HomeMy WebLinkAboutClearCreek_156_PA-2014-01865
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CITY F
ASHLAND
December 12, 2014
Notice of Final Decision
On December 12, 2014, the Community Development Director approved the request for the following:
Planning Action: #2014-01865
Subject Property: 156 Clear Creels Drive
Applicant: Barb Ciota
Description: A request for a modification of a previously approved Site Review Approval for
two, attached wall 3-story mixed used commercial and residential buildings. The requested proposal is to
modify the exterior of the building that is currently under construction located at 156 Clear Creels Drive.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39
lE 09BA TAX LOT: 14705
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 Amy Gunter in the Community
Development Department at (541) 488-5305.
cc: Parties of Record; Property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 `
Jr
www.ashland.or.us t
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 planning actions resulting from the
Type I Planning Procedure shall be the Staff Advisor decision, effective on the 13`i' 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 j
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 12`I' 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
Ashland, Oregon 97520 TTY: 800-735-2900
Www.ashland.or.us ' _
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ASHLAND PLANNING COMMISSION
FINDINGS & ORDERS
PLANNING ACTION: PA-2014-01865
SUBJECT PROPERTY: 156 Clear Creek Drive
OWNER/APPLICANT: Barb Ciota
DESCRIPTION: A request for a modification of a previously approved Site Review
Approval for two, attached wall 3-story mixed used commercial and residential buildings. The
requested proposal is to modify the exterior of the building that is currently under construction
located at 156 Clear Creek Drive. COMPREHENSIVE PLAN DESIGNATION: Employment;
ZONING: E-1; ASSESSOR'S MAP: 39 lE 09BA TAX LOT: 14705
SUBMITTAL DATE: October 27, 2014
DEEMED COMPLETE DATE: _ November 7, 2014
STAFF APPROVAL DATE: December 12, 2014
FINAL DECISION DATE: December 25, 2014
APPROVAL EXPIRATION DATE: December 25, 2015
DECISION:
The subject property is lot three of the seven-lot subdivision known as Spur Rail Subdivision,
which was approved in January 2006 and is located at 156 Clear Creek Drive. The subdivision
was of a .79 acre parcel, bounded by an alley to the east, Clear Creek Drive to the north, vacant
land to the west, with Ashland Lumber farther to the west, and the Central Oregon Pacific
Railroad to the south and a to the east. There is a parking lot for the subdivision behind and to
the west of the subject site. The remaining subdivision building lots are currently vacant.
The subject property is 1,643 square feet in area. The property is zoned Employment (E-1),
with a residential use permitted in conjunction with commercial use of the ground floor. The
parcel is located within the Detail Site Review Zone.
The proposal is to modify the 2008 Site Review approval (PA2008-00762) to construct two
mixed-use buildings on separate tax lots for one of the buildings. The second building is not
under construction and a separate Site Review to modify the previous 2008 approval will be
processed.
The original proposal was for a three-story structure with 745 square feet of commercial space I
and a 205 square foot single vehicle garage on the ground floor and the upper two floors for a
single residential unit. The application required Site Review approval utilizing the Site Design
and Use Standards for Basic Site Review and the Detail Site Review. The building size, height,
setbacks and parking requirements are not affected by this proposal. The proposal is to modify
the exterior fagade of the building due to changes that were made in the field during
construction.
PA 2014-001865
156 Clear Creek Dr./adg
Page 1
The original approval had the building setback ten feet from the front property line with a scored
concrete courtyard between the building and the public sidewalk. The applicant has proposed to
install a smaller area of concrete, a bench and place the covered bicycle parking structure on a
concrete pad at the west end of the building. The applicant has proposed to install landscaping
(rhododendrons, azaleas, lavender and a Japanese maple with pea gravel ground cover. The Site
Design and Use Standards require a minimum of two inches of mulch, a condition requiring the
pea gravel to be removed and replaced with mulch has been added. The plant materials that are
installed, for example Leyland cypress, lavender and grasses will need to be replaced with those
shown on the landscaping plan dated October 27, 2014.
The original proposal, facing Clear Creek Drive, had a transom window over the store-front style
door. The door installed is an eight foot tall steel door with a small window. The original
windows were proposed as two, three foot by seven-foot windows on either side of a single six
foot wide by seven foot tall fixed pane windows. The applicant installed two, three foot wide by
five foot tall windows on either side of a single, six foot tall by five and one-half foot wide
window. The widows installed are also slider windows. The windows are smaller in area and
since they are sliders instead of fixed pane, the overall opening area is smaller in area. The
windows on the east side of the ground floor were proposed as four foot tall by seven foot wide
sliders. The windows installed were three foot tall by five foot wide sliders. The second story
windows facing the street were proposed as two, three foot wide` by seven foot tall windows on
either side of a single six foot wide by seven foot tall fixed pane windows and a single three foot
tall by seven foot wide. The windows installed are two, five foot tall by five foot wide and one
three foot tall by five foot wide window on the west end of the building. The approved east
facade of the second floor had a six-foot sliding patio door that existed to an eight and one half
foot wide, three-foot deep cantilevered deck and a four foot wide by seven foot tall slider
window. The applicant installed a four foot wide by five foot tall slider window. The proposed
modification has a curved balcony aperture proposed below the window. The third floor had no
windows shown in the previous approval; the applicant installed three, one foot wide by four and
one half foot tall fixed pane windows. The third floor, east elevation approval had three, one foot
wide by five and one half foot tall fixed pane windows, four windows that are one foot wide by
four and one-half foot tall were installed.
The changes to the windows and doors modified the area of openings as required in the Site
Design and Use Standards. The standards require that a minimum of 20 percent of the wall area
facing the public street shall be display areas, windows or doors. When originally approved,
more than 30 percent of the wall area had windows and doors, the modifications have 21 percent
of the wall area as windows and the entrance door. This complies with the standard. The building
orientation and setbacks were not modified as part of this proposal and comply with the
standards in place as the time of the original approval.
The original proposal had a curved, corrugated metal marquee with a one foot wide thickened
edge over the front door. The 2008 decision required the marquee be a minimum of four feet in
depth. The marquee installed appears to be approximately three feet deep. This proposal
modifies the original by providing a four foot deep, curved corrugated metal marquee that has a
one foot wide, thickened edge for approximately 3/4 of the facade. Over the entrance, ten feet of
the marquee edge is further thickened to three-feet with two recessed lights. The proposed
PA 2014-001865
156 Clear Creek Dr./adg
Page 2
marquee complies with the standards and provides for both emphasis to the entrance and
provides protection for pedestrians from the rain and sun. Additionally, the applicant has
proposed individual awnings over the windows on the second floor and the east side of the
building. A four foot deep awning is proposed over the door on the east elevation and the
awnings over the windows are proposed to be two. feet, six inches deep. The applicant has not
indicated whether fabric or metal materials will be used for the awnings. Corrugated metal,
similar to that proposed for the front marquee would provide the most cohesive design. A
condition requiring the awnings to be corrugated metal in a non-reflective, earth tone color has
been added.
The majority of the exterior is stucco in a sandy beige color. The Site Design and Use Standards
require that 15 percent of the exterior have changes in relief through the use of cornices, bases,
fenestration, fluted masonry, etc. There is a cornice at the top of the building, lentils over the
windows and the applicant has to install a base of masonry or stone veneer with a cap to match.
The existing details and the addition of the base will.provide the required 15 percent relief as
required in the standards. The applicant has not chosen a specific base material but a stone
veneer with some texture a minimum of eight inches wide in a dark earth tone would provide an
effective anchoring base.
There is adequate capacity in water, sewer, storm sewer, and electric and transportation facilities
to serve the proposed building. All facilities were installed as part of the original subdivision
development.
Four covered bicycle parking spaces are proposed in front of the buildings; details regarding the
material was not provided in the application and will be required to be shown on a building
permit submittal for the structure. Since the bicycle parking is on the Public Utility Easement
(PUE) it will be constructed in a manner than can be easily removed if access to the PUE is
necessary.
The building was modified without Site Review approval and staff finds that the existing
changes and the proposed modifications as detailed on the October 27, 2014 plans complies with
the City of Ashland Site Design and Use Standards.
The criteria for Site Review approval are described in the Site Design and use Standards chapter
18.72.070 as follows:
A. All applicable City ordinances have been met or will be met by the proposed
development.
B. All requirements of the Site Review Chapter have been met or will be met.
C. The development complies with the Site Design Standards adopted by the City
Council for implementation of this Chapter.
D. That adequate capacity of City facilities for water, sewer, paved access to and
through the development, electricity, urban storm drainage, and adequate
transportation can and will be provided to and through the subject property.
In Staff's opinion, the criteria for Basic Site Review and Detail Site Review are satisfied by the
proposal with the addition of the conditions of approval. The building is oriented to the street,
PA 2014-001865
156 Clear Creek Dr./adg
Page 3
with vehicular parking to the rear, and entrances to the building interior for pedestrians directly
from the street as well as from the parking area. The proposal did not modify the previously
approved Floor Area Ratio requirements and parking requirements.
Planning Action 2014-01865 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 2014-01865 is denied. The following are the conditions and they are attached to
the approval:
1) That all proposals of the applicant as detailed on the submitted plans dated October 27, 2014
shall be conditions of approval unless modified here.
2) That the detail on the marquees / awnings shall be submitted for review and approval of the
Staff Advisor prior to issuance of a structural permit. The ground floor marquees shall be a
minimum of four feet in depth from the wall of the building. The marquees / awnings over
the windows shall be constructed of non-reflective, earth tone corrugated metal.
3) Display areas, windows and doorways shall allow views into the interior of the building, and
the windows shall not be tinted so as to prevent views from outside of the building into
the interior of the building.
4) That the building permit submittals for the bike parking structure shall verify that the bicycle
parking spacing and coverage requirements are met in accordance with 18.92.040.1.
5) That the base veneer be installed with a textured, dark earth tone stone a minimum of eight-
inches wide.
6) Prior to the issuance of a certificate of occupancy:
a) All bicycle parking shall be installed in accordance design and rack standards in
18.92.040.1 and J prior to the issuance of the certificate of _ occupancy.
b) That bioswale landscaping associated with each parcel and other associated
landscaping for the lot development shall be installed in accordance with the
approved plans prior to the issuance of a certificate of occupancy.
c) That the parking lot shall be striped and wheel stops shall be installed in accordance
with the previous approval prior to the issuance of a certificate of occupancy.
1 Molnar, irector Date
ommunity evelopment Department
L
PA 2014-001865
156 Clear Creek Dr./adg
Page 4
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On 12/12/2014 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
i
under each person's name for Planning Action #2014-01865, 156 Clear Creek Dr.
Signature of Employee
i
DocumenO 12/12/2014
PA-2014-01865 391E09BA 14602 PA-2014-01865 391E09BA 50003 PA-2014-01865 391E04CD 2000
249 A STREET LLC BENDAT KEN TRUSTEE ET AL BERNARD DAVID A TRUSTEE
PO BOX 35 455 COURTNEY PO BOX 730
PHOENIX, OR 97535 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-01865 391E09BA 14705 PA-2014-01865 391E04CD 1900 PA-2014-01865391E09BA 14703
CIOTA BARBARA CLEAR CREED INVESTMENTS LL''C = ELLINGSON-WHITE FAMILY TRUST
7975 DEAD INDIAN MEM RD 845 OAK ST 253 THIRD ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-01865 391E09BA 14603 PA-2014-01865 391E09BA 14601 PA-2014'-01865 391E09BA 14707
GOLDEN-FIELDS PROPERTY GRANGE CO-OP SUPPLY ASN INC KENCAIRN KERRY
845 OAK ST P O BOX 3637 147 CENTRAL AVE
ASHLAND, OR 97520 CENTRAL POINT, OR 97502 ASHLAND, OR 97520
PA-2014-01865 391E09BA 50004 PA-2014-01865 391E09BA 14706 PA-2014-01865 391E09BA 14704
LA ROSA HOLDINGS LLC NOLEN DAVID RNN PROPERTIES LLC
180 CLEAR CREEK 203 328 1/2 LIBERTY ST 2640E BARNETT RD E-43I
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97504
PA-2014-01865 391E09BA 50002 PA-2014-01865 391E09BA 14860 PA-2014-01865
ROGERS ALEX/TINA UNION PACIFIC RR CO JOHN FIELDS
450 PARK RIDGE PL 1400 DOUGLAS ST STOP 1640 149 CLEAR CREEK, STE 111
ASHLAND, OR 97520 OMAHA, NE 68179 ASHLAND, OR 97520
156 CLEAR CREED DR
NOD 12/12/2014
15
11-21-2014
To: Planning Department
Re: 156 Clear Creels Modification of plans
From: John Fields
149 Clear Creek suite 111
Ashland, OR 541-944-2262
Here are some general comments regarding the approved plans and the current completed
project 156 Clear Creek. There are some major problems with the building in elevation details:
1. I guess the color rendition is what the original site review promised it might feel like,
there is no date on it so I am not sure what merit it has in the review of the structures
compliance. The submitted drawing is a little closer to this original, compared to the
completed building. The original color rendition is was what I saw in the original
notice. I decided that I did not need to call it up. I didn't really like it much, but I
figured live and let live. I thought it was a two story building facing the street.
2. I approached Barb again during construction regarding windows and she defended her
design and I figured she was building what had been approved and I had not
said anything so that was it. I was hoping she would acknowledge that XO slider
windows were inappropriate for a commercial street scape and might consider changing
them. I appealed to her a second time when she was ready to stucco and I recommended
that the windows be removed and reinstalled so that they were properly flashed (and in
that process change those sliders). Unfortunately this building obliterates our building's
views across the street (149 Clear Creek) and our southern view of mount Ashland, it is
not a contribution to the streetscape, and it definitely detracts from the experience from
inside our building.. Actually even outside.
3. The windows are tall and symmetrically placed in the approved drawing, the windows
were shortened and there are the added "castle bowman defense slot" windows in a third
story that is not on either of the original plans. The windows are smaller shortened and a
displeasing configuration. The windows on the side of the building are white, the front
of the building is almond. I had a particular problem with the 3-0 wide slider windows
with unequal sizes. The original design was one mulled unit that had some balance.
4. I can't figure how the whole proportion of the building changed so much. It appears
much wider than the approved building. I guess there was going to be a stairwell or
something to the right between buildings?
5. I am unsure about which drawings are the actually submitted drawings. Is that the
awning detail she proposed? A big gust of wind will tear that flimsy corrugated metal
off the frame and kill someone. It is a Quonset but detail, maybe a tribute to Camp
White. She copied our use of materials but the scale and proportion are ridiculous.
6. I did not get a copy of the landscape drawings, but the front of the building using a
Lelande cypress with pea rock for ground cover is pathetic. The rock is a hazard and will
spread all over the sidewalk. I would expected hardscape, a planter you could sit on and
a tree with stature that would soften the building. I think the street trees in the parkrow
(Chinese lantern) are kind of wimpy as well.
7. The location of the mailbox is inappropriate, it should move across the street where ours
are or move to where the fire plug is. That mailbox will take two on street parking places
per postal requirement of 20' either side of it.
8. Most importantly, whoever is designing the attached building to the west needs to work
with her revised design so that the contrast doesn't emphasize all the problems of
proportion.
I could go on and on. I could make a compelling case for making her fix it- if that is even
possible.
I know the city's policy to increase lot: structure coverage, creating more efficient use of our land
inventory, is probably what the public feared if it were to happen on A st. Ugly buildings that
have bad proportions look extra big and ugly. How can a potentially cute little building be so
awful?
I am not sure if putting faux stone on the bottom below the windows will fix anything I am not
sure what the plant on headers are supposed to imply. The front door is a cheap steel door that
doesn't even have an. accessible sill. A transom would help, maybe the door lining up with the
windows would help.
So where are we with this? This is what all the rules and standards are about. If I did not have
to look at it every day, I would say mistakes happen and this should inform designs in the
future. These bad kinds of aesthetic decisions happen. A little window change to someone with
an alternative aesthetic sense seems like no big deal.
I have a huge investment in Ashland and Clear Creek in particular. I hope my comments can be
taken constructively. I am not taking pleasure in humiliating Barb. I am hoping we can clarify
our expectations for future development.
Sincerely,
John Fields
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Planning Department, 51 Winbuln Way, Ashland, Oregon 97520 C I T Y F
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY; 1-800-735-2900 ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: 2014-01865
SUBJECT PROPERTY: 156 Clear Creek
OWNER/APPLICANT: Barbara Ciota
DESCRIPTION: A request for a modification of a previously approved Site Review Approval for two, attached
wall 3-story mixed used commercial and residential buildings. The requested proposal is to modify the exterior
of the building that is currently under construction located at 156 Clear Creels Drive. COMPREHENSIVE
PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 lE 09BA TAX LOT: 14705
NOTICE OF COMPLETE APPLICATION: November 7, 2014
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: November 21, 2014
,a9 ,03 ~
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129
CREEKDRIVE
39 1E 09BA 14705 1-
1A _ L1142.1
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\ Property tEncs are for ref ranee only, not sco:Iea:btc
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O 10 20 40 Feet
The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staffs decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your
right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with '
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
GAcomm-dev\planningTIanning Actions\Noticing FoldeAbtailed Notices & Signs\2014\PA-2014-01865.docx
SITE DESIGN AND USE STANDARDS
18.72.070 Criteria for Approval
The following criteria shall be used to approve or deny an application:
A. All applicable City ordinances have been met or will be met by the proposed development.
B. All requirements of the Site Review Chapter have been met or will be met.
C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter.
D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm
drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the
street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options.
i,
Wcomm-dev\plaoning\Planning Actions\Noticing FolderVdailed Notices & Signs\2014\PA-2014-01865.docx
t
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
I
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On November 7, 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 #2014-01865, 156 Clear Creek.
Signature of Employee
DocumenQ 11M2014
PA-2014-01865 391E09BA 14602 PA-2014-01865 391E09BA 50003 PA-2014-01865 391E04CD 2000
249 A STREET LLC BENDAT KEN TRUSTEE ET AL BERNARD DAVID A TRUSTEE
PO BOX 35 455 COURTNEY' PO BOX 730
PHOENIX, OR 97535 ASHLAND, OR 97520 ASHLAND, OR 97520
i
PA-2014-01865 391E09BA 14705 PA-2014-01865 391E04CD 1900 PA-2014-01865 391E09BA 14703
CIOTA BARBARA CLEAR CREEK INVESTMENTS LLC ELLINGSON-WHITE FAMILY TRUST
7975 DEAD INDIAN MEM RD 845 OAK ST 253 THIRD ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2014-01865 391E09BA 14603 PA-2014-01865 391E09BA 14601 PA-2014-01865 391E09BA 14707
GOLDEN-FIELDS PROPERTY GRANGE CO-OP SUPPLY ASN INC KENCAIRN KERRY
845 OAK ST P O BOX 3637 147 CENTRAL AVE
ASHLAND, OR 97520 CENTRAL POINT, OR 97502 ASHLAND, OR 97520
PA-2014-01865 391E09BA 50004 PA-2014-01865 391E09BA 14706 PA-2014-01865 391E09BA 14704
LA ROSA HOLDINGS LLC NOLEN DAVID RNN PROPERTIES LLC
180 CLEAR CREEK 203 328 1/2 LIBERTY ST 2640 E BARNETT RD E-431
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97504
PA-2014-01865 391P-09BA 50002 PA-2014-01865 391E09BA 14800
ROGERS ALEX/TINA UNION PACIFIC RR CO
450 PARK RIDGE PL 1400 DOUGLAS ST STOP 1640
ASHLAND, OR 97520 OMAHA, NE 68179
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Barbara Ciota
7975 Dead Indian Memorial
Ashland, OR. 97520
(541) 326-9034
e-mail bciota@bisp.net
October 27, 2014
City of Ashland
Planning Department
51 Winburn Way, Ashland, OR. 97520
i
Re: 156 Clear Creek Drive, Proposed Modification r
Thank you for the opportunity to submit this modification for the above referenced
project.
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Proposed Modifications:
The proposed modifications include changes to the windows, canopies, balcony
appendage, base veneer and the entry hardscape. All changes meet the City of Ashland
Site Design and Use Standards. The proposed modifications are well fitted to the
structures interior layout. These modifications will enhance and enliven the pedestrian
area entrance. The improved definition is provided by having substantial window area,
and relief. The combination of a hardscape frontage with organic plantings are similar to
adjacent existing facilities give a positive impact to the streetscape.
Submittals:
1. Approved Document Drawing Elevations.
2. (2) copies of Proposed Modification Elevations.
3. Entry Bench.
Sincerely,
Barbara Ciota, PE,SE
CI 27 2014
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p r ZGF77_'Gj PERMIT APPLICATION
Planning Department
51 Winburn Way, Ashland OR 97520 FILE {
ASHLAND 541488-5305 Pax 541488-6006
DESCRIPTION OF PROJECT c✓SE
DESCRIPTION OF PROPERTY
Street Address 1~52, eLe,-;112
Assessors Map No. 39 1 E 0&! Tax Lot(s)
Zoning R-1- 7. s - / Comp Plan Designation
APPLICANT
Name Phone E-Mail loTa'bi sy~,
Address 79'7--5- ;eQ~ Z_424K rte, /7 City Zip c?7-5_o?0
PROPERTY OWNER
Name Phone / SzG °76t-:~ E-Mail AG :/g ' ~•S~ Ak°7z,
Address City Zip
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title Name ~G Gv~ --d one
Address City Zip
Title Name Phone E-Mail
Address City Zip
f 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. I further understand that if this request is subsequently contested, the burden will be on me to
establish,
1) that I produced sufficlent factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact tumished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be removed at my expense. If I have any doubts, I am advised to seek competent professional advice and assistance.
~/rte
Applicant's Signature Date
As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property
owner.
Property Owner's Signature (required) Date
fro be completed by CiV Staq
g.
Date Received Zoning Permit Type _ Filing Fee $
OVER 0
G, Nmn iPv1n1annino1Fnrmc W tinndmvd7nninu Prrmit Annli--inn Fnrrn dnr
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Job Address: 156 CLEAR CREEK DR Contractor:
ASHLAND OR 97520 Address:
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A Owner's Name: BARBARA CIOTA O Phone:
P Customer 04275 N State Lic No:
P BARBARA CIOTA T City Lic No:
L Applicant: 542 WASHINGTON R
I Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: (541) 552-0290 T Address:
N Applied: 10/2712014
T Issued:
R
Expires: 04/25/2015 Phone:
State Lic No:
Maplot: City Lic No:
DESCRIPTION: modification to original approval
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
ELECTRICAL
STRUCTURAL ~
L PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Other Type 1 planning review 335.00
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
wwmashland.or.us
Inspection Request Line: 541-552-2080 CITY ® F
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Barb Ciota
156 Clear Creek Drive
Ashland, OR. 97520
(541) 552-0290
e-mail bciota@bisp.net
Date: August 6, 2014
Ashland Planning Department
Attn: Amy
Ashland, Or. 97520
Re: 156 Clear Creek Dr. site review compliance concerns
Please note responses to site review compliance concerns as follows:
Item 1: Door installed is of a residential style and not a commercial style.
The door is an 8030 commercial size to best fit the 10 foot office ceiling height.
The style fits into the mixed use Residential /Commercial guidelines.
Item 2: Door Transom: the approval showed a transom over the door.
The transom was combined into the 8 foot door height as a single glazing. The
area of glazing did not change.
Item 3: Canopy: the canopy is more substantial in height than what was on the plans.
The canopy is cantilevered over the utility easement. It is not completed and will
have a 12 inch band installed prior to occupancy. It is approximately 1 foot
higher than the plans and fits into the site design and use standards for Ashland.
If any future work needs to be done in the easement, hopefully the canopy will
not interfere.
Item 4: Gable Band: Band shown at base of gable
The thin gable band on the plans was intended to be an expansion joint not a trim.
The installed appearance is thinner than on the plans. Newer materials now allow
fora less defined joint. The expansion joints were installed to best fit the building
style and as recommended by the stucco contractor.
Item 5: Windows: the number of windows varies from what was approved. The installed
windows are smaller in size than what was approved.
The windows in the commercial area are 1 foot shorter than the plans. The area of
the glazing is still well within the 20% Ashland Site Standards. The number of
windows are the same for the commercial area. The sill height of the windows
were raised to have a 3 foot sill height for safety and security concerns. The plans
did not detail the intent to have sliders to allow for great office ventilation in the
ti front. However, the side yard windows were shown on the plans to have sliders.
Both the front and side yard windows match in style.
~he residential front large window was reduced in size. To allow for privacy. It
was arranged to best align with the building configuration. Three small windows
'were install adjacent to the stair well for added interior natural light. The size of
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the windows in the residence allowed for greater wind shear resistance and fits
into the Ashland Site Standards.
Item 6: Deck: Second floor deck on South elevation.
The second floor deck was omitted. It encroached into the 20 foot required side
yard separation.
I would like to propose the following plan changes:
I. Reduce the size of the hard scape in front and install a section adjacent to the
entry with landscape rock and plants. This would match the existing buildings
on Clear Creek Dr. and add to the beautification of the neighborhood.
2. Move the bike rack to the edge of the proposed reduced hard scape.
3. Install a base veneer rock to the front and side yard of the structure. This
would match the existing buildings on Clear Creek Dr.
Please call or email if you have any other concerns. I believe all the changes were minor
and were in the best interest of the overall building layout and continuity between the
interior and exterior elements.
Sincerely,
Barb Ciota S.E.
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CITY OF
September 4, 2014 ASHLAND
Barb Ciota
156 Clear Creek Drive
Ashland, OR 97520
Dear Barb,
This letter is in regards to the significant changes that were made during the
construction of the building at 156 Clear Creek Drive that are not in compliance with the
land use approval (PA2008-00762). This is a violation of Ashland Municipal Code
18.112.085.
The issues arise because the property is within the Detail Site Review Zone and is
subject to the standards from the Site Design and Use Standards. The purpose of the
City of Ashland's Site Review Zones is to have commercial buildings designed in a
manner that has a positive impact upon the streetscape. The requirements of the Detail
Site Review are meant to have the design enhance and enliven the pedestrian area
though design amenities. These amenities include substantial window area that provide
transparency to allow view into the space, emphasis on the entrance, changes in relief
to reduce the massing and provisions for pedestrian covering. Additionally, the provision
of hardscape and people friendly areas between the public sidewalk and the building .
area are also required.
Below I've included the standard from the Site Design and Use Standards and a
statement of staff's concerns. At this point since the building does not conform to the
land use approval and there is a possibility that changes which affect the structure may
be required, the Building Division has been directed to not do any further inspections on
portions of the building that may be affected.
Any proposed changes will require an application for a modification to the approved Site
Review. In addition to the application fee of $1,012.00, written findings addressing the
criteria from AMC 18.72 and the Site Design and Use Standards, including detailed plans
demonstrating compliance are required to process the application. I've included the
application form and the municipal code with this letter. The Site Design and Use
Standards can be found on the City of Ashland website at
http://www.ashland.or.us/Files/SDUS_Revised_6.1.2012.pdf
I
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Community Development Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 8001735-29001
www.ashland.or.us
ti
Site Design and Use Standards:
II-C-2a) Orientation and Scale (Openings i.e. doors and windows)
Any wall which is within 30 feet of the street, plaza or other public openspace shall
contain at least 20% of the wall area facing the street in display areas, windows, or
doorways. Windows must allow view into working areas or lobbies, pedestrian
entrances or displays areas. Blank walls within 30 feet of the street are prohibited. Up
to 40% of the length of the building perimeter can be exempted for this standard if
oriented toward loading or service areas.
The wall area is approximately 845.48 square feet and 20 percent of that
area is 169.096. Based on the revised elevations it is unclear if this
standard is met.
Buildings shall incorporate lighting and changes in mass, surface or finish to give
emphasis to entrances.
® The installed door is shorter and narrower than the door shown on the
approval. The door though commercial does not give the appearance of a
commercial door and appears from the streetscape to be residential.
There is a lack of emphasis on the entrance.
II-C-2a) Orientation and Scale (Pedestrian elements)
Buildings shall incorporate arcades, roofs, alcoves, porticoes, and awnings that protect
pedestrians from the rain and sun
® As per the conditions of approval from the land use application the awning
over the front door was required to be a minimum of five feet in depth.
The installed awning appears to be narrower in width. Additionally, the
awning is installed at a higher height than shown on the land use
application elevations and it is questionable if it will provide protection for
pedestrians from the rain and sun.
® When proposed, the setback area between the building and the sidewalk
was shown as a hardscape surface that included the covered bicycle
parking. The installed hardscape does not comply with what was
proposed. If the desire is to keep the landscaping it would need to be
planted in a way that frames the pedestrian refuge area either to the side
or in pots. Hardscape and people friendly areas between the public
sidewalk and the building area are required
II-C-2d) Building Material (Design elements)
Buildings shall include changes in relief such as cornices, bases, fenestration, fluted
masonry, for at least 15% of the exterior wall area.
® The areas that were shown as relief on the front fagade of the building
have been `installed" as stucco joint lines. Additionally a base that
extended to the bottom sill of the windows was not installed. The building
lacks the required changes in relief.
Community Development Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland,,Oregon 97520 TTY: 800/735-2900
www.ashland.or.us L
F
® The areas that were shown as relief on the east side of the building (the
deck and the base) were not installed. According to the Building
Inspectors there are no prohibitions on installing the deck that extends
beyond the property line into an open space. This side of the building
lacks the required changes in relief.
Staff recommends that you consult with a design professional to assist you in coming
up with ideas for possible modifications that can bring the building into to compliance
with the design standards. There are a number of design professionals locally that have
successfully designed buildings in the Detail Site Review Zone.
Please feel free to contact me if you have any questions.
Thank you.
Ar
y
Assistant Planner
541-552-2044
amy.gunter@ashland.or. us
Enc. AMC 18.72
Zoning Permit Application
Community Development Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY:, 800/735-2900
ULI
www.ashland.or.us
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