The
composting area will be at least 50 feet from top of bank and at least 100 feet from
the Ashland creek. Leachate control: This distance will allow for the soil to absorb
any leachate well before it can enter Ashland creek. The natural slop of the soil is
away from the creek on the East side, which is the closest the composting would
be to the creek.
Status of Verde Village
Verde Village is by no means being abandoned by Greg & Valri Williams. The
project will be accomplished once the housing market returns.
Tree Preservation/Protection
There are no trees currently located on the site.
Neighborhood Impact
Carol's Colors Landscaping has been operating in this site since January 2012.
There have only been 3 complaints related to this site.
4iP
~t:c
One was a complaint October 20, 2011 prior to the approval of the original
conditional use permit. This issue was resolved before the original CUP was
approved. It was in regard to material that was stored on the property for use in the
Verde Village development. That material was removed.
The second and third came at the same time January 2014. One was in regard to
our composting methods, which has been resolved with DEQ. We are proposing to
switch from a passive composting method to an active method. As soon as the
CUP is renewed that active composting will start.
The other was from the City of Ashland notifying us that we had material on the
City of Ashland's property. The machinery in the south east corner was removed in
February 2014. In the future all machinery will be stored inside the fenced in area
or in the designated area just north of the fenced in area. The two trucks were
removed in February 2014. These trucks were not able to run and we were going
to have them picked up by the crushing company. They remained here longer than
normal because someone said they wanted to rebuild them. There was one reason
then another as to why that person could not pick them up. We will be very mindful
and keep to a minimum how long a vehicle is kept outside the fenced in area. The
compost was moved away from the property line with the City of Ashland in
February 2014. We will continue the service road on the east side of the property
and around the south end as shown on the site map. This road will be the east and
south boundary of the composting area. No material will be placed east or south of
this service road. The concrete was taken to Crater Sand and Gravel in March
2014. In the future we will take any concrete we have directly from the job site to
Crater Sand and Gravel or other concrete recycling company.
5~!'are
Findings of Fact
Chapter 18.20 Single milt/ Residential
The purpose of the R-1 district is to stabilize and protect the
suburban characteristics of the district and to promote and
encourage suitable environment for family life.
The site for the landscape facility is located in an R-1-5 zone that has been
approved as a Planned Unit Development called Verde Village. In the two years
that the landscape company has operated on the site there have been no
complaints from the neighbors as to its suitability.
1820.030 Conditional Uses
The following uses and their accessory uses ARE PERMITTED when
authorized in accordance with Chapter 18.104, Conditional Use
Permits.
L. Nonconforming use or structure changes required by Section
18.68.090. Nonconforming Uses and Structures
C.RACTIVATION. A non-conforming use, which has been abandoned
for a period of more than six (6) months may be reactivated to an
equivalent or more restricted use through the Conditional Use and
Site Review process. In evaluating whether or not to permit the
reactivation of non-conforming use the Planning Commission, in
addition to using the criteria required for a Conditional Use Permit and
Site Review, shall also use the following additional criteria:
1. That any improvements for the reactivation of the non-
conforming use on the site shall be less than fifty (0%) percent of
the value o the structure. The value of the structure shall be
determined by an independent real estate appraiser licensed in the
Late of Oregon. The value of the improvement shall be determined
based upon copies of the contractor's bid for said improvements,
which shall be required with the Conditional Use permit application.
Personal property necessary for the operation of the business or
site improvements not included in the structure shall not be counted
as improvements under this criterion.
This use is not proposing ANY permanent improvements on the site. All
improvements will be temporary in nature. The temporary tent, mobile trailer and
all equipment are personal property necessary for the operation of the business.
Any site improvements will be mandated by City Ordinance.
An assessment that the traffic generated by the proposed use
would not be greater than permitted uses on the site. In assessing
the traffic generated by the proposed use, the Planning Commissionl
shall consider the number of vehicle trips per day, the hours of
6 1 P,
operation, and the types- of traffic generated; i.e.,truck or passenger
vehicle. The Planning Commission shall modify the Conditional Use
Permit so that the operation of the non-conforming use is limited to
the same traffic impact as permitted uses inthe same zone.
The traffic created by the proposed temporary landscape contracting business
would consist of t h e em p l o y e e s arriving in the morning with 17 trucks leaving
directly afterwards. These same 17 trucks return in the late afternoon and the
employees would leave the site directly afterwards. This takes place only
Monday thru Friday at this time. There may be a small weekend crew in the future.
The traffic created by the previous non-conforming retail business included as
many as 100 vehicles coming and going between the hours of lam and 6pm
seven days per week. The previous use created a much greater traffic impact on
the neighborhood. The traffic that will be created by the approved Verde Village
will also be a greater impact on the neighborhood. As can be seen from the
attached "Capacity and Access Analysis" approved for Verde Village, each single
family home can generate up to 10 trips per day, each town home close to 6 trips
per day and apartments 6 to7 trips per day per unit.
. That the noise generated by the proposal will be mitigated so that
it complies with the Ashland Noise Ordinance, Chapter 9.08.170, and
also that it does not exceed the average ambient noise level already
existing in the area, as measured by this standard.
The proposed temporary use will have normal size pick-up trucks that are found
in neighborhoods through-out the city. They will not "idle" or be left unattended.
The noise will be no greater than what currently exists in the neighborhood. There
will be a tractor and chipper used in the composting. The tractor has been used
over the last two years and the noise has not been a problem. The tractor is not
much louder than a normal truck and it is used in an area that is at least 100 feet
from the nearest home.
That there will be no lighting of the property which would have
direct illumination on adjacent uses and that there would be no
reflected light from the property greater than the amount of
reflected light from any permitted useinthtsame zone.
The proposed use has some motion sensitive lights out doors used to detour
vandals and for the safety for our employees that arrive early or work late in the
office.
S. In a residential zone the findings must further address that such
reactivation will further implement Goal VI, Policy 2, Housing Chapter
of the Ashland Comprehensive Plan.
Goal VI, Policy 2, Housing Chapter of the Ashland Comprehensive Plan states:
'2. Using the following techniques, protect existing neighborhoods from
incompatible development and encourage upgrading:
a. Do not allow deterioration of residential areas by incompatible uses and
developments. Where such uses are planned for, clear findings of intent shall be
7 g(~
made in advance of the area designation. Such findings shall give a clear
rationale, explaining the relationship of the area to housing needs, transportation,
open space, and any other pertinent Plan topics.
Mixed uses often create a more interesting and exciting urban environment and
should be considered as a development option wherever they will not disrupt an
existing residential area.
b. Prevent inconsistent and disruptive designs in residential areas through use of
a limited design review concept, in addition to using Historic Commission review
as part of the site review, conditional use permit, or variance approval process.
c. Develop programs and efforts for rehabilitation and preservation of existing
neighborhoods, and prevent development, which is incompatible and destructive."
The proposed landscape contracting business is a temporary use, which is
allowed within the R-1-5 zone with a Conditional Use Permit. The approved
residential development is not being abandoned. Because the use is temporary
in nature, the policies of the Comprehensive Plan are being upheld.
. Nothing herein shall apply to non-conforming signs, which are
governed by the provisions of Section 18.96.150 of this Code.
There will be one sign located on the front of the existing building. Itwill conform
to Section 18.96.150 of this code. There will be 3 to 5 no trespassing active
composting signs posted around the compost area. These signs will be about 1
foot by 2 feet in size.
M. Temporary uses.
The definition of a temporary use is as follows:
".A short-term, seasonal, or intermittent use. Such use shall be approved by
Conditional Use Permit only, with such conditions as the Commission deems
reasonable in accordance with the Conditional Use standards. "
The proposed use meets the criteria of an intermittent use. Once the housing
market returns and financing is available, the residential project will begin
construction and this use will be discontinued. The intent of this permit is NOT
to create a permanent landscape contracting business at this location. This can
be shown by the use of a temporary tent for storage: the use of a mobile office
trailer; and the continued use of the permanent structure that currently exists on
the site. No permanent improvements to the site are proposed for this temporary
use.
Chapter 18.104 Conditional Use Permits
18.104.050 Aaroval Criteria
conditional use permit shall be granted if the approval authority
finds that the proposed use conforms, or can be made to conform
8 1r,
through the imposition of conditions, with the following approval
criteria.
A. That the use would be in conformance with all standards
within the zoning district in which the use ' proposed to be
located, and in conformance with relevant Comprehensive plan
policies that are not implement by any City, State, or Federal
law or program.
The propomd use is in conformance as temporary uses and the re-instatement
of a non-conforming use or one of a stricter nature are allowed through the
conditional use process and the criteria for the conditional use have been met.
B. That adequate capacity of City faci lities 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 water, sewer, electricity, urban storm drainage, transportation, and paved
access to the site are existing. There are no plans for additional construction as
this business is temporary in nature.
C. That the conditional use will have no greater adverse material effect
on the livability of the impact area when compared to the development
of the subject lot with the target use of the zone. When evaluating the
effect of the proposed use on the impact area, the following factors of
livability of the impact area shall be considered in relation to the target
use of the zone:
1. Similarity in scale, bulk, and coverage.
The proposed temporary I andscape contracting business is smaller than both
the previous non-conforming retail greenhouse use and the future Verde Village
residential development. The previous use covered 11.64 acres. Verde Village
will cover 10.4 acres. The proposed temporary use will use about 5 acres.
Generation of traffic and effects on surrounding streets.
Increases in pedestrian, bicycle, and mass transit use are
considered beneficial regardless of capacity of facilities.
The traffic impact is dramatically less when comparing the Ashland Greenhouse
non-conforming use to the proposed temporary landscape contracting use. The
previous Ashland Greenhouses could see hundreds of visitors each day. The
proposed use will have no retail trade at all. Trucks will leave in the morning and
return in the afternoon in much the same manner as a residential use when
residents leave for work in the morning and return home in the evening. The
traffic impact of the temporary use will be much less than the approved Verde
Village traffic impact. Please see the attached "Capacity and Access Analysis"
which has been approved for Verde Village.
. Architectural compatibility with the impact area.
There will be no new structures built for the proposed temporary use.
9 111
Air quality, including the generation of dust, odors, or
other environmental pollutants.
Because the .44 acre site is graveled, and the vehicles used are ordinary pick-
up trucks that are found in residential districts, dust, odors or other environmental
pollutants will not be as issue.
The remaining 4 acres will be used as an active composting site for yard debris
only. This site will be managed by methods acceptable to the Department of
Environmental Quality. Ashland Greenhouses was using this land as a passive
composting site for 100 years with no complaints about dust, odors of other
environmental pollutants. The DEQ notice that was issued in January 2014 has
been addressed. The action plan submitted to DEQ is attached to this document.
We are in the process of turning our passive composting to active composting.
Compost Management
Yard debris is and will continue to be deposited on the northern part of the property
east of the dog park road. Please see the compost area on the attached map. It is
about 435 feet by 185 feet. The compost will be managed in accordance with DEQ
requirements. Attached is the Compost Management plan that has been submitted
to DEQ and a letter from DEQ after reviewing the management plan. A tractor will
be used to turn and move the compost through the composting process. This will
be done about once a week depending on the weather and the condition of the
compost. In the past, when we were using a passive composting method, the
tractor has been used 4 to 6 times a year. Noise control: The noise will be about
the same as it has been, as we will be using the same equipment with the addition
of a chipper about 4 times a year. All work will be done during normal business
hours Monday through Friday. The number of piles or rows will depend on the
amount of compost and where in it is the compost cycles. The piles and rows will
be watered and/or covered as needed for proper composting. The composting
area will be at least 50 feet from top of bank and at least 100 feet from the Ashland
creek. Leachate control: This distance will allow for the soil to absorb any
leachate well before it can enter Ashland creek. The natural slop of the soil is away
from the creek on the East side, which is the closest the composting would be to
the creek. Control of dust, odors & other pollutants: The moisture of the
compost will be monitored to minimize the dust when the compost is turned. Only
yard debris will be composted and with the proper moisture so there will be
minimal odor.
. Generation of noise, light, and glare.
Minimal outside lighting is being proposed for this project similar to what is found
in residential districts. The vehicles uses for the temporary use will create the
normal noise found in residential districts.
. The development of adjacent properties as envisioned in
the Comprehensive Plan.
10~i
The proposed use does not affect the development of the adjacent property
because the use is temporary and once the adjacent property is ready to be
developed this use will be discontinued.
7. Other factors found to be relevant by the Hearing Authority for
review of the proposed use.
There are other factors that staff believes to be relevant. These have been
addressed in the Background section of this document and below.
18.92.020 Automobile Parking Spaces Required
Uses and standards are as follows:
E. Unspecified Uses. Where automobile parking requirements for any use
are not specifically defined in this section, such requirements shall be
determined by the Staff Advisor based upon the most comparable use
specified in this section, and other available data.
The proposed temporary use will provide 17 parking spaces. The parking area
will be graveled in accordance with the staffs comments stating:
"Given that the nature of the proposal (is) temporary and that it seems preferable
not to make more permanent improvements for a temporary, non-conforming use,
staff believes that retaining the vehicular parking area in gravel can be found to
be appropriate. "
All vehicle parking will be screened by the use of a temporary slatted chain link
fence.
9.08.110: No person shall deposit upon public or private property any
kind of rubbish, trash, debris, refuse, or any substance that would mar
the appearance, create a stench or fire hazard, detract from the
cleanliness or safety of the property, or would be likely to injure a
person, animal, or vehicle traveling upon a public way. Scattering
rubbish is a Class II violation.
The machinery in the south east corner was removed in February 2014. In the future
all machinery will be stored inside the fenced in area or in the designated area just
north of the fenced in area. The two trucks were removed in February 2014. These
trucks were not able to run and we were going to have them picked up by the
crushing company. They remained here longer than normal because someone said
they wanted to rebuild them. There was one reason then another as to why that -
person could not pick them up. We will be very mindful and keep to a minimum how
long a vehicle is kept outside the fenced in area. The compost was moved away
from the property line with the City of Ashland in February 2014. We will continue the
11 1 11
service road on the east side of the property (as shown on the site map). This road
will mark the east and south boundary of the composting area. No material will be
placed south or east of this road. This service road will only be used by composting
equipment or delivery trucks to deliver yard debris or manage the compost. The
concrete was taken to Crater Sand and Gravel in March 2014. In the future we will
take concrete directly from the job site to Crater Sand and Gravel or other concrete
recycling company.
We will not store rubbish, trash, debris, refuse or any substance that would create a
stench or fire hazard, detract from the cleanliness or safety of the property. Job
materials will be stored in designated storage areas, ( see site map). A person or
animal is no more likely to be injured on our property than they are if they were
walking through Lithia Park. We are not scattering rubbish. The storage of all but 1
pallet of rock is either not visible from Nevada Street or can only be seen through the
slats in the fence around the .44 acre that is fenced in. This area has a significant
transit population due to its proximity to the Bear Creek Greenway. We feel that a
more open area behind the fenced in area helps discourage people from camping
and engaging in illegal activities. Before the Landscape company moved on site,
there was dumping of a lot more trash by unknown sources as well as evidence of
drinking and drug use. The more this area is used productively the less it is used in
an illegal manner. We have had 3 new NO dumping or trespassing signs made and
will be posting them once we get the ok from the City of Ashland. We believe this
should help with the safety issue by limiting people on the site.
We will be stacking in a neat manor any job material that is outside of the fenced in
area. Trailers may also be stored on the north side of the fenced in area. There may
be equipment outside of the fenced area occasionally for temporary periods. This is
needed when area in the fenced in yard does not allow for the maintenance or
loading of this equipment. All of this is obscured by the fence from Nevada Street.
The dumping of yard debris will continue using recognized active composting
methods. The yard debris has not generated any stench, mold, combustion, vector
attraction or leeching. Yard debris has been passively composted on this site for 100
years and these have not been issues. There is no animal byproducts or food in the
compost, it is just yard debris. The east side of the composting site is at least 50 feet
from the creek and slopes away from the creek. The north side of the property does
slop in the direction of the creek but there the creek is over 100 feet away and
protected by vegetation that would absorb any runoff in the very unlikely event there
was any runoff. We have signs identifying the area as an active composting area.
This should help educate people that this is a composting area and not a dumping
ground. Please see the attached email from David Esch from DEQ.
9.12.030: It is unlawful for any owner, lessee, or occupant to keep any
junk on any lot or premises within the City, or in a building that is not
wholly or entirely enclosed except doors used for ingress and egress.
It is unlawful for any person, their agent or employee, to keep any junk
on any street or other public property. Keeping junk - exposed to view
unlawful is a Class II Violation.
We have moved all items off the City of Ashland's property and will not use that
property any more. The extension of the service road on the east and south of the
property will also serve as a reminder that the City of Ashland property line is
nearby. Please see detail information in the previous section.
The storage of all but 1 pallet of rock is either not visible from Nevada Street or can
only be seen through the slats in the fence around the .44 acre that is fenced in.
Because the elevation of the neighbors and nearby streets are higher than the land
that is being used, in many places it is possible to see over the fence. A fence tall
enough to completely screen the area would not be appropriate for the
neighborhood. A little visibility also is a deterrent to transits who may use this
property for illegal activities. This area has a significant transit population. We feel
that a more open area behind the fenced in area helps discourage people from
camping and engaging in illegal activities. Before the Landscape company moved
on site, there was dumping of a lot more trash by unknown sources as well as
evidence of drinking and drug use. The more this area is used productively the less
it is used in an illegal manner.
Please see photos of this area taken from Nevada Street and nearby residence.
Landscaping Requirement for R-1-5 50% of the site is required to surfaced in
natural landscape materials which permit the natural infiltration of water into the soil
below.
Well over 90% of the site has natural infiltration. There is no irrigation system as the
vegetation is natural.
13
Carol's Colors Landscape
Compost management plan
Last updated 3/11/14
1. Initial actions
a. Find and have a key employee take a compost management class-
b. Prepare a written compost management plan and implement that plan
c. Create and implement a system to monitor how much compost is deposited on the site-
d. Install signs that identify this as an active composting site and prohibit trespassing and
clumping-
e. The purpose of composting on this site
i. To provide compost for the development approved for this location.
ii. To save on fuel - unloading yard debris where the trucks are going instead of
driving out of the way to dispose of the debris.
2. Volume monitoring system
a. Sample trucks will be weighed when full and when empty to determine average weight
of a load.
b. Each time a load is dumped on the site a notation will be made on the time sheet as to
the size of the load dumped and what was in the load ( grass, leaves or pruning)
c. The office will record the above information in a log to keep a running total of how
much yard debris has been moved onto the site.
3. Procedures for dumping yard debris
a. Note on time sheet size of load dumped (full load, % load) & truck size ( full or compact)
b. Note on time sheet what was dumped (grass, leaves or pruning)
c. Any woody material with a diameter of 1 inch or more is to be put with other woody
material to be chipped in designated area.
d. Grass, leaves and smaller woody material is to be piled together in the designated area.
e. Only yard waste is to be dumped. NO concrete, rock, plastic, metal, or food waste.
4. Composting procedures
a. This section maybe modified after the composting class has been taken. The class is in
April 2014
b. The Turned Windrow method of composting will be used
c. Composting areas all well away from the riparian area
L Receiving area
ii. Composting windrows
iii. Storage area for final compost
d. Rows will be turned when appropriate, under normal conditions about once a week
using a tractor with a front bucket and a Rears'Pak-Flail'(Temperature and moisture will
be monitored)
5. The compost will be used by the Landscape company
C:\Users\Server\Shared Documents\Carol's Colors\Policies and Procedures\compost management
plan.docx
3/31/2014 Carols Colors Lanscaping Mail - WL- 14- 188
14- 188
ESCH David <Esch.David@deq.state. or.us> Tue, Mar 11, 2014 at 11:32 AM
To: Valli Williams <valri@carolscolorslandscaping.com>
Cc: "michael.pina@ashland.or.us" <michael.pina@ashland. or.us>, ESCH David <Esch.David@deq.state. or.us>
From: Valri Williams [mailto: ]
Sent: Tuesday, March 11, 2014 8:20 AM
To: ESCH David
Cc:
Subject: Re: WL - 14- 188
https://mail.g oog le.com/mail/u/0/?ui=2&i k=560926a8ef&wevw pt&q=esch.da\id%40deq.state.or.us&q s=true&search=q uerAmsg=144b26ad7089fOce&sirrd=144... 1/2
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EXECUTIVE SUMMARY
DESCRIPTION
This report addresses revisions to the "Verde Village Capacity and Access Analysis"
dated August 7, 2006, completed by JRH Transportation Engineering, as it corresponds
to comments made by the City of Ashland and changes made to the site plan. The
original TIA included the analysis of 60 residential units; revisions to the site plan result
in 68 residential units. Appendix A contains the comments made by the City of Ashland
and the response by JM.
RESULTS
A performance analysis was completed for the intersections of Nevada Street at Helman
Street-and Nevada Street at Oak Street. The performance analysis of all intersections
within the study, area shows that under the Build condition no degradation in level of
service -in comparison to the No-Build condition occurs due to the additional trips
produced by this development. All study area intersections perform at a-LOS B for the
Build condition.
JRH TRANSPORTATION ENGINEERING Verde Village I June 7, 2007 1
1.0 TRIP GENERATION AND DISTRIBUTION
The revised site plan increased the number of residential units from 60 to 68. The revised
site plan is shown in Appendix B. Vehicle trips generated by the development were
determined using the ITE Trip Generation Manual, 7th Edition. The Land Use Code 210-
Single Family Residential was used to determine the entering and exiting vehicle trips.
during the PM peak hour. Of the 68 residential units, 15 will be townhomes,_ and 14 will
be duplex units. Given the nature of the development and the proximity to local
attractors, it is assumed that all residential units will have trip generation characteristics
similar to those of single-family detached housing. As a result, traffic generated by the 68
units is calculated using the rate for the single-family units. Table 1 below illustrates the
trip generation.
Table 1: Trip Generation
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1Jmts 210 68 730` 57" 14 43 7648 28
* ln(T)=0.521n(x)+2.71
T= 0.70(x)+9.43
In(T)=0.901n(x)+0.53
Currently, on the southeast portion of the site there exists the Ashland Greenhouses. The
proposed residential development will replace the existing greenhouses. As a result, the
traffic generated by the greenhouses will be removed from the surrounding street
network. On the day the intersections were counted for this study, the existing nursery
generated 3 exiting trips and 12 entering trips during the PM peak hour (4:30PM - 5:30
PM). It is likely that additional counts would reveal more balance between entering and
exiting trips at the nursery. As a result, and in order to be appropriately conservative, the
analysis will assume the existing nursery generates 3 exiting and 3 entering trips in the
peak hour. The nursery will no longer operate once the housing is developed; therefore,
the housing project will receive a credit of 3 exiting and 3 entering trips in the peak hour
analysis. The PM peak hour LOS analysis will use 45 entering trips and 25 exiting trips.
The following intersections were studied as part of this analysis:
• Nevada Street at Helman Street/Alemda Street Extension
• Nevada Street at Oak Street
Trips generated by the development were distributed throughout the existing street
network based on existing traffic patterns. As a worst case, it was assumed that all of the
new trips would enter and exit the development via an improved northern leg of Helman
at Nevada. A vicinity map illustrating the site location and studied intersections is shown
in Figure 1. Distribution of development trips is illustrated in Figure 2.
JRH TRANSPORTATION ENGINEERING I Verde Village I June 7, 2007 1 2
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2.0 TRAFFIC COUNTS AND ADJUSTMENTS
JRH took traffic counts at the intersections of Nevada/Helman and Nevada/Oak on May
31, 2006. From these counts, a seasonal adjustment factor has been applied to represent
the anticipated traffic volumes on the roadway during the peak driving period. The raw
traffic volumes and peak season traffic volumes are included in Appendix C. The traffic
counts taken at the intersection of Nevada Street and Helman Street capture the traffic
entering and exiting the dog park (located to the north of the development), vehicles
accessing the greenway; and vehicle- accessing the greenhouses. The reduction taken in
traffic for the trip distribution represents the traffic generated by the greenhouse only, as
it will be removed with the proposed development. Figure 3 illustrates the peak season
traffic volumes. As shown in the figure, there is an estimate of 46 vehicles accessing the
dog park and greenway (minus the 6 vehicles accessing the greenhouses).
PM peak hour counts and subsequently a PM peak hour analysis was performed for this
proposed development. Typically, the highest traffic volumes on the roadway occur
during the PM peak hour. Table 1 illustrates that during the PM peak hour the
development will generate 33 percent more traffic than during the AM peak hour. As the
traffic volumes are anticipated to be at the highest during the PM peak hour, this will
represent the worst case scenario for intersection performance; therefore, AM traffic
counts were not taken, and an AM performance analysis was not performed.
3.0 EXISTING INTERSECTION PERFORMANCE
Performance measures were evaluated according to the Highway Capacity Manual
(HCM) method implemented by SYNCHRO Version 6. The following table summarizes
the existing performance of the studied intersections. Both intersections currently are
unsignalized, the reporting Level of Service is for the critical movement, the movement
with the highest delay. Appendix D contains the Synchro outputs.
Table 2: Existing Intersection Performance
Nevada Street at Heiman Street Southbound B
N ra Str et at Oak Str t WestbQurl f B
JRH TRANSPORTATION ENGINEERING I Verde Village I June 7, 2007 1 5
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4.0 YEAR OF COMPLETION YEAR 2010-ANALYSIS
The anticipated year of completion and full occupancy of the development is year 2010;
therefore, a performance analysis was completed for the year, 2010. To determine the
year 2010 traffic volumes, a yearly growth rate was determined using data obtained from
ODOT's Transportation Planning Analysis Unit. The ODOT Transportation Demand
Model indicates the average growth rate for roadways within the study area is 1.6
percent, for a conservative analysis a 2 percent per year growth rate will be applied to the
studied intersections to determine the year 2010 background traffic volumes. Figure 4
illustrates the year 2010 background traffic volumes.
The development traffic volumes are added to the 2010 background traffic volumes to
represent the year 2010 total traffic conditions after the completion of the development.
The 2010 total traffic volumes are included in Figure 5.
A performance analysis was conducted for the year 2010 traffic conditions with and
without the proposed development in place. The performance analysis was conducted
using the software program Synchro. The results of the analysis are included in Table 3.
The results are reported for the critical movement, the movement with the highest delay.
Appendix.E contains the Synchro outputs.
Table 3: 2010 Intersection Performance
F y
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JRH TRANSPORTATION ENGINEERING I Verde Village June 7, 2007 1 7
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5.0 SUMMARY AND RECOMMENDATIONS
This report addresses revisions to the "Verde Village Capacity and Access Analysis",
dated August 7, 2006, completed by JRH Transportation Engineering, as it corresponds
to comments made by the City of Ashland and changes made to the site plan. The
original TIA included the analysis of 60 residential units; revisions to the site plan result
in 68 residential units.
Completion of the proposed development is anticipated for the year 2010. This report
includes year of completion analysis, year 2010, for the roadway network within the
study area with an existing condition analysis performed for the year 2006.
A performance analysis was completed for the intersections of Nevada Street at Helman
Street and Nevada Street at Oak Street. The performamce analysis of all intersections
within the study area shows that under the Build condition no degradation in level of
service in comparison to the No-Build condition occurs due to the additional trips
produced by this development. All study area intersections perform at a LOS B for the
Build condition.
JRH TRANSPORTATION ENGINEERING I Verde Village I June 7,2007 1 10
APPENDIX A
CITY OF ASHLAND COMMENTS
J-R,H RESPONSE
CITY COMMENTS/ JRH RESPONSES
The following outlines the comments made by the City of Ashland upon review of the
"Verde Village Capacity and Access Analysis" performed by JR14 Transportation
Engineering, dated August 7, 2006. In addition, a response to the comments by JRH is
provided.
City of Ashland Comment #1:
The TIS submitted on Spetember 26,-2006 included in the application is based on 60
residential units whereas the proposed development includes 69 units.
JRH Response to Comment #1:
The current site plan includes 36 detached single-family units, 15 townhomes, and 14
duplex units, for a total of 68 units. The analysis performed in the addendum calculates
the impacts on the intersections for the completion of 68 residential units.
City of Ashland Comment #2:
The traffic generated by the town homes is based on an average of 5.86 trips per day per
unit. In contrast, single family homes are projected to have 10 trips per day per unit and
the apartments are projected to have 6 to 7 trips per day per unit. Staff questions whether
the townhomes will produce any less vehicle trips per day than the cottages, which are of
similar size.
JRH Response to Comment #2:
JRH performed the trip generation for the development using the rate for single-family
detached units for the entire 68 residential units. As 29 of the units are multi-family
homes, the trip generation rate for the single-family units is higher, resulting in a more
conservative analysis.
City of Ashland Comment #3:
The total average daily number of trips for the project is not discussed, and the am and
pm peak hour counts are not identified.
JRH Response to Comment #3:
Table 1 of the addendum shows the daily (ADT) trip generation for the proposed
development. The PM peak hour traffic counts are provided in Appendix C. The PM
peak hour traffic volumes, which have been adjusted to represent the peak season
volumes, are shown in Figure 3. AM traffic counts, and subsequently an AM analysis
were not performed for this study, since the PM traffic volumes are higher and represent
a worst case scenario for the intersection performance.
JRH TRANSPORTATION ENGINEERING Al
City of Ashland Comment #4:
Several other components of a TIS that are typically included are not addressed- trip
distribution and assignments including existing, development alone, no-build scenario,
and build scenarios.
JRH Response to Comment #4:
As part of this addendum, JRH provided the trip distribution and assignment in Figure 2.
The existing traffic volumes are provided in Figure 3. The No-Build volumes are
included in Figure 4. The Build traffic volumes are included in Figure 5.
City of Ashland Comment #5:
The application describes existing trips to the greenhouse, but there is no clear indication'
if this includes traffic going to and coming from the dog park/greenway parking lot. Staff
believes the dog park and greenway trip generation must be included in the TIS.
JRH Response to Comment #5:
The traffic counts taken at the intersection of Nevada Street and Helman Street capture
the traffic entering and exiting the dog park (located to the north of the development),
vehicles accessing the greenway, and vehicles accessing the greenhouses. It is estimated
that 3 trips entered the greenhouses and 3 trips exited the greenhouses during the PM
peak hour. All other traffic is assumed to be accessing the dog park and greenway. The
reduction taken in traffic for the trip distribution represents the traffic generated by the
greenhouse only, as it will be removed with the proposed development. Figure 3
illustrates the peak season traffic volumes. As shown in the figure, there is an estimate of
46 vehicles accessing the dog park and greenway (minus the 6 vehicles accessing the
greenhouses).
JRH TRANSPORTATION ENGINEERING A2
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ZONING PERMIT APPLICATION
Planning Division
51 Winburn Way; Ashland OR 97520 FILE 2 0052 -7
0O~
C g .r Y o r 541-488-5305 Fax 541-488-6006
ASHLAND
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO '
Street Address'
Assessor's Map No. 391 E Tax Lot(s)
Zoning Comp Plan Designation
APPLICANT
Name Phone _ E-Mail
Address.; City Zip ;
PROPERTY OWNER
Name a~. Phone _ E-Mail
Address City. Zip
f
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT OTHER
Title Name Phone. E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Zip
I hereby certify that the statements and Information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. I understand that all property pins must be.shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. L further understand that if this request is subsequently contested, the burden will be on me to .
establish:
1) that 1 produced sufficient factual evidence at the hearing to support this request
,2) that the findings of fact fumished justifies the granting of the request; _
3) that the findings. of fact furnished by me are adequate; and further
4) that all structures or improvements are propedy located on the ground.
Failure in this regard will resuft most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be removed at my expense; If I have any doubts, l am advised to seek competent professional advice and assistance, .
Applicant's Signature Date
As owner of the property involved in this request, I have read and understood the complete application and.ifs consequences to me as a property ,
owner.
Property Owner's Signature (required). Date
fro be completed by City Sbdfj
Date Received C Zoning Permit Type Filing Fee $
OVER 0
Job Address: 87 NEVADA ST W Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: WILMA LLC O Phone:
P Customer 01483 N State Lic No:
L T City Lic No:
P CAROL'S COLORS
Applicant: 87 NEVADA ST W R
Address: ASHLAND OR 97520 q
C C Sub-Contractor:
A Phone: (541) 535-7074 T Address:
N Applied: 03/31/2014
T Issued:
Expires: 09/27/2014 R Phone:
State Lic No:
Maplot: 391E04131100 City Lic No:
DESCRIPTION: CUP
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
Conditional Use Permit Type 1 998,00
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
Inspection Request Line: 541-552-2080 CITY OF
-ASHLAND
Zimbra https://zimbra.ashland.or.us/zitnbra/h/printinessage?id=37965
imbra pinam@ashland.or.us
RE: L - 1- 188
- - - - - - - -
From : ESCH David < Esch. David@deq. state. or. us> Tue, Mar 11, 2014 11:32 AM
Subject : RE: WL - 14- 188
To :'Valri Williams'
<valri@carolscolorslandscaping.com>
Cc : michael pina <michael.pina@ashland.or.us>,
ESCH David <Esch.David @deq.state.or.us>
Greetings,
Based on the proposed operations plan, the facility should be able to operate with no
detrimental impacts to the environment or public health and safety. As long as the total
weight of feedstocks remain below 100 tons and the feedstocks remain the type discussed, no
permitting will be required by DEQ. If feedstocks change, site conditions or operations change
or if the amount of feedstocks exceed 100 tons, please contact DEQ for possible permitting.
While no permit is required I would urge caution regarding compost leachate management so
that no leachate is allowed to flow into the adjacent waterway-thus if materials are on-site
during periods of heavy precipitation, tarping of the piles or other engineering controls may
by appropriate. Once in operation, and the day-to-day "bugs" are worked out, if you like I
could swing by and offer a technical assistance visit.
Thanks for providing me the opportunity to review the operations plan and I thank you both
for your diligent efforts to resolve the original concerns. If additional information is needed
from DEQ by the City of Ashland to move the CUP project forward, please feel free to contact
me.
David Esch
Solid Waste Specialist
Western Region Solid Waste Program
Oregon DEQ - Medford
541-776-6148
From: Valri Williams [mailto:valri@caroiscolorslandscaping.com]
Sent: Tuesday, March 11, 2014 8:20 AM
To: ESCH David
Cc: michael.pina@ashland.or.us
Subject: Re: WL - 14- 188
1 of 3 3/13/2014 11:57 AM
Zimbra https:Hzimbra.ashland.or.us/zimbra/h/printmessage?id=37965
Hi David,
Sorry it has been so long since I have contacted you recarding this matter. I have been working
with the City of Ashland but nothing has been resolved yet. The City has requested a
,"Confirmation letter from DEQ that the proposed Operantion Plan will not pose health
concerns". I have attached our management plan. Please review it and let me know what I need
to do to get the requested letter from you. We have moved and a lot of the material on the site.
If you would like to see what we have done I would be happy to have you come by. I. have
copied Michael Pina who is my contact at the City.
Thanks so much for your help.
Valri
On Fri, Feb 7, 2014 at 11:47 AM, Valri Williams Nalri@caroiscolorslandscapin_.com>
wrote:
I will give you an update after my meeting with the City on Tuesday.
Valri
i
On Fri, Feb 7, 2014 at 10:48 AM, ESCH David <Esch.David @deg.state. or.us> wrote:
Greetings Valri,
Thank you for the update -the actions you've described are appropriate. Please continue
pursuit of the Conditional Use Permit through the City of Ashland. In the absence of that land
use approval, you will not be able to continue composting. I understand city staff are currently
working on this project. I need to keep the solid waste complaint "open" until the land use
approval issue is resolved.
Please contact me if you have further questions.
Thanks again,
David Esch
Solid Waste Specialist
Western Region Solid Waste Program
Oregon DEQ- Medford
541-776-6148
From: Valri Williams [mailto:vairi@carolscolorslandscaping.com]
Sent:- Friday, February 07, 2014 9:48 AM
2 of 3 3/13/2014 11:57 AM
ti
CITY OF
October 20, 2011 ASHLAND
WILMA
744 Helman Street
Ashland OR 97520
re: 87 Nevada Street, Ashland
Dear Mr. and Mrs. Williams,
I am writing to relay complaints from neighbors in the area of your property at 744
Helman, regarding debris piles of lumber and concrete rubble.
➢ AMC 9.12.020 - Keeping Junk - Exposed to View Unlawful - It is unlawful for
any owner, lessee, or occupant to keep any junk on any lot or premises within
the City, or in a building that is not wholly or entirely enclosed except doors used
for ingress and egress. It is unlawful for any person, their agent. or employee, to
keep any junk on any street or other public property.
While we appreciate your intentions that the materials were being stockpiled for reuse in
the Verde Village Project, the lack of certainty over the timing of future project phases
necessitate that the City act upon these Citizen Complaints.
To comply with the Ashland Municipal Code the concrete piles and lumber piles must be
removed or screened from view from any adjacent properties or public right-of-ways.
Please contact me immediately to let us know when the vehicle removal and junk clean-
up will begin so we can track this work through completion. The deadline will be six-
months from today; or Tuesday, May 1, 2012 for the junk removal to be completed.
Thank you for your anticipated compliance.
Please feel free to contact me at 541-552-2044 if you have any questions.
Sincerely,
Amy t
Assistant Planner
guntera(a~ashland. or. us
Department of Community Development
20 E. Main Street
Ashland, Oregon 97520
Tel: 541/488-5305
Fax: 5414488-6006
i.
TTY: 800/735-2900 all
www.ashland.or.us