HomeMy WebLinkAboutLithia_160_PA-2015-00374
CITY Of
ASHLAND
May 5, 2015
Notice of Final Decision
On May 5, 2015, the Community Development Director approved the request for the following:
Planning Action: 2015-00374
Subject Property: 160 Lithia Way
Applicant: Doug & Dionne Irvine (Irvine Industries)
Description: A request for a modification of a previous Site Review and Conditional Use Permit approval
(PA #2012-00740) which allowed construction of a new 13,800 square foot, three-story mixed-use building
on the vacant property located at 160 Lithia Way. The modification proposed is limited to enclosing six of
the site's seven parking spaces, which are located off of Will Dodge Way at the rear of the site and which
are intended to provide required parking for hotel guests. Roll-up coil doors will be installed to provide
added security for guest vehicles. These doors are proposed to remain open during typical business hours,
but would close at night and allow for restricted guest access with the entry of a key code. A required ADA-
accessible parking space would remain open at all times.
COMPREHENSIVE PLAN DESIGNATION: Downtown Commercial; ZONING: C-1-D; ASSESSOR'S MAP
: 391 E 09 BA; TAX LOT 10800
The Community Development Director's decision becomes final and is effective on the 12th day after the
Notice of Final Decision is mailed. Approval is valid for a period of 18 months 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) 18.5.1,050(F) and/or
file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). 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 p \
www.ashland.or.us
SECTION 18.5.1.050 Effective Date of Decision and Appeals.
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department 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.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the 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 days to affirm, modify, or reverse the
original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party
entitled to notice of the planning action.
4. 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.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.8.
c. Any other person who participated in the proceeding by submitting written comments on the application to the City
by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this
subsection. 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. If an appellant prevails at the hearing
or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall
contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal,
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. 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.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type'II public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 -197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.orms
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2015-00374
SUBJECT PROPERTY: 160 Lithia Way
APPLICANT: Doug & Dionne Irvine (Irvine Industries)
OWNER: Ashland Vine LLC
DESCRIPTION: A request for a modification of a previous Site Review and Conditional
Use Permit approval (PA #2012-00740) which allowed construction of a new 13,800 square foot, three-
story mixed-use building on the vacant property located at 160 Lithia Way. The modification proposed
is limited to enclosing six of the site's seven parking spaces, which are located off of Will Dodge Way at
the rear of the site and which are intended to provide required parking for hotel guests. Roll-up coil
doors will be installed to provide added security for guest vehicles. These doors are proposed to remain
open during typical business hours, but would close at night and allow for restricted guest access with
the entry of a key code. A required ADA-accessible parking space would remain open at all times. I
COMPREHENSIVE PLAN DESIGNATION: Downtown Commercial; ZONING: C-1-D;
ASSESSOR'S MAP 39 lE 09 BA; TAX LOT 10800
SUBMITTAL DATE: February 27, 2015
DEEMED COMPLETE DATE: March 25, 2015
STAFF APPROVAL DATE: May 5, 2015
DEADLINE TO APPEAL (4:30 p.m.): May 18, 2015
FINAL DECISION DATE: May 19, 2015
APPROVAL EXPIRATION DATE: May 19, 2016
DECISION
Planning Action #2012-00740, a request for Site Review approval to construct a new 13,800 square foot,
three-story mixed-use building in the vacant, private parking lot located at 160 Lithia Way,. was
approved by the Planning Commission in August of 2012. The approved building is to consist of
commercial restaurant space on the ground floor, five hotel units on the second floor, and five residential
apartments on the third floor. The approval also included requests for a Conditional Use Permit to
exceed 40 feet in. height in order to provide architectural relief in the fagade, an Exception to the Site
Design & Use Standards with regard to plaza space requirements, and a Tree Removal Permit to remove
ten trees greater than six-inches in diameter-at-breast-height. In July of 2013, an 18-month extension of
this approval was ministerially approved.
The current application request modification of the previous Site Review and Conditional Use Permit
approval originally granted under PA #2012-00740. The modification proposed is limited to enclosing
six of the site's seven parking spaces, which are located off of Will Dodge Way at the rear of the site,
and which are intended to provide required parking for hotel guests. Roll-up coil doors are proposed to C
be installed to provide added security for guest vehicles. These doors are proposed to remain open
during typical business hours, but are proposed to be closed at night to allow for restricted access by
guests only with the entry of a key code. The required ADA-accessible parking space would remain
open at all times.
The application explains that the enclosure is intended to provide added security for guest vehicles and
personal items contained therein. The number and purpose of the proposed parking spaces is not i'
proposed to change, as they will continue to be used by hotel guests and not by building residents, and
PA #2015-00374
160 Lithia Way/dds
Page 1
no alterations are proposed to the Conditional Use or Tree Removal Permits originally approved. Key
codes will be provided to guests with the doors to remain open during typical business hours but closed
at night with guest access via key code maintained. For staff, the sole concern with the proposal is that
restricting access to the spaces not result in parking difficulties for a conditional use where parking is at
a premium. A condition has accordingly been included below to require that the required parking shall
be available to hotel guests at all times, with the roll-up doors to remain open during typical business
hours and only closed at night when guest access shall be maintained by providing guests with key
codes.
In reviewing the proposal with other city departments, the Building Division has noted that while some
other national codes allow for the placement of the loading aisle for an ADA-accessible parking space to
be on either side of the vehicle, the applicable building codes is this case require that the aisle be on the
passenger side of the vehicle and will require that the parking configuration be altered accordingly. A
condition has been included below to require that adequate exhaust ventilation be provided and that the
requisite ADA-accessible parking space's loading aisle be placed on the passenger side of the parking
space as required by currently applicable building codes.
The Ashland Historic Commission reviewed the request at its regular meeting of April 8; 2015 and
recommended that the request be approved as submitted.
During the comment period, written comments were received on behalf of one neighboring business
indicating that it was imperative for neighboring businesses that the Will Dodge Way alley remain open
during and after construction as it is critical to the daily livelihood of surrounding businesses. The alley
is intended to remain open after construction, with required parking for the proposed hotel units
provided at the rear of the building and accessed solely via the alley. Staff do not believe that the alley
will be able to remain open during the full duration of construction given required utility installation
from the alley, however a condition has been added below to require that the applicants develop a
construction timing, staging and circulation plan to minimize impacts to nearby parking and circulation
to the greatest extent possible for the review and approval of the Staff Advisor and Public Works
Director prior to the issuance of a building permit.
The criteria for a Minor Modification are described in AMC Chapter 18.5.6.040 as follows:
C. Minor Modification Approval Criteria. A Minor Modification shall be approved only upon the approval
authority finding that all of the following criteria are met.
1. Minor Modification applications are subject to the same approval criteria used for the initial project
approval, except that the scope of review is limited to the modification request. For example, a
request to modify a commercial development's parking lot shall require Site Design Review only for
the proposed parking lot and any changes to associated access, circulation, etc. Notice shall be
provided in accordance with chapter 18.5.1.
2. A modification adding or altering a conditional use, or requiring a variance, administrative variance,
or exception may be deemed a Major Modification and/or may be subject to other ordinance
requirements.
3. The approval authority shall approve, deny, or approve with conditions the application, based on
written findings, except that conditions of approval do not apply, and findings are not required,
where the original approval was approved through a Ministerial review,
PA #2015-00374
160 Lithia Way/dds
Page 2
The criteria for Site Design Review are described in AMC Chapter 18.5.2.050 as follows:
A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part
18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor
area, lot coverage, building height, building orientation, architecture, and other applicable standards.
B. Overlay Zones; The proposal complies with applicable overlay zone requirements (part 18.3).
C. Site Development and Design Standards: The proposal complies with the applicable Site Development
and Design Standards of part 18.4, except as provided by subsection E, below.
D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and
that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to
and throughout the property and adequate transportation can and will be provided to the subject property.
The criteria for a Conditional Use Permit are described in AMC Chapter 18.5.4.050.A as follows:
A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following
criteria, or can be made to conform through the imposition of conditions.
1. 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.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to
and throughout the development, and adequate transportation can and' will be provided to the subject
property.
3. 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, pursuant with subsection
18.5.4.050.A.5, below. 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,
a. Similarity in scale, bulk, and coverage,
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass
transit use are considered beneficial regardless of capacity of facilities.
C, Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
g. Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this
ordinance.
5.. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of
this subsection, the target uses of each zone are as follows.
a. WR and RR. Residential use complying with all ordinance requirements, developed at the density
permitted by chapter 18.2.5 Standards for Residential Zones.
L R-1. Residential use complying with all ordinance requirements, developed at the density permitted
by chapter 18.2.5 Standards for Residential Zones.
C. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density
permitted by chapter 18.2.5 Standards for Residential Zones.
d. C4 . The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses,
developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and
within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all
ordinance requirements.
e. C-1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses,
PA #2015-00374
160 Lithia Way/dds
Page 3
developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance
requirements.
f. E-1. The general once uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at
an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the
Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance
requirements.
g. M-1. The general light industrial uses listed in chapter 1812 Base Zones and Allowed Uses,
complying with all ordinance requirements.
h. CM-C9. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at
an intensity of 0.50 gross floor to area ratio, complying with all ordinance requirements.
L CM-OE and CM-MU. The general office uses listed in chapter 18.3.2 Croman Mill District,
developed at an intensity of 0.60 gross floor to area, complying with all ordinance requirements. F;
k. CM-NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an
intensity of 0.60 gross floor to area ratio, complying with all ordinance requirements.
1. HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3.5.
North Mountain Neighborhood, and 18.3.6 Southern Oregon University District, respectively,
complying with all ordinance requirements.
The application .with the attached conditions complies with all applicable City ordinances. Planning
Action #2015-00374 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 #2015-
00374 is denied. The following are the conditions and they are attached to the approval:
1. That all proposals of the applicant shall be conditions of approval unless otherwise specifically
modified herein, including but not limited to the roll-up doors remaining open during typical
business hours and only being closed at night when guest access shall be maintained by
providing guests with a, key code. Required parking shall be available to hotel guests at all
times.
2. That all requirements of the previous land use approval (PA #2012-00740) shall remain in effect
unless otherwise specifically modified herein.
3. That the requirements of the Building Department, including but not limited to that adequate
exhaust ventilation shall be provided and that the requisite ADA-accessible parking space's aisle
shall be placed on the passenger side of the parking space as required by currently applicable
building codes shall be satisfactorily addressed prior to building permit issuance.
4. That the applicants develop a construction timing, staging and circulation plan to minimize
impacts to nearby parking and circulation to the greatest extent possible for the review and
approval of the Staff Advisor and Public Works Director prior to the issuance of a building
permit.
May 5, 2015
X11 Mon Dire to Date
epartment f Community Development
PA #2015-00374
160 Lithia Way/dds
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 May 5, 2015 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 #2015-00374, 160 Lithia Way.
&W f I
Sign' re of Employee
Documend 5/5/2015
PA-2015-00374391 E09BA 11200 PA-2015-00374391 E09 BA 11101 PA-2015-00374391 E09BA 70002
116'C' STREET INC 141 LITHIA WAY LLC 145 MAIN STREET LLC
1510 WOODLAND DRIVE PO BOX 1018 24 CROCKER ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00374391 E09BA 10800 PA-2015-00374391 E09BC 600 PA-2015-00374391 E09BA 10300
ASHLAND VINE LLC BANKE THEODORE H/LOIS E BROWN ERIK/NORTH JAMIE
2113 EMIGRANT CREEK RD 598 LIT WAY 15 FIRST ST N
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00374391 E09BC 700 PA-2015-00374391 E09BA 11100 PA-2015-00374391 E09BA 10103
CONNOLLY ALLEN EAST MAIN COMMERCIAL LLC ET AL FIRST PLACE PARTNERS LLC
142 MAIN ST E 515 E MAIN ST 815 ALDER CREEK DR I'
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97504
PA-2015-00374391 E09BA 10500 PA-2015-00374391 E09BA 11201 PA-2015-00374391 E09BA 10301
GARLAND GERALD G TRUSTEE HAMMOND FAMILY LLC KENNEDY KATHERINE M TRUSTEE
921 MOUNTAIN MEADOWS CIR 125 E MAIN ST ET AL
ASHLAND, OR 97520 ASHLAND, OR 97520 1 132 GREENWAY CIR
MEDFORD, OR 97504
PA-2015-00374391 E09BA 10600 PA-2015-00374391 E09BA 80011 PA-2015-00374391 E09BC 500
KEY BANK OF OREGON REMINGTON ENTERPRISES INC SCHWEIGER JOHN C TRUSTE FBO
183 MAIN ST E j 645 HOLLY ST 2200 ASHLAND ST
ASHLAND, OR 97520 ASHLAND, OR 97520 1 ASHLAND, OR 97520
PA-2015-00374391 E09BA 11400 ! PA-2015-00374391 E09BA 10900 PA-2015-00374391 E09BA 11300
SINGH SUKHDEV TEITELBAUM ALBERT TRUSTEE THOMPSON BRENT TRUSTEE ET AL
984 NEWCASTLE ST 2310 QUAIL POINT CIR P 0 BOX 201
MEDFORD, OR 97501 MEDFORD, OR 97504 ASHLAND, OR 97520
PA-2015-00374391 E09BC 200 PA-2015-00374391 E09BA 10400 PA-2015-00374
WILLIAMS FAMILY LLC YAMAOKA RONALD/CARRIE ! URBAN DEVELOPMENT SERVICES
6028 FERNHILL LP 2422 33RD AVE 485 W. NEVADA
SPRINGFIELD, OR 97478 SAN FRANCISCO, CA 94116 ASHLAND, OR 97520
PA-2015-00374 PA-2015-00374 PA-2015-00374
KISTLER, SMALL & WHITE LAURIE SAGER & ASSOCIATES 160 Lithia
545 A STREET 700 MISTLETOE RD SUITE 201 369P 5 N S 15'
ASHLAND, OR 97520 ASHLAND, OR 97520 j 24
PA-2015-00374
PAM HAMMOND
c/o PADDINGTON STATION
125 E. MAIN STREET
ASHLAND, OR 97520
TYPE I
51 Winburn Ways
C IT Y OF Ashland, OR 97520 TICE
ASHLAND
Date of Request:
Requestor's Name: {
Mailing Address:
City: _ State: Zip:
ADDITIONAL INFORMATION:
Date of Request:
Requestor's Name:
Mailing Address:
City: State: Zip:
ADDITIONAL INFORMATION:
Date of Request:
Requestor's Name:
Mailing Address:
City: State: Zip:
ADDITIONAL INFORMATION:
Zimbra https://zi,m:lli-a.ashland.or.us/Wprintmessage?id=1 16607& 1
Zimbra seversod@ashiand.or.us
160 i
r :Pam Hammond Thu, Apr 02, 2015 03:44 PM
<hammondpam@yahoo.com>
Subject :160 Lithia Way
To : Derek severson
<Derek.severson@ashland.or. us>
Cc : planning@ashland.or.us
Derek,
The management at Paddington Station would like to I
comment on the building construction at 160 Lithia
Way. It is imperative that the alley remain open
during and after construction. Many of the
businesses along Lithia Way and East Main use the
alley for daily business activities for the
livelihood and success of their businesses. It would
be a hardship if access to the alley was denied.
Thank you,
Pam Hammond
Co-owner Paddington Station
Sent from my iPad
I of 1 4/2/2015 3:49 PM
Planning Department, 51 Winburn Way, Ashland, Oregon 97520 , I T F
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
,
NOTICE OF APPLICATION
PLANNING ACTION: 2015-00374
SUBJECT PROPERTY: 160 Lithia Way
OWNER/APPLICANT: Doug & Dionne Irvine
DESCRIPTION: A request for a modification of a previous Site Review and Conditional Use Permit approval (PA #2012-
00740) which allowed construction of a new 13,800 square foot, three-story mixed-use building on the vacant property
located at 160 Lithia Way. The modification proposed is limited to enclosing six of the site's seven parking spaces, which
are located off of Will Dodge Way at the rear of the site and which are intended to provide required parking for hotel guests.
Roll-up coil doors will be installed to provide added security for guest vehicles. These doors are proposed to remain open
during typical business hours, but would close at night and allow for restricted guest access with the entry of a key code. A
required ADA-accessible parking space would remain open at all times. COMPREHENSIVE PLAN DESIGNATION:
Downtown Commercial; ZONING: C-1-D; ASSESSOR'S MAP : 39 1 E 09 BA; TAX LOT : 10800
NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday, April 8, 2015 at 6:00 PM in the
Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: March 25, 2015
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: April 8, 2015
PA #2015-00374 1160 LITHIA WAY
',SUB JECT PROPERTY
j
O~CF O $10 20 Feet v y na«.«=.«<.<.,=«~+v. n=.===+<mm
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. 0CX
MINOR MODIFICATIONS APPROVAL CRIT 'A
18.5.6.040
C. Minor Modification Approval Criteria. A Minor Modification shall be approved only upon the approval authority finding that all of the following
criteria are met.
1. Minor Modification applications are subject to the same approval criteria used for the initial project approval, except that the scope of
review is limited to the modification request. For example, a request to modify a commercial development's parking lot shall require Site
Design Review only for the proposed parking lot and any changes to associated access, circulation, etc. Notice shall be provided in
accordance with chapter 18.5.1.
2. A modification adding or altering a conditional use, or requiring a variance, administrative variance, or exception may be deemed a
Major Modification and/or may be subject to other ordinance requirements.
3. The approval authority shall approve, deny, or approve with conditions the application, based on written findings; except that conditions
of approval do not apply, and findings are not required, where the original approval was approved through a Ministerial review.
SITE DESIGN AND USE STANDARDS
18.5.2.050 Approval Criteria
The following criteria shall be used to approve or deny an application:
A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not
limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building
orientation, architecture, and other applicable standards.
B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3).
C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part
18.4, except as provided by subsection E, below.
D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of
City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate
transportation can and will be provided to the subject property,
CONDITIONAL USE PERMITS
18.5.4.050.A. Approval Criteria
A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to
conform through the imposition of conditions.
1. 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.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the
development, and adequate transportation can and will be provided to the subject property.
3. 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, pursuant with subsection 18.5.4.050.A.5, below. 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.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered
beneficial regardless of capacity of facilities,
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
g. Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target
uses of each zone are as follows,
a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 1825
Standards for Residential Zones.
b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards
for Residential Zones.
c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5
GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2015\PA-2015-00374.docx
r'
Standards for Residential Zone!
d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and hdowed Uses, developed at an intensity of 0.35
floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50
floor to area ratio, complying with all ordinance requirements.
e. C-1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of
1.00 gross floor to area ratio, complying with all ordinance requirements.
f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area
ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area
ratio, complying with all ordinance requirements,
g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance
requirements.
h. CM-C1. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50 gross floor
to area ratio, complying with all ordinance requirements.
i. CM-OE and CM-MU. The general office uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross
floor to area, complying with all ordinance requirements,
k. CM-NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to
area ratio, complying with all ordinance requirements.
1. HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3.5 North Mountain Neighborhood, and
18.3.6 Southern Oregon University District, respectively, complying with all ordinance requirements.
G:\comm-dev\planning\Planning Actions\Noticing Folder\Mailed Notices & Signs\2015\PA-20 1 5-003 74.docx
AFFIDAVIT OF MAILING
i
I.
f'
STATE OF OREGON )
County of Jackson )
is
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 March 25, 2015 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 #2015-00374, 160 Lithia Way.
Sig ure of Employee
DocumenQ 312512015
PA-2015-00374391 E09BA 11200 PA-2015-00374391 E09BA 11101 PA-2015-00374391 E09BA 70002
116'C' STREET INC 141 LITHIA WAY LLC i 145 MAIN STREET LLC
1510 WOODLAND DRIVE PO BOX 1018 j j 24 CROCKER ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00374391 EO BA 10800 PA-2015-00374391 E09BC 600 PA-2015-00374391 E09BA 10300
ASHLAND VINE LLC•6i BANKE THEODORE H/LOTS E BROWN ERIK/NORTH JAMIE
2113 EMIGRANT CREEK RD 598 LIT WAY 15 FIRST ST N
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00374391 E09BC 700 PA-2015-00374391 E09BA 11100 PA-2015-00374391 E09BA 10103
CONNOLLY ALLEN ! EAST MAIN COMMERCIAL LLC ET AL FIRST PLACE PARTNERS LLC
142 MAIN ST E 515 E MAIN ST 815 ALDER CREEK DR
ASHLAND, OR 97520 j ASHLAND, OR 97520 j MEDFORD, OR 97504
PA-2015-00374391 E09BA 10500 PA-2015-00374391 E09BA 11201 PA-2015-00374391 E09BA 10301
GARLAND GERALD G TRUSTEE HAMMOND FAMILY LLC KENNEDY KATHERINE M TRUSTEE
921 MOUNTAIN MEADOWS CIR 1125 E MAIN ST 132 GREENWAY CIR
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97504
j PA-2015-00374391 E09BA 10600 PA-2015-00374391 E09BA 80011 PA-2015-00374391 E09BC 500
KEY BANK OF OREGON REMINGTON ENTERPRISES INC SCHWEIGER JOHN C TRUSTE FBO
183 MAIN ST E 645 HOLLY ST 2200 ASHLAND ST
ASHLAND, OR 97520 ! ASHLAND, OR 97520 ! ASHLAND, OR 97520
PA-2015-00374391 E09BA 11400 PA-2015-00374391 E09BA 10900 PA-2015-00374391 E09BA 11300
SINGH SUKHDEV TEITELBAUM ALBERT TRUSTEE THOMPSON BRENT TRUSTEE ET AL
984 NEWCASTLE ST 2310 QUAIL POINT CIR P 0 BOX 201
MEDFORD, OR 97501 MEDFORD, OR 97504 ASHLAND, OR 97520
PA-2015-00374391 E09BC 200 PA-2015-00374391 E09BA 10400 PA-2015-00374
j WILLIAMS FAMILY LLC YAMAOKA RONALD/CARRIE URBAN DEVELOPMENT SERVICES
6028 FERNHILL LP 2422 33RD AVE 485 W. NEVADA
SPRINGFIELD, OR 97478 j SAN FRANCISCO, CA 94116 ASHLAND, OR 97520
PA-2015-00374 PA-2015-00374
KISTLER, SMALL & WHITE LAURIE SAGER & ASSOCIATES
545 A STREET I 700 MISTLETOE RD SUITE 201
ASHLAND, OR 97520 ! ASHLAND, OR 97520
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I. PROJECT INFORMATION:
PLANNING ACTION: The applicants are requesting a modification to the approved
Site Review and Conditional Use Permit, Planning Action 2012-00740, an approval for a
13,800 square foot, three-story mixed-use building with commercial space on the ground
floor (restaurant), five hotel units on the second floor and five residential apartments on
the third floor. The applicants now propose to enclose six of the site's seven parking
spaces located off Will Dodge Way. The subject property is located at 160 Lithia Way.
ADDRESS & LEGAL DESCRIPTION: 160 Lithia Way, 391E 09BA Tax Lot 10800
OWNERS: ARCHITECTS:
Doug & Dionne Irvine Kistler, Small & White
Irvine Industries 545 "A" Street
2113 Emigrant Creek Road Ashland, OR 97520 I
Ashland, OR 97520 541.488.8200
i
LAND USE PLANNING: PROJECT ARBORIST:
Urban Development Services, LLC Laurie Sager & Associates
485 W. Nevada Street 700 Mistletoe Road, Suite 201
Ashland, OR 97520 Ashland, OR 97520
541.821.3752 541.482.5009
is
COMPREHENSIVE PLAN DESIGNATION:
Downtown
ZONING DESIGNATION:
C-1-D
LOT AREA:
C
Total Area: 7,000 square feet
RESIDENTIAL DENSITY:
Permitted:.16 acres X 60 units per acre = 9.6 units i.
Proposed Residential Density: 5 residential condominium apartments
BUILDING DATA:
First Floor: 4,640 sq. ft. (3,116 commercial/retail & 1,476 sq. ft. parking)
Second Floor: 5,092 square feet
Third Floor: 5,092 square feet
PARKING:
Required: One (1) parking space per "hotel" unit plus one for Manager,
otherwise parking is not required in C-1-D zone
Proposed: Seven (7): One per hotel unit (5), one for Manager, one Handicap
1
II. PROJECT DESCRIPTION:
The applicants, Doug and Dionne Irvine, local Ashland residents, are requesting approval
to modify Planning Action 2012-00740, an approval for a 13,800 square foot, three-story
mixed-use building with commercial space on the ground floor (restaurant), five hotel
units on the second floor and five residential apartments on the third floor. The applicants
now propose to enclose six of the site's seven parking spaces located off Will Dodge
Way as the design showed the second and third story building cantilevered over the
subject parking area. The project's handicap space will remain open for added
maneuverability.
The purpose of the enclosure is intended to add security for guest vehicles personal items
where as the spaces originally designed to be left open. Unfortunately, after considerable
debate and discussions with City staff, it was felt the added security was important in
order to move forward with the development.
The number and purpose of parking spaces have not changed as they will continue to be
used by the hotel's guests and not by the building's residences. Key codes will be granted
to the guests and the doors are likely to remain open during the typical business hours,
but close at night.
Other than the parking area's enclosure as described above, no other modifications are
proposed with this application that would deviate from the original approval. In this
regard, the Conditional Use Permit for the hotel and the Tree Removal Permit to remove
the site's trees are to remain as approved by Planning Action 2012-00740.
III. FINDINGS OF FACT:
The following information has been provided by the applicants to help the Planning Staff,
Planning Commission and neighbors better understand the proposed project.
Based on the applicant's understanding of the Ashland Municipal Code (AMC), Section
18.5.6.040, the applicant's request to enclose the parking area for the building approved
under Planning Action 2012-00740 is subject to the criteria for a Minor Modification
which have been included below and responded to in outline form. Further, Findings of
Fact have also been provided to ensure the proposed project meets the Site Design & Use
Standards criteria as outlined in AMC, Section 18.5.2.50; Conditional Use Permit criteria
as outlined in AMC, Section 18.5.4.050; and the Tree Removal Permit criteria noted in
AMC 18.5.7.040 in order to ensure the application conforms to the expectations of the
municipal code.
For clarity reasons, th& following documentation has been formatted in "outline " form
with the City's approval criteria noted in BOLD font and the applicant's response in
regular font. Also, there are a number of responses that are, repealed in order to ensure
that the findings of fact are complete.
2
18.5.6.040 Approval Criteria - Minor Modifications
A. Authorization of Minor Modifications.
1. A Minor Modification is a change to an approved plan or condition of approval
that does not meet any of the thresholds for a Major Modification listed in section
18.5.6.030.A. For minor amendments to partitions and subdivisions, see also,
subsection 18.5.3.020.G.
2. The Staff Advisor through a Ministerial or Type I procedure, depending on
whether the proposal involves the exercise of discretion, shall review proposals for
Minor Modifications.
It is the applicants' opinion the request is not a Major Modification as those items listed
under AMC 18.5.6.030 A. However, the applicants are aware the Staff Advisor may
determine otherwise and has included additional findings of fact to ensure the applicable
criteria have been fully responded to.
B. Minor Modification Applications. In requesting a Minor Modification, the
applicant shall submit an application form, filing fee, a letter describing the
modification, and a site plan using the same plan format as in the original approval.
The approval authority may require other relevant information, as necessary, in
evaluating the request.
With the submittal of the Findings of Fact herein, the applicants will have filed the
necessary forms, submitted the necessary filing fee, and included a narrative describing
the proposal and submitted elevations and a site plan consistent with the original
submittals to ensure completeness.
C. Minor Modification Approval Criteria. A Minor Modification shall be approved
only upon the approval authority finding that all of the following criteria are met.
1. Minor Modification applications are subject to the same approval criteria used
for the initial project approval, except that the scope of review is limited to the
modification request. For example, a request to modify a commercial development's
parking lot shall require Site Design Review only for the proposed parking lot and
any changes to associated access, circulation, etc. Notice shall be provided in
accordance with chapter 18.5.1.
Beginning on Page #3 of this document, Findings of Fact has been included that address
the original application's approval criteria, which include a Site Review Permit,
Conditional Use Permit and a Tree Removal Permit.
2. A modification adding or altering a conditional use, or requiring a variance,
administrative variance, or exception may be deemed a Major Modification and/or
may be subject to other ordinance requirements.
3
As noted, it is the applicants' opinion the request is not a Major Modification nor is
modifying the use or operations of the approved hotel, a Conditional Use. However, the
applicants are aware the Staff Advisor may determine otherwise and has included
additional findings of fact to ensure the applicable criteria have been fully responded to.
3. The approval authority shall approve, deny, or approve with conditions the
application, based on written findings; except that conditions of approval do not
apply, and findings are not required, where the original approval was approved
through a Ministerial review.
i
The applicants are aware the approval authority will approve, deny, or approve with
conditions. The applicants' contend all previous conditions of Planning Action 2012-
00740 are adequate and address all standards, policies and codes of the City.
Additional Findings
18.5.2.050 Approval Criteria - Site Review Permit
An application for Site Design Review shall be approved if the proposal meets the
criteria in subsections A, B, C, and D below. The approval authority may, in
approving the application, impose conditions of approval, consistent with the
applicable criteria.
A. Underlying Zone. The proposal complies with all of the applicable provisions of
the underlying zone (part 18.2), including but not limited to: building and yard
setbacks, lot area and dimensions, density and floor area, lot coverage, building
height, building orientation, architecture, and other applicable standards.
r
The proposed building, including the proposed garage enclosure, comply with all of the
applicable provisions of the underlying zone (part 18.2), including but not limited to:
building and yard setbacks, lot area and dimensions, density and floor area, lot coverage,
building height, building orientation, architecture, and other applicable standards.
B. Overlay Zones. The proposal complies with applicable overlay zone requirements c
(part 18.3).
The proposed buildings, including the proposed garage enclosure, comply with all
overlay zoning provisions noted in AMC 18.3.
C. Site Development and Design Standards. The proposal complies with the
applicable Site Development and Design Standards of part 18.4, except as provided
by subsection E, below.
The proposed garage enclosure at the rear of the building, adjacent to Will Dodge Way,
complies with the applicable Site Development and Design Standards.
i
i
C
4
D. City Facilities. The proposal complies with the applicable standards in section
18.4.6 Public Facilities, and that adequate capacity of City facilities for water, sewer,
electricity, urban storm drainage, paved access to and throughout the property, and
adequate transportation can and will be provided to the subject property.
There are no changes proposed due to the building modification. All utilities associated
with the development of this property will either be directed towards Lithia Way or via
the alley. Adequate public facilities are available within the adjacent rights-of-way. The
applicants have worked with the various utility companies to ensure both existing and
proposed utilities are available to provide the necessary services. At no time has there
been any indication by these service providers that services will be unavailable or exceed
capacity.
E. Exception to the Site Development and Design Standards. The approval authority
may approve exceptions to the Site Development and Design Standards of part 18.4
if the circumstances in either subsection 1 or 2, below, are found to exist.
1. There is a demonstrable difficulty meeting the specific requirements of the Site
Development and Design Standards due to a unique or unusual aspect of an
existing structure or the proposed use of a site; and approval of the exception will
not substantially negatively impact adjacent properties; and approval of the
exception is consistent with the stated purpose of the Site Development and
Design; and the exception requested is the minimum which would alleviate the
difficulty.; or
I
2. There is no demonstrable difficulty in meeting the specific requirements, but
granting the exception will result in a design that equally or better achieves the
stated purpose of the Site Development and Design Standards.
No Exceptions are proposed.
18.5.4.050 Approval Criteria - Conditional Use Permit
A. Approval Criteria. A Conditional Use Permit shall be granted if the approval
authority finds that the application meets all of the following criteria, or can be
made to conform through the imposition of conditions.
Other than the enclosure as described, no other physical changes will occur to the
building. The hotel's guests will continue to park in the prescribed locations, but will
require a pass key during evening hours.
1. 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.
5
The proposed hotel will remain 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, as originally described under PA-2012-00740.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm
drainage, paved access to and throughout the development, and adequate
transportation can and will be provided to the subject property.
The garage's enclosure has no bearing on the site's utilities, but there is adequate
capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access
to and throughout the development, and adequate transportation can and will be provided
to the subject property.
3. 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, pursuant with subsection 18.5.4.050.A.5, below.
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.
The proposed garage enclosure simply encloses a planned parking area that was intended
to be under the footprint of the floors above it, but open along the alley's side. That said,
the qualifying factors for the area's livability, listed above in items a. through g., are met
and further addressed below.
a. Similarity in scale, bulk, and coverage. The enclosed parking area along the rear of
the building, abutting Will Dodge Way, a public alley, does not alter the building's
scale, bulls or coverage as the enclosure does not increase the building's mass or
coverage beyond what the design already produces or is different than most of the
building volumes and footprints within the area.
b. 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 parking area enclosure will not have any effect of traffic on nearby
streets as the modification simply encloses previously approved parking spaces.
c. Architectural compatibility with the impact area. The impact area along Will
Dodge Way has similar facades with garage doors fronting along its edge. Further, the
Downtown Design Standards make it clear rear facades along alleys are expected to
have less architectural creativity, however, the design team contests the alley's "street
presence" will be improved with the addition of the doors vs. an open garage with cars,
storage, miscellaneous signs, oil stained parking spaces, etc.
6
d. Air quality, including the generation of dust, odors, or other environmental
pollutants. The enclosure of the subject parking spaces will not generate any additional
dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare. The enclosed parking area will not generate
any additional noise, light or glare.
f. The development of adjacent properties as envisioned in the Comprehensive
Plan. The surrounding properties have been developed as envisioned in the
Comprehensive Plan as this specific parcel is the last remaining vacant parcel in this
block of Downtown Ashland. The enclosed parking area has no effect on the
Comprehensive Plan or the Downtown Ashland Plan.
g. Other factors found to be relevant by the approval authority for review of the
proposed use. To the best of the applicant's ability to assess the various possibilities,
the applicants believe there should not be any relevant issues found that would warrant
concern of the parking area being enclosed.
4. A conditional use permit shall not allow a use that is prohibited or one that is not
permitted pursuant to this ordinance.
The proposal is for a modification of the previously approved building design which will
accommodate a hotel, a permitted use within the C-I-D zone, subject to a Conditional
Use Permit being obtained.
5. For the purposes of reviewing conditional use permit applications for conformity
with the approval criteria of this subsection, the target uses of each zone are as
follows.
e. C-1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones
and Allowed Uses, developed at an intensity of 1.00 gross floor to area ratio,
complying with all ordinance requirements.
The proposed modification request is to simply enclose a six-space parking area at the
rear of the building. A portion of the building will be used as a hotel and the other portion
five residential units. In this regard, the use of the building will remain in conformance
with the zone's target use.
18.5.7.040 Criteria for Issuance of a Tree Removal Permit
Tree that is Not a Hazard: A Tree Removal Permit for a tree that is not a hazard
shall be granted if the approval authority finds that the application meets all of the
following criteria, or can be made to conform through the imposition of conditions.
a. The tree is proposed for removal in order to permit the application to be
consistent with other applicable Land Use Ordinance requirements and standards,
7
including but not limited to applicable Site Development and Design Standards in
part 18.4 and Physical and Environmental Constraints in part 18.3.10.
The subject parking area enclosure has no impact to the site's trees as the building's
footprint, approved under Planning Action 2012-00740, is causing the trees' removal
which is to be removed in order to permit the application to be consistent with other
applicable Ashland Land Use Ordinance requirements and standards, mainly those listed
under the Site Design and Use Standards. Nevertheless, the site's trees were evaluated for
their retention by both the project Architect and Arborist, but due to the general nature of
construction, close proximity and the intent of the City's Downtown Design Standards to
provide "main street" street facades, similar to those found within the Plaza, the trees are
proposed to be removed, but mitigated if required with off-site planting.
b. Removal of the tree will not have a significant negative impact on erosion, soil
stability, flow of surface waters, protection of adjacent trees, or existing windbreaks.
The removal of the trees will not have a significant negative impact on the site's erosion,
soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks
as the property will be built upon and landscaped with vegetation that is comprehensively
designed as part of the building.
c. Removal of the tree will not have a significant negative impact on the tree
densities, sizes, canopies, and species diversity within 200 feet of the subject
property. The City shall grant an exception to this criterion when alternatives to the
tree removal have been considered and no reasonable alternative exists to allow the
property to be used as permitted in the zone.
The removal of the trees will not have a significant negative impact on the tree densities,
sizes, canopies and species within 200 feet of the property as they are not natural trees
and were planted as parking lot shade trees.
d. Nothing in this section shall require that the residential density to be reduced
below the permitted density allowed by the zone. In making this determination, the
City may consider
In the applicants opinion and based on the City's various development standards, there is
no reasonable alternative that exists to retain the subject trees and allow the property to j
be used as permitted in the C-1-D zone. The trees are parking lot trees and were
specifically planted for that purpose.
8
J PROJECT INFORMATION
THE VINE jt r` f 1%
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ASHLAND, OREGON 97520 rr % 't ~f f 552ASIREELSUiiel
ASHLAND, OR
ASSESSOR'S MAP 391E0913A,TL10800 @TSSo
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AGENT INFORMATION
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MARKKNOX .Z
o. URBAN DEVF.LOPIAENTSERVICE, LLC
$ ASHLAND, OREGON 97501
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ZONING INFORMATION
ZONING MAP DESIGNATION: 01-D (DOWNTOWN)
AREA OF LOT: 7000 sf (.16 ACRE) SIX CAR GARAGE
3 - -
(E) PROPOSED USES (E)ELECTTRSFRTO L4I ELEGTRATfiSFR RELOCAIEDCOYSTREETLOIT aaLARO (E)EIEOTRIC
PERMITTED USE COMMERCIAL BEREPULCED-SEE TELEPNONEArAT/ D'ETBFYLOCATIOIIW/CmFHGIIIEEI811Gf• (E)EIECTRN;PUII YRAIISFONlEAS
'a SPECIAL PERMITTED USE RESIDENTIAL ELFCTOWGS PEDESTALSTORELWN PROVIDEFOOTBPo PER CITYSTDB, BOXAVAULT 00 C AR~
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CONDITIONAL USE HOTEL - - " " ` '4~ 1llU0 d IJiEtN
_ WILL D0 CE WAY
RESIDENTIAL DENSITY
PERMITTED 9 UNITS y
1Y 48.19 - EL. 19o-a - Igry'O~,
zz BUILDING AREA OF
~ N cm sTSEtKnnMU+_ . { /
COMMERCIAL 3,616 sf q 1'• }m E ) / f` / r :r ,r` j~ j~r, 6 0~~
j~ 151 FLOOR I ,CO;W,7tETEP 10 f / f
4 v GEJRIF . a plc y
EL+IEo-xsa brvAUlo;RW c uatSEE
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PARKING 14~ 78 sf r ~ t;llt . - ;r [6 E rr / f{
" LOOR 5,092sf ,~rr f, screA~ /!p sFa f/t% /r/ /
n HOTEL•5UNITS(C,U,P,) 5,002sf i r //,t i ?k ! !/r / //Jrt/
3fd FLOOR r ' " j,t of ~ ~ ' ~I ' I • O - '-21N0 tti'Da9 % r r,/f~ / r r rrtr ,l
r APARTIAEN75.5UNITS 5092sf lr P sNDYraLL / r rr W
'SOY !r. rt rfr I .~I~II •i jrf //f~irr / f`r/,
} TOTAL AREA (GROSS) 16.276si / r/!'r~ r ~£{j,. IF, ,5\ - ! ~,~j,v/ •11 !r/!~` f'~~ f//! Z
P GROUND FLOOR USEAREAS r,
PERMITTED USE 3,331 st 65,4%
SPECIAL PERMITIEDUSE 1,762Sf 34.6q/`{/r fi/ ft / 't 1j` yA ' \ 2 Q II,~ Ty~t ` Q
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Planning Division ZONING PERMIT APPLICATION
( - `I 51 Winburn Way, Ashland OR 97520
C I T Y OF 541-488-5305 Fax 541-488-6006 FILE -
ASHLAND
i
_c
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO
Street Address
Assessor's Map No. 39 1 E Tax Lot(s)
Zoning ~ Comp Plan Designation ~ APPLICANT
Name Phone -E-Mail
Address City Zip
PROPERTY OWNER
Name Phone E-Mail
Address City Zip
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT OTHER
Title Name Phone E-Mail
Address
City Zip
Title Name Phone E-Mail
Address City Zip
1 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. 1 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. 1 further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that l produced sufficient factual evidence at the hearing to support this request
2) that the findings of fact furnished 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"properly located on the ground.
Failure in this regarid wifl 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 douir( /am advised to seek competent professional advice and assistance.
Applicant'sSignature Date
A owner of thepropetty involved in this request, 1 have read and understood the complete application and its consequences to me as a property
owner.
Property Owner's Signature (required) Date
Fro be wmpleled by City Staff)
Date Received ~ Zoning Permit Type Filing Fee $ OVER
G:kommdev\planningTo=& Haodouls\Zoning Pemut Applic tion.dm
Job Address: 160 LITHIA Contractor:
ASHLAND OR 97520 Address:
C
P Owner's Name: DRRAM LP DRR ASSET MGMT INC 0 Phone:
N State Lie No:
P Customer 02768
L IRVINE DOUGLAS R/DIONNE R T City Lie No:
' Applicant: R
Address: A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 02/27/2015
T Issued:
Expires: 08/26/2015 Phone:
State Lie No:
Maplot: 391 E09BA10800 City Lie No:
DESCRIPTION: Modification tothe approved site review and CUP for planning action 12-740
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
Commercial Site Review (type1) 1,012.00
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 ® F