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Home My WebLink AboutOak_154_PA-T1-2019-00051CITY or -A5 H LA N D September 27, 2019 Notice of Final Decision On September 27, 2019, the Community Development Director approved the request for the following: Planning Action: Subject Property: Applicant: PA-T1-2019-00051 154 Oak Street Katherine Uhtoff Description: A request for Commercial Site Review to allow a 534 Square -foot rear, first and second -story expansion of the retail store. The application also includes a Variance for a Historic Building to reduce required on -site parking and a Conditional Use Permit for a Food Truck. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; MAP: 391E0922; TAX LOT: 12100(& 12000) The Community Development Director's decision becomes final and is effective on the 12'I' 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 www.ashland.or.us SECTION 18.5.1.050 Type I 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 an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. AppeaI of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: 1. Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.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.G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Tigre for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content of Notice ofAppeal. 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 inust be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de nova hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures, pursuant to section 18.5.1.060, subsections A — E, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-53G5 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.asliland.or.us ASHLAND PLANNING DEPARTMENT FINDINGS & ORDERS PLANNING ACTION: PA-T1-2019-00051 SUBJECT PROPERTIES: 154 Oak St (and 147/149 Pioneer for parking area) OWNER/APPLICANT: Katherine Uhtoff/Rogue Planning & Development DESCRIPTION: A request for Commercial Site Review to allow a 534 square -foot rear, first and second - story expansion of the retail store. The application also includes a Variance for a Historic Building to reduce required on -site parking and a Conditional Use Permit for a Food Truck. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; MAP: 39 1E 09BB; TAX LOT: 12100 (& 12000) SUBMITTAL DATE: March 20, 2019 DEEMED COMPLETE DATE: August 26, 2019 STAFF APPROVAL DATE: September 27, 2019 DEADLINE TO APPEAL (4:30 p.m.): October 9, 2019 FINAL DECISION DATE: October 10, 2019 APPROVAL EXPIRATION DATE: April 10, 2021 DECISION The proposal is a request for Site Design Review to construct a small addition to the Northwest Nature Shop. The proposal includes a request for a Conditional Use Permit to allow the placement of a food truck and a Variance for a Historic Building to reduce required on -site parking. Subject Property The subject property is located near the intersection of Lithia Way and Oak Street and is 0.09 acres in size, It is located on the northeast side of the intersection between Lithia Way and Oak Street. The surrounding neighborhood is comprised of a mix of commercial buildings, bed and breakfasts, single- family homes, and offices. The zoning to the north and west is Commercial (C-1). The zoning to the south is Commercial Downtown (C-1-D) and to the east, is Low Density, Multi -Family residential (R-2). The subject property is located in the Commercial (C-1) zone and the Railroad Historic District. It is a rectangular -shaped lot and fronts on Oak Street. The property is occupied by a two story, 2,264 square -foot, craftsman -style, converted residence. According to the National Register of Historic Places, the house is the Historic Contributing Coffee House, built in 1908 and later, converted to commercial uses. It has been in continuous use a retail establishment since the early 1980's. The food truck is proposed on -site at 147/149 Pioneer, which is the triangular lot to the south of 154 Oak Street owned by the same property owners. The site is occupied by a 1,400 square -foot, single -story, concrete block structure constructed around 1971. When the use was converted from general office to retail in 2017 (PA-2017-00005), the parking area's parking was split between 147/149 Pioneer and 154 Oak Street and a Variance was granted to reduce the required parking by half for the existing Commercial structure at 147/149 Pioneer. Site Design Review A 534 square -foot addition is proposed — 74 square -foot ground floor addition and a second story addition PA-T1-2019-00051 154 Oak St/fk Page 1 oivner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant. " The applicant did not configure the lot, access or parking situation. A previous Variance was granted to allow the same reduction in parking requirement for the neighboring property. The applicant is proposing utilizing a parking management strategy to reduce the four parking spaces required with the Variance to three. Per AMC 18.4.3,060, five additional non -required bicycle parking spaces can be used to credit the property for one off-street parking space. Additional bike parking is provided to off -set the fourth parking space for a total of eight covered bicycle parking spaces. The residence also utilizes the parking at hours offset from the retail use. Three spaces are proposed for the business at 154 Oak Street and the required two parking spaces for 147/149 Pioneer street will also remain. The main reason for the reduction of four to three is to accommodate the ADA accessible parking space; otherwise, four spaces could likely be accommodated on -site for 154 Oak Street. Conditional Use Permit The zoning of the property is Commercial (C-1). The proposed food truck is a temporary use, and compatible with the zoning and surrounding uses. The property is currently served by adequate City facilities for water, sewer, storm drainage, electricity, sidewalks and streets. The target use of the zone is general retail commercial uses developed at an intensity of 0.50 floor to area ratio, which on the subject property at 147/149 Pioneer, would consist of a 2,395 square -foot residential building with retail. The applicant proposed the food truck once a week between 3:00-8:00 p.m. and twice a week during the weeks of first Friday. Traffic generation for one 160 square --foot, fast food restaurant is 7.57 trips at peak hour (and is the closest measure we have for a food truck). For the target use, about 2,395 square -feet of retail space, traffic generation is 9.34 trips at peak hour. The combination of the existing 1,400 square -foot retail space and the food truck will exceed the impact of the target use of the property, and will likely generate more noise, light and traffic compared to the target use. A condition has been added to allow the food truck to operate monthly on the days of First Friday, after the adjacent retail uses have closed for the day. The uses of retail and the food truck can then offset each other. A condition has also been added to revise the location of the food truck to one of the available parking spaces, so that the parking and the pass through drive are not blocked as the applicant proposed. The units' proximity to downtown encourages walking. Provided the food truck operates on first Friday and during hours offset from the retail uses on the properties, 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. The applicants have submitted materials to the Planning Department that demonstrate compliance with these approval standards, and with the criteria within the Conditional Use, Site Design Review and Variance 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 PA-T1-2019-00051 154 Oak St/fk Page 3 In staffs assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria. Planning Action #T1-2019-00051 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- 2019-00051 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. 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 occupancy of the addition. The building permit submittals shall verify that the bicycle parking spacing and coverage requirements are met in accordance with 18.4.3.070.1. 3. That the vehicle parking and wheel stops be installed and the parking spaces striped prior to occupancy of the addition in accordance with standards 18.4.3.080. 4. That street trees, 1 per 30 feet of street frontage, shall be installed on the Oak Street prior to occupancy of the addition. 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. 5. That all landscaping in the new landscaped areas (including the park row) shall be installed according to the approved plan, and tied into the existing irrigation system, prior to occupancy of the addition. 6. That the proposed food truck operates once monthly during First Friday, after retail stores on -site have closed. And that the proposed food truck be positioned so that it does not block the pass through drive on the property or other parking. 7. That the Fire Department conditions be met - that the food truck have a valid food permit issued from Medford Fire Department or have the unit inspected by the Ashland Fire Department's Division Chief prior to operation. 9. .— That-the�oint driveway easement on TL#12000 (Map 391E09BB) be expanded to include a shared e s Kt for t�l 9shared parking spaces. Bill Wnar, Community Development Director Z1 )-2-019 Dat PA-T 1-2019-00051 154 Oak Stffk Page 5 FA 9 9 1 I7!XTjI I go] A kyj 0 1 -4 10 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 Septembler27, 20191 caused to be mailed, by regular mail, in a sealed envelope with postage fuilly 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-TI-2019-00051, 154 02k Street. < Sigrbture of Employee Documentl 90712019 PA-T1-2019-00051 391E098B 98001 PA-T1-2019-00051 39IE09BB 12300 PA-T1-2019-00051 391EO98B 10500 171 OAK STREET LLC BERMAN MITCHELL TRUSTEE ET AL CONKLIN JAMES D ET AL 530 BELL RD 10825 KULA HWY 3120 S STAGE RD TALENT, OR 97540 KULA, HI 96790 MEDFORD, OR 97501 PA-T1-2019-00051 391E09BB 12400 DELAUNAY DEBORAH 185 N PIONEER ST ASHLAND, OR 97520 PA-T1-2019-00051 391E09BB 11700 HAINES LLOYD M TRUSTEE ET AL 51 WATER ST 222 ASHLAND, OR 97520 PA-T1-2019-00051 391E09BB 11600 MAGNOLIA INN VIEW LLC 55 POMPADOUR DR ASHLAND, OR 97520 PA-T1-2019-00051 391 EO98B 11300 RENICK KAREN 350 OXFORD ST ASHLAND, OR 97520 PA-T1-2019-00051 391E09BB 15600 SPARTAN ASHLAND NATALIE REAL ESTATE LLC 66 WATER ST 200 ASHLAND, OR 97520 PA-T1-2019-00051 39IE09BB 12500 YATES JOAN M TRUSTEE ET AL 10 BUCHANAN ST NASHUA, NH 03060 154 Oak St 09/27/2019 NOD 21 PA-T1-2019-00051 391E09BB 13000 PA-T1-2019-00051 391E09BB 11900 FIRST INTERSTATE BANK/OR NA CIO GREG BAILEY ENTERPRISES 11 LLC THOMSON PROPERTY TAX SERVICES 4902 MT ASHLAND SKI RD PO BOX 2609 ASHLAND, OR 97520 CARLSBAD, CA 92018 PA-T1-2019-00051 391E09BB 11200 HAYES MERRILL E 191 OAK ST ASHLAND, OR 97520 PA-T1 -2019-00051391E09BA 12000 MITCHELL MEGAN ANN 180 N PIONEER ST ASHLAND, OR 97520 PA-T1-2019-00051 391E09BB 12200 RIGOTTI GARY RIYVONNE DUNN 12 PEBBLE CREEK DR EAGLE POINT, OR 97524 PA-T1-2019-00051 391E09BB 10300 STANDING STONE BREWING CO 101 OAK ST ASHLAND, OR 97520 PA-T1-2019-00051 391E09BB 12700 YORK ELIZABETH G TRUSTEE ET AL 640 PRACHT ST ASHLAND, OR 97520 PA-T1-2019-00051 391E098A 11900 JONES MELODY J TRUSTEE ET AL 79 PINE ST ASHLAND, OR 97520 PA-T1 -2019-00051391E09BA 11800 POTOCKISTAN 2020 CRESTVIEW DR ASHLAND, OR 97520 PA-T1-2019-00051 391E09BA 12100 RUSTY LLC HOLLEYJOAN L 2305 ASHLAND ST 312 ASHLAND, OR 97520 PA-T1-2019-00051 391E09BB 12000 UHTOFF KATHERINE J TRUSTEE ET AL 633 ROCA ST ASHLAND, OR 97520 PA-T1-2019-00051 Rogue Planning & Development 33 N Central Ave STE 213 MEDFORD, OR 97501 � •.,, !+'�.. � air %// r�V �� I �: � � � ` . i ry w r/ � � 1 � 1 rill % o fl r �r uU m rr" IWO °•n Off llP7 I FIO�0113 s r P 114 ONO Vu I taw 4.0 �p e w , w Y M tier M1 ° o,` n II 1 vM 1 i ¢. Ptlr=,"�,., W SOY 9/16/2019 Mail - Fotini Kaufman - Outlook «� Reply all Delete & Junk Block Re: Commissioners Swink and Emery and the 128 Central project Mark Brouillard <mtbrouillard@msn.com> i" 13 Wed 9/11/2019 11:53 AM � � Fotini Kaufman Thanks for asking, but no I don't need the notice of decision with regards to NW Nature Shop (154 Oak). If it is for 128 Central, I wouldn't mind receiving any decisions on it. Kind regards, Mark Brouillard From; Fotini Kaufman <fotini.kaufman@ashland.or.us> Sent: Wednesday, September 11, 2019 11:08 AM To; Mark Brouillard <MTSrou!Ilard@msn.com> Subject: Re: Commissioners Swink and Emery and the 128 Central project !i! Mark, Are you wanting to be included and mailed the notice for the decision? Thanksl Fotini Kaufman Assodote planner City of Ashland, Community Development Department 51 Winhurn Way, Ashland, OR 97520 541.552.2044 Tel 800.735.2900 Try 541,552.2050 Fax This email transmission is official business of the City of Ashlond, and it is subject to Oregon Public Records Law far disclosure and retention. if you hove received this message in error, please contact me at (S41j 552-2044, Thank you. From: Fotini Kaufman <fotini.kaufman@ashland.or.us> Sent: Thursday, September 5, 2019 12:51 PM To: Mark Brouillard <MTBrouiliard@msn.com> Subject: Re: Commissioners Swink and Emery and the 128 Central project Absolutely Mark, I'm happy to pass this on. Thanks! Fotini Kaufman Associate Plonner City of Ashland, Community Development Department 51 Winburn Way, Ashland, OR 97520 541.552.2044 Tel 800.735.2900 TTY 541,552.2050 Fax This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Low for disclosure and retention. if you have received this message in error please contact me at (541) 552-2044. Thank you. From: Mark Brouillard <MTBrouillard@msn.com> Sent: Thursday, Septemher S, 2019 11:47:14 AM To: Fotini Kaufman <fotini.kaufman@ashland.or.us> Subject: Commissioners Swink and Emery and the 128 Central project Ms. Kaufman, Can you please relay to Commissioners Swink and Emery that the main reason for concern with the 128 Central project is that we want to make sure that Mr. Baldwin doesn't accidentally miss a historical requirement and the project take even longer due to possibility of having a change or https:lloutlook.office366.com/mail/deepli nk?vers ion=2019090902.10&popoutv2=1 1 /1 ASHLAND HISTORIC COMMISSION Planning Application Review September 4, 2019 PLANNING ACTION: PA-T1-2019-00051 SUBJECT PROPERTIES: 154 Oak St OWNER/APPLICANT: Katherine Uhtoff/Rogue Planning & Development DESCRIPTION: A request for Commercial Site Review to allow the 534 square -foot rear first and second -story expansion of the retail store. The application also includes a Variance for a Historic Building to reduce required on -site parking and a Conditional Use Permit for a Food Truck. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; MAP: 39 1E 09BB; TAX LOT: 12100 Recommendation: The Historic Commission recommends approving the application as proposed. Department of Community Development Tel: 541-488-5305 20 East Main St. Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 s www.ashland.or.us Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CY OF PFW 541-488-5305 Fax:541-552-2050 www.ashland.or.us 'TTYIT :1-800-735-2900 -ASHLAND SUBJECT PROPERTY: 154 Oak Street OWNER/APPLICANT: Katherine Uhtoff DESCRIPTION: A request for Commercial Site Review to allow the 534 square -foot rear first and second -story expansion of the retail store. Thee application also includes a Variance for a Historic Building to reduce required on - site, parking and a Conditional Use Permit for a Food Truck. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP #: 391 E09BB; TAX LOT: 12100 NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday, September 4, 2019 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: August 27, 2019 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 10, 2019 154 Oak St. -20 9-00 PA-T�051 .4 ttIp" I I The Ashiand Nanning 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 cornpletewithin 30 days of submittai. 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. Ali appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.0150.13� 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 all 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, ail 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, it requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services BuRding, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact Fotini Kaufman at 541-488-53,05. Qkonun-de%Apf an nng'Xl an ning Aoians,Nloficinb Fold eAN I ai I ed Nolices k Sign s\201%P A -7 1-2019-00051 docx CONDITIONAL USE PERMITS 18.5�4.050.A A Condiflonal 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 afl 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 Fedora] 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 1825 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 fisted 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. I. 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, SITE DESIGN AND USE STANDARDS %51050 The following criteria shall be used to approve or deny an appficatiom A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards, B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below, D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E Exception to the Site Development aiO DesiUn &andaids. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist, G ACfioflsNN'o1icing FoldeAlMailed N'ofices& SignsUOMPAJ I -2019-00051.docx (cont.) SITE DESIGN AND USE STANDARDS 18.5,2.050 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. VARIANCE 18.5.5.050 The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as topography, natural features, adjacent development, or similar circumstances. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant. GAcamm-deOptanningTianning Actionl\oticing Foldec4\failed Aolices R Signs120191PA-Tt-2019-00051.doc-4 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 August 27,2019 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-TI-2019-00051, 1514 Oak Street. Signature of Employee DmrneW 80712019 PA-T1-2019-00051 391E098B 98001 PA-T1-2019-00051 39IE09BB 12300 PA-T1-2019-00051 391EO98B 10500 171 OAK STREET LLC BERMAN MITCHELL TRUSTEE ET AL CONKLIN JAMES D ET AL 530 BELL RD 10825 KULA HWY 3120 S STAGE RD TALENT, OR 97540 KULA, HI 96790 MEDFORD, OR 97501 PA-T1-2019-00051 391E09BB 12400 DELAUNAY DEBORAH 185 N PIONEER ST ASHLAND, OR 97520 PA-T1-2019-00051 391E09BB 11700 HAINES LLOYD M TRUSTEE ET AL 51 WATER ST 222 ASHLAND, OR 97520 PA-T1-2019-00051391E09BB 11600 MAGNOLIA INN VIEW LLC 55 POMPADOUR DR ASHLAND, OR 97520 PA-T1-2019-00051 391E091313 11300 RENICK KAREN 350 OXFORD ST ASHLAND, OR 97520 PA-T1-2019-00051 391E09BB 15600 SPARTAN ASHLAND NATALIE REAL ESTATE LLC 66 WATER ST 200 ASHLAND, OR 97520 PA-T1-2019-00051 391 E09BB 12600 YATES JOAN M ET AL 10 BUCHANAN ST NASHUA, NH 03060 PA-T1-2019-00051 391 E09BB 13000 PA-T1-2019-00051 391 E09BB 11900 FIRST INTERSTATE BANKIOR NA CIO GREG BAILEY ENTERPRISES II LLC THOMSON PROPERTY TAX SERVICES 4902 MT ASHLAND SKI RD PO BOX 2609 ASHLAND, OR 97520 CARLSBAD, CA 92018 PA-T1-2019-00051 391E09BB 11200 HAYES MERRILL E 191 OAK ST ASHLAND, OR 97520 PA-T1-2019-00051 391 E09BA 12000 MITCHELL MEGAN ANN 180 N PIONEER ST ASHLAND, OR 97520 PA-T1-2019-00051 391 E09BB 12200 RIGOTTI GARY R/YVONNE DUNN 12 PEBBLE CREEK DR EAGLE POINT, OR 97524 PA-T1-2019-00051 391E09BB 10300 STANDING STONE BREWING CO 101 OAK ST ASHLAND, OR 97520 PA-T1-2019-00051 391E09BB 12500 YATES JOAN M TRUSTEE ET AL 10 BUCHANAN ST NASHUA, NH 03060 PA-T1-2019-00051 154 Oak St ROGUE PLANNING & DEVELOPMENT 08/27/2019 NOC 33 N CENTRAL AVE STE 213 22 MEDFORD, OR 97501 PA-T1-2019-00051 391E09BA 11900 JONES MELODY J TRUSTEE ET AL 79 PINE ST ASHLAND, OR 97520 PA-T1-2019-00051 391E098A 11800 POTOCKISTAN 2020 CRESTVIEW DR ASHLAND, OR 97520 PA-T1-2019-00051 391E09BA 12100 RUSTY LLC HOLLEYJOAN L 2305 ASHLAND ST 312 ASHLAND, OR 97520 PA-T1-2019-00051 391E09BB 12000 UHTOFF KATHERINE J TRUSTEE ET AL 633 ROCA ST ASHLAND, OR 97520 PA-Ti-2019-00051 391EO98B 12700 YORK ELIZABETH G TRUSTEE ET AL 640 PRACHT ST ASHLAND, OR 97520 02W lip !1400 1120 ME PLANNING ACTION: PA-TI-2019-00051 AIa Tc Norm SUBJECT PROPERTIES: 154 Oak St OWNER/APPLICANT: Katherine Uhtoff/Rogue Planning & Development. DESCRIPTION: A request for Commercial Site Review to allow the 534 square -foot rear fiat and second -story expansion of the retail store. The application also includes a Variance for a Historic Building to reduce required on -site parking and a Conditional Use Permit for a Food Truck. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-I; MAP: 39 1E 09BB; TAXyy IryWLOT�:" 1r21010 �4 M,,. F�4„ Q M„ o*", ✓"� fl,. �r•VIf i„"Qf 'i a .Y' �'^", IX, N (,4leu 8/13/2019 Re: food truck proposal behind auto snap W"5 L'uthia Reply all tC11 Deiete Junk l v 1 Re: food truck proposal behind auto shop at 75 Lithia M ,Amy Gunter <aITTyguiitei-,plan�7itiigC ginail.com> Rue 8/13/2019 3:55 PM To: Fotni Kaufman Inbox IN 6 P Reply ail l v Bello Fotinl, The proposed food truck is Alfred's Arepas, It is a 16-foot long, 10-foot wide and 10-foot tall trailer. There is no outside BBC or cooking, The trailer is often setup at Flywheel in Talent on Hwy, 99, The proposal is to have the trailer on -site at least one day a week between 3 - 8 P.M., and set-up during the rnonthily First Fridays. (Those weeks, the truck wound be present twice during the week), I believe this answers the questions from the Fire Marshall, Thank you, Array Achy Gunter Rogue Planning & Development Services 541-951-4020 wtr r,r°ogLieepiannLag acrsnt This communication, Including anyattachments hereto or links contained hareim, is for the sole use ofthe Intended recipients) and may contalin information that as confidential or lagally protected.. If you are not the intended recipient, you arehereby notified that any review, disclosure, copying„ dissemination, distribution or use of this emmmunieation is prohibited. if you have received this communication in error, please notify the sender immedlately by return e-mail message and delete the original and all copies of the communication, along with any attachments, from your system, On Tue, Aug 13, 2019 at 3:14 PM Fotin'i Kaufman < r t° roi,@ aufrru'�an"�'�t��y .� wrote: Fin Amy, Can I expect additional narrative on the food truck from Marie or just the site plan? (I xvould have emailed her but I don't have her contact) Thanksl Fotini Kaufman Associate Plonrwr City of Ashland, Community Development Depat"tment 51 Winburn ",rosy, Ashland, OR 97520 541.552 2044 Tel 800,735,2900 TTY 541.552.2050 Fax �ry htips://outlook,offce366,com/owalprojecticn,aspx 1/2 IN THE MATTER OF PLANNING ACTION #PA-T 1 -2019-00051, A request for Commercial Site Design Review to add a small rear addition to the Northwest Nature Shop located at 154 Oak Street. The application also includes a request for a food truck every first Friday of the month in the adjacent private alley and a Variance to reduce the number of parking spaces provided on -site and to comply with federal ADA requirements. COMPREHENSIVE PLAN DESIGNATION: Commercial ZONING: C-1; ASSESSOR'S MAP: 39 IE 091313; TAX LOT: 12100 APPLICANTS: Amv Guinter. Roaue Planninia and Develooment, Services REQUEST FOR AN EXTENSION OF THE TIME LIMIT ORS 227.178(1) Applicants request a 30- day extension to the time limit set forth in ORS 227.178(1). KpplYtanO Applicant Date Date [Note: ORS, 227.178(5) provides that the "120-day period set in (ORS 22T 178(1)) may be extended for a specified period of time at the written request of the applicant. The total of all extensions may not exceed 245 days."] KenCaim Landnape ArchitectLL PAVER WALKWAY EXISTING WATER METER PAINTED ONE WAY WAYFINDING OR SIGNAGE EXISTING LIGHTPOLE. PARKING AND ACCESS EASEMENTS (EXG) SITE PLAN C:779L--FT7 0 8 16 24 N14W3164 Cf!r4% sTArpop T REG, 0 49�3 K---XtaCjj6F- my tiam 4 PE DRAWN BY, INTITALS 0)r�- 1, 16' w 0 < CL 0 w z Lr) w cl} Ci Z 6:5 0 T— iz co z < REVISION DATE NORTH COVER ISSUE DATE: A1,16'y 'I" o 19 17.19 L1,0 City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520 Telephone: 541-488-5305 Inspection Line: 541-552-2080 Plan Type: Type I Planning Action Work Class: Type I Planning Action PERMIT NUMBER PA-T1-2019-00051 Apply Date: 3120/2019 Ma &Tax Lot Prope Address 391F09BB12100 154 Oak St Owner Information. Applicant.lnformation Owner: Kathy Uhtoff Applicant: Rogue Planning and Development Owner 633 Roca St Applicant 33 N Central Ave 213 Address: Ashland, OR 97520 Address: Medford, OR 97501 Phone: (541) 482-3241 Phone: (541) 951-4020 I Commercial site desgn review & Variance/CUP for Food truck I Fee Description: Amount: Commercial Site Review (Type 1) $1,571.00 CUP {0. ��ri `�u�IL $361.25 Variance (Type 1) $1,071.00 Applicant: Date: Total'Fees $3,003.25 154 Oak Street q Northwest Nature Shop Alik ROGUE PLANNING 9 DEVELOPMENT SERVICES, LLC 7 July 16, 2019 AMENDED FINDINGS Site Design: Review Conditional Use Permit to expand / enlarge Non -Conforming Commercial property Conditional Use Permit for to allow for temporary food vending (food truck) Subiect Property Property Address: 154 Oak Street 147 Pioneer Street Map & Tax Lot: 39 1E 091313; Tax lots 12100 & 12000 Comprehensive Plan Designation: Commercial Zoning: C-1 Adjacent Zones: C-1, C-1-D and R-2 Railroad Historic District Detail Site Review Zone Property Owner: Katherine Uhtoff Trustee 633 Roca Street Ashland, OR 9,7520 Planning Consultation: Rogue Planning & Development Services, LLC 33 N Central Avenue, Suite #213 Medford, OR 97501 Architect: Carlos Delgado Architects 215 Fourth Street Ashland, OR 97520 Landscape Design: Kerry KenCairn, Landscape Architect 545 A Street, Suite #3 Ashland, OR 97520 Request: A request Site Design Review to allow for the construction of a small addition to the Northwest Nature Shop located at 154 Oak Street. The request includes a request for Conditional Use Permit to allow for the placement of temporary food vendor such, as food truck. The driveway and parking area is utilized by two properties. The properties at 154 Oak Street and 147 Pioneer Street are 'non, -conforming' Page 1 of 16 developments because the properties do not contain adequate setbacks, buffering, landscape areas, parking areas, etc. due to their hiistoiric development patterns. Modifications to the property are considered expansion, enlargement is of a non -conforming development. The changes to the parking lot necessitate compliance with federal accessibility standards and requires a variance to reduce the number of parking spaces provided on -site. Property Description: There are two properties affected by the proposal. 154 Oak Street (39 1E 09BB; 12100): The subject property is on the east side of Oak Street to the north of the Lithia Way and Oak Street intersection. The property is south of Ashland Auto Repair which spans the block between Oak Street to the west and Pioneer Street to, the east. The property is an approximately 4,105 square foot, rectangular lot with 47.49 feet of frontage on Oak Street and extending 86.44-feet to the east. t C,5127211A "CIA" 11 7GO 600 7010 OWN M k 4Z� 0 There is a 2,694 square foot, craftsman style, two-story, converted residence. The structure was constructed in 1908 and is considered a Historic Contributing structure in the Ashland Historic Resources Inventory. This livo-story wood- firained, stucco -clad divelling in the Craftsman -Bungalow style was buillfor George andEmina Cc? fee, retirees who had inoved to Ashland and constructed this home. Mr. Coffee died in 1915 and Mrs. Coffee in 1923. The Coffee House was converted to commercial iisesfirst as the longtime home of the Brass Rubbing Center, " a tourist -based use associated with Oregon Shakespeare Festival. It is now a retail store and while somewhat altered in character, retains sufficient integrity to relate its historic period of develolmient. The site has been in continuous operation as a retail establishment since the early 1980s. The 1,718 square foot ground floor is occupied by the retail portion of the Northwest Nature, Shop and the second floor is a 576-square foot, one -bedroom apartment. 147 / 149, N Pioneer Street (39 IE091313; 12100): This property is on the west side of North Pioneer Street, just north of the intersection of Lithia Way and N Pioneer Street, The property is triangular shaped and extends from N Pioneer Street to Oak Street. The property is approximately 4,792 square feet in area. The site is occupied by a 1,440-square foot, single story, concrete block structure that was constructed around 1971. In early 2017, (PA-2017-00005) the use of 147 Pioneer Street was converted from General Office use to Retail use. The parking area on the property included two vehicle parking spaces to the rear of the building in the same parking area as 154 Oak Street. Additional bicycle parking was provided for a vehicle credit, and a variance to the "j �j Page 2 of 16 required number of parking spaces to reduce by half for the preservation of an existing, Commercial, non -conforming structure in the Railroad Historic District was permitted. Both properties are zoned Commercial (C-1). Properties to the north, west, and south are also zoned C- 1. The adjacent properties to the north, south, and west are occupied by commercial businesses including automotive repair, retail, offices, miixed-use commercial / residential, Bed & Breakfast Inns, art gallery and restaurants. A public parking lot is located to the east across N Pioneer Street. A varying width (10-12-foot wide) asphalt surfaced, private driveway extends between Oak Street through to Pioneer Street. The driveway is located partially on the Pioneer Street parcel, the property to the Ashland Automotive parcel, and a very small portion of the driveway and the parking area; is located, on the 154 Oak Street parcel (see the attached site plan). ingress / egress easements are in place for some portions of the driveway. The actual easement areas and types of easements do not correlate to the uses on the ground. This issue is proposed to be amended / modified as part of the proposal. There are presently three, diagonal parking spaces ailong the property line near the driveway and two head -in parking spaces at the rear of the adjacent building at 147 North Pioneer Street. The subject property, 154 Oak Street and the adjacent property to the east at 147 Pioneer Street were owned separately for decades. In the recent past, the Uhtoff Family, long-time owners and operators of the Northwest Nature Store were able to purchase the adjacent property at 147 Pioneer Street. The property abuts Oak Street, according to the Transportation System Plan, Oak Street is an Avenue, the commercial zoning also has specific Street Design standards for Avenues. Oak Street along the frontage of the property is existing, non -conforming as it is fully improved with pavement, curb, gutter, landscape parkrow and sidewalk. The existing street does not have adequate right-of-way to provide required street improvements. The existing street improvements, specifically the width of the sidewalk and the landscaped park row, driveway separations, street lighting, lack of bike lane, etc., do not conform to the width or material requirements from the Street Standards for the development of an Avenue in the Commercial zones. Detailed Proposal: The request is for site design review to construct an addition to the existing NW Nature Shop to allow for the expansion of the structure by approximately 534-squaire feet. A small, ground floor addition of 74-sqaure feet is proposed, a second story addition of 460 square feet is proposed. The second story addition is proposed at the rear of the existing historic contributing structure. The majority of the structure is not proposed to be modified. The additional area allows for the relocation of the store's office and storage areas out of the ground floor, and allow for the ground floor, retail space to expand into the existing office and storage area. Included in the request is a request for a Conditional Use Permit to allow for the use of food trucks on the property. Ideally at least once a week from 3 PM — 8 PMi. During the First Friday Art Walk, there has been successful, enjoyable, neighborhood gatherings with small scale vendors and craftsperson's in the private driveway, the addition of the food truck enhances the neighborhood ambiance. The existing 1,718 square feet of retail use requires 4.9 spaces, and the second story apartment requires 1,5 spaces for a total of eight (8) spaces (7.4 rounded). With 1,792 square feet of retail proposed, 5.12 parking spaces are required. The additional, office space on the second floor requires .92 of a space (460/500 = 92). The 576 square foot, one -bedroom apartment requires 1.5 parking spaces. The proposal requires eight (8) or 7.54 parking spaces rounded. Though this is slightly more than what is presently required, it is still within the range of eight (8) parking spaces. The property has previously utilized the Historic Building parking reduction variance pursuant to AMC 18.4.3.020.E, that allows for, the reduction of the required number of parking spaces by half, or to four (4) spaces. Two parking spaces for the business as 147 Pioneer Street are required to be retained for a total of six (6) spaces. An van -accessible parking space that complies with the Federal, American Disability Act Standards (2010 ADA Standards) is required due to the changes to the parking lot layout, and the financial upgrades to the commercial building require commiserate accessibiility upgrades to the property. Other upgrades are proposed, including an accessible restroom and an accessible route is being proposed with the remodel of the NW Nature Shop. Even so, the accessibility standards require that the parking lot be the first upgrades for compliance with Federal ADA Standards. There is publicly available ADA parking available approximatly 250-feet to the east in the public parking lot on Pioneer and Lithia Way. On -street accessible parking is not permitted. The parking area cannot be enlarged due to the constraints of the, driveways and parking areas and the structures, the tree and the adjacent development patterns. The proposal includes Parking Management Strategies with an increased number of bicycle parking spaces by five. Also, a mixed -use credit for the apartment unit, which has historically not used by employees or owners of the NW Nature Shop to be off -set in the parking area during business hours. If the Variance was not more than 50 percent, these measures could be utilized as a mixed use credit or joint use of facilities credit in addition to the historic building preservation credit, but request to administratively grant Parking Mianagement Strategies is not allowed with a 50 percent or more reduction is sought. The parking lot is shared with Bestow and Bloom, the adjacent commercial property. That structure required five spaces, provides two on -site, and received a bicycle parking space credit and a variance to '15 '�"101 Page 4 of 16 reduce required parking by half. The two required parking spaces for 147 Pioneer Street are included in the parking area proposed to be redeveloped as part of this proposal. Excepting during food truck times, the property will function as previously approved. I As shown on the site plans it is the intention of the property owner to add directional signage the driveway as a one-way from Oak Street to N Pioneer. Also, the proposal includes removal of the asphalt and replacing areas with, permeable pavement and a meandering concrete strip to add interest and encourage foot traffic and make it evident on the ground that the driveway is not a public alley. The proposal sees forth the Comprehensive Plan Designation of the property as a commercial use. The highest and best use of the site is a retail business that will complement the other retail and restaurant businesses in immediate vicinity. The Northwest Nature Shop has been a main -stay, retail establishment for decades. Based on Yelp reviews, it is still a wonderful community asset. The property to the immediate north, has been the offices of Recology for many years. To the northeast, a former dry- cleaners site has recently been converted to art gallery and artist studio space. The building and the property underwent a major renovation. The two businesses to the north of that, Ruby's and Gil's are restaurant, bar/tap-house spaces that also underwent major renovations in the past few years and though newer to Ashland have, developed a dedicated following. The Bestow & Bloom property at 147 N Pioneer Street has been successful and provide a unique shopping experience just outside of the downtown. The store is working on an expansion out of the downtown area as well, but not to relocate their successful business. The applicant believes that the finding can be made that the continued use of the property at its highest and best use through the allowance of a Conditional Use Permit to expand a non -conforming development, a Conditional Use Permit to allow for the use of a food truck in the afternoons a few days a week, between 3 PM and 8 PM, and during the First Friday Art Walk (first Friday of each month) and a variance to the required vehicle parking spaces. That there will be no negative impacts to the livability of the Commercial zoning district, which is after alll a business district first and a quiet residential district, second. Findings that justify the variance to reduce the required parking for the preservation of existing commercial building stock in the historic district can be made since the request is not fundamentally seeking an increase in structure area that requires more parking, but the changes require repurposing of a parking space as an, ADA accessible van off-loading zone to increase business accessibility as required by federal law, state building code and local municipal code. The proposal will enhance the commercial viability of the existing, well -established in community supported commercial business. The existing site is non -conforming due to several reasons, from the building orientation to the parking layout, the lack of landscaping, lack of refuse area and no bicycle parking to name a few. With the reduction in impervious surfaces, tree preservation, installation of conforming covered and secured bicycle parking, street trees and frontage improvements an area that exceeds the proposed area of site enlargement. The proposal attempts to bring the property closer to conformance with the city standards while retaining the existing structure. Additionally, to add an exciting opportunity to upcoming, food businiesses, the NW Nature Shop finds that the inclusion of a food truck on the property hats a substantial positive impact on the neighborhood, During First Friday events, the two store on the private alley have been hosting entrepreneurs, artists, food truck, music and games with much success and enjoyment by the community. On the following pages are the written findings addressing the applicable criteria from the Ashland Municipal Code, the code is in Times New Roman font. The applicant's findings are in Cailibri font. Attachments: A) Landscape Site Plan (L.1) B) Site Plan (AS1.0) C) Elevations (A2.1 and A2.2) D) Tree and Planting Plan (L.2) J U L !"J 0 i 91 Page 6 of 16 "Y: Written findings for Site Design Review: AMC 18.5.2.050 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. The use of the property as a retail use complies with underlying zone, Commercial. The structure is a 19120s era, historic contributing residence that was converted to commercial uses. The Commercial zone does not have minimum lot sizes and excepting solar setbacks, there are no setbacks in the zone. The property has numerous non -conformities as it is a 1920s, residentiali structure, on a small parcel that was converted to a retail space, in the early 1980s. The proposed use does not increase the non - conformities, eight parking spaces are presently required, and eight spaces are required post construction. The proposals modifications to the driveway and parking area attempts to bring the site closer to conformance with the standards. Additionally, through the, implementation of on -site bicycle parking, clearly delineated vehicle parking spaces, planting of a street tree the non -conformities on site are reduced. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3 (Detail, Downtown and Historic District Overlays )). The property is pre-existing non -conforming with a pre-existing parking variance. The proposed addition at the rear of the structure complies with the purpose and intent of the Commercial zoning district and the purpose and intent of the Detail Site Review Zone, The proposed addition is historically compatible to the existing structure and will not have a negative impact on the structure's historic presence, orientation or designation as a historic contributing structure. requirements of the Site Review, Detail Site Review or Historic District Overlay standards. C. Site Development and Design Standards. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. The proposed addition of 460-square feet to the second story and 75-square feet to the ground floor for a total of 534 square feet is to a pre-existing, non -conforming site that was developed in the late 1970s / early 1980s is not able to fully comply with the current Site Development and Design Standards. Three significant site modifications are proposed to bring the property closer to the standards. Additional, bicycle parking spaces are proposed between the front of the structure and Oak Street. J �Ij 1111� 9 Page 7 of 16 An additional street tree and repair, of an existing street tree are proposed, and the driveway and parking areas are proposed to be resurfaced with permeable materials, signed as a one-way from Oak to Pioneer, and the vehicle parking spaces on the side of the building will be striped. Site Design Standards for Non -Residential Development: AMC 18.4.2.040 Basic Site Review Standards, Except as otherwise required by an overlay zone or plan district, the following requirements apply to commercial, industrial, non-residential and mixed -use development pursuant to section 18.5.2.020. See conceptual site plan of basic site review development in Figure 18.4.2.040.B. The proposed addition and site modifications do not affect the orientation and, scale of the Historic Contributing commercial structure. The facade of the structure is not proposed to be modified. The structures, facade occupies the majority of the street frontage. The parking is located to the side of and behind the fagade of the structure. The entrance is oriented towards the street and the proposed site improvements adding permeable pavement and a clear walkway from the street to the property enhance orientation and provide a public pedestrian plaza type of area that previously didn't exist. Street trees and a paver walkway are proposed to provide a better streetscape.The proposal is an expansion of a non -conforming development. The proposed addition does not further negatively impact the sites setback, structure orientation, etc. The, proposed expansion is 31 percent of the existing building square footage. The improved parking area, the improved drainage area under the parking area and driveway bring the site closer to conformance with the other applicable standards such as, improvements to storm water quality, provision of additional bicycle parking spaces that presently do not exist, and installation of a new street trees. The proposed site modifications proposed exceeds 31 percent of the site area. 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. Public facilities for water, sewer, electricity and urban storm drainage exist in a capacity to service the proposed addition of office space and no increase in services are expected. The property is on Oak Street which is paved with curb, gutter, landscaped park row and sidewalk. An approximiatly ten -foot wide asphalt driveway traverses the property providing access to the parking spaces and' the entrances of the retail tenant spaces. With the improvements, modifications to the public right of way, for the park row are proposed. A new street tree will be planted on the north end of the existing landscape park row. The existing street tree just north of the driveway will be lifted and replanted. Irrigation will be installed. A paver surface to access on -street parking is proposed within the park row. The additional bike Page 8 of 15 parking is proposed to off -set vehicle parking for the subject property and the adjacent businesses. 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. None requested Conditional Use Permit: AMC 18.5.4.050 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. The use of the, property as a retail establishment is consistent with the standards and uses allowed in the Commercial Zoning district. The proposal does not violated any city, state or federal laws. Parking of a food truck on the site is not in violation of any city, state or federal law or programs. 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. Public facilities for water, sewer, electricity and urban storm drainage exist in a capa;cityto service the proposed addition of office space and no increase in services are expected. The property is on Oak Street which is paved with curb, gutter, landscaped park row and sidewalk. An approximatly ten -foot wide asphalt driveway traverses the property providing access to the parking spaces and the entrances of the retail tenant spaces. The proposed improvements include modifications to the public right of way. A new street tree will be planted on the north end of the existing landscape park row. The existing street tree just north of the driveway will be lifted and replanted. Irrigation will be installed. A paver surface with U-Racks for secure bicycle parking facilities is proposed at the front of the structure. The additional bike parking is proposed to off -set vehicle parking for the subject property and the adjacent businesses. The proposed food truck parking has access to 220 volt power, and is typically self-contained for water and grey water drainage. Adequate transportation is provided to the site and during times Page 9 of 16 IV of food truck occupation of the site, parking is able to be found on the adjacent public streets, in the public parking lot that is 275-feet to the east, across Pioneer Street. 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 @ 8, 5,,,L,0,5 0, 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. The proposed addition to the structure is similar in bulk, scale and coverage as other commercial structures in the commercial zone. The proposed addition is lower in height than the existing historic contributing structure. The food trucks will be setback from the street, are temporary and will not have a negative impact of the commercial businesses in the commercial zone, directly adjacent to the downtown area. The properties in the immediate vicinity are also zoned commercial and, are for occupied by businesses uses. The nearest residential zone is across Pioneer Street, to the north, of the public parking lot and the structures on the property are occupied by short term accommodations, a small retail shop within a residence and two residential units approximatly 150-feet to the north of 147 Pioneer Street (Bestow and Bloom). The residential uses are more than 250-feet from the proposed food truck. b. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. Improved bicycle parking facilities are proposed as part of the proposal. Additionally, the changes to the "front yard" are include a public pedestrian plaza type area with pavers to enhance the pedestrian environment. The majority of the owners and employees of NW Nature Shop are frequent bicycle riders and they encourage their customers to walk or bike to the shop as well. The modifications to the driveway through the inclusion of permeable pavers, surface material modifications, changing the vehicle direction to one-way from Oak Street to Pioneer Street all increase the comfort for the pedestrian and bicyclist that travels to and through the property. c. Architectural compatibility with the impact area. Page 10 of 16 The proposed addition is architecturally compatible with the impact area. The majority of the immediately adjacent structures are clearly commercial in nature with boxy, rectangular masses. The existing NW Nature Shop structure is a converted residence. The proposed addition is more architecturally compatible with the historic contributing structure vs. the adjacent commercial developments. The temporary food truck will not have an impact on the architectural compatibility of the property. d. Air quality, including the generation of dust, odors, or other environmental pollutants. No impacts anticipated. e. Generation of noise, light, and glare. The noise, light and glare generated by the property is consistent with commercial uses in the commercial zone. Retail use is not known for its noise, light or glare. The business is closed at night. The outdoor, evening events where the food truck has been present during trial runs to determine the viability of this proposal were well attended by folks in the neighborhood and citizens alike. The noise, light and glare generated consistent with outdoor activities, noise, etc. that should be expected in the commercial zone. f. The development of adjacent properties as envisioned in the Comprehensive Plan. The development of the property does not have an adverse impact on 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. It is unknown what other factors found' relevant by the hearing authority would have adverse impacts on the adjacent properties. 4. A conditional use perinit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance, Food truck use is permitted with the approval of a conditional use permit. 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. d. C-I.The general retail commercial uses listed in chapter,M2,2 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. There are numerous non -conformities on the small, commercially zoned parcel that has none of its own parking. The property is within the detail site review overlay and the property is developed at an intensity of more than .50 floor area ratio. The purpose of the Conditional Use Permit review is to allow the expansion / enlargement of a non- conforming development. Variance: AMC 18.5.5.050 The approval authority through a Type I or Type 11 procedure, as applicable, may approve a variance upon finding that it meets all of the following criteria. 1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as topography, natural features, adjacent development, or similar circumstances. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance. The variance to reduce the required number of parking spaces from four to three is necessary due to the unique physical circumstances of the two subject properties. Both parcels are developed with pre- existing, non -conforming structures. Previous decisions allowed the properties to reduce the their required parking areas by half by utilizing a provision in the AMC (18.4.3.020.E.) which finds that the reuse of the historic building stock is an exception circumstance. The building at 154 Oak Street is a historic residence that was converted over 30 years ago to retail space. At that time the, parking was allowed to be reduced from eight spaces to four. The property area of 154 Oak Street and the lot area surrounding the structure is very limited in area. The majority of the parking area for 154 Oak Street (excepting a small area of one parking space) is on the adjacent property at 147 Pioneer Street. The Pioneer Street lot is long and triangular extending from Pioneer, through to Oak Street. This parcel also had a parking area reduction previously allowed to preserve the building stock and allow the reuse of the commercial building. The proposal further reduces the parking due to the American Disability Association federal standards that are adopted with the Oregon Structural Specialty Code. Ashland's Municipal code requires compliance with the applicable state and federal codes. 154 Oak Street provides none of its own on -site 'p �Page 12 of 16 J ,J L 2 parking as the structure covers nearly the entire parcel. All parking is provided on the adjacent property to the south, the location of 147 /149 Pioneer Street. The varilance is necessary due to the lot area and lot shape, the location of the existing structures, and the narrow, shared driveway that cannot be widened due to adjacent property development. Whether the building addition occurred, anything that triggered a building permit and due to proposed parking lot striping and layout changes, compliance with ADA standards would be required regardless of additional exterior construction,. 2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. The variance request as part of this application is to allow the reduction of an additional parking space, though the addition does not increase the required number of parking spaces beyond what is currently required. The requested variance of an additional parking space is the minimum necessary because the physical area for additional parking on the property does not exist. The structure is setback from the street, but parking is not allowed between, the building and the street. Additionally, a large black Locust tree is present between the building and the street, preventing the installation closer towards Oak Street. The proposed addition does not increase the parking demands beyond what has historically been required on the property and the addition does not modify the physical circumstances of the site. 3. The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. The proposal is to allow a small enlargement of a commercial structure in the commercial zone. This proposal furthers the purpose an intent of the Comprehensive Plan as it seeks to have the highest and best use in the commercial zones. The proposal includes site modifications that improve pedestrian and bicycle transportation to and through the site. The property is in the area of other locally operated, successful, small business that serve the existing neighborhood, downtown shoppers and downtown business employees. The addition allows for an established, successful business to retain their property and the use of their property as a retail establishment. Additionally, the proposed addition allows for the preservation of the residential use, this is a benefit to keeping residences in and around the downtown. The potential use of "mixed -use credit" and alternative vehicle parking reduction off -sets the negative impacts from the reduced number of on -site automobile parking spaces through the provision of increased multi -modal transportation options. Page 13 of 16 The allowance of a food truck which will reduce parking on the, property further, will be temporary in nature, primarily during the tourist season as dictated by weather. Food trucks provide start up businesses the ability to get their name and product out to the public in a mobile forum that allows for starter growth before ideally securing a brick and mortar space. This benefits the food truck operator. The ability to have additional food options that are typically more affordable than a traditional restaurant provides the neighborhood, employees of adjacent commercial establishments additional food choices in a timely manner is a benefit to the adjacent uses. This furthers economic development and economic diversity, furthering the goals and policies of the Comprehensive Plan element on Urbanization and Economic Development. 4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of'a property line adjustment or land division approval previously granted to the applicant. According to AMC 18.4.3.040 that reuse of the existing commercial building stock within the Historic District overlay is an exceptional circumstance and an unusual hardship for the purposes of granting a variance. The other reasons for the need for a variance is that the parking is nearly completely on an adjacent piece of property due to the location of the Historic Contributing structure that is at 154 Oak Street. In order to attempt to address the parking issues on the property and the adjacent property, the owners of 154 Oak Street purchased 147 Pioneer Street, The property owners have been attempting to remedy the parking situation through the acquisition of the property with the access and parking easements. The need for the present variance request is primarily due to the requirement from federal law that an ADA accessible parking space that has a van off-loading zone be provided. The applicant sought guidance, from the State Building Official and the City Building Official, Both indicated, their hands are tied and they cannot waive the requirement that a parking space be provided. Exception to the Street Standards: 18.4.6.020 1. Exception to the Street Design Standards. The approval authority may approve exceptions to the standards section in 18.4,6,040 Street Design Standards if all of the following circumstances are found to exist. None requested. The proposal is to provide space for one 25-foot long food truck to be parked in the alley between 154 Oak St. and 149 Pioneer St once a week from 3-8 pm. The truck would drive into Paige 14 of 16 the site from Oak St. A varying width from 16 feet to 32 feet private driveway traverses the property from Oak Street through to Pioneer Street, 138 feet in total lengths. The driveway is located partially on the adjacent property to the south, the property to the east and, the subject property. Easements are in place for the driveway. Electricity is provided on site to prevent the use of generators. Trash collection containers would be provided to deter litter and the food trucks would emphasize compostable and non - plastic food containers. The goal of the proposed food trucks is to engage the community and offer unique community -wide events to attract people to lesser visited areas of downtown Ashland. The aim is to convert a Ilittle-used alley to a vibrant urban space to complement and enhance pedestrian traffic to the brick and mortar businesses on Oak and Pioneer St. J U L 2 0 1 �Ii Page 15 of 16 Page 16 of 16 PAVER WALKWAY EXISTING WATER METER PAINTED ONE WAY - WAYFINDING OR,, SIGNAGE EXISTING - LIGHTPOLE PARKING AND ACCESS EASEMENTS (EXG) 7%0' COVERED BICYCLE SECTION S I T'E P L A N 77 0 a 16 24 KenCairn lAndscafie Architectu 'e .... . . . . . . . 541,4M 3194 K c CS rVIE OF OREC, N 0' 0 REG 9 4�93 L .,K c, i Fa 1 11, lin", VS� PE A DRAMI BY: INTIRALS SCALE t. L0 Lli > ry 0 cf) 0 z Lo co co JOB W 1631 REVISION DATE ISSUE DATE: Ll .0 TREE LESEND Cr® -T-T-r-ee—Protection DISH Height To6erance to Species # i Radius Zone Radius in Condition I Notes (inches) Construction in Feet —1jmEeot- Ee 30,r I Robinia psuedo-acacia 45' 4o, T N/A Good Good RETAIN Carex glauca 'Blue Zinger'- 20 (New) Acer palmatum - 1 0 z ---I F — - — - — — — - --- L:� "--- --- 0 8 16 24 1898' KenCairn Landscaj)e Architectu 5 5 A S7, S7E 3, AS R'Mlor � 9F 641,16 16 319 STATEO�F OILEGON r- REG 1493 > P DRAM BY: INTITIALS W 0 3: U) W 0/ :D z CD 04 w U-) W 0 T- U) Ca 0 0 2- z JOB NO 1931 REVOON DATE TREE PLAN AND PLANTING ISSUE DAM 3.7.19 10 111,488,3194 545 A Street KenCairn Fax: 541 .552,9512 Ashland, OR 97520 Landsccape Architecture Cell: 541,601 .5559 kerry@kencairniandscape.com WmAnCahnLaildscope,00M July 21, 2019 Regarding the very mature Black Locust (Robinea psuedoacacia) Tree # 1 on the tree protection and removal plan. Black Locust is regarded as having good tolerance to construction (good is the highest category). These trees are tolerant of root loss and fill around their roots, they do not like standing water and are considered extremely drought tolerant. In many cases Black Locust are considered weed trees. As it relates to this project, the Black Locust is already surrounded on two sides by a wall and the other two by paving, the tree is clearly adapted to the site and the conditions as they are now and as proposed, the proposed walls and paving do not alter the trees current exposures to air, water, and compaction. This project will involve removal and replacement of the existing walls and paving. It is our opinion that the tree will not suffer any negative effects from, this work. If the construction is performed in the summer time, the tree needs to receive water while the roots are uncovered and until the new paving is put in. Roots should be covered with 3" of mulch once the paving is removed, the mulch is to remain in place and gravels and compaction to occur over the mulch to protect and nourish the tree roots. JUL 2 4 M . ...... . ... Date Received R I r E V(Lwo`,'� �E. 110,�,V/ E D (to be completed by staff) Applicant's Statement of Completeness (To be completed by the Applicant and returned to the City of Ashland Planning Division) Re: PA-Tl -2019-00051, 154 Oak Street Date Application Expires: September 16, 2019 Pursuant to an Incompleteness Determination, 1, the undersigned applicant or agent for the applicant, elects one of the three options below by initiating: ( lkf) 1. Submit All of the Missing Information (Ire tial if elected) I am submitting all of the information requested in the Incompleteness, Determination letter. Unless checked below, I am requesting that the City of Ashland Planning Division review this additional information within 30 days of submission to determine whether the application is complete. I understand that this 30-day review for completeness period- for the new information preserves my opportunity to submit additional materials, should it be determined that the application is still incomplete after the second review. (Note: the 120-day period for the City of Ashland's final determination of compliance with applicable criteria does not commence until the additional review for completeness period is completed-.) Check if desired I waive further review of the information submitted for completeness mad direct review of the information submitted for compliance with the Community Development Code criteria, regardless of whether the application is, in fact, later determined by the staff to be incomplete. I understand that by checking the above statement the application will be evaluated based upon the material submitted and no -notice of any missing information will be given. If material information is missing from the application, the application will fail to meet the burden of showing that all criteria are met, and the application will be denied. Community Development Dept, Tel: 541A88-5305 20 E. Main Street Fax: 541-188-531111 A"11 Ashland, Oregon 97520 TTY: 800-735-2900 PEN WWWAsWand.orms 2. Submit Some of the Requested Information: Decline to Provide Other Information (Initial if elected) I am submitting some of the information requested and declining to submit other information requested in the Incompleteness Determination letter. I understand that by declining to submit all information the City of Ashland believes necessary, the Ashland Planning Division may conclude that the applicable criteria are not met and a Denial will be issued or recommended. (.� 3. Decline to Provide any of the Requested Information (Initial if elected.) I decline to provide any of the information requested. I understand that the Community Development Department may conclude that the applicable criteria are not met and a Denial will be issued or recommended. Signed and Aelmowledged (Applicant or Applicant's Agent) Date Return to: Planning Division Department of Community Development City of .Ashland 20 E. Main St. Ashland, OR 97520 Community Development Dept. Tel: 541.48M305 20 E. Main Sfreet Fax; 541468-5311 FAR Ashland, Oregon 97520 TTY: 800-735-2900 ww,ashland.or.us M7141 154 Oak Street Northwest Nature Shop RECEIVED I Of 11016b ROGUE PLANNING 6 DEVELOPMENT SERVICES, LLC 2019 Site Design Review Conditional, Use Permit to expand / enlarge Non -Conforming Commercial property Subject Property Property Address: 154 Oak Street Map & Tax Lot: 39 1E 09BB; Tax lots 12100 Comprehensive Plan Designation: Commercial Zoning: C-1 Adjacent Zones: C-1, C-1-D and R-2 Railroad Historic District Detail Site Review Zone Property Owner: Katherine Uhtoff Trustee 633 Roca Street Ashland, OR 97520 Planning Consultation: Rogue Planning & Development Services, LLC 33 N Central Avenue #213 Medford, OR 97501 Architect: Carlos Delgado Architects 215 Fourth Street Ashland, OR 97520 W A, W 6 Landscape Design: Kerry KenCairn Landscape Architect 545 A Street #2 Ashland, OR 97520 J Re nest: A request Site Design Review to, allow for the construction of an addition to the Northwest Nature Shop located at 154 Oak Street, due to the parking configuration, a Variance to the required on -site parking is required. The requested expansion, enlargement is of a non -conforming development. Page 1 of 15 Property Description: The subject property is on the east side of Oak Street to the north of the Lithia Way and Oak Street intersection. The property is south of Ashland Auto Repair which spans the block between Oak Street to the west and Pioneer Street to the ealst. The property is zoned Commercial (C-1). Properties to the north, west, and south are also zoned C-L The adjacent properties to the north, south, and west are occupied by commercial businesses including automotive repair, retail, offices, mixed -use commercial / residential, Bed & Breakfast Inns, art gallery and restaurants. A public parking lot is further to the east across N Pioneer Street. The subject property is an approximately 4,105 square foot, rectangular lot. There is a 2,294 square foot, craftsman style, two-story, converted residence. The structure was constructed in 1908 and is considered a Historic Contributing structure in the Ashland Historic Resources Inventory. This two -stony wood- fi-amed, slucco-clad dwelling in the Owfisman-Bi4ngalow style was builtjbi- Geoi-ge and Einina Cqffee, i-effi-ees who had moved to Ashland and constructed this home. Mt-. Coffee died in 1915 and Mi-s. Cof .fee in 1923, The Coffee House was converted to connnea-cial uses, fliv as the longlime home of the Brass Rubbing Cente7-, " a tow-ist-based use associated with Oi-egon Aakespeat-e Festival. It is now a retail stoi-e and while somewhat alley-ed in chai-actei-, i-etains suJficient integi,ity to relate its histol-ic pet-iod of development. C$ 12720, 6'0 121 1-120 11900 19 MOO The site has been in continuous operation as a retail establishment since the early 1980s, The 1,718 square foot ground floor is occupied by the retail portion of the Northwest Nature Shop and the second floor is a 576-square foot, one -bedroom apartment. A varying width (10-12-foot wide) asphalt surfaced, private driveway extends between Oak Street through to Pioneer Street. The driveway is located partially on the adjacent property to the south,, the property to the east, and a very small portion of the driveway and the parking area is located on the subject property (see the attached site plan). Ingress / egress easements are in place for some portions of the driveway, The actual easement areas and types of easements do not correlate to the uses on the ground. This issue is proposed to be amended / modified as part of the, proposal. There are presently three, diagonal parking spaces along the property line near the driveway and two head -in parking spaces at the rear of the adjacent building at 147 North Pioneer j�""throe d --ioj Bestow & Bloom. There is a bike parking structure near the outdoor patio area. 'P'11 K v Page 2 of 15 Historically, the subject property, 154 Oak Street and the adjacent property to the east at 147 Pioneer Street were owned separately. In the recent past, the Uhtoff Family, long-time owners and operators of the Northwest Nature Store were able to purchase the adjacent property at 147 Pioneer Street, In early 2017, the use of 147 Pioneer Street was converted from General office use to Retail use. The layout, coverage and parking areas on the property were proposed with two spaces to the rear of the building, additional bicycle parking for a vehicle credit, and a variance to the required number of parking spaces to reduce by half for the preservation of an existing, Commercial, non -conforming structure in the Railroad Historic District, Oak Street is an Avenue according to the Transportation System Plan, Street Classification Map and is located in the commercial zone. Oak Street is fully improved with pavement, curb, gutter, narrow, landscape parkrow and sidewalk. The existing street does not have adequate right-of-way to provide "required" street improvements, i.e., bike lanes. The existing street improvements, s,pecificailly the width of the sidewalk and the landscaped park row, driveway separations and street lighting, do not conform to the width or material requirements from the Street Standards for the development of an, Avenue in the Commercial, zones. Detailed Proposal The request is to construct an addition to the existing NW Nature Shop to allow for the expansion of the structure by approximately 534-square feet. A small, ground floor addition of 74-sqaure feet is proposed, a, second story addition of 460 square feet is proposed. The second story addition is proposed on the rear of the structure over the, portion of the building that is near the rear and side property line. The proposal would relocate office and storage areas out of the ground floor and allow for the ground floor to expand into the existing office and storage area. The expansion can be found to be an expansion / enlargement of a non -conforming development per AMC 18.1.4.040. Existing uses of 154 Oak Street require 7.4 parking spaces, 4.9 parking spaces are required for the ground floor retail and the second story apartment requires 1.5 spaces. With 1,792 square feet of retail proposed, 5.12 parking spaces are required. The additionally office space on the second floor requires.92 of a space (460/500 = .92). The 576 square foot, one -bedroom apartment requires 1.5 parking spaces. The proposal requires 7.54 parking spaces, slightly more than what is presently required. The property has previously utilized the Historic Building parking reduction Variance that allows for the reduction of 50 percent of the required number of parking spaces. I N% �, I The proposal includes an increase in the number of bicycle parking spaces by five tof't �fi required parking spaces bis one vehicle parking space. The apartment unit s not u "f er( [J`w J11 A Page 3 of 15 owners of the NW Nature Shop and it can be found that the residential use is off -set for some of the week when the tenant is away and the parking space is free. The parking lot is shared with Bestow and Bloom, the adjacent commercial property. That structure required five space, provides two on -site (shared with NW Nature), and received a bicycle parking space credit and a, variance to reduce required parking by half. The two required parking spaces for 147 Pioneer Street are included in the parking area proposed to be redeveloped as part of this proposal. The proposed parking area has five vehicle parking spaces, retaining what is presently on -site. As shown on: the site plans it is the intention of the property owner to sign the driveway as a one-way from Oak Street to N Pioneer. Also, the proposal includes removal of the asphalt and replacing areas with permeable pavement and a meandering concrete strip to add interest and encourage foot traffic and make it evident on the ground that the driveway is not a public alley. The proposal sees forth the Comprehensive Plan Designation of the property as a commercial use. The highest and best use of the site is a retail business that will complement the other retail and restaurant businesses in immediate vicinity. The Northwest Nature Shop has been a main -stay for decades and biased on Yelp reviews is still a wonderful community asset. The property to the immediate north, has been the offices of Recology for many years. To the northeast, a former dry-cleaners site has recently been converted to art gallery and artist studio space. The building and the property underwent a major renovation. The two businesses to the north of that, Ruby's and Gil's are restaurant, bar/tap-house spaces that also underwent major renovations in the past few years and though newer to Ashland have developed a dedicated following. The Bestow & Bloom property at 147 N Pioneer Street has been successful and provide a unique shopping experience just outside of the downtown. The applicant believes that the findings can be made that the continued use of the property at its highest and best use through the allowance of a CUP to expand a non -conformity and a variance to parking. (Findings that justify the variance to reduce the required parking for the preservation of existing commercial building stock in the historic district and the exception to the street standards to provide landscape park row and paver surface for additional bicycle parking spaces instead of the hardscape park row are included in this document. The proposal will enihance the commercial viability of the existing, well -established in community supported commercial business. The existing site is non -conforming due to several reasons, from the building orientation to the parking layout, the lack of landscaping, lack of refuse area and no bicycle parking to name a few. Though the site and building are not proposed to be expanded or enlarged, the applicant finds that the proposed change of use has a higher parking requirement than the previous office uses. The proposal is an attempt to bring the property closer to conformance with the city standards while retainiing the existing structure. � EE of /A `y On the following pages are the written findings addressing the applicable criteria from the Ashland Municipal Code, the code is in Times New Roman font. The applicant's findings are, in Calibri font. Attachments: A) Landscape Site Plan (L.1) B) Site Plan (AS1.0) C) Elevations (A2,1 and A2.2) D) Tree and Planting Plan (L,2) Page 5 of 15 Written findings for Site Design Review: AMC 18.5.2.050 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, The use of the property as a retail use complies with underlying zone, Commercial. The structure is a 1920s era, historic contributing residence that was converted to commercial uses. The Commercial zone does not have minimum lot sizes and excepting solar setbacks, there are no setbacks in the zone. The property has numerous inon-conformities as it is a 1920s, residential' structure on a small parcel that was converted to a retail space in the early 1980s. The proposed use does not increase the non - conformities, eight parking spaces are presently required, and eight spaces are required post construction. Thie proposal and amending the way the driveway and the two properties that depend upon the driveway and the parking area attempts to bring the site closer to conformance with the standards through the implementation of on -site, bicycle parking, clearly delineated vehicle parking spaces, planting of a street tree and installation of additional bicycle parking to provide neighborhood bicycle parking spaces in the right-of-way. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3 (Detail, Downtown and Historic District Overlays)). The property is pre-existing non -conforming with a pre-existing parking variance. The proposed addition at the rear of the structure complies with the purpose and intent of the Commercial zoning district and the purpose and intent of the Detail Site Review Zone. The proposed addition is historically compatible to the existing structure and will not have a negative impact on the structure's historic presence, orientation or designation as a historic contributing structure. The non -conforming site does not comply with the Site Review or Detail Site Review standards as the construction took place prior to the adoption of the current design standards. The proposed addition does not affect the Historic District Overlay standards. Thee property is located within the Railroad Historic District and the property is occupied by a Historic Contributing Structure. Height: The proposed height is nearly identical to the existing structure, is similar in height as the two story structure on the adjacent property to the north and is less than the maximum height in the Commercial zone. Scale: lilU'4 0 PI 1, rx Rm The small addition is consistent in scale as the existing structure and the acIP r' s WF' 11 LIIC Massing: The proposed addition is consistent with the mass of the historic structure. The small addition will not affect the street orientation of the existing structure. The proposed addition matches the trim details, siding, rhythm of openings, eave overhangs and color matching. The proposed covered bike parking area has a similar roof pitch as the existing structure. Setback: The proposed addition is at the rear of the structure and is consistent with the commercial zone setbacks. The proposed bike parking area exceeds the setback in the zone. Roof; The roof shape of the addition to the historic structure and the covered bike parking is consistent with the materials in the vicinity. The roof materials will match the existing. Rhythm of Openings: The proposed addition has windows that are the same material, shape and sizes as the existing structure. The visibility of the structure from the right-of-way is limited and the historic character of the existing structure will not be affected by the proposal. Base: N/A Form: The vertical and horizontal massing is consistent with the existing historic building. Entrances, The existing well-defined primary entrance is not affected by the proposed. The covered bicycle parking area will not detract from the primary, street fa§ade of the structure and will not negatively affect the existing site orientation of the street. Imitation: The proposed addition is similar with material choices and dimensions to match the existing. The proposed addition to the structure is visually unobtrusive from the public right-of-way and does not obscure or destroy the character defining features of the existing structure. 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 s,') e�tion E, below. r The proposed addition of 460-square feet to the second story and 75-square feet to e" ground 'r"o' "nd' floor for a total of 534 square feet is to a pre-existing, non -conforming site deer to ' _ped Page 7 of 15 in the late 1970s / early 1980s is not able to fully comply with the current Site Development and Design Standards. Three significant site modifications are proposed to bring the property closer to the standards. Additional, publicly available bicycle parking spaces are proposed in the park row on Oak Street. An additional street tree and repair of an existing street tree are proposed, and lastly, the vehicle parking spaces on the side of the building will be striped!. Site Design Standards for Non -Residential Development: AMC 18.4.2.040, Basic Site Review Standards. Except as otherwise required by an overlay zone or plan district, the following requirements apply to commercial, industrial, non-residential and mixed -use development pursuant to section 18.5.2.020. See conceptual site plan of basic site review development in Figure 18.4.2.040.8. The proposed addition and site modifications do not affect the orientation and scale of the Historic Contributing commercial structure. The fagade of the, structure is not proposed to be modified. The structures fagade occupies the majority of the street frontage. The parking is located to the side of and behind the fagade of the structure. The entrance is oriented towards the street and the proposed site improvements adding permeable pavement and a clear walkway from the street to the property enhance orientation and provide a public pedestrian plaza type of area that previously didn't exist. Street trees and a paver walkway are proposed to provide a better streetscape. The proposal is an expansion of a non -conforming development. The proposed addition does not further negatively impact the sites setback, structure orientation, etc. The proposed expansion is 31 percent of the existing building square footage. The improved parking area. The improved drainage area under the parking area and driveway bring the site closer to conformance with the other applicable standards such as providing a public pedestrian plaza area with pavers between the building and the street, improvements to storm water quality, provision of additional bicycle parking spaces that presently do not exist, and installation of a new street trees. The proposed site modifications proposed exceeds 31 percent of the site area. 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. Public facilities for water, sewer, electricity and urban storm drainage exist in a capacity to service the proposed addition of office space and no increase in services are expected. The property is on Oak Street which is paved with curb, gutter, landscaped park ,weana Page 8 of 15 An approximatly ten -foot wide asphalt driveway traverses the property providing access to the parking spaces and the entrances of the retail tenant spaces. With the improvements, modifications to the public right of way, for the park row are proposed. A new street tree will be planted on the north end of the existing landscape park row. The existing street tree just north of the driveway will be lifted and rep[anted. Irrigation will be installed. A paver surface with bicycle parking facilities for public use are proposed within the park row. The additional bike parking is proposed to off -set vehicle parking for the subject property and the adjacent businesses. 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. None requested Conditional Use Permit: AMC 18.5.4.050 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. The use of the property as a retail establishment is consistent with the standards and uses allowed in the Commercial Zoning district. The proposal does not violated any city, state or federal laws. 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. Public facilities for water, sewer, electricity and urban storm drainage exist in a capacity to service the proposed addition of office space and no increase in services are expected. The property is on Oak Street which is paved with curb, gutter, landscaped park row and sidewalk. An approximatly ten -foot wide asphalt driveway traverses the property providing access to the parking spaces and the entrances of the retail tenant spaces. The proposed improvements include modifications to the public right of way. A new street tree will be planted on the north end of the existing landscape park row. The existing street tree 5t,,, north of the driveway will be lifted and replanted. Irrigation will be instal, .�A",',, pb" rr� with U-Racks for secure bicycle parking facilities available for public use 4�p�r dp6�s'e!l 'within the ("J, J V" Page 9 of 15 park row. The additional bike parking is proposed to off -set vehicle parking for the subject property and the adjacent businesses. 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 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. The proposed addition to the structure is similar in bulk, scale and coverage as other commercial structures in the commercial zone. The proposed addition is lower in height than the existing historic contributing structure. b. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. Improved bicycle parking facilities are proposed as part of the proposal. Additionally, the changes to the "front yard" are include a public pedestrian plaza type area with pavers to enhance the pedestrian environment. The majority of the owners and employees of NW Nature Shop are frequent bicycle riders and they encourage their customers to walk or bike to the shop as well. c. Architectural compatibility with the impact area. The proposed addition is architecturally compatible with the impact area. The, majority of the immediately adjacent structures are clearly commercial in nature with boxy, rectangular masses. The existing NW Nature Shop structure is a converted residence. The proposed addition is more architecturally compatible with the historic contributing structure vs. the adjacent commercial developments. d. Air quality, including the generation of dust, odors, or other environmental pollutants. No impacts anticipated, c. Generation of noise, light, and glare. The noise, light and glare generated by the property is consistent with commercial uses in the commercial zone. Retail use is not known for its noise, light orV4"l' 4,—, !usfriq� s v"", p is closed at night. 90 to f The development of adjacent properties as envisioned in the Comprehensive Plan, The development of the property does not have an adverse impact on, 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. It is unknown what other factors found relevant by the hearing authority would have adverse impacts on the adjacent properties. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. Retail use is a permitted use in the Commercial zone. 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. d. C-1. The general retail commercial uses listed in chapter i � '52 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. There are numerous non -conformities on the small, commercilally zoned parcel that has none of its own parking. The property is within the detail site review overlay and the property is developed at an intensity of more than .50 floor area ratio. The purpose of the Conditional Use Permit review is to allow the expansion / enlargement of a non- conforming development. Variance: AMC 18.5.5.050 The approval authority through a Type I or Type H procedure, as applicable, may approve a variance upon finding that it meets all of the following criteria. 1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as topography, natural features, adjacent development, or similar circumstances. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance. ,'J e"SWA, The variance to reduce the required number of parking spaces from eight to three i the small size of the parcel that has less than one of its own required parking spaces'. the'loc'ation of o. Page 11 of 15 the existing structures, NW Nature Shop and the structure at 147 and 149 Pioneer Street, and the narrow shared driveway that cannot be widened due to adjacent property development prevents the construction: of additional vehicle parking spaces. 2. '171-te variance is the minimum necessary to address the special or unique physical circumstances related to the subject site, The variance request as part of this application is to allow the reduction of an additional parking space, though the addition does not increase the required number of parking spaces beyond eight, there are three — spaces presently on -site and three spaces will remain, The requested variance of an additional parking space as demonstrated in the proposed parking layout, is the minimum necessary because the physical area for additional parking on the property does not exist. The structure is setback from the street, but parking is not allowed between the building and the street. Additionally, a large black Locust tree is present between the building and the street, preventing the installation closer towards Oak Street. The proposed addition does not increase the parking demands beyond what has historically been required on the property and the addition doles not modify the physical circumstances of the site. 3, The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. The proposal is to allow a small enlargement of a commercial structure iin the commercial zone. This proposal furthers the purpose an intent of the Comprehensive Plan as it seeks to have the highest and best use in the commercial zones., The proposal includes site modifications that improve pedestrian and bicycle transportation to and through the site. The property is in the area of other locally operated, successful, small business that serve the existing neighborhood, downtown shoppers and downtown business employees. The addition allows for, an established, successful business to retain their property and the use of their property as a retail establishment. Additionally, the proposed addition allows for the preservation of the residential use, this is a benefit to keeping residences in and around the downtown. The potential use of "mixed -use credit" and alternative vehicle parking reduction off -sets the negative impacts from the reduced number of on -site automobile parking spaces through the provision of increased multi -modal transportation options. 4. The need for the variance is not self-imposed by the applicant or property ownerlfor�ex4rnplej,, the, 1'hf, variance request does not arise as result of a property line adjustment or land divisi6 llfiplii6�Al previously granted to the applicant, J Page 12 of 15 According to AMC 18.4.3.040 that reuse of the existing commercial building stock within the Historic District overlay is an exceptional circumstance and an unusual hardship for the purposes of granting a variance. The other reasons for the need for a variance is that the parking is nearly completely on an adjacent piece of property due to the location of the Historic Contributing structure that is at 154 Oak Street. In order to attempt to address the parking issues on the property and the adjacent property, the owners of 154 Oak Street purchased 147 Pioneer Street. The property owners have been attempting to remedy the parking situation through the acquisition of the property with the access and parking easements. Exception to the Street Standards: 18.4.6.020 1. Exception to the Street Design Standards. The approval authority may approve exceptions to the standards section in 18.4.6.040 Street Design Standards if all of the following circumstances are found to exist. The request is to retain a portion of the existing landscape park row that is connected to a landscape park row on the property to the north and to install public bicycle parking on pavers or concrete surface instead of just hardscape park row as required for Neighborhood Commercial Streets. a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. The existing park rows on Oak Street, are landscape park rows, and not hardscape park row as envisioned in the Street Standards of the Municipal Code. The proposal maintains consistency with the existing street scape, b. The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable. ii. For bicycle facilities, feeling of safety, quality of experience, and frequency of conflicts with vehicle cross traffic, Oak Street does not have dedicated bicycle lane but due to the proximity to downtown, A and B Streets, the Co-O�p, etc. there is a number of bicyclist. The proposed public spaces will improve safety and the quality of the bicyclist experience. iii. For pedestrian facilities, feeling of safety, quality of experience and ability to safety and efficiency crossing roadway. The existing sidewalk is consistent with the sidewalk development pattern one Oak Street and on Pioneer Street, improved park rows including new street tree, and,,bicycle parking improve the quality of experience for pedestrians visiting passing through. VV 'J"J ge J , Of 1s c. The exception is the minimum necessary to alleviate the difficulty. The requested exception is the minimum necessary to provide for a consistent street pattern and to improve bicycle parking facilities in the public realm. d. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. The, purpose of the Street Standards seeks to improve the existing and provide multiple transportation options. With a focus on a safe environment for all users, using the streets as public spaces, and enhancing the livability of the neighborhood, the proposed bicycle parking and landscape park row achieve this, purpose. The exception furthers the intent of the Street Standards which speak to developing healthy, livable streets with sidewalks shaded by trees for pedestrian comfort while addressing the mix of pedestrian, bicycle, and motor vehicle traffic by providing additional bicycle parking facilities and astreet tree to provide shade. I 'A, H Page 14 of 15 r Page 15 of 15 Z-! 0 ry WATER XISTING METER PAINTED ONE W WAYFINOING OR SIGNAGE EXISTING LIGHTPOLE PARKING AND ACCESS EASEMENTS(EXG) STANDING SEAM METAL ROOF AUJ, BLW AUJ, as PARKING 5 TOTAL VEHICLE PARKING SPACES I ADA AND OFFLOAD 2 STANDARD 1 8'X 9 2 COMPACT 16'X 8' 8 COVERED STANDARD BICYCLE SPACES ACCESS AND PARKING SHARED ACROSS SITE DRIVE TO BECOME ONE WAY TO FACILITATE SAFE PARKING MANUIEVERING LOT COVERAGE INFORMATION EXISTING LOT 4110 sqaure feet ALLOWABLE LOT COVERAGE 85% 0.85 x 4110 = 3493.5 PROPOSED LOT COVERAGE 75.59/6 (3110 S.F.) 3110 / 4110 = 0.756% TOTAL PAVING (concrete, asphalt, pavers) = 1126 s.f. TOTAL BUILDING (includes peach) = 1984 0. SITE PLAN- m=1==j== 0 8 16 24 9 N 1898' NORT�HI KenCaim Landscape Archilectum Yr 5 A Sr, SM 3. A%A AMOR 97S JAMM4 Pf 0_ STAU 0F"6 OREMN RE(3-4f 493 Keay CA'a 111-0 DRAWN BY: INTITIALS SCAff--- I"m W w 0 U) Uj 0� D z CD C-4 w, 0" 0 U) < 0 0 Z < JOB No' 1831 REVISION DATE COVER ISSUE DATE: 9.7.19 L1 .0 KenCaim Landscape Archilectum Yr 5 A Sr, SM 3. A%A AMOR 97S JAMM4 Pf 0_ STAU 0F"6 OREMN RE(3-4f 493 Keay CA'a 111-0 DRAWN BY: INTITIALS SCAff--- I"m W w 0 U) Uj 0� D z CD C-4 w, 0" 0 U) < 0 0 Z < JOB No' 1831 REVISION DATE COVER ISSUE DATE: 9.7.19 L1 .0 April 18, 2019 Rogue Planning & Development 33 Central Avenue, Suite 213 Medford, OR 97501 RE: PA-T1-2019-00051 property located at 154 Oak Street Incompleteness Determination Dear Amy: C I T Y O F -ASHLAND I have reviewed your application received on March 20`t' for Site Design Review and Variance for 154 Oak Street. After examining the materials presented, I have determined that the application is incomplete because the information listed below was not provided. Incomplete applications are subject to delay in accordance with ORS 227.178. The application cannot be further processed and deemed complete until the missing information is submitted or the applicant indicates that the missing information will not be provided. 1. Tree Protection Submission Requirements -- Ashland Municipal Code 18.4.5.030.B.3 Tree Protection Plan requirements for "recommendations for treatment for each tree". A large Black Locust tree is situated near the sidewalk at the front of the property and its dripline is proposed to be impacted by the further development of the property. Since earthwork is proposed in the dripline of tree, a recommendation for the tree's treatment during construction to ensure preservation and protection is requested. 2. Relocation of the proposed bike parking — Staff sees the value in proposing additional bike parking to offset the request for a Variance for a reduction in parking. Unfortunately, we cannot approve bike parking in the park row (per 18.4.3.070) and suggest proposing an alternative location. 3. Historic District Design Standards --The Historic District Design Standards of 18.4.2.050 are not addressed in the application's narrative. Note: It appears building code ADA requirements could potentially impact and modify the proposed project, and we suggest looking into those requirements further to ensure the proposal is not impacted to the degree that would require altering the requests in the planning application. To continue review of your application, you must select and complete one of the following three options: Community Development Dept. Tel: 541488-5305 20 E. Main Street Fax: 5411488006 Ashland, Oregon 97520 TTY: 800-735-2900 Nmymashland.or.us 1. Submit all of the missing information; 2. Submit some of the requested information and give the City of Ashland Planning Division written notice that no other information will be provided; or 3. Submit written notice to the City of Ashland Planning Division indicating that no other information will be provided. Please note that failure to complete one of the three options within 180 days of the application submittal date (March 20, 2019) will result in your application being deemed void. The application will be deemed void if the additional information is not submitted by September 16, 2019. I have enclosed a form, entitled the "Applicant's Statement of Completeness." Please review the enclosed form and return it to me with any additional material you will be submitting. Your application will not be further processed until the Applicant's Statement of Completeness form is completed and received by the City of Ashland Planning Division. If you have questions, please contact me at 541-552-2044 or fotini.kaufman@ashland.or.us. Sincerely, Fotini Kaufman Associate Planner Encl: Applicant's Statement of Completeness Cc: File 2 Community Development Dept. Tel: 541.488-5305 20 E. Main Street Fax: 541A88-6006 Ashland, Oregon 97520 TTY: 800-735-29W www.ashland.or.us Date Received (to be completed by staff) Applicant's Statement of Completeness (To be completed by the Applicant and returned to the City of Ashland Planning Division) Re: PA-T1-2019-00051, 154 Oak Street Date Application Expires: September 16, 2019 Pursuant to an Incompleteness Determination, I, the undersigned applicant or agent for the applicant, elects one of the three options below by initiating: ( t. Submit All of the Missing Information (Initial if elected) I am submitting all of the information requested in the Incompleteness Determination letter. Unless checked below, I an, requesting that the City of Ashland Planning Division review this additional information within 30 days of submission to determine whether the application is complete. I understand that this 30-day review for completeness period for the new information preserves my opportunity to submit additional materials, should it be determined that the application is still incomplete after the second review. (Note: the 120-day period for the City of Ashland's final determination of compliance with applicable criteria does not commence until the additional review for completeness period is completed.) Check if desired ❑ I waive further review of the information submitted for completeness and direct review of the information submitted for compliance with the Community Development Code criteria, regardless of whether the application is, in fact, later determined by the staff to be incomplete. I understand that by checking the above statement the application will be evaluated based upon the material submitted and no notice of any missing information will be given. If material information is missing from the application, the application will fail to meet the burden of showing that all criteria are met, and the application will be denied. Community Development Dept. Tel: 54IA88-5305 A 11 20 E. Main Street Fax: 541-488-5311 PIVI Ashland, Oregon 97520 TtY: 800-735-2900 www.ashland,or.us ( ) 2. Submit Some of the Requested Information: Decline to Provide Other Information (Initial if elected) I am submitting some of the information requested and declining to submit other information requested in the Incompleteness Determination letter. I understand that by declining to submit all information the City of Ashland believes necessary, the Ashland Planning Division may conclude that the applicable criteria are not met and a Denial will be issued or recommended. (� 3. Decline to Provide any of the Requested information (Initial if elected) I decline to provide any of the information requested. I understand that the Community Development Department may conclude that the applicable criteria are not met and a Denial will be issued or recommended. Signed and Acknowledged (Applicant or Applicant's Agent) Date Return to: Planning Division Department of Community Development City of Ashland 20 E. Main St. Ashland, OR 97520 Community Development Dept. Tel: 5414188-5305 �. 20 E. Main Street Fax: 541�t88-5311 Ashland, Oregon 97520 TTY: 800-735-2ww.900 ®� washland.orms CITY OF -1ASHLAND Planning Depaftent 51 Winburn Way Ashland, OR 97520 541-488-5305 Ashland Historic Commission Design Review Form Applicant ?r�I A/ �) kb rAr Date V 1 1 / 20 1'i Address f 6AI&� r� Proposed Action `7 PQJ -- PCB -► PL. mmercial ® Residential ® New Construction ® Changes to Existing Structure Historic Review Board Comments: AW �jG4(:r1 0-- Aj�9 [-T1 PAJ �'i �.— c w c nA— r�r-fir_ �OI. In the spirit of protecting the historic design and compatibility of your project, if you wish to amend your building plan in order to apply any recommendations of the Historic Review Board, we encourage you to prepare an addendum and resubmit it to the Building Department. — K � Applicant Signature Historic Review Board Signature GACOff de4lanningTomr�sslons & CmuMlees]liistok Con 7issionV.Usc Admfn-FORfdMEve !gn Review Form.doc 121IN2007 Historic Commission Review Checklist ® Walls — Surface materials (siding to be used); Profile (width, thickness of siding); Finish (rough, smooth, paint stain) ® Roof — Pitch; Height; Form/Type (mansard, hip, gable) and Materials (shake, comp) Windows — Materials (wood, metal, clad); Type (double hung, casement, fixed, bay); Style (Queen Anne, Palladian); Trim (Shutters, molding, sills, pediments); Sizes (Window schedule); Glass (clear, frosted decorative); Arrangement and number of windows ® Doors and Main Entry — Materials (wood, metal, clad); Style; Trim (framing, sidelights); Sizes; Hardware ® Chimneys — Material (brick, faced with siding); Heightlwidth; Functional or decorative; Style ® Porches, Decks, Stairs — Materials, Dimensions; Scale in relation to structure; Supports (posts, columns); Trim (railings, brackets, balustrades) ® Foundation — Exposed; Material 0 Color —Paint, stain, natural ® Orientation of Structure to Site — Height; Scale; Symmetry/Harmony; Relationship/Compatibility to neighborhood and adjoininglsurrounding buildings ® Other Design Details -- Signage (materials, type, illumination); Fences, Walls; Exterior Lighting; Outbuildings (gazebos, garages, guesthouses); Driveways, sidewalks, Parking Area Aesthetics; Miscellaneous (columns, domes, quoins, ornamental trim); Landscaping; Setback of structure (relationship to neighboring buildings); Orientation of Main Entrance ® Historical Precedents — Architectural style and period of structurelfagade; Reference to existing or previous Ashland buildings; Removal or change of historical elements ® Meter Placement — Size, location The purpose of the following guidelines is to ensure the proper use of materials and details within the Historic District: • Be sure the remodeled portion's exterior wall finish matches the existing or original material. • Design window additions to duplicate existing or original windows. • Design the roof on additions or remodels to have the same pitch as the original roof. Extend the ridge lines where possible. On one-story rear additions, shed roofs are acceptable. • Match the style of any porch or entry addition at the front of the structure to the original or existing style. • Match colors of any additions to the colors used on the existing exterior. • Try to rehabilitate and restore as many features as possible. • Sawn shingle and, for economy, composition roofs are preferred. Asphalt shingles, which match existing color and texture, are acceptable. Shake shingles, tile and metal roofs are not compatible with most architectural styles in Ashland's historic districts. • Diagonal and vertical siding is not compatible in most cases. • Imitative materials such as asphalt siding, wood textured aluminum siding or artificial stones are not compatible. • Any detached structures should be compatible with the existing building and conform to the above guidelines. • Styles of other eras or locales, such as Tudor and Western style, are to be avoided. G lcomm levy lan�nglConardssons 8 COr MUe,%Vfsfmc CwWtsfoAlisc Admen 0fflASUesign Review Form doc 12)1312007 p 1 11 yrilift PlanningDivision ZONING PERM!'r APPLICATION CITY OF 51 Winburn Way, Ashland OR 97520 F I L E #_J�l " �Qe 5_/ ASHLAND 541-488-5305 Fax541-498-6006 DESCRIPTION OF PROJECT Site Design Review f-Qr _QQmmemial Addition. CUR and �Zadanre DESCRIPTION OF PROPERTY Street Address 154 OAK STREET Pursuing LEED@ Certification? C3 YES 0 NO Assessors Map No, 391 E 09BB Tax Lot(s) 121 QQ Zoning . C-1 Comp Plan Designation Commercial APPLICANT Name Rogue Planning & Development Phone 541-951-4020 &Mail amygu nter. plan n i ng@gmaii.com Address 33,Central Avenue; Suite 213 City Medford Zip . 97501 Mai Name Katherine Uhtoff Trustee 541-482-3241 (NW Nature) Phone E-Mail kathyuhtoff@yahoo.com Address 633 Roca Street City Ashland zip 97520 SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Architect Name Carlos Delgado Architects — Phone 541-552-9502 E-Mail carlos@carlosdelgaoarchitect, Address 217 Fourth Street City Ashland —Zip 97520 Title Landscape Design Name KenCairn Landscape Architect hone 541-488-3194 Address 545 A Street, Suite 102 City Ashland E-Mail kerry@kencairmcom Zip 97520 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, / 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 lobe incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient [actual 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 property located an the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense. If I have any doubts, I am advised to seek competent professional advice and assistance, Applicant's Signature Em As owner �f th rt ,,e pr pe y involved in this request, I ave readnd understood the complete applicalip anMequences to me as a property .31 P'rope rty- Owner's Slgnat4'e (required) Date t rra be coqfeted by Oty Wn Date Received 0()�(Jffl. Zoning Permit Type Fiting Fee 00 OVER 0* UN-.omm,&V&aningTonw & llmdoutsWning Pena Applicalion.duo CRY of AsWtv,,� ZONING PERMIT SUBMITTAL REQUIR,EMEN� . E� APPLICATION FORM must be complef-D'J' and signed by both applicant and properly owner, i FINDINGS OF FACT — Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidenco.. List the findings criteria and the evidence that supports it. Include information necessary to address all issues detailed in the Pre -Application Comment document. 2 SETS OF SCALED PLANS no larger 11"x17 Include site plan, building elevations, parking and landscape details. (Optional —1 additional large se4 of plans, 2'x3', to use in meetings) FEE (Check, Charge or Cash) ❑ LEEDO CERTIFICATION (optional) -- iipp icant's wishing to receive priority planning action processing shall provide the following documentation wi -:l the application demonstrating the completion of the following steps: • Hiring and retaining a LEEDO Accredited Professional as part of the project team throughout design and construction of the project; and . The LEED® checklist indicating,tho.;,,edits that will be pursued. NOTE: • Applications are accepted on a first come, €;rst served basis. • Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full :-clyment. 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 application; s;ibmitted are processed at the next available Planning Commission meeting. (Planning Commission meetings inauda 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 ea, - aonth. Meetings are held at the City Council Chambers at 1175 East Main St). A notice of the project request will be sor;,.;o neighboring properties for their comments or concerns. • If applicable, the application will also be ; ;;hewed by the Tree and/or Historic Commissions. (3'.Wn=-devV1l iuSTo=s& HmdoulsVZoning Pemii Appljynion da 154 Oak Street Northwest Nature Shop ROGUE PLAIINING E I)EVELOPMENT SERVICES, LLC 1q. F010 March 15, 2019 Site Design Review Conditional Use Permit to expand / enlarge Non -Conforming Commercial property Subie!ct Property Property Address: 154 Oak Street Map & Tax Lot: 39 IE 091313; Tax lots 12100 Comprehensive Plan Designation: Commercial Zoning: C-1 Adjacent Zones: C-1, C-1-D and R-2 Railroad Historic District Detail Site Review Zone Property Owner: Katherine Uhtoff Trustee 633 Roca, Street Ashland, OR 97520 Planning Consultation: Rogue Planning & Development Services, LLC 33 N Central Avenue #213 Medford, OR 97501 Architect: Carlos Delgado Architects 215 Fourth Street Ashland, OR 97520 Landscape Design: Kerry KenCairn Landscape Architect 545 A Street #2 Ashland, OR 97520 Request: A request Site Design Review to allow for the construction of an addition to the Northwest Nature Shop located at 154 Oak Street, due to the, parking configuration, a Variance to the required on -site parking is required. The requested expansion, enlargement is of a non -conforming development. r!rti"y" Page 1 of 14 P'ropertV Description: The subject property is on the east side of Oak Street to the north of the Lithia Way and Oak Street intersection. The property is south of Ashland Auto Repair which spans the block between Oak Street to the west and Pioneer Street to the east. The property is zoned Commercial (C-1). Properties to the north, west, and south are also zoned C-1. The adjacent properties to the north, south, and west are occupied by commercial businesses including automotive repair, retail, offices, mixed -use commercial / residential, Bed & Breakfast Inns, art gallery and restaurants. A public parking lot is further to the east across N Pioneer Street. The subject property is an approximately 4,,105 square foot, rectangular lot. There is a 2,294 square foot, craftsman style, two-story, converted residence. The structure was constructed in 1908 and is considered a, Historic Contributing structure in the Ashland Historic Resources Inventory, This h,vo-stoty wood-fi-ained, stucco -clad dwelling in the 0-aftsinan-Bungalow st)de was builtfioi• George and Ennna C f Q.fee, i-etit-ees who had moved to Ashland and constructed this home. Mi-, Cqf ,fee died in 1915 and Mi-s. Coffie in 1923. The Coffee House Was conve,,ted to connnei-cial uses, first as the longtime home of the di -ass Rubbing Center, "a tourist -based use associated with O-egon Shakespecti-e Festival. It is now a retail stom and i,Mile somewhat altered in chat-acter, i-etains suff icient integi,i1j, to i-elate its historic period of development. The site has been, in continuous operation as a retail establishment since the early 1980s. The 1,718 square foot ground floor is occupied by the retail portion of the Northwest Nature Shop and the second floor is a 576-square foot, one -bedroom apartment. A varying width (10-12-foot wide) asphalt surfaced, private driveway extends between Oak Street through to Pioneer Street, The driveway is located partially on the adjacent property to the, south, the property to the east, and a very small portion of the driveway and the parking area is located on the subject property (see the attached site plan). Ingress / egress easements are in place for some portions of the driveway. The actual easement areas and types of easements do not correlate to the uses on the ground. This issue is proposed to be amended / modified as part of the proposal. There are presently three, diagonal parking spaces along the property line near the driveway and two head -in parking spaces at the rear of the adjacent building at 147 North, Pioneer Street, the location of Bestow & Bloom. There is a bike parking structure near the outdoor patio area. Pageiofi4 C A, Historically, the subject property, 154 Oak Street and the adjacent property to the east at 147 Pioneer Street were owned separately. In the recent past, the Uhtoff Family, long-time owners and operators of the Northwest Nature Store were able to purchase the adjacent property at 147 Pioneer Street. In early 2017, the use of 147 Pioneer Street was converted from General office use to Retail use. The layout, coverage and parking areas on the property were proposed with two spaces to the rear of the building, additional bicycle parking for a vehicle credit, and a variance to the required number of parking spaces to reduce by half for the preservation of an existing, Commercial, non -conforming structure in the Railroad Historic District, Oak Street is an Avenue according to the Transportation System Plan, Street Classification Map and is located in the commercial zone. Oak Street is fully improved with pavement, curb, gutter, narrow, landscape parkrow and sidewalk. The existing street does not have adequate right-of-way to provide "required"" street improvements, i.e., bike lanes. The existing street improvements, specifically the width of the sidewalk and the landscaped park row, driveway separations and street lighting, do not conform to the width or material requirements from the Street Standards for the development of an Avenue in, the Commercial zones. Detailed Proposal: The request is to construct an addition to the existing NW Nature Shop to allow for the expansion of the structure Iby approximately 534-square feet. A small, ground floor addition of 74-sqaure feet is proposed, a second story addition of 460 square feet is proposed. The second story addition, is proposed on the rear of the structure over the portion of the building that is near the rear and side property line. The proposal would relocate office and storage areas out of the ground floor and allow for the ground floor to expand into the existing office and storage area. The expansion can be found to be an expansion / enlargement of a non -conforming development per AMC 18.1.4.040. Existing uses of 154 Oak Street require 7,4 parking spaces, 4.9 parking spaces are required for the ground floor retail and the second story apartment requires 1.5 spaces, With 1,792 square feet of retail proposed, 5.12 parking spaces are required. The additionally office space on the second floor requires .92 of a space (460/500 = .92). The 576 square foot, one -bedroom apartment requires 1.5 parking spaces. The proposal requires 7.54 parking spaces, slightly more than what is presently required. The property has previously utilized the Historic Building parking reduction Variance that allows for the reduction of 50 percent of the required number of parking spaces. The proposal includes an increase in the number of bicycle parking spaces by five to reduce the required parking spaces by one vehicle parking space. The apartment unit is not used by employees or Page 3 of 14 owners of the NW Nature Shop and it can be found that the residential use is off -set for some of the week when the tenant is away and the parking space is free. The parking lot is shared with Bestow and Bloom, the adjacent commercial property. That structure req:uired five space, provides two on -site (shared with NW Nature), and received a bicycle parking space credit and a variance to reduce required parking by half. The two required parking spaces for 147 Pioneer Street are included in the parking area proposed to be redeveloped as part of this proposal. The proposed parking area has five vehicle, parking spaces, retaining what is presently on -site. As shown on the site plans it is the intention of the property owner to sign the driveway as a, one-way from Oak Street to N Pioneer. Also, the proposal includes removal of the asphalt and replacing areas with permeable pavement and a meandering concrete strip to add interest and encourage foot traffic and make it evident on the ground that the driveway is not a public alley. The proposal sees forth the Comprehensive Plan Designation of the property as a commercial use. The highest and best use of the site is a retail business that will complement the other retail and restaurant businesses in immediate vicinity, The Northwest Nature Shop has been a main -stay for decades and based on Yelp reviews is still a wonderful community asset. The property to the immediate north, has been the offices of Recology for many years. To the northeast, a former dry-cleaners site: has recently been converted to art gallery and artist studio space. The building and the property underwent a major renovation. The two businesses to the north of that, Ruby's and Gil's are restaurant, bar/tap-house spaces that also underwent major renovations in the past few years and though newer to, Ashland have developed a dedicated following. The Bestow & Bloom property at 147 N Pioneer Street has been successful and provide a unique shopping experience just outside of the downtown. The applicant believes that the, findings can be made that the continued use of the property at its highest and best use through the allowance of a CUP to expand a non -conformity and a variance to parking. (Findings that justify the variance to, reduce the required parking for the preservation of existing commercial building stock in the historic district and the exception to the street standards to provide landscape park row and paver surface for additional bicycle parking spaces instead of the hardscape park row are included in this document. The proposal will enhance the commercial viability of the existing, well -established in community supported commercial business. The existing site is non -conforming due to several reasons, from the building orientation to the parking layout, the lack of landscaping, lack of refuse area and no bicycle parking to name a few. Though the site and building are not proposed to be expanded or enlarged, the applicant finds that the proposed change of use has a higher parking requirement than the previous office uses. The proposal is an attempt to bring the property closer to conformance with the city standards while retaining the existing structure. Page 4 of 14 On the following pages are the written findings addressing the applicable criteria from the Ashland Municipal Code, the code is in Times New Rama► font. The applicant's findings are in Calibri font. Attachments: A) Landscape Site Plan (L.1) B) Site Plan (AS1.0) C) Elevations (A2.1 and A2.2) D) Tree and Planting Plan (L.2) Page 5 of 14 Written findings for Site Design Review: AMC 18.5.2.050 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. The use of the property as a retail use complies with underlying zone, Commercial. The structure is a 1920s era, historic contributing residence that was converted to commercial uses. The Commercial zone does not have minimum lot sizes and excepting solar setbacks, there are no setbacks in the zone. The property has numerous non -conformities as it is a 1920s, residential structure on a small parcel that was converted to a retail space in the early 1980s. The proposed use does not increase the non - conformities, eight parking spaces are presently required, and eight spaces are required post construction. The proposal and amending the way the driveway and the two properties that depend upon the driveway and the parking area attempts to bring the site closer to conformance with the standards through the implementation of on -site bicycle parking, clearly delineated vehicle parking spaces, planting of a street tree and installation of additional bicycle parking to provide neighborhood bicycle parking spaces in the right-of-way. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3 (Detail, Downtown and Historic District Overlays )). The property is pre-existing non -conforming with a pre-existing parking variance. The proposed addition at the rear of the structure complies with the purpose and intent of the Commercial zoning district and the purpose and intent of the Detail Site Review Zone. The proposed addition is historically compatible to the existing structure and will not have a negative impact on the structure's historic presence, orientation or designation as a historic contributing structure. requirements of the Site Review, Detail Site Review or Historic District Overlay standards. C. Site Development and Design Standards. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. The proposed addition of 460-square feet to the second story and 75-square feet to the ground floor for a total of 534 square feet is to a pre-existing, non -conforming site that was developed in the late 1970s / early 1980s is not able to fully comply with the current Site Development and Design Standards. Three significant site modifications are proposed to bring the property closer to the standards. Additional, publicly available bicycle parking spaces are proposed in the parkrow on Oak Street. An additional street tree and repair of an existing street tree are proposed, and lastly, the vehicle parking spaces on the side of the building will be striped. Page 6 of 14 Site Design Standards for Non -Residential Development: AMC 18.4.2.,040 Basic Site Review Standards. Except as otherwise required by an overlay zone or plan district, the following requirements apply to commercial, industrial, non-residential and mixed -use development pursuant to section 18.5,2.020, See conceptual site plan of basic site review development in Figure 18.4.2.040.B. The proposed addition and site modifications, do not affect the orientation and scale of the Historic Contributing commercial structure. The facade of the structure is not proposed to be modified. The structures fagade occupies the majority of the street frontage. The parking is located to the side of and behind the facade of the structure. The entrance is orientedtowards the street and the proposed site improvements adding permeable pavement and a clear walkway from the street to the property enhance orientation and provide a public pedestrian plaza type of area that previously didn't exist. Street trees and a paver walkway are proposed to provide a better streetscape. The proposal is an expansion of a non -conforming development. The proposed addition does not further negatively impact the sites setback, structure orientation, etc. The proposed expansion is 31 percent of the existing building square footage. The improved parking area. The improved drainage area under the parking area and driveway bring the site closer to conformance with the other applicable standards such as, providing a public pedestrian plaza area with pavers between the building and the street, improvements to storm water quality, provision of additional bicycle parking spaces that presently do not exist, and installation of a new street trees. The proposed site modifications proposed exceeds 31 percent of the site area. 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. Public facilities for, water, sewer, electricity and urban storm drainage exist in a capacity to service the proposed addition of office space and no increase, in services are expected. The property is on Oak Street which is paved with curb, gutter, landscaped park row and sidewalk. An approximatly ten -foot wide asphalt driveway traverses the property providing access to the parking spaces and the entrances of the retail tenant spaces. With the improvements, modifications to the public right of way, for the park row are proposed. A new street tree will be planted on the north end of the existing landscape park row. The existlng street tree just north of the driveway will be lifted and replanted. Irrigation will be installed. A paver surface with bicycle parking facilities for public use are proposed within the park row. The additional bike parking is proposed to off -set vehicle parking for the subject property and the adjacent businesses. 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. None requested Conditional Use Permit: AMC 18.5.4.050 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. The use of the property as a retail establishment is consistent with the standards and uses allowed in the Commercial Zoning district., The proposal does not violated any city, state or federal laws. 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. Public facilities for water, sewer, electricity and urban storm drainage, exist in a capacity to service the proposed addition of office space and no increase in services are expected. The property is on Oak Street which is paved with curb, gutter, landscaped park row and sidewalk. An approximatly ten -foot wide asphalt driveway traverses the property providing access to the parking spaces and the entrances of the retail tenant spaces. The proposed improvements include modifications to the public right of way. A new street tree will be planted on the north end of the existing landscape park row. The existing street tree just north of the driveway will be lifted and replanted. Irrigation will be installed. A paver surface with U-Racks for secure bicycle parking facilities available for public use are proposed within the park row. The additional bike parking is proposed to off -set vehicle parking for the subject property and the adjacent businesses. 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 - , Lk Q ' 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. ("' '�' " "I Pa�ke 8'of 4�r�d The proposed addition to the structure is similar in bulk, scale and coverage as other commercial structures in the commercial zone. The proposed addition is lower in height than the existing historic contributing structure. b. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. Improved bicycle, parking facilities are proposed as part of the proposal. Additionally, the changes to the "front yard" are include a public pedestrian plaza type area with pavers to enhance the pedestrian environment. The majority of the owners and employees of NW Nature Shop are frequent bicycle riders and they encourage their customers to walk or bike to the shop as well. c. Architectural compatibility with the impact area. The proposed addition is architecturally compatible with the impact area. The majority of the immediately adjacent structures are clearly commercial in nature with boxy, rectangular masses. The existing NW Nature Shop structure is a converted residence. The proposed addition is more architecturally compatible with the historic contributing structure vs. the adjacent commercial developments. d. Air quality, including the generation of dust, odors, or other environmental pollutants. No impacts anticipated. e. Generation of noise, light, and glare. The noise, light and glare generated by the property is consistent with commercial uses in the commercial zone. Retail use is not known for its noise, light or glare. The business is closed at night. E The development of adjacent properties as envisioned in the Comprehensive Plan, The development of the property does not have an adverse impact on 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. Page 9,0,f It is unknown what other factors found relevant by the hearing authority would have adverse impacts on the adjacent properties. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. Retail use is a permitted use in the Commercial zone. 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. d. C-1. The general retail commercial uses listed in chapter JJ..2-.21 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. There are numerous non -conformities on the, small, commercially zoned parcel that has none of its own parking, The property is within the detail site review overlay and the property is developed at an intensity of more than .50 floor area ratio. The purpose of the Conditional Use Permit review is to allow the expansion / enlargement of a non- conforming development. Variance: AMC 18.5.5.050 The approval authority through aType I or Type 11 procedure, as applicable, may approve a variance upon finding that it meets all of the following criteria. 1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as topography, natural features, adjacent development, or similar circumstances. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance. The variance to reduce the required number of parking spaces from eight to three is necessary due to the small size of the parcel that has less than one of its own required parking spaces. The location of the existing structures, NW Nature Shop and the structure at 147 and 149 Pioneer Street, and the narrow sheared driveway that cannot be widened due to adjacent property development prevents the construction of additional vehicle parking spaces. 2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. The variance request as part of this application is to allow the reduction of an additional parking space, though the addition does not increase the required number of parking spaces beyond eight, there are I, Page fo'of 14 "A' '' � ""z �J� ""A three — spaces presently on -site and three spaces will remain. The requested variance of an additional parking space as demonstrated in the proposed parking layout, is the minimum necessary because the physical area for additional parking on the property does not exist. The structure is setback from the street, but parking is not allowed between the building and the street. Additionally,, a large black Locust tree is present between the building and the street, preventing the installation closer towards Oak Street. The proposed addition does not increase the parking demands beyond what has historically been required on the property a,nd the addition does not modify the physical: circumstances of the site. 3. The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. The proposal is to allow a small enlargement of a commercial structure in the commercial zone. This proposal furthers the purpose an intent of the Comprehensive Plan as it seeks to have the highest and best use in the commercial zones. The proposal includes site modifications that improve pedestrian and bicycle transportation to and through the site. The property is in the area of other locally operated, successful, small business that serve the existing neighborhood, downtown shoppers and downtown business employees. The addition allows for an established, successful business to retain their property and the use of their property as a retail establishment. Additionally, the proposed addition allows for the preservation of the residential use, this is a benefit to keeping residences in and around the downtown. The potential use of "miixed-use credit" and alternative vehicle parking reduction off -sets the negative impacts from the reduced number of on -site automobile parking spaces through the provision of increased multi -modal transportation options. 4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant. According to AMC 18.4.3.040 that reuse of the existing commercial building stock within the Historic District overlay is an exceptional circumstance and an, unusual hardship for the purposes of granting a variance. The other reasons for the need for a variance is that the parking is nearly completely on an adjacent piece of property due to the location of the Historic Contributing structure that is at 154 Oak Street. In order to attempt to address, the parking issues on the property and the adjacent property, the owners of 154 Oak Street purchased 147 Pioneer Street. The property owners have been attempting to remedy the parking situation through the acquisition of the property with, the access and parking easements. P,ag�p 11,of, 94, Exception to the Street Standards: 18.4.6.020 1. Exception to the Street Design Standards. The approval authority may approve exceptions to the standards section in 18.4,6.040 Street Design Standards if all of the following circumstances are found to exist. The request is to retain a portion of the existing landscape park row that is connected to a, landscape park row on the property to the north and to install public bicycle parking on pavers or concrete surface instead of just hardscape park row as required for Neighborhood Commercial Streets. a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. The existing park rows on Oak Street, are landscape park rows, and not hardscape park row as envisioned in the Street Standards of the Municipal Code. The proposal maintains consistency with the existing street scape. b. The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable. ii. For bicycle facilities, feeling of safety, quality of experience, and frequency of conflicts with vehicle cross traffic. Oak Street does not have dedicated bicycle lane but due to the proximity to downtown, A and B Streets, the Co -Op, etc. there is a number of bicyclist. The proposed public spaces will improve safety and the quality of the bicyclist experience, iii. For pedestrian facilities, feeling of safety, quality of experience and ability to safety and efficiency crossing roadway. The existing sidewalk is consistent with the sidewalk development pattern one Oak Street and on Pioneer Street. Improved park rows including new street tree, and bicycle parking improve the quality of experience for pedestrians visiting the businesses or passing through. c. The exception is the minimum necessary to alleviate the: difficulty. The requested exception is the minimum necessary to provide for a consistent street pattern and to improve bicycle parking facilities in the public realm. d. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. Page' 12 of 14 The purpose of the Street Standards seeks to improve the existing and provide multiple transportation, options. With a focus, on a safe environment for all users, using the streets as public spaces, and enhancing the livability of the neighborhood, the proposed bicycle parking and landscape park row achieve this purpose. The exception furthers the intent of the Street Standards which speak to developing healthy, livable streets with sidewalks shaded by trees for pedestrian comfort while addressing the mix of pedestrian, bicycle, and motor vehicle traffic by providing, additional bicycle parking facilities and a street tree to provide shade. Page' 13 of 14 Page 14 of 14 Carex glauca'Blue Zinger'- 20 (New) Acer palmatum - 1 Existing Landsacpe to Remain L— — — — — — — Ilk (Exg) Robinia psuedo-acacia ia Black Locust 7—L Lift and replant 1 Existing 77 \1' Arctostaphylos Howard McMinn lrr r f1% TREE & PLAN NORTH 0 B 16 24 GO TREE LEGEND DBH Height own Tree ro Tolerance to # Species (inches) Inset Radius, in: Zone Radius in Construction Condition Notes I Robinla psuedo-acacia 30" 45' 40' N/A Good Good RETAIN PLANT LEGEND 1 Acer palrnatraM Japanese Maple Straight Spp 2 Caliper Horizontal Crown 55 Ga --- g— rexiauca'Blue Zinger Blue Zinger Sedge 4" pots _2 FArctestaphylos -existing Lift and Replant (E) DRIVE 1898' KenCairn Uindseape Architecture w 5 A ST, STE 3 mmmo' RN.915A3 W 4653IN STAU OF ORLUON REG. 4493 U Pr? DRAWN BY: INTITIALS SCALE J. Ui 0 U)2: LU Z U) L0 I-- Uj 0 U) 0 0 Z� U) Z < REVISION DATE TREE PLAN AND PLANTING ISSUE DATE: 33A9 L21U PLANNING SUMMARY PROPERTY DESCRIPTION: _51 ZONING DESIGNATION: C-1 ASSESSOR'S PARCEL NUMBER: 39-IE-09BB; T.L.# 12100 164 OAK ST., ASHLAND, OREGON 97620 z LOT COVERAGE SUMMARY: < o BUILDING FOOTPRINT: SF ol 2� (F) (N) ADDITIQN� FLOOR FOOTPRINT: 1,718 74 SE w C) z tO 2 _LWR (N) TOTAL FOOTPRINT: 1,792 SF ':� r (E) PORCH: 194 SF GROSS HABITABLE FLOOR AREA SUMMARY: .2 air `w GHFA (E) MAIN FLOOR RFTAIL: 1,718 SF o5 L) GHFA (N) MAIN FLOOR RETAIL; 74 SF GHFA RETAIL TOTAL: 1,7SF GHFA (N) UPPER FLOOR OFFICE: 400 SF G STORAGE: §Q§F 04 GHFA (N) UPPER FLOOR TOTAL: 460 SF GHFA (E) UPPER FLOOR 1 BORM RESWENCE: 576 SF GHFA BUILDING TOTAL: 2,252 SF w SOLAR CALCULATIONS. HT. OF (N) ROOF: 120"-4' 2 1/2:12 SLOPE ol TYPE / SLOPE OF ROOF: TABLE'B' SETBACK STANDARD: SETBACK PER STANDARD; LtJ (1911.75- (-)1894.9) = 17.2V 16- 1.2&/ (.445 (-.04)) = Y-1- SSB ROD :'AVG. 150' SLOPE TO NORTH IS (1896- -1889- = -7)(1894' -1889'= -5')(-12' /2= -6) -6' 115V -.04 * FORMULA 1: 30' 10.445 + (-).04 = 74.07' ""AVG. NORTH /SOUTH LOT DIMENSION m 47.5' w r aj w (L 0 m C) o z ui 1894' LL Lf) CF) 0 uj.:Co w z- 00 of't Z 0 as I Lu 2 0 rr w CL NOT FOR CONSTRUCTM w DRAWN: CHECKED: TS CD DATE: 02108/19 w PROJECT: UHTOFF-18 w SHEET: AS1 .0 OF SHEETS WEST ELEVATION SCALE: 114'= l'-U' it) VV I L-Nt Vt. TU O W.1 —pio — WEST ELEVATION 12 SCALE: 114"= `I'-O" j� 11H IPV �d (E)TOREMAIN SOUTH ELEVATION 4460 �/OF o m Q) C) 4p w ❑ 0 4-4 C) 0 LL < cq ELEVATION KEY NOTES ol PROPOSED BUILDING ADOMON OUITUNE BEYOND (�) EVSTING BUILDING AND ROOFTOP REMOVAL OUTLINE Q) EXJSTING STRUCTURE TO REMAIN AS IS (4) ADJACENT ExisnNo uppFft GABLE ROOF LINE C6D NEW WINMVS, DOORS 8 TRIM TO MA7CH EXISTING Lo U) NOT FOR CONSTRUCTION ..... ..... wDRAWN CHECKED. w < TS CD z U- DATE 02108119 U,03 w M— FROJECT: 0 UIHTOFF 18 JE)TOREMAIN W, �SHEET: IB'-O' (N) 2 STORY ADDITION BEYOND A2.1 SCALE: 114'= V-0" OF SHEETS MATCH (E) I I MA MATCH (F MATCH (E) i (1) BUILDING SECTION SCALE: 314"= 1'-0' ELEVATION KEY NOTES PROPOSED BUILDING ADDITION OUTLINE BEYOND 00TMU BUILDING AND ROOF TOP REMOVAL OUTLINE EXISTING STRUCtURETOREI�(XIASIS ADJACENT EXISTING UPPER GABLE ROOF LINE (5) NEWMIDOWS, DOORS& TRIM TO MAMi EXISTING IS'-0- (N) 2 STORY AMMON NORTH ELEVATION 11 JEJ 10 REMAN 4`0' ADOT, 28--9 WIN) 2 STORY ADDITION 11' (E) TO BE REPLACED EAST ELEVATION (E) TO REMN SCALE: 1/4"'= 1 "-0' =l 2.5 SCALE 114"= l'-O" w x c I 0 z m 0 0 z (L it (1) U) w NOT FOR CONSTRUCTION DRAWN: CHECKED: TS CO DATE: 02/08/19 PROJECT: UHTO,FF-18 SHEET: A2.2 OF SHEETS 7BIKE G AND STRIAN ESS TO PATIO KISTING WATER METER PAINTED ONE WA"� - WAYFINDING OR SIGNAGE EXISTING - LIGHTPOLE PARKING AND ACCESS EASEMENTS(EXG) I I ADJ. BLDGi ° 8 BICYCLE PARKING SPOTS ° I '1 I i I I I I I i I f I I I h ��-� I r-------U n I 7- *M1 _ S/3--d (E) DRIVE" r tt r �J J !" 4 ADJ. BLDG PARKING 5 TOTAL VEHICLE PARKING SPACES 3 STANDARD 18' X 9' 2 COMPACT 18' X 8' 8 STANDARD BICYCLE SPACES ACCESS AND PARKING SHARED ACROSS SITE DRIVE TO BECOME ONE WAY TO FACILITATE SAFE PARKING MANUEVERING LOT COVERAGE INFORMATION EXISTING LOT 4110 sgaure feet ALLOWABLE LOT COVERAGE 85% 0.85 x 4110 = 3493.5 PROPOSED LOT COVERAGE 75.5% (3110 S.F.) 311014110 = 0 75-t'% TOTAL PAVING (Concrete, asphalt, pavers) =1126 s.f. TOTAL BUILDING (includes porch) = 1984 s,f. VEHICULAR ASPHALT PAVING U) VEHICULAR CONCRETE BAND 6YI VEHICULAR PAVER DRIVE (E) DRIVE 8° FENCE, TBD BY OWNER NEW VERSALOK BLOCK Vu SITE LAN ........� �__-...._.I D 8 -....18 24 0 Ll. W NORTH QO en a rn Lindscipe Architecture .rr" a say A sr, ST[.l, AS111#510, bR 9>67J 641.4E9.51N STATE or v oaec0: ]MG 9493 C) Cam. Kcn 7 im � qPF A� DRAWNBYt IHTITIALS SCALE 1''=18' Uj J CL 0 U) LLI z C`4 r LO LIJ U) ".® 0 _3 © Lo d �rcrBeto t�Jt REVISION DATE. COVER ISSUE DATE: 3.7A9 ff III Ll IV City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520 Telephone: 541-488-5305 Inspection Line: 541-552-2080 Plan Type: Type I Planning Action Work Class: Type I Planning Action PERMIT NUMBER PA-T1-2019-00051 Apply bate: 312012019 Ma & Tax Lot Pro a Address 391E09BB12100 154 Oak 5t Owner Information Applicant Information Owner: Kathy Uhtoff Applicant; Rogue Planning and Development Owner 633 Roca St Applicant 33 N Central Ave 213 Address: Ashland, OR 97520 Address: Medford, OR 97501 Phone: (541) 482-3241 Phone: (541) 951-4020 Project Description Commercial site desgn review & Variance Fees Fee Description: Amount: Commercial Site Review (Type l) $1,571,00 Variance (Type 1) $1,071.00 Applicant. Date: Total Fees._ . $2,642.00