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HomeMy WebLinkAboutSiskiyou_2500_PA-T1-2018-00021 0 , r , a,,nq r ,.;r '.1 1i I~~y. / I+t, ~ d ~w'a14`~i,^ ~ m v -/t 4 qi, s ♦ ~ 1 K iew l`~A r r tr r - r itT = L r t L yA n ~ y 1 yy N a~ ~4\}411 :1~F ~t {t bL L : 3 a 11 a 7 Rol r- rF r : L ~ i 1~~'yyyy~~~ppy f P s ~ f v t a Ty, t t ~ .T~^-`• ~ -r4 k i [~~~~n ~ ~1 ' ry ~ Ir ~i~'I i J i I~, r~r ~ ~ fi r a"i - s In y I 42. h m y u Y 1 T v. , CITY OF -ASHLAND August 30, 2018 Notice of Final Decision On August 30, 2018, the Community Development Director approved the request for the following: Planning Action: PA-T1-2018-00021 Subject Property: 2500 Siskiyou Blvd. Applicant: Mark and Peggy Severson Description: A request for a Conditional Use Permit to operate a three-unit (including owner's unit) Traveler's Accommodation located at 2500 Siskiyou Blvd. COMPREHENSIVE PLAN DESIGNATION: High Density Residential; ZONING: R-3; ASSESSOR'S MAP: 39 IE 14CA; TAX LOT: 8000. The Community Development Director's decision becomes final and is effective on the 12t1i 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 Fotini Kaufman in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 1l'It'Lt',aSllIflIlCL,pC.i1S ~ ~~5 f 1' SUCTION 185.1.050 Type 1 Proced€ii-c (Adiziinistr•ative Decision with Notice) 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 tine 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 natter. 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: I . 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.B. 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 18.5.1.050.6.1, 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 tine 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 tine 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 our 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 tip 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 our appeals of Type I decisions follow the Type Il 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 all 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 J i ASHLAND PLANNING-DEPARTMENT Ii INR NGS & ORDERS PLANNING ACTION: PA-T1-2018-00021 SUBJECT PROPERTY: 2300 Siskiyou Blvd, APPLICANT/OWNER: Mark and Peggy Severson DESCRIPTION: A request for a Conditional Use Permit-to operate a three-unit (including owner's -unit) Traveler's Accommodation located at 2500 Siskiyou Blvd. COMPRE FNSIVE PLAN DESIGNATION: High Density Residential;- ZONING: R-3; ASSESSOR'S MAP: 39 IE 14CA; TAX LOT: 8000 SUBMITTAL DATE: July 17, 2018 DEEMED COMPLETE DATE: July 31, 2018 STAFF APPROVAL DATE: August 30, 2018 DEADLINE TO APPEAL (4:30 p.m.): September 11, 2018 FINAL DECISION DATE: September 12, 2018 ApPROVAi EXPIRATION DATE: March 12, 2019 DECISION Subject Property The subject property.is located on the south side of Siskiyou Boulevard on the southeast corner of Siskiyou and Tolman Creek. It is across the street from Bellview Elementary School. The surrounding neighborhood is comprised- of single-family homes, multi-family developments, and commercial properties. The subject property is zoned High-Density, Multi-Family Residential (R-3); The zoning to the north of the..-subject property is Employment (E-1) and Single-Family Residential (R-1-5). The property to the east is R-3 and city limits. Low-Density Multi-Family (R-2), R-3, and Single-Family Residential (R-.1-7.5) zoning are to the west. R-1-7.5 zoning is to the South. The subject property is 0.23 acres. The lot is-a corner lot with frontage on both Tolman Creek and Siskiyou. The site is occupied by a 1703 square-foot residence built in 1937. The portion proposed to be used as a traveler's accommodation was once used as-a Grocery Store. The exterior of the residence is not proposed to be changed. The request is to convert this area of the residence into-two Traveler's Accommodations-and add about 800 square-feet of habitable space. This area of the home has been used as storage and a workshop since the Grocery Store usage dissolved. A Conditional'Use Permit is requested to operate the Traveler's Accommodation on-site. Conditional Ilse Permit The application is required- tornect the special use standards for-a- Travelers' Accommodation in AMC 18.2:3. /_0 and the approval criteria for a Conditional Use Permit in AMC 18.5.4.050. A Travelers' Acconunodation is ati allowed use in the R-3 zone if it meets the Special Use Standards. That criteria requires that the property is located within 200 feet of a boulevard, avenue or neighborhood collector. This is met; the property is on Siskiyou Boulevard. The property on which the Travelers' Accommodation is sited must be the primary residence of the business owner. The application has PA-T l -20 1 8-0002 1 2500 Siskiyou Blvd/fk Page 1 indicated that this will be the case and that the applicants reside in the home. The primary residence must be at least 20 years old. As indicated by Jackson County survey, the home was built in 1937. The allowed number of units is determined by dividing the total square footage of the lot by 1,800 square-feet. This property would allow a total of 5 units. The applicant has proposed only a total of three units (two guest units and the business owner's unit). Each unit must have 400 square-fect of gross interior floor space - Unit l has 402 square-feet, which includes the use of the pool house, and Unit 2 has 423 square-feet. The applicant's proposal to operate two guest-unit Travelers' Accommodations requires a total of four parking spaces. Two for the guest-runts and two for the primary dwelling unit are required. To meet the requirement for the Travelers' Accommodations parking spaces, the applicant shows two parking spaces provided on the driveway from Siskiyou Boulevard and two spaces provided on the driveway off of Tolman Creek. The applicant is required to provide four bicycle parking spaces. Spaces have not been identified and will need to be installed before issuance of business license. The applicant has indicated that they meet the criteria for a Conditional Use Permit. The proposed use is in conformance with the zoning district. The targeted use of an equivalent property in the R-3 zone would be the equivalent of three dwelling units. The proposed use is unlikely to generate more traffic than three frill time residences. The proposed Traveler's Accommodation are similar in number of vehicle trips. The site's location near the transit triangle, bus route, shopping and retail on Ashland Street allows for pedestrian and bicycling to nearby amenities. The Traveler's Accommodation will not affect the development of adjacent properties. The application complies with all of the applicable provisions of the R-3 zoning district, the Special Use Standards AMC 18.2.3.220 and the Conditional Use Permit approval criteria AMC 18.5.4.050. The property is currently served by adequate City facilities for water, sewer, storm drainage and electricity. In staff's assessment, the proposal will not have a greater adverse material impact on the impact area in terms of architectural compatibility, air duality, and generation of traffic, noise, light and glare and the development of adjacent properties than the prior use of the property, or the target use allowable within the zone. The applicants have submitted materials to the Planning Department that demonstrate compliance with these approval standards. The approval criteria for a Travelers' Accommodation are detailed in AMC 18.2.3.220 as follows: Where travelers' accommodations and accessory travelers' accommodations are allowed, they require a Conditional Permit under chapter 18.5.1, are subject to Site Design Review under chapter 18.5.2, and shall meet the following requirements. See definitions of travelers' accommodation and accessory travelers' accommodation in part 18-6. A. Travelers' Accommodations and Accessory Travelers' Accommodations. Travelers' accommodations and accessory travelers' accommodations shall meet all of the following requirements. 1. An accommodation must meet all applicable building, fire, and related safety codes at all times and must be inspected by the Fire Department before occupancy following approval of a Conditional Use Permit and periodically thereafter pursuant to AMC 15.28. 2. The business-owner of a travelers' accommodation or the property owner of an accessory travelers' accommodation must maintain a City business license and pay all transient occupancy tax in accordance PA-TI-2018-00021 2500 5iskiyoti Blvd/fk Page 2 r r with AMC 4.24 and AMC 6.04 as required. 3. Advertising for an accommodation must include the City planning action number assigned to the land use approval. 4. Offering the availability of residential property for use as an accommodation without a valid Conditional Use Permit approval, current business license and transient occupancy tax registration is prohibited and shall be subject to enforcement procedures. B. Travelers' Accommodations. In addition to the standards described above in section 18.23.220.A, travelers' accommodations shall meet all of the following requirements. 1. The property is located within 200 feet of a boulevard, avenue, or neighborhood collector as identified on the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. 2. During operation of a travelers' accommodation, the property on which the travelers' accommodation is sited must be the primary residence of the business-owner. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement must specifically state that the property owner is not involved in the day-to-day operation or financial management of the accommodation and that the business-owner has actual ownership of the business and is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. 3. The primary residence on the site must be at least 20 years old. The primary residence may be altered and adapted for travelers' accommodation use, including expansion of floor area, Additional structures may be allowed to accommodate additional units, but must be in conformance with all setback and lot coverage standards of the underlying zone, 4. The number of travelers' accommodation units allowed shall be determined by the following criteria. a. The total number of units, including the business-owner's unit, shall be determined by dividing the total square footage of the lot by 1,800 square feet. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed nine per approved traveler's accommodation with primary lot frontage on boulevard streets. For travelers' accommodation without primary lot frontage on a designated boulevard, but within 200 feet of a boulevard, avenue, or neighborhood collector street, the maximum number of units shall be seven. Street designations shall be as determined by the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line, b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 square feet of gross interior floor space remaining per unit. 5. Each accommodation must have one off-street parking space and the business-owner's unit must have two parking spaces. All parking spaces shall be in conformance with chapter 18.4.3. 6. Only one ground or wall sign, constructed of a non-plastic material, non-Interior illuminated, and a maximum of six square feet total surface area is allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation in accordance with subsection 18.4.4.050.C.1. 7. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 8. Transfer of business-ownership of a travelers' accommodation shall be subject to all requirements of this section and conform with the criteria of this section. Any further modifications beyond the existing approval shall be in conformance with all requirements of this section. PA-T1-2018-00021 2500 Siskiyou Blvd/.k Page 3 r A Conditional Use Permit shall be granted if the approval authority finds that the application ineets 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. 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 1825 Standards for Residential Zones, d. C-1. 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, 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 183.2 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 PA-TI-2018-00021 2500 siskiyou Blvd/tk Page 4 Y requirements. In staff's assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria. Planning Action #TI-2018-00021 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 #T1- 2018-00021 is denied. The following are the conditions and they are attached to the approval: 1) That the Travelers' Accormnodation shall meet all applicable building, fire, and related safety codes at all times, and shall be inspected by the fire Department before conunencing operations and periodically thereafter pursuant to AMC 15.28. 2) That an annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 3) That the applicants shall obtain and maintain a city business license and register for and pay all transient occupancy tax as required in AMC 4.24 and AMC 6.04 prior to the operation of the Travelers' Accommodation. 4) That only one wall or ground sign is pern-titted on site in conjunction with the Traveler's Accommodation. The sign shall be constructed out of a non-plastic material, shall not be internally illuminated, and shall have a rnaxirnum sign area of six square feet and a maximum overall height of five feet. Any exterior illumination shall not direct light on to any adjacent residential uses. A sign permit demonstrating compliance with these conditions and with the regulations in the Ashland Municipal Code section 18.2.3.2201 and chapter 18.4.7 shall be obtained prior to the placement of any signage on the property. 5) That the subject property shall remain the primary residence of the applicants as business-owners, and evidence of primary residence (i.e. valid Oregon Drivers Licenses or Identification Card reflecting this address) shall be provided for the review of the Staff Advisor prior to the issuance of a business license as required in AMC section 18.2.3.220.A. 6) That any advertisement for the Travelers' Accommodation unit must include the City of Ashland Planning Action number assigned to this city land use approval. 7) That a transfer of business-ownership of the Travelers' Accornniodation shall be subject to all requirements of this section and conform to the criteria of this section. If any changes raider a transfer of business-ownership do not comply with the Land Use Ordinance, a new Conditional Use Permit and/or other planning actions may be required as determined by Planning Staff. 8) That prior to the issuance of the business license: a) The inverted a-racks shall be installed to accornniodate 4 bike parking spaces or sufficient indoor storage for bikes shall be provided. All bicycle parking shall be installed in accordance with design and rack standards in 18.4.3.070.1 and J prior to the issuance of the certificate of occupancy. The building permit submittals shall verify that the bicycle parking spacing and coverage requirements are met in accordance with 18.4.3.070.1. P,r1-T1-2018-00021 2500 Siskiyou Blvd/fk Page 5 f I. f - B' Molnar, oinnitmity Development Director Dat PA T1-2018-00021 2500 Siskiyou B1vcl/fk Page 6 1 AFFIDAVIT OF MAILING STATE OF OREGON } County of Jackson } The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On 8/30/181 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 #T1-2018-00021, 2500 Siskiyou. Signature of Employee DceurmW LY3012018 PA-T1-2018-00021 391E14CD 1601 j PA-T1-2018-00021 391E14CD307 PA-T1-2018-00021 391E14CA3100 BALCOMB MARLANE JISCOTT BOSES DAVID C10 CFCU DE BEY DENNIS S 1153 TOLMAN CREEK RD PO BOX 224 2475 SISKIYOU BLVD ASHLAND, OR 97520 GOLD BEACH," OR 97444 ASHLAND, OR 97520 PA-T 1-2018-00021 391 E14CD 305 PA-T1-2018-00021 391 E14CD 500 PA-T1-2018-00021 391E 14CA 8200 DERBY PAMELA A TRUSTEE FBO FRENCH DAVID CHESTER ET AL GENTIS CHRISTINE H E 305 MEADOW VIEW DR 1148 S TOLMAN CREEK RD 3 PO BOX 688 PHOENIX, OR 97535 ASHLAND, OR 97520 MEDFORD, OR 97501 PA-T1-2018-00021 391E14CA4800 PA-T1-2018-00021 391E14CD 1602 HILLSIDE SOUTH GRANDVIEW HOU MICHAEL MOLITCHIMATICH PA-T1-2098 00021 391E14CA 5000 APARTMENTS LLC DANIELLE I LANG RON M TRUSTEE ET AL 3231 TOLMAN CREEK RD 1151 TOLMAN CREEK RD j 700 TERRACE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00021 391 E14CD 400 PA-T1-2018-00021391 El4CA4900 1 PA-T1-2018-00021391E14CD 306 MORENO CHRISTOPHER R ET AL I PHILLIPS JAMES J ET AL PIPER PARTNERS LLC ET AL CONTROLLER 1131 TOLMAN CREEK RD 9130 TOLMAN CREEK RD FRIEDKIN REALTY GROUP 44 MONTGOMERY ST 4150 !ASHLAND, OR 97520 ASHLAND, OR 97520 SAN FRANS€SCO, CA 94104 PA-T1-2018-00021391E14CD1600 PA-T9-201800029391E14CA4700 PA-T1-2018-00021391E14CA8000 REECE-SULLIVAN M AIMARILYN SCHOOL DIST #5 ATTN: BELLVUE SEVERSON MARK D ET AL 1155 TOLMAN CREEK RD SCHOOL 2500 SISKIYOU BLVD ASHLAND, OR 97520 885 SISKIYOU BLVD i ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00021 391 E14CD 304 PA-TI-2018-00021 391 E14CQ 308 PA-T1-2018-00021 391 E14CD 303 SHAQLE STANLEY FRANK TRUSTEE ET SNYDER DENNIS CfHARRIET W STONE ESTHER M TRUST ET AL AL 1330 ASHLAND MINE RD 1 1122 TOLMA CREEK RD 1126 TOLMAN CREEK RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 k PA-T1-2018-00021 391 E14CA 8100 2500 Siskiyou SWAY SCOTT REV TRUST ET AL ! 8/30118 NOD 70 ROCKY CREEK RD I 1g BAYSIDE, CA 95524 I i i i I I i i I I i ~f I tom: I° ~ C OF IT Y Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541 -488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PA-T1-2018-00021 SUBJECT PROPERTY: 2500 Siskiyou Blvd. OWNERIAPPLICANT: Mark and Peggy Severson DESCRIPTION. A request for a Conditional Use Permit to operate a three-unit (including owner's unit) Traveler's Accommodation located at 2500 Siskiyou Blvd. COMPREHENSIVE PLAN DESIGNATION: High Density Residential; ZONING: R-3; ASSESSOR'S MAP: 391 E 14CA; TAX LOT: 8000. NOTICE OF COMPLETE APPLICATION: July 31, 2018 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: August 14, 2018 N% K¢ ` E YZ PA-T1.20118-00021 2500 SISKIYOU BV SUBJECT PROPERTY I o ~ `ifs O i 6 I I ` n, I r, c ~ V xx C7; W -I 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 18.5.1.050.G) 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. (i,kouun devlplanninglF'lannipg Aclion513~oticing PolderL~lailed Notices Signsti2018TA-T I -2018-00021.doex CONDITIONAL USE PERMITS j. 18.5.4.050.A 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. I 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, 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 Standards for Residential Zones. d. C-1. 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, 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 98.3.2 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, TRAVELERS' ACCOMMODATIONS 18.2.3.220 Where travelers' accommodations and accessory travelers' accommodations are allowed, they require a Conditional Permit under chapter 18.5.4, are subject to Site Design Review under chapter 18.5.2, and shall meet the following requirements. See definitions of travelers' accommodation and accessory travelers' accommodation in part 18-6. A. Travelers' Accommodations and Accessory Travelers' Accommodations. Travelers' accommodations and accessory travelers' accommodations shall meet all of the following requirements. 1. An accommodation must meet all applicable building, fire, and related safety codes at all times and must be inspected by the Fire Department before occupancy following approval of a Conditional Use Permit and periodically thereafter pursuant to AMC 15.28. 2. The business-owner of a travelers' accommodation or the property owner of an accessory travelers' accommodation must maintain a City business license and pay all transient occupancy tax in accordance with AMC 4,24 and AMC 6.04 as required, 3. Advertising for an accommodation must include the City planning action number assigned to the land use approval. 4. Offering the availability of residential property for use as an accommodation without a valid Conditional Use Permit approval, current business license and transient occupancy tax registration is prohibited and shall be subject to enforcement procedures. Wco n n-devlplanningOanning Actim%oticing Fol&6,Nfailed Notices C SignS201 STA-TI 2018.0002 Ldocs I, B. Travelers' Accommodations. In addition' ? standards described above in section 18.23.220. avelers' accommodations shall meet all of the following requirements. 1. The property is located within 200 feet of a boulevard, avenue, or neighborhood collector as identified on the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. 2. During operation of a travelers' accommodation, the property on which the travelers' accommodation is sited must be the primary residence of the business-owner. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement must specifically state that the property owner is not involved in the day-to-day operation or financial management of the accommodation and that the business-owner has actual ownership of the business and is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. 3. The primary residence on the site must be at least 20 years old, The primary residence may be altered and adapted for travelers' accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setback and lot coverage standards of the underlying zone. 4. The member of travelers' accommodation units allowed shall be determined by the following criteria. a. The total number of units, including the business-owner's unit, shall be determined by dividing the total square footage of the lot by 1,800 square feet, Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed nine per approved traveler's accommodation with primary lot frontage on boulevard streets. For travelers' accommodation without primary lot frontage on a designated boulevard, but within 200 feet of a boulevard, avenue, or neighborhood collector street, the maximum number of units shall be seven. Street designations shall be as determined by the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 square feet of gross interior floor space remaining per unit. 5. Each accommodation must have one off-street parking space and the business-owner's unit must have two parking spaces. All parking spaces shall be in conformance with chapter 18.4.3. 6. Only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated, and a maximum of six square feet total surface area is allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation in accordance with subsection 18.4.4.050.C,1. 7. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 8. Transfer of business-ownership of a travelers' accommodation shall be subject to all requirements of this section and conform with the criteria of this section. Any further modifications beyond the existing approval shall be in conformance with all requirements of this section. 0. Accessory Travelers' Accommodations. In addition to the standards in section 18.2.3.220.A, accessory travelers' accommodations shall meet all of the following requirements. 1. The operator of the accessory travelers' accommodation must be the property owner and the property must be the operator's primary residence. The operator must be present during operation of the accessory travelers' accommodation. 2. The property is limited to having one accessory travelers' accommodation unit, covered under a single reservation and consisting of two or fewer bedrooms. Meals are not provided and kitchen cooking facilities are not permitted with an accessory travelers' accommodation, with the exception of kitchen cooking facilities for the primary residence. 3. The total number of guests occupying an accessory travelers' accommodation must not exceed two people per bedroom. 4. The property must have two off-street parking spaces. The total number of guest vehicles associated with the accessory travelers' accommodation must not exceed one, 5. Signs are not permitted in conjunction with the operation of an accessory travelers' accommodation. ~I Glcomm-devNpIanningTTanning Actions\\oticing FolderV%Iiiled Notices & SignsV20381E'A-7'1-2 0 18-0002 1.dacx } F AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson } The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, i Oregon 97520, in the Community Development Department. I 2. On 7131118 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 #T1-2018-00021, 2500 Siskiyou. Signature of Employee 1 oocumenr3 713112018 PA-T1-2018-00021391E14CD 1601 BOSSS2018 DAVID 00021 391E14CD307 PA-T1-2018-00021 391E14CA3100 BALCOMB MARLANE JISCOTT OSE DE BEY DENNIS S 1153 TOLMAN CREEK RD CIO CFCU 2475 SISKIYOU BLVD PO BOX 224 ASHLAND, OR 97520 ASHLAND, OR 97520 GOLD BEACH, OR 97444 PA-T1-2018-00021 391E14CD 305 PA-T1-2018-00021 391E14CD 500 PA-T1-2018-00021391 E14CA 8200 DERBY PAMELA A TRUSTEE FBO FRENCH DAVID CHESTER ET AL GENTIS CHRISTINE H E 305 MEADOW VIEW DR 1148 S TOLMAN CREEK RD PO BOX 688 PHOENIX, OR 97535 ASHLAND, OR 97520 MEDFORD, OR 97501 PA-T1-2018-00021 391E14CA 4800 PA-T1-2018-00021 391E14CD 1602 PA-T1-2018-00021391 E14CA 5000 HILLSIDE SOUTH GRANDVIEW HOU MICHAEL MOLITCHIMATICH LANG RON M TRUSTEE ET AL APARTMENTS LLC DANIELLE 3231 TOLMAN CREEK RD 1151 TOLMAN CREEK RD 700 TERRACE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00021 391E14CA 4900 PA-T1-2018-00021 391E14CD 306 PA-T1-2018-00021 391E14CD 400 MORENO CHRISTOPHER R ET AL PHILLIPS JAMES J ET AL PIPER PARTNERS LLC ET AL 1131 TOLMAN CREEK RD 1130 TOLMAN CREEK RD CONTROLLER-FRIEDKIN REALTY GROUP ASHLAND, OR 97520 ASHLAND, OR 97520 44 MONTGOMERY ST 4150 SAN FRANSISCO, CA 94104 PA-T1-2018-00021391E14CD1600 PA-T1-2018-00021391E14CA 4700 PA-T1-2018-00021391E14CA8000 REECE-SULLIVAN M AIMARILYN SCHOOL DIST #5 ATTN: BELLVUE SEVERSON MARK D ET AL 1155 TOLMAN CREEK RD SCHOOL 2500 SISKIYOU BLVD ASHLAND, OR 97520 885 SISKIYOU BLVD ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00021 391E14CD 304 PA-T1-2018-00021 391E14CD 308 PA-T1-2018-00021 391E14CD 303 SHADLE STANLEY FRANK TRUSTEE SNYDER DENNIS CIHARRIET W STONE ESTHER M TRUST ET AL 1126 TOLMAN CREEK RD 1330 ASHLAND MINE RD 1122 TOLMAN CREEK RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00021 391E14CA 8100 2500 Siskiyou SWAY SCOTT REV TRUST ET AL NOC 7131118 70 ROCKY CREEK RD 19 BAYSIDE, CA 95524 goo it4 #~1 _2-1 ii f 1d~ 12ir I. iii id1 i4r 1, 1.7,04ii} $ i10 1i]~ #342 14 i 1~l lii6 ( € 220 4200 A SO 440 45('4L 13,01 01 304 13"641#} ' . Mfr ~64T' ~ ~'I•. •~#t{1 ( II • 470 d 7604 6 b ~~411_ 3; i4 I.M . r ~ . E _ i x!4}•11' 5ili} 5i5 , 24i Aim r 4 i .240 -1601 401 1 22-0 4MO 1'44oo 52-01 .2760 42-00 410 400 BIo 2-. i it41 2,70 90 340 ~MO MOO 2'9'00,1 HOD 3700 P"O 310_...w-330-0 e~... iti 3 tF " I 1i~f 5~i~o iIm r ,f r . . 3- i 1 i 51 1 i r *11, 4 0020 MIN 1 ZONING PERMIT APPLICATION Planning Division CITY OF 51 Winbum Way, Ashland OR 97520 FILE -ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY / Pursuing LEEDO Certification? ❑ YES ❑ NO Street Address [ C1 t_%_ ton- E Assessor's Map No. 391 E 2 C- Tax Lot(s) Zoning.. Comp Plan Designation APPLICANT Name Phone ; . r1 Mail t Address City; Zip f 1 i PROPERTY OWNER Dame Phone E-Mail Address City Zip SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title t' Name Phone E-Mail Address City Zip Title Name Phone E-Mail Address City Zip I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,. true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: t) that 1 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 regard wrill result mosf~ely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed of my expense, Jf Jhave any doubts, I am advised to seek competent professional advice and assistance. Applicant's Signature Date As owner of the property inyotVe J n 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 [To be coW;sted by City Slab] Date Received Zoning Permit Type Filing Fee OVER OP G:kon -davNplmningFonns& HandovtstZoning Pemtit Applicadoadoc I Mark and Peggy Severson 2500 Siskiyou Blvd- 541 601- 7122 Seversor J 00 c , 6,1201; 201 B Project Information Plaimi►ig action The applicants, Mark and Peggy Seve€so€► are submitti►ig a►t applicatioti For Conditional Use Permit for Travelers' Accommodations, for our apartment's which our not. Occupied. Located at 2500 Siskiyou Blvd. Built in 1937 as a Grocery Store. We live on this property and use it as our prima►•y residents. Address and legal Description: Owner: Mark and Peggy Severson 2500 SiskiyoE► Blvd Ashland, OR 97S20 Applicant: Same as Above Zoning Designation: R-3 Map 391E14CA Tax lot: 8000 Applicable Ordinatices: Conditional Use Permit, 18.5.4.050 Site Desig€► Review, 18.5.2.050 R-3 Multi-family Residential, 18.4.3 Travelers' Accom€iiociations 18.2.3.220 1 t Mark and. Peggy Severson 2500 Sisklyou . 5 41 01-- 7122 Severs_o n4,00 )LjiLcom . 6/20/2018 13.2.3.220 Traveler Accommodations A: Shall meet all requirements 1. The owner will meet all applicable building, fire, and related safety codes, at all times. The owner will have Fire Department inspect before occupancy. 2. The Owller will maintain a city business license upon approval of the land use action before initial occupation. Owner will pay transient tax's amc4.29- and mc6.04 3. All advertising will include the city planning action land use approval number. 4. The Applicants acknowledges it is prohibited to offer the accommodation without a CUP, current business license and transient occupancy tax registration. B: Shall meet all requirements C: Shall meet all requirements 1. Property is located on Siskiyou Boulevard 2. This property will be our primary residence 3. Primary resident was built in 1937 4. a. exceeds ratio for unit's number b. unit two closest unit to Toleman Creek is 423 square feet. Unit one is 402 square feet. Which is inclusive of SO square feet from ou►• pool house. S.There is two parking spaces on Toleman entrance and two parking spaces on Siskiyou enterance. In conformance with chapter 13.4.3. 6. One ground or wall sign is permitted in accordance with subsection 18.4.4.0SO.C.1. 7. Amtual Jackson County Health Department inspections will be allowed, as required by laws of Jackson county and or the State of Oregon 8. 1"ransfer of business-ownership of above travelea•s' accommodatioals shall be subject to all requirements and conform with criteria of 18.2.3,200 Travelers' Accommodations. Any modifications beyond approval shall be in conformance with all criteria above, llatl e 2 i, f 2500 Mark and. P Severson Sisldyou Blvd,, 541. 601- 71.22 Severs on4QO.O-~ -rryi com 6/20/201.8 113,5.4 Conditional Use Permits (General) 113.104.50 Approval Criteria 1. Use will conform with all standards within the zoning district, and maintain conformance 2. Adequate capacity of city facilities, access to and throughout the development, and adequate transpOI'tatiola routes can and will provide to subject property no significant impact adding one sink tLIb and washer dryer. Space has housed up to six. 3. will have no greater adverse material effect when compared to the development of subject lot, a. The purposed CUP does not change the scale or coverage of the lot, b. Walking distance to shopping. Parking is provided on property, c. The proposed CUP does not change any of the architectural features of the existing buildings. d. No additional impact than existing purpose. e. No additional impact than existing purpose. L development of adjacent properties should not he impacted at all g. The units meet all requirements and will place no strain to infrastructure. Will not effect neighbors due to corner location. 4. Will not allow a use that is prohibited or one that is not permitted pursuant to dais ordinance 5. R3 residential use complying with all ordinance requirements, developed at the density permitted by chapter 113.2.5 I H Page 3 I ~ l t ZJ~ \ i i j i i' ✓ i J C ~ 1,a;1 i. f 1 City of Ashland Community Development Department PERMIT NUMBER 51 Winburn Way PA-T1-2018-00021 _ Ashland, OR 97520 Telephone: 541-488-5305 PPIy Date: 7I3712ae Inspection Line: 541-552-2080 Plan Type: Type I Planning Action Work Class: Type I Planning Action Ma & Tax Lot Pro pert. Address 391E14CA8000 2500 Siskiyou BI 'a.wner Information Applicant Information Owner: Mark Severson Applicant: Mark Severson Owner 2500 Siskiyou Blvd Applicant 2500 Siskiyou BI Address: Ashland, OR 97520 Address: Ashland, OR 97520 Phone: - Phone: (541) 601-7122 Project D.Cscription CUP for a Traveler's Accommodation Fees Fee Description: Amount: Conditional Use Permit (Type 1) $1,071.00 Applicant: Date: ITotal Fees: $1,071.00