HomeMy WebLinkAboutB_463_PA-T1-2019-00063
CITY OF
ASHLAND
June 21, 2019
Notice of Final Decision
On June 21, 2019, the Community Development Director approved the request for the following;
Planning Action: PA-TI-2019-00063
Subject Property: 463 B Street
Applicant: Holley Properties, LLC/Rogue Planning & Development
Description: A request for Site Design Review and Conditional Use Permit approval to
convert the space above the garage to a short term hotel unit (the home is to remain a residence).
No physical changes to the property are proposed as part of this request. COMPREHENSIVE
PLAN DESIGNATION: Employment; ZONING: E- 1; ASSESSOR'S MAP: 39 1E09AB; TAX
LOT: 8700
The Community Development Director's decision becomes final and is effective on the 12t1i day
after the Notice of Final Decision is nailed. 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
www.ashlknld.or.us Kali
SECTION 18.5.1.050 Type 1 Procedure (Administrative 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.
I. 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 all 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:
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 slrall not apply to appeals made by neighborhood or conununity
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. Thne 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 ofNolice ofrlppeal. 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 €net 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 11 public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is tile filial
decision of the City on an appeal of a Type I decision. A decision oil 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-A88-5305
51 Winburn Way l=ax: 541-552-2050
Ashland, Oregon 97520 TTY: 500-735-2900
wv vw.ashland.onus
ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA-TI-2019-00063
SUBJECT PROPERTY: 463 B St
OWNERS/APPLICANTS: Holley Properties, LLC/Rogue Planning & Development
DESCRIPTION: A request for Site Design Review and Conditional Use Permit approval to
convert the space above the garage to a short term hotel unit (the home is to remain a residence). No
physical changes to the property are proposed as part of this request.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39
1 E09AB; TAX LOT: 8700
SUBMITTAL DATE: May 17, 2019
DEEMED COMPLETE DATE: May 31, 2019
STAFF APPROVAL DATE: June 21, 2019
DEADLINE TO APPEAL (4:30 p.m.): July 3, 2019
FINAL DECISION DATE: July 5, 2019
APPROVAL EXPIRATION DATE: January 4, 2020
DECISION
The proposal is to convert a second-story, 442 square-foot living space above the garage into a short-term
hotel unit.
Subject Property
The subject property is located at 463 B Street and is 0.11 acres in size. It is located on the northwest side
of the intersection between Fourth Street and B Street. The surrounding neighborhood is comprised of a
nix of apartments, townhomes, single-family homes, offices, hotels and commercial buildings. The
zoning to the north is Employment (E-1). The zoning to the south, west and east is Low Density Multi-
Family (R-2). The subject property is located in the Employment (E-1) zone and the Railroad Historic
District. It is a cornier, rectangular-shaped lot. It fronts on B Street and B Street is an improved street with
sidewalks.
The property is occupied by a two story, 1,328 square-foot residence. According to the National Register
of Historic Places, the house is named the Historic Contributing M.N. Long Rental House II, built in
1888. A two story garage was added in 2017 at the back of the property. The home will remain a full-
time residence. No site changes are proposed as part of this application.
Conditional Use Permit
The zoning of the property is Employment (E-1), which is a commercial zone. The site converting into
office space developing at 0.5 floor to area ratio, which is the target use in the (detailed site review) zone
would result in 2,396 square-feet of office space and require five parking spaces. There are three off-street
parking spaces on site, two in the garage and one adjacent to the garage. The hotel guests will have access
to one of those spaces, which meets the requirement of one space per guest room. The required manager
parking space will be located in the garage.
The traffic generation for the one hotel unit is 0.74 trips at peak hour. For the target use, about 2,396
PA-TI-2019-00063
463 B St/fk
Page 1
square-feet of general office space, it is 3.57 trips at peak hour. Compared to the target use of the subject
property as office space, the proposal will generate less traffic. The units' proximity to downtown also
encourages walking. Compared to the target use of the zone, there will be no adverse impact in terms of
architectural compatibility, air quality, noise, light and glare and the development of adjacent properties
when compared to the development of the subject lot with the target use of the zone. The surrounding
properties are all already developed.
Site Design Rek,ieiv
The proposal's located in the Historic District, but there were no exterior changes proposed to require
Historic Commission's review.
No exterior changes to the buildings are proposed. A condition has been added to ensure bike parking
installation. Lastly, the application complies with all of the applicable provisions of the E-1 zoning district.
The property is currently served by adequate City facilities for water, sewer, storm drainage, electricity,
sidewalks and streets. The park row is landscaped with solely tiles and no street trees, a condition has been
added to ensure a street tree is planted and the park row is landscaped.
Staff received a comment concerned for the impact of surrounding development and the commercial
activity. The commenter is correct that a Hotel use will likely have more of an impact than a residential
use, but in a commercial zone, the target use is commercial and the proposal is more in keeping with the
target use of the property.
The applicants have submitted materials to the Planning Department that demonstrate compliance with
these approval standards, and with the criteria within the Conditional Use and Site Design Review sections
of the Ashland Municipal Code.
The approval criteria for a Conditional Use Permit are in AMC 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.
PA-T1.2019-00063
463 B St/tk
Page 2
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-e, g-1 not included as not
applicable].
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.
The approval criteria for Site Design Review are in AMC 18.5.2.050 as follows:
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 98.3).
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.
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 I 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
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.
In staff's assessment, the application with the attached conditions complies with applicable ordinances
and meets all required criteria.
Planning Action #T1-2019-00063 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 # Tl -
2019-00063 is denied. The following are the conditions and they are attached to the approval:
1. That all proposals of the applicant be conditions of approval unless otherwise modified here.
2. That a sign permit shall be obtained prior to installation of any new signage. Signage shall meet
the requirements of Chapter 18.4.7 and shall meet the requirements of 18.2.4.040 if located in a
PA-T1-2019-40063
463 B St/fk
Page 3
vision clearance area,
3. That the property owners 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 operation of the
accessory travelers' accommodation.
4. That the hotel/motel shall meet all applicable building, fire, and related safety codes at all times,
and shall be inspected by the City of Ashland Fire Department before commencing operations and
periodically thereafter pursuant to AMC 15.28.
5. The inverted u-racks shall be used for the bicycle parking. 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.
6. That street trees, 1 per 30 feet of street frontage, shall be installed on the B Street frontage prior to
operation of the hotel. All street trees shall be chosen from the adopted Street Tree List and shall
be installed in accordance with the specifications noted in Section E of the Site Design and Use
Standards. The street trees shall be irrigated.
l
Za Z~3
Bill lnar; Co unity Development Director Date
PA-T1-2014-00063
463 B St/fk
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 June 21, 2019 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 #PA-T1-2019-00063, 463 B Street.
Qmn (fl~Iiv
Si tune of Employee
CaUserslVappr DesktoplTewla:esW'FIOAVIT OF F.IAILING_Regaa.docx 0l/2019
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PA-T1-2019-00063 391 E09A6 SfiQQ PA-T1 -2019-00063 391 E09B ADAMS JUSTIN RIPETERSON-ADAMS PA-T1-2019-00063 391 E09AB 9500
2 SIRENS LLC M1RA B BHADRA TANIMA TRUSTEE ET AL
560 TERRACE ST 266 N THIRD ST
ASHLAND, OR 97520 426 B ST ASHLAND, OR 97520
ASHLAND, OR 97520
PA-T1-2019-00063 391 E09BA 3900 PA-T1-2019-00063 391 E09AB 8600 PA-T1-2019-00063 391 E09AB 8800
BROWN SANYA RAYE CARSON MARJORIE L TRSTE FBO CHILDERNS LLC
447 B ST 455 B ST 2305 ASHLAND ST 312
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2019-00063 391E09BA 6701 PA-T1-2019-00063 391E09BA 4100 PA-T1-2019-00063 391E09BA 6800
COOPER LAURENCEILISA SCLAN DELUCA RONALD L TRUSTEE DI LORETO DANTE'
259 B ST 228 MORNINGLIGHT DR PO BOX 5425
ASHLAND, OR 97520 ASHLAND, OR 97520 CULVER CITY, CA 90231
PA-T1-2019-00063 391 E09AB 9000 PA-T1-2019-00063 391 E09AB 9400 PA-T1-2019-00063 391 E09AB 5801
FRANTZ LAURA FRIEDMAN JEANETTE VIVIENNE GARFAS JOSEPH - TRUSTEE
1051 TOLMAN CREEK RD TRUSTEE ET AL 1188 TYLER CREEK RD
ASHLAND, OR 97520 258 N 3RD ST ASHLAND, OR 97520
ASHLAND, OR 97520
PA-T1-2019-00063 391 E09AB 9800 PA-T1-2019-00063 391 E09AB 8700 PA-T1-2019-00063 391 E09 BA 4000
CARSON THOMAS UCYNTHIA H HOLLEY PROPERTIES LLC HOXMEIER STEVE/KATHRYN
PO BOX 966 2305 ASHLAND ST 312 435 B ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2019-00063 391 E09AB 8500 PA-T1-2019-00063 391 E09AB 9600 PA-T1-2019-00063 391 E09AB 6300
JAVNA CORDON/MARY MARGARET JONES LARRY D LOMBARDI ROBERT JICORINNE S
460 B ST 1188 TYLER CREEK RD 1685 OLD HIGHWAY 99 S
ASHLAND, OR 97520 € ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2019-00063 391 E09AB 7700 PA-T1-2019-00063 391 E09AB 9100 PA-T1-2019-00063 391 E09AB 5800
LOVETT RICHARD P TRUSTEE PEERLESS HOTEL LLC PROVOST PROPERTIES LLC
PO BOX 427 243 FOURTH ST 6431 ADAMS RD
ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540
PA-T1-2019-00063 391 E09AB 9300 PA-T1-2019-00063 391 E09AB 8300 PA-T1-2019-00063 391 E09AB 9200
SELIGMAN JOHN SMITHTON ROBERT LEE TRUSTEE TRES STARS LLC BARNETT CRISSY J
248 N 3RD ST PO BOX 1856 243 FOURTH ST
ASHLAND, OR 97520 ROSS, CA 94957 ASHLAND, OR 97520
PA-T1-2019-00063 PA-T1-2019-00063
ROGUE PLANNING & DEVELOPMENT ASHLAND HOMES REAL ESTATE 463 B Street
33 N CENTRAL AVE, #213 JUSTIN DONOVAN NOD 6/2112019
MEDFORD, OR 97501 150 EAST MAIN ST 26
ASHLAND, OR 97520
09 , . , 1.!I~! I
Ise, lawa4m ol 00
6/14/2019 ~ Conditional use permit for 463 B Str
P Reply all Delete Junk ~ v
Conditional use permit for 463 B Street
John Seligman <jseligman@gmail.com> 01 6m t) Reply all ~
Today, 2:50 PM
Fotini Kaufman v
Inbox
I own 248 Third and T live in the two story cottage that is at the back of my property. I am
almost directly across the alley from the garage unlit that is asking to become a hotel unit.
Already I am impacted by the creation of that living unit above the garage, but if the
proposed hotel unit is approved, I fear that there will be an additional negative impact on
my living space. Presently, there is only the addition of a single vehicle, to a single renter,
but with a hotel unit there will be the possibility of three vehicles coming and going,
causing noise, dust (the alley is not paved in front of the proposed unit) and light pollution
from the un- shielded lights facing the alley.
I realize that I am in the unfortunate situation of being almost surrounded by commercial
units that are active and busy, and impact my livability. Peerless Hotel and Peerless
restaurant are a constant source of noise, car traffic and light pollution. Their main parking
area for four cars is 10 feet from my bedroom. There are quite a few doctor's offices within
233 4th with two living units above that creates constant vehicular traffic in the alley at all
hours. There is a house 266 Third which is I believe called a "travelers accommodation."
The owners are supposed to live there, but they don't and I often have to go over, knock
on the door in the front and back units to ask the many guests to quiet down.
So, in short, I'm saying enough is enough. Air quality, including generation of dust, and the
generation of noise, light and glare are all mentioned as being part of the criteria for
approval of the conditional use. I am here to testify that those criteria will not be met, at
least as it will apply to my little corner of the issue.
Thanks for allowing me to include my input,.
~i
John Seligman
;248 Third ~ i' l ii i l f
https://outlook.office365.com/owa/projectiion.aspx 112
I %
Planning Department, 51 Winb.,W,hWay, Ashland, Oregon 97520 ~ 7 T Y
1' \ 541-488-5305 Fax: 541-552-2050 www,ashland.orms TTY: 1-800-735-2900 NOTICE OF APPLICATION
PLANNING ACTION: PA-T1-2019-00063
SUBJECT PROPERTY: 463 B St
OWNERIAPPLICANT: Holley Properties, LLC/Rogue Planning & Development
DESCRIPTION: A request for Site Design Review and Conditional Use Permit approval to convert the space above the
garage to a short term hotel unit (the home is to remain a residence). No physical changes to the property are proposed as
part of this request. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1 ASSESSOR'S MAP: 39
1 E09AB; TAX LOT: 5700.
NOTICE OF COMPLETE APPLICATION: May 31, 2019
DEADLINIE FOR SUBMISSION OF WRITTEN COMMENTS: June 14, 2019,
257 2668811 42
53 268 281 1
247 58 270 274
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463 B St.
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The Ashland Planning Division Staff has received a complete application for the property noted above..
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland,
Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to
surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than
45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same
properties within 5 clays 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 ntailling 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 faiilare to raise an objection concerning this application, by letter,
or failure to provide sufficient specificity to afford the decision mailer an opportunity to respond to the issue, precludes your aright 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 garedUdes 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 aapplicatiion, all documents and evidence relied upon by the applicant and applicable criteria are availabie for inspection at no cost and will be provided at
reasonable cost, if requested. All materials are avaiiabie at the Ashland Planning Division, Community Development & Engineering Services Building„ 51 WUinburn Way,
Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact Fotini Kaufman at. 541,-488-5305.
Ci?tcrnvare-ctcr'~ lanninyll'low.runin~ Acticans'Nolicing ralderM1,failed Notices & 5igurs12MU3A-T1-2619-00063.do"
SITE DESIGN AND USE STANDARDS
18,51050
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, pa. ad access to and throughout the property and adequate transportation can and will be provided to the
subject property.
E, c the Sih t; ~nf and C The approval authority may approve exceptions to the Site Development and Design
Standards of part 18.4 if the circumstances in eiii er 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 wild 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
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.
CONDITIONAL USE PERMITS
185.4.050.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.
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. WIC 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 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 requ'irements,.
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.
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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 Fast. Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On 6031119 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 #PA-T1-2019-00063, 463 B St.
Signature of Employee
OacunienQ 513112019
PA-T1-2019-00063 391E09AB 5600 PA-T1-2019-00063 391E09BA 6700 PA-T9-2019-00063 391 E09AB 9500
2 SIRENS LLC ADAMS JUSTIN R/PETERSON-ADAMS BHADRA TANIMA TRUSTEE ET AL
560 TERRACE ST MIRA B 266 N THIRD ST
ASHLAND, OR 97520 426 B ST ASHLAND, OR 97520
ASHLAND, OR 97520
PA-T1-2019-00063 391E09BA 3900 PA-T1-2019-00063 391E09AB 8600 PA-T9-2019-00063 391 E09AB 8800
BROWN SANYA RAYE CARSON MARJORIE L TRSTE FBO CHILDERNS LLC
447 B ST 455 B ST 2305 ASHLAND ST 312
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2019-00063 391E09BA 6701 PA-T1-2019-00063 391E09BA 4100 PA-T1-2019-00063 391E09BA 6800
COOPER LAURENCE/LISA SCLAN DELUCA RONALD L TRUSTEE DI LORETO DANTE'
259 B ST 228 MORNINGLIGHT DR PO BOX 5425
ASHLAND, OR 97520 ASHLAND, OR 97520 CULVER CITY, CA 90231
PA-T1-2019-00063 391E09AB 9000 PA-T1-2019-00063 391E09AB 9400 PA-T1-2019-00063 391E09AB 5801
FRANTZ LAURA FRIEDMAN JEANETTE VIVIENNE GARFAS JOSEPH - TRUSTEE
1051 TOLMAN CREEK RD TRUSTEE ET AL 1188 TYLER CREEK RD
ASHLAND, OR 97520 258 N 3RD ST ASHLAND, OR 97520
ASHLAND, OR 97520
PA-T1-2019-00063 391E09AB 9800 PA-T1-2019-00063 391E09AB 8700 PA-T1-2019-00063 391E09BA 4000
GARSON THOMAS UCYNTHIA H HOLLEY PROPERTIES LLC HOXMEIER STEVE/KATHRYN
PO BOX 966 2305 ASHLAND ST 312 435 B ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2019-00063 391E09AB 8500 PA-T1-2019-00063 391E09AB 9600 PA-T1-2019-00063 391E09AB 6300
JAVNA CORDON/MARY MARGARET JONES LARRY D LOMBARDI ROBERT J/CORINNE S
460 B ST 1188 TYLER CREEK RD 1685 OLD HIGHWAY 99 S
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2019-00063 391 E09AB 7700 PA-T1-2019-00063 399 E09AB 9100 PA-T1-2019-00063 391 E09AB 5800
LOVETT RICHARD P TRUSTEE PEERLESS HOTEL LLC PROVOST PROPERTIES LLC
PO BOX 427 243 FOURTH ST 6431 ADAMS RD
ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540
PA-T1-2019-00063 391E09AB 9300 PA-T1-2019-00063 391E09AB 8300 PA-T1-2019-00063 391E09AB 9200
SELIGMAN JOHN SMITHTON ROBERT LEE TRUSTEE TRES STARS LLC BARNETT CRISSY J
248 N 3RD ST PO BOX 1856 243 FOURTH ST
ASHLAND, OR 97520 ROSS, CA 94957 ASHLAND, OR 97520
PA-T1-2019-00063 PA-T1-2019-00063
ROGUE PLANNING & DEVELOPMENT ASHLAND HOMES REAL ESTATE 463 B Street
33 N CENTRAL AVE, #213 JUSTIN DONOVAN NOC 5131/19
MEDFORD, OR 97501 150 EAST MAIN ST
ASHLAND, OR 97520
t
C~ r } ~ t~tannlttgDlvlsleat ZflPdl G PERMIT A PLICATION
` 51 Win}~trrn Way, Ashland OR 97520
FILE # PA-11- '~~1~ 4
c r r v 0 F
ASHLAND sect-4$$ 5345 Fax 541-488-6006
DESCRIPTION OF PROJECT Site Review and Conditional Use Permit for Hotel Use
DESCRIPTION OF P'ROPER'TY Pursuing LEEDO Certification? 0 YES ® NO
Street Address 463 B Street
Assessor's Map No. 391E MAR Tax Lot(s)
Zoning E-1 Comp Plan Designation Employment
APPLICANT
Name Rogue Planning & Development Phone 541-951-402.0 E-Mail amygunter.planning @i, gmail.com
Address 33~ s 4 City Medford Zip 97501
PROPERTY OWNER
Name Holley Properties, LLC Phone E-Mail holleyrealtyaal.com.
Address 2305 Ashland Street, C-312 City Ashland Zip 97520
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title Realtor Nance Ashland Homes Real Estate Phone 541-890-6673 E-Mall Justin.ashlandhhornesiaagmail.com
co sn Donovan
Address 150 E Maid Street City Ashland Zip 97520
Title Name Phone E-Mail
Address City Zip
I Thereby certify that the statements and information contained in this application, including the enclosed drawings and the re ','red findings of fact, are in all aspects,
true and correct t understand that all property pins must be shown on the drawings and visible upon the site inspection. g ent th ';"M rrr their
location found to be incorrect, the owner assumes full responsibility. 1 further understand that if this request is subsenuoo , t.uri;f d. her.- r me to
establish;
t) that d produced suftiaient factual evidence at the hearing to support this request,
2) that the findings of fact fumishedaustifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that all strictures or improvements are properly located on the ground.
Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being bunt in reliance thereon being required to
be remove at my expen n if i have any doubts, l am advised to seek competent professional advice and assistance.
,gip licanfis ignature Date
As owner of the property involved in this request, l have read and understood the complete application and its consequences to me as a property
owner. 4Ja L t✓ c l"aO o U
1411
property dwner's Signature (require Date
[ro be mtVtatnd by City stake[
Date Received_fO~Jjj Zoning Permit Type e, Filing Fee oa
OVER 0
G:1ronma-dev\plannin&Tozms & rlandoutsV.oning. Permit ApplicaRion. doe
l
ZONING PERMIT SUBMITTAL REQUIREMENTS
I APPLICATION FORM must be completed and signed by both applicant and property owner,
IM' FINDINGS OF FACT - Respond to the appropriate zoning requirements in the form of factual statements or
findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include
information necessary to address all issues detailed in the Pre-Application Comment document.
V 2 SETS OF SCALED PLANS no larger than 11"x17". Include site plan, building elevations, parking and landscape
(details. (Optional 1 additional large set of plans, 2'x3', to use in meetings)
IM F'EE (Check, Charge or Cash)
LEEDO CERTIFICATION (optional) - Applicant's wishing to receive priority planning action processing shall
provide the following documentation with the application demonstrating the completion of the following steps:
• Hiring and retaining a LEED@ Accredited Professional as part of the project team throughout design and
construction of the project; and
• The LEEDO checklist indicating the credits that will be pursued.
NOTE;
• Applications are accepted on a first come, first served basis.
• Applications will not be accepted without a complete application farm signed by the applicant(s) AND property
owner(s), all required materials and full payment,
• All applications received are reviewed for completeness by staff within 30 days from application date in accordance
with ORS 227.178.
• The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission
meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm„ or the full Planning Commission, which
meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St),
• A notice of the project request will be sent to neighboring properties for their comments or concerns.
• If applicable, the application will also be reviewed by the Tree and/or Historic Commissions.
4a,Wn ne-de0planningTorms & llandouts\Zoning Permit Npplicatioadoc
I ' a
Rogue Harming 9 Development Services LLC
Conditional Use Permit for a single unit (Hotel Use
463 B Strut
May 3, 2019
Conditional Use Permit
Single Unit Hotel J Motel Accommodation
Subject Properly
Property Address: 463 B Street
Map & Tax Lot: 39 1E 09 AB; 8700
Comprehensive
Plan Designation: Employment
Zoning: E-1
Adjacent Zones: E-1 & Low Density Multi-Family Residential
Railroad Historic District
Existing Construction Type: Residential
Garage with office above
Property Owner: Holley Properties LLC
2305 Ashland Street #312
Ashland, OR 917520
Applicant: Rogue Planning & Development Services
33 H Central Avenue, Suite #213
Medford, OR 97501
Request:
A request for a Site Design Review and Conditional Use Permit for the use of the Historic Contributing
Historic residence and the second-floor converted office space above the garage as a two-unit, Hotel
Motel Accommodation.
Property Description:
The subject property is a rectangular lot that fronts on B Street, just west of the Street and 01 Street
intersection. The subject property is zoned Employment (E-1). The adjacent properties to the north
and east are zoned E-1. The adjacent property to the west is also zoned E-1. Te properties to the west
of 455 B Street, and the properties on the south side of B Street are all zoned Low Den,3ty, Multi-
Family Residential (R-2).
Page 1 of 12.
The subject property is occupied by a "non-conforming" single family residence. The residence was
constructed in 1888 and according to the City of Ashland, Historic Resources Inventory, the M.N. Long
retains sufficient integrity to reflect the time period at which it was constructed.
The residence is a 1,828 square foot, one and a half story and is located near the front of the property.
At the rear of the property there is a 555 square foot garage with a 442 square foot living space above.
There is mature landscaping and trees on the property. The landscaping and trees will not be impacted
with the proposal.
B Street is a fully improved public street with, curb, gutter, wide parkrows, sidewalk and street trees
along the frontage of the property. B Street allows for parking on both sides of the street.
The motel unit is in close proximity to downtown, this proximity encourages the tenant to forgo driving
to many of their destinations. The proposal will not result in an adverse impact on the "livability" of
the zone. The proposal will enhance the commercial) viability of the employment zone. According to
the Comprehensive Plan, the land use classification for the Employment zone (2.04.09), these areas are
for a variety of office, retailing, manufacturing, storage, repair and wholesale operations. The use of
the property as a commercial use while retaining the historic contributing structure increases the
employment density in the employment zone. The proposal will also not have any adverse impacts to
the residential zones adjacent.
Detailed Proposal:
The request is to utilize the new unit above the garage as a single, hotel/motel accommodation unit.
No changes to the structure or the site are required! or requested as part of the proposal.
There is a two vehicle garage and a third' surface parking space adjacent to the garage providing the
required parking for a single unit hotel.
The hotel/motel unit would not alter the exterior of the structure. The entrance to the unit is directly
accessible to the exterior of the structure via the door accessed from the alley. The kitchen cooking
facilities are intended to be retained thus the definition of "Motel" is the ordinance definition since
there is an entrance / exit directly accessing exterior of the structure and kitchen cooking facilities are
proposed.
The change of use of the guest house /office to a single unit motel reduces required on-site parking
demands.
The request is to use the single vehicle parking space for the motel unit. The manager parking space is
within the garage.
The motel unit is near downtown, near the A Street Commercial district and within walking; distance to
many activities. The proximity encourages guests to forgo driving to many of 1rlir,it lw l- l destinations..
The proposal will not result in an adverse impact on the "livability" of the zone. F he proposal Will
A
Page 2 of 12
i
enhance the commercial viability of the employment zone. According to the Comprehensive Plan, the
land use classification for the Employment zone (2.04.09), these areas are for a variety of office,
retailing, manufacturing, storage, repair and wholesale operations. The use of the upper floor of the
structure as a commercial business increases the employment density in the employment zone.
The property has existing, well established and well-maintained landscaping.
Findings addressing the City of Ashland Land Use Ordinance, are attached to this document.
p
Page 3 of 12
18.5.4.050 Approval Criteria
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.
Applicant's Finding:
The property was developed consistent with the Ashland Municipal Code for Employment Zoning. The
property was historically designed as a residence and the request to allow for a commercial use increases
conformance with uses in the zone. No alterations to the site are proposed.
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..
Applicant's Findin :
The City facilities, water, sewer, electricity, urban storm drainage, paved access to and throughout the
development, and adequate transportation were provided to the property during initial development.
The property and utility installation were constructed to the standards at the time. The proposed change
in use will not have a greater impact due to the conversion to an allowed use in the zone.
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.
Applicant's.-Finding:
According to subsection 15.5.4.050. A.5.f the development of the E-1 property the lot in the Detail Site
Review overlay requires a .50 floor area ratio with the building utilized' as general office uses, and
complying with all ordinance requirements. The property does not propose additional construction and
the existing residences floor area and the 2017 built garage / unit brings the property closer to
conformance with the uses of the Employment zone,
a. Similarity in scale, bulk, and coverage.
Applicant's Finding:
The proposed change of use does not impact the bulls, scale or coverage.
Page 4 of 12
h. Generation of traffic and effects oil surrounding streets. Increases in pedestrian, tricycle, and mass transit
use are considered beneficial regardless of capacity of facilities.
Applicant's Finding:
The guest of the motel unit will be provided maps with walking routes and destinations provided. The
property is conveniently located for pedestrian traffic.
c. Architectural compatibility with the impact area.
Applicant's Finding:
The change in use will not have an impact on the architectural compatibility.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
Applicant's Finding:
The air quality will not be impacted by the change in use.
e. Generation of noise, light, and glare.
A licant's Findin
It is not anticipated that the generation of noise, light or glare of the single unit hotel/motel will have a
greater impact than the development of the site as other commercial uses as permitted in the zone.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
Applicant's Finding:
The proposed change of use furthers the envisioned use of the Employment Zone as a commercial use.
Where a residence does not provide employment, the hotel/motel unit does provide an avenue for
employment and has positive impacts other employment sectors in the area.
g. Other factors found to be relevant by the approval authority for review of the proposed use.
Applicant's Finding
No other factors are known to the applicant.
The design professional of record will be consulting with the City of Ashland Building O#ficial or other
Building Division representative regarding whether the installation of fire sprinklers will be required in
the converted unit.
Page 5 of 12
r
J
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to
this ordinance,
Applicant's Finding,
Hotel/Motel uses a,re a permitted use with a conditional use permit approval.
Attachments
A) Site Plan
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Page 6 of 12
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City of Ashland
Community Development Department PERMIT NUMBER
51 Winburn Way PA-T1-2019-00063
Ashland, OR 97520
Apply Date: 5117/2019
Telephone: 541-488-5305
Inspection Line: 541-552-2080
Plan Type: Type I Planning Action
Work Class: Type I Planning Action
Ma Tax Lot Property Address
391 E09ABB700 463 B St
Owner Information Applicant Information
Owner: Holley Properties LLC Applicant: Rogue Planning and Development
Owner 2305 Ashland St Applicant 33 N Central Ave 213
Address: Ashland, OR 97520 Address: Medford, OR 97501
Phone: - Phone: (541) 951-4020
Project Description
Site design review and CUP for Motel/Motel
Fees
Fee Description: Amount:
Conditional Use Permit (Type t) $1,071.00
Applicant: Date:
ITotal Fees: $1,071.00