HomeMy WebLinkAboutClear_Creek_192_PA-T1-2021-00162December 16, 2021
Notice of Final Decision
On, December 16, 2021 the Community Development Director approved the request for the
following:
Planning Action: PA -T1-2021-00162
Subject Property: 192 Clear Creek Drive
Applicant: Rogue Planning & Development Services for Anasazi West LLC
Description: A request for a Minor Modification of Subdivision to adjust existing and
dedicate new easements as well as to receive Site Design Review approval to construct a 7,893
square foot, three-story, mixed-use building consisting of commercial tenant space on the ground
floor, 2 residential units on the second and third floors for the property located at 192 Clear
Creek Drive. The proposal seeks to modify the five-foot public pedestrian access easement along
the east property line by adding a public utility easement and providing a 10 -foot wide, 8 -foot
stamped concrete centralized pedestrian walkway between the subject lot and the adjacent lot to
the west. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1 ;
MAP: 39 1 E 09 AB; TAX LOT #: 6603
The Community Development Director's decision becomes final and is effective on the 12t1i day
after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all
conditions of approval identified on the attached Findings are required to be met prior to project
completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51
Winburn Way. Copies of file documents can be requested and are charged based on the City of
Ashland copy fee schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may
request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO)
18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO
18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached.
The appeal may not be made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Aaron Anderson 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.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal, The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.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. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice 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 must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type 11 public hearing procedures,
pursuant to section 18.5.1,060, subsections A — E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us M-1611
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA -TI -2021-00162
SUBJECT PROPERTY: 192 Clear Creek Drive
APPLICANT/OWNER: Rogue Planning & Development Services for Anasazi West LLC
DESCRIPTION: A request for a Minor Modification of Subdivision to adjust
existing and dedicate new easements as well as to receive Site Design Review approval to
construct a 7,893 square foot, three-story, mixed-use building consisting of commercial tenant
space on the ground floor, 2 residential units on the second and third floors for the property
located at 192 Clear Creek Drive. The proposal seeks to modify the five-foot public pedestrian
access easement along the east property line by adding a public utility easement and providing a
10 -foot wide, 8 -foot stamped concrete centralized pedestrian walkway between the subject lot
and the adjacent lot to the west.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1 ;
MAP: 39 1 E 09 AB; TAX LOT #: 6603
SUBMITTAL DATE:
October 15, 2021
DEEMED COMPLETE DATE:
October 27, 2021
STAFF APPROVAL DATE:
December 16, 2021
DEADLINE TO APPEAL (4:30 p.m.):
December 27, 2021
FINAL DECISION DATE:
December 28, 2021
APPROVAL EXPIRATION DATE:
June 27, 2023
DECISION
As stated above this application is a request for a Minor Modification of the previous
Subdivision which will be discussed further below, and to receive Site Design Review approval
to construct a 7,893 square foot, three-story, mixed-use building consisting of commercial tenant
space on the ground floor, 2 residential units on the second and third floors. The applicant asserts
the proposal meets all applicable approval criteria and includes a request to modify the previous
subdivision approval my modifying an existing easement and dedicating a new easement that
will provide a courtyard between the proposed building at 192 and a site plan that has yet to be
reviewed on 188 Clear Creek Drive.
The subject property is located at 192 Clear Creek Drive and is in the E -I (Employment) zoning
district, as is the rest of the railroad area extending north to Hersey Street and south to the lots
fronting A Street. There are there zoning overlays that affect the subject property including the
Residential Overlay, the Detail Site Review overlay, and the Wildfire Hazards overlay. The lot
was originally plated as Lot 4 of the "New Addition" subdivision (See PA# 2000-006). The
subject property is located on the south side of Clear Creek Drive. The property's southern
boundary to the rear is adjacent to an alley. Directly south of the alley is the Southern Oregon
Pacific Railroad ROW.
The application describes the property as having "... a frontage width of 63.64 feet and extends
an average of 182.33 feet to the south. The lot area is 11,604 square feet (27 acres). The
PA -TI -2021-00162
192 Clear Creek Drive
Page 1
property is vacant of structures and there are no significant natural features on the property. The
site slopes generally f om the south to the northeast with an approximately two percent slope
from south to north."
Minor Modification
The proposal seeks to modify the five-foot public pedestrian access easement along the east
property line by adding a public utility easement and providing a 10 -foot wide, 8 -foot stamped
concrete centralized pedestrian walkway between the subject lot and the adjacent lot to the west.
The application materials describe the proposal as follows:
The proposal is to add a public utility easement upon the existing public
pedestrian access easement along the east property line of the subject lot. There is a
minor encroachment into the easement proposed with pavement and curbing. The
functional public pedestrian access will be provided along the west property line of the
subject lot, shared with the adjacent property to the west owned in common. The
modification is a minor change of conditions from the original approval (P42000-096).
The proposal adds a ten -to -twelve -foot -wide public pedestrian access easement, with an
eight foot improved width to be shared with the adjacent property to the west. The
easement and improvements extend between the two buildings (new development
proposed at 188 Clear Creek Drive) that are owned in common allowing placement of
the easement upon the properties.
A condition of approval has been added that prior to the issuance of a building permit the new
easement shall be dedicated by recorded document. An additional condition of approval will
require that prior to the issuance of the Certificate of Occupancy that the central pedestrian
walkway be fully installed including those parts proposed on the adjacent property.
Site Review
The Site Design Review approval criteria can be summarized as follows:
A) That the proposal complies with the provisions of the underlying zone.
B) That the proposal complies with the applicable overlay zone requirements.
C) That the proposal complies with the Site Development and Design Standards.
D) That the proposal complies with the Public Facilities Standards.
The applicant asserts the proposal meets E-1 zoning district standards, including setbacks, lot
area, lot coverage, and building height, and has submitted a comprehensive set of findings
demonstrating compliance with the applicable approval standards and by their reference are
incorporated as if set out in full.
Staff has reviewed the application materials and find that all of the standards for site design
review have been met including those for detail site review. The application meets all base
standards for the zone including setbacks, height, solar setback, and lot coverage. The proposed
building meets the standards for placement, orientation and design. The application describes the
building stating that "all sides of the structure have architectural interest. The frontfagade is
spatially defined through the use of different materials, a large overhang from the deck above,
commercial glazing the covered bicycle parking .structure. Hardi-board with stucco finish and
PA -TI -2021-00162
192 Clear Creek Drive
Page 2
CMU veneer in Willamette Greystone are the 1rri7nmy exterior fqade materials,
The application demonstrates complaince with the required Parking, Access, and Circulation by
stating the following: "There tire eightparking space's required ' lbr the proposed development.
,The 1, 600,square fibot offiee areas require 3.2 par kin (16001500 3.2) and the
residential uses requirejbur (4) parking spaces. There are two, parking spaces within the garage
and six porkingspaces within the stidace parking area at the rear of the building "
Staff notes that the landscaping exceeds the rnimi-num required and the proposal, and that the
application request an exception to the standard for screening at abutting property Lines. 'Elie
application explains: "The reason for the request is due to the required number oaf parking
spaces, the required dimensions ofparkingspace s, biff
�fers, and maneuvering aisles, are wider
than, the lot width allows. The proposal seeks to reduce the btff.ILP
,r along the east pro erly line
and eliminate the buf
.fer on the west property line where the parking area ab Ws the proposed
ceri,ti,alizedpitblicpe(,I(-,,st,i°iaii access easement anti walkivay. " Staff feels that based on the
surrounding development and the limited impact it makes that the exception is justified.
The criteria for Minor Modification are described in AMC Chapter 18.3.9.040.0. as
follows:
C. Minor Modification Approval Criteria. A Minor Modification shall be approved only upon
the approval authority finding that all of the following criteria are met.
1. Minor Modification applications are subject to the same approval criteria used for the
initial project approval, except that the scope of review is limited to the modification request.
For example, a request to modify a commercial development's parking lot shall require Site
Design Review only for the proposed parking lot and any changes to associated access,
circulation, etc. Notice shall be provided in accordance with chapter 18'.5.1..
2. A modification adding or altering a conditional use, or requiring a variance,
administrative variance, or exception may be deemed a Major Modification and/or may be
subject to other ordinance requirements.
3. The approval authority shall approve, deny, or approve with conditions the application,
based on written findings; except that conditions of approval do not apply, and findings are
not required, where the original approval was approved through a Ministerial review,
The criteria for Final Plan Approval (as required above) are described in AMC Chapter
18.3.9.040.:B.5 as follows:
Approval Criteria for Final Plan. Final plan approval shall be granted upon finding of
substantial conformance with the outline plan. This Substantial conformance provision is
intended solely to facilitate the minor modifications from one planning step to another.
Substantial conformance shall exist when comparison of the outline plan with the final plan
meets all of the following criteria:
a. The number of dwelling units vary no more than ten percent of those shown on the
approved outline plan, but in no case shall the number of units exceed those permitted
in the outline plan.
b. The yard depths and distances between main buildings vary no more than ten
percent of those shown on the approved outline plan, but in no case shall these
PA -TI -2021-00162
192 Clear Creck Drive
Page 3
distances be reduced below the minimum established within this ordinance.
c. The common open spaces vary no more than ten percent of that provided on the
outline plan.
d. The building size does not exceed the building size shown on the outline plan by
more than ten percent.
e. The building elevations and exterior materials are in conformance with the purpose
and intent of this ordinance and the approved outline plan.
f. That the additional standards which resulted in the awarding of bonus points in the
outline plan approval have been included in the final plan with substantial detail to
ensure that the performance level committed to in the outline plan will be achieved.
g. The development complies with the street standards.
h. Nothing in this section shall limit reduction in the number of dwelling units or
increased open space; provided, that if this is done for one phase, the number of
dwelling units shall not be transferred to another phase, nor the common open space
reduced below that permitted in the outline plan.
The criteria for Site Review Approval are described in AMC Chapter 1.8.5.2.050 as follows:
A. Underlying Zone. The proposal complies with all of the applicable provisions of the
underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot
area and dimensions, density and floor area, lot coverage, building height, building
orientation, architecture, and other applicable standards.
B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part
18.3).
C. Site Development and Design Standards. The proposal complies with the applicable
Site Development and Design Standards of part 18.4, except as provided by subsection
E, below.
D. City Facilities. The proposal complies with the applicable standards in section 18.4.6
Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity,
urban storm drainage, paved access to and throughout the property, and adequate
transportation can and will be provided to the subject property.
E. Exception to the Site Development and Design Standards. The approval authority
may approve exceptions to the Site Development and Design Standards of part 18.4 if
the circumstances in either subsection 1 or 2, below, are found to exist.
1. There is a demonstrable difficulty meeting the specific requirements of the Site
Development and Design Standards due to a unique or unusual aspect of an
existing structure or the proposed use of a site; and approval of the exception will
not substantially negatively impact adjacent properties; and approval of the
exception is consistent with the stated purpose of the Site Development and
Design; and the exception requested is the minimum which would alleviate the
difficulty.; or
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.
PA -T1-2021-00162
192 Clear Creek Drive
Page 4
Public Comment
In accordance with the Land Use Ordinance, Notice of Complete Application (HOCA) was
mailed to all surrounding properties within 200' of the subject property, as well as a physical
notice posted along the frontage. After the mailing of the HOCA, no public comment received
either in favor or opposition.
Conclusion Decision & Conditions of Approval
Staff finds that the application with the attached conditions of approval complies with all
applicable City ordinances. Therefore, Planning Action #2021-00162 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 #2021-00162 is denied.
The following are the conditions of approval:
1. All proposals of the applicant are conditions of approval unless otherwise modified
here.
2. That prior to the issuance of a building permit the new easement shall be dedicated by
recorded document.
3. That prior to the issuance of the Certificate of Occupancy that the central pedestrian
walkway be fully installed including those parts proposed on the adjacent property.
4. That any new addresses shall be assigned by City of Ashland Engineering
Department.
S. That permits shall be obtained from the Ashland Public Works Department prior to
any work in the public right of way.
6. That the windows on the ground floor shall not be tinted so as to prevent views from
into the interior of the building
7. That the front entrances adjacent to Clear Creek Drive shall remain functional and
open to the public during all business hours.
8. That a sign permit shall be obtained prior to installation of any new signage. Signage
shall meet the requirements of Chapter 18.4.7.
9. That the building permit submittal shall include:
a. Identification of all easements, including public and private utility easements,
public pedestrian access easements, and fire apparatus access easements.
b. Solar setback calculations demonstrating that all new construction complies
with Solar Setback Standards
c. Lot coverage calculations including all building footprints; driveways,
parking, and circulation areas; and any other areas other than natural
landscaping. Lot coverage shall be limited to no more than 85 percent as
required in AMC 18.2.6.030.
d. Final electric service, utility and civil engineering plans including grading,
erosion control and drainage. All civil infrastructure shall be installed by the
PA -TI -2021-00162
192 Clear Creek Drive
Page 5
applicants, inspected and approved prior to final inspection/occupancy
approval.
e. The utility plan shall include the location of connections to all public facilities
including the locations of water lines and meter sizes, fire hydrants, sanitary
sewer mains and services, manholes and clean -outs, and storm drainage pipes
and catch basins, along with any backflow prevention measures required by
the Water Department. Any required private or public utility easements shall
be delineated on the civil plans.
f. The final electric design and distribution plan shall include load calculations
and locations of all primary and secondary services including transformers,
cabinets and all other necessary equipment with the Final Plan application.
This plan must be reviewed and approved by the Electric Department prior to
the signature of the final survey plat. Transformers and cabinets shall be
located in areas least visible from streets and outside of vision clearance areas,
while considering the access needs of the Electric Department.
g. That storm water from all new impervious surfaces and runoff associated with
peak rainfalls must be collected on site and channeled to the City storm water
collection system (i.e., curb gutter at public street, public storm pipe or public
drainage way) or through an approved alternative in accordance with Ashland
Building Division policy BD -PP -0029. On-site collection systems shall be
detailed on the building permit submittals. The storm drainage plan shall
detail the location and final engineering for all storm drainage improvements
associated with the project, and shall be submitted for review and approval by
the Departments of Public Works, Planning and Building Divisions. The
storm drainage plan shall demonstrate that post -development peak flows are
less than or equal to the pre -development peak flow for the site as a whole,
and that storm water duality mitigation has been addressed through the final
design.
h. Final site lighting details.
i. A final size- and species-specific landscaping plan including irrigation details
satisfying the Water Conserving Landscaping Guideline in AMC 18.4.4.030.1.
New landscaping shall comply with the General Fuel Modification Area
requirements and shall not include plants listed on the Prohibited Flammable
Plant List adopted by Resolution #2018-028. All landscaping shall be installed
according to the approved plan, and tied into the existing irrigation system,
inspected and approved prior to the issuance of a certificate of occupancy.
j. That the requirements of the Ashland Fire Department relating to approved
addressing; fire apparatus access; a firefighter access pathway; fire flow;
hydrant installation, spacing and clearance; applicable fire sprinklers and
alarm monitoring; fire department connection; key box; extinguishers;
limitations on obstructions to fire access; and wildfire hazard area
requirements shall be satisfactorily addressed in the permit submittals.
PA -T1-2021-00162
192 Clear Creek Drive
Page 6
k. The building permit Submittals shall verify that, the bicycle parking, spacing
and coverage requirements are met in accordance with 18.4.3.070.1. Inverted
U -racks shall be used for the bicycle parking, and all bicycle parking shall be
installed in accordance with design and rack standards in 18.43.070.1 and J,
inspected and approved by the Staff Advisor prior to the issuance of the
certificate of occupancy. If bicycle: parking is to be provided within the
proposed buildings, final interior dimensions of the dedicated bicycle parking
areas shall be detailed on the building permit plans to insure adequate space
has been provided. A bicycle parking space located inside of a building for
employee bike parking shall be a minimum of six feet long by three feet wide
by four feet high, shall be accessible without moving another bicycle, and
shall be clearly marked as reserved for bicycle parking only.
10. 'nat prior to the final inspection approval or issuance of a certificate of occupancy:
a. That street trees, one per 30 feet of street frontage, shall be installed in the
Clear Creek Drive frontage,, inspected and approved by the Staff Advisor. 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.
b. That all landscaping in the new landscaped areas, and the irrigation system,
shall be installed according to the approved plan, inspected and approved by
the Staff Advisor.
c. Civil improverricrits including but not limited to utility installations shall be
completed according to approved plans, inspected and approved. Public
improvements including but not limited to street trees and street lighting shall
be installed to City of Ashland standards Linder permit from the Public Works
Department and in accordance with the approved plan, inspected and
approved.
d. Any damage to the alley or sidewalk from utility installation or construction
vehicles shall be repaired under permit from the Public Works Department,
inspected and approved.
e. That all exterior lighting shall be directed on the property and shall not
directly illuminate adjacent proprieties.
f. That the bicycle pat -king facilities shall be installed according to the approved
plan, inspected and approved by the Staff'Advisor.
Bill MoInar, Director
Department of Community Development
December 16, 2021
Date
PA -TI -2021-00162
192 Clear Creek Drive
Page 7
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On December 16, 2021, 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 the Planning Action #PA -T1 W2021-00162, 192 Clear
Creek.
R
Signature of Employee
C:1UserstlrappflDesktDplTemplaleslAFF= OAVIT OF MAILING_Regan.doex 1211612021
PA -T1-2021-00162 391E09AB6602
ANASAZI WEST CLEAR CREEK LLC
603 LAKE ST EAST, STE. 206
WAYZATA, MN 55391
PA -T1-2021-00162 391E09BA60002
CHAMPANERI TRISHA
184 CLEAR CREEK DR 2
ASHLAND, OR 97520
PA -T1-2021-00162 391 E09AB6605
DEBOER BRYAN BRUCE/STEPHANIE
85 WINBURN WAY
ASHLAND, OR 97520
PA -T1-2021-00162 391E09AB6500
HOXMEIER STEVE/KATHY
435 B ST
ASHLAND, OR 97520
PA -T1-2021-00162 391 E04DC3401
TONEY FAMILY CREDIT SHELTER T
6581 GRIFFIN CREEK RD
MEDFORD, OR 97501
PA -T1-2021-00162
ROGUE PLANNING & DEVELOPMENT
1314-8 CENTER DR, PMB #457
MEDFORD, OR 97501
PA -T1-2021-00162 391 E09 BA50003
BENDAT KEN TRUSTEE ET AL
360 COVENTRY PL
ASHLAND, OR 97520
PA -T1-2021-00162 391 E09 BA60000
CLEARCREEK PROPERTIES LLC
575 TUCKER ST
ASHLAND, OR 97520
PA -T1-2021-00162 391E09AB10200
GRANGE CO-OP SUPPLY ASN INC
PO BOX 3637
CENTRAL POINT, OR 97502
PA -T1-2021-00162 391 E09BA50000
LA ROSA HOLDINGS LLC
NEAT: KINZIE
180 CLEAR CREEK DR 203
ASHLAND, OR 97520
PA -T3-2021-00162 391E09AB6700
UNION PACIFIC RR CO
PROPERTY TAX DEPARTMENT
1400 DOUGLAS ST 1640
OMAHA, NE 68179
PA -T1-2021-00162
POWELL ENGINEERING
TODD POWELL
1874 ROSSANLEY DR
MEDFORD, OR 97501
Gn to •
PA -T1-2021-00162 391E04CD2000
BERNARD HERSEY PROPERTY LLC
DAVID A BERNARD -MANAGER
PO BOX 730
ASHLAND, OR 97520
PA -T1-2021-00162 391E09BA60003
CLEARCREEK PROPERTIES LLC
3365 KUAUA PL
KIHEI, HI 96753
PA -T1-2021-00162 391E09BA60001
HEARTWISE PROPERTY MANAGEMENT
625 N MOUNTAIN AVE
ASHLAND, OR 97520
PA -T1-2021-00162 391E09BA50004
OMEGA GROUP
2784 SISKIYOU BLVD
ASHLAND, OR 97520
PA -T1-2021-00162
DAVID WALDRON
1465 SW KNOLL AVE, #102
BEND, OR 97702
PA -T1-2021-00162
SUE MATHIS LANDSCAPE DESIGN
16340 LOWER HARBOR RD, STE. 1-337
BROOKINGS, OR 97415
192 Clear Creek
NOD 1211612021
18
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Planning Department, 51 Winb,.,, Way, Ashland, Oregon 97520 CITY OF
F
541-488-5305 Fax:541-552-2050 www.ashland,or.Us TTY:1-800-735-2900 %S -ASHLAND
NOTICE OF APPLICATION
SUBJECT PROPERTY: 192 Clear Creek Drive
OWNER/APPLICANT: Rogue Planning & Development Services for Anasazi West LLC
DESCRIPTION: A request for a Minor Modification of Subdivision to adjust existing and dedicate new easements
as well as to receive Site Design Review approval to construct a 7,893 square foot, three-story, mixed-use building
consisting of commercial tenant space on the ground floor, 2 residential units on the second and third floors for the
property located at 192 Clear Creek Drive. The proposal seeks to modify the five-foot public pedestrian access
easement along the east property line by adding a public utility easement and providing a 10 -foot wide, 8 -foot
stamped concrete centralized pedestrian walkway between the subject lot and the adjacent lot to the west.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; MAP: 39 1E 09 AB; TAX LOT #: 6603,
NOTE: The Ashland Tree Commission will review this Planning Action at an electronic public hearing on Thursday, November 4, 2021
at 6:00 PM. See page 2 of this notice for information about participating in the electronic public hearing.
Ci
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Tree Commission Meeting
Notice is hereby given that the Tree Cori. scion will hold an electronic public hearing on the above described planning action on
the meeting date and time shown on Page 1. If you would like to watch and listen to the Tree Commission meeting virtually, but
not participate in any discussion, you can use the Zoom link posted on the City of Ashland calendar website
jhtps /1wWw.ashIaqd,or.us/1caIendLar. asp .
Oral testimony will be taken during the electronic public hearing. If you wish to provide oral testimony during the electronic
meeting, send an email to PC-public-testimony@ashiand.or.,us by 10:00 a.m. on.Thursday, _November 4, 2021. In order to
provide testimony at the public hearing, please provide the following information: 1) make the subject line of the email "Advisory
Commission Testimony Request", 2) include your name, 3) specify the date and commission meeting you wish to testify at, 4)
specify the agenda item you wish to speak to, 5) specify if you will be participating by computer or telephone, and 6) the name you
will use if participating by computer or the telephone number you Will use if participating by telephone.
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact
the City Administrator's office at 541-488-60,02 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting
will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title 1).
The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice.
Because of the COVID-1 9 pandemic, application materials are provided online and comments will be accepted by email.
Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541) 488-5305
orpLan iD� nqO)ashland,or- Lis.
A copy of the application, inciuding all documents, evidence and applicable criteria are available online at "What's
Happening in my City"" at tittr)s,.//Qis.aslilairid.0r.Lls/develo�Dmentl)roDosals/ . Copies Of application materials will be provided
at reasonable cost, if requested. Under extenuating circumstances, application materials may be requested to be reviewed
in-person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged
appointment by calling (541) 488-5305 or emailin:g planningnaashland.or.us.
Any affected property owner or resident has a right to submit written comments to pLann ng�pashland.orus or to the City of
L__
Ashland Planning Du'vision, 51 Winburn Way, Ashland, Oregon 97520 prior to 4-30 p.m. on the deadline date shown on Page
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon
determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application
which allows for a 14 -day comment period. After the comment period and not more than 45 days from the application being
deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to
the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision
must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18,5.1,050.6)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an
objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an
opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue.
Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that
criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
Sufficient specificity to allow this Department to respond to the issue precludes an action for damages in Circuit Court.
If you have questions or comments concerning this request, please feel free to contact Aaron Anderson at #541-552-2052 or
Aaron,Anderson ashl:and,or.us.
MINOR MODIFICATIONS
18,H 040
C. Minor Modification Approval Criteria. A Minor Modification shall be approved only upon the approval authority finding that all of the following criteria are
met.
1. Minor Modification applications are subject to the same approval criteria used for the initial project approval, except that the scope of review is limited
to the modification request. For example, a request to modify a commercial development's parking lot shall require Site Design Review only for the
proposed parking lot and any changes to associated access, circulation, etc, Notice shall be provided in accordance with chapter 18.5.1.
2. A modification adding or altering a conditional use, or requiring a variance, administrative variance, or exception may be deemed a Major
Modification and/or may be subject to other ordinance requirements.
192Tlea,C5 192_PA-TI-2021-00162\Noticin.O.ClearCreek_192PA-TI-2021-00162_NOC.dzx
3, The approval authority shall approve, dr mapprove with conditions the: . based ^ hdenfindings; except that conditions ofapproval
do not apply, and findings are not requii,-., where the original approval was approved through a Ministerial review,
APPROVAL CRITERIA FOR FINAL PLAN
183'0,040JB.5
Final Plan approval shall bngranted upon finding ofsubstantial conformance with the Outline Plan. This substantial mmfnnnanoepmvisioniaintendedaolely
to facilitate the minor modifications from one planning step to another, Substantial conformance shall exist when comparison of the outline plan with the final
plan meets all ofthe |oUumhnAcriteria.
a. The number of dwelling units vary no more than ten percent of those shown on the approved outline plan, but in no case shall the number of units exceed
those permitted inthe outline plan.
b, The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved Outline plan, but in no case shall
these distances be reduced below the minimum established within this Ordinance.
o. The open spaces vary no more than ten percent of that provided on the outline plan.
d� The building size does not exceed the building size shown on the outline plan by more than ten percent.
e, The building elevations and exterior materials are inconformance with the purpose and intent ofthis ordinance and the approved outline plan.
t That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with
substantial detail to ensure that the performance level committed to in the Outline plan will be achieved.
g. The development complies with the Street Standards.
h. Nothing in this section shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the
number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted �n the Outline plan,
SITE DESIGN AND USE STANDARDS
18.5.2.050
The following criteria shall be used to approve mdeny an application:
A. Underlying Zone: The proposal complies with all ofthe applicable s of the underlying zone (part 18.2), including but not limited to: building and
yard setbacks, lot area and dimmus,ione, density and Moor area, lot coverage, building height, building orientation, architecture, and other applicable
standards,
B. Omerlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3),
O, Site Development and D*m|gm Standards: The proposal complies with the applicable Site Development and Design Standards of part 184, except as
provided bySubsection 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 baprovided tothe subject
property.
E Exception to the Site Development and Design Standards: The approval authority may approve exceptions to the Site Development and Design
Standards ofpart 18.4Kthe circumstances ineither subsection 1or2,below, are found toexist,
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 diffiou[ty.;or
There imoodemonstrable diffirv|tyinmeeting the specific requirements, but granting the exception will result inmdesign that equally orbetter achieves
the stated purpose nfthe Site Development and Design Standards.
M%Cleiro-/92 PA -z creew
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On 10/27/21 1 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice
to each person listed on the attached mailing list at such addresses as set.forth on
this list under each person's name for Planning Action #PA -T1-2021-00162, 192 Clear
Creek.
Signature of Employee
DocumenK 1012712021
PA -T1-2021-00162 391 E09AB6602
ANASAZI WEST CLEAR CREEK LLC
603 LAKE ST EAST, STE. 206
WAYZATA, MN 55391
PA -T1-2021-00162 391 E09BA60002
CHAMPANERI TRISHA
184 CLEAR CREEK DR 2
,ASHLAND, OR 97520
PA -T1-2021-00162 391 E09AB6605
DEBOER BRYAN BRUCE/STEPHANIE
85 WINBURN WAY
ASHLAND, OR 97520
PA -T1-2021-00162 391 E09AB6500
IHOXMEIER STEVE/KATHY
', 435 B ST
ASHLAND, OR 97520
PA -T1-2021-00162 391E04DC3401
TONEY FAMILY CREDIT SHELTER T
6581 GRIFFIN CREEK RD
'MEDFORD, OR 97501
i
PA -T1-2021-00162
ROGUE PLANNING & DEVELOPMENT
11314-B CENTER DR, PMB #457
MEDFORD, OR 97501
PA -T1-2021-00162 391E09BA50003
BENDAT KEN TRUSTEE ET AL
360 COVENTRY PL
ASHLAND, OR 97520
PA -T1-2021-00162 391 E09BA60000
CLEARCREEK PROPERTIES LLC
575 TUCKER ST
ASHLAND, OR 97520
PA -T1-2021-00162 391 E09AB 10200
GRANGE CO-OP SUPPLY ASN INC
PO BOX 3637
CENTRAL POINT, OR 97502
PA -T1-2021-00162 391E09BA50000
LA ROSA HOLDINGS LLC
NEAL KINZIE
180 CLEAR CREEK DR 203
ASHLAND, OR 97520
PA -T1-2021-00162 391E09A136700
UNION PACIFIC RR CO
PROPERTY TAX DEPARTMENT
1400 DOUGLAS ST 1640
OMAHA, NE 68179
IPA -T1-2021-00162
POWELL ENGINEERING
TODD POWELL
1874 ROSSANLEY DR
i MEDFORD, OR 97501
PA -TI -2021-00162 391 E04CD2000
BERNARD HERSEY PROPERTY LLC
DAVID A BERNARD -MANAGER
PO BOX 730
ASHLAND, OR 97520
PA -T1-2021-00162 391 E09BA60003
CLEARCREEK PROPERTIES LLC
3365 KUAUA PL
KIHEI, HI 96753
PA -T1-2021-00162 391 E09BA60001
HEARTWISE PROPERTY MANAGEMENT
625 N MOUNTAIN AVE
ASHLAND, OR 97520
PA -T1-2021-00162 391 E09BA50004
OMEGA GROUP
2784 SISKIYOU BLVD
ASHLAND, OR 97520
PA -T1-2021-00162
DAVID WALDRON
1465 SW KNOLL AVE, #102
BEND, OR 97702
PA -T1-2021-00162
SUE MATHIS LANDSCAPE DESIGN
16340 LOWER HARBOR RD, STE.1-337
BROOKINGS, OR 97415
192 Clear Creek
NOC 10127/21
18
ILPlanninff Division
CITY 4F 51 Winbum Way, Ashland OR 97520
ASHLAND 541-488-5305 Fax 541-488-6006
ZONING PERMIT APPLICATION
FILE # ` i
DES.,,,__„ SITE REVIEW FOR MIXED USE DEVELOPMENT
CRW in , ...,. 4F PROJECT
DESCRIPTION OF PROPERTY
Street Address .192 Clear Creek Drive
Assessor's Map No- 391 E 09AB
Zoning
E-1
APPLICANT
Name DAVID WALDRON
Address
1465 SW KNOLL AVE. #102
Pursuing LEEDO Certification? ❑ YES ❑ NO
6602 & 6603
Tax Lot(s)
Comp Pian Designation
Phone 541-588-0917 E tylaii davidwaldron-waldron@gmail.com
BEND
City
PROPERTY OWNER
Name Anasazi West Clear Creek, LLC Phone 612-325-8377 E -Mail
Address 603 Lake Street East, Suite 206
Zip 97702
paut anla:x ,'anasazi.r :^ c0r1
City WAYZATA 771P 55391
SURVEYOR. ENGINEER. ARCHITECT LANDSCAPE ARCHITECT. OTHER
ARCHITECT DAVID WALDRON 541-588-0917 �3• xal u3°"'agT3"°",
Title _- ..._.Name ,_... _Phone E -Mail
Address 1465 SW KNOLL AVE. #102
Planning Consultant Amy Gunter
Title game , --
Address 18874 ROSSANLEY DR.
City
BEND
541— 951-4020
Phone E -Mail
City MEDFORD
Zip -
97702
97501
Zip
I he, certify that the statements and information contained in tats application; including the ,nciosed drawings and the required findings of €act, are in all respects,
true and ccrrecf. l understand that at0l property pins must be shown on the drawings and visible upon the site inspection. !n the event the pins are not shown or their
location found to be incorrect. the owner assumes full responsibility, i further understand that if this request is subsequently contested, the burden will be on me to
esabiish
t i that l Produced sufficient r"actual evidence at the bearing to supe ;hi; re4uess;
L% trial (,he Endings Of fact fumishad Justiftes the grarliing 01"he request.'
3) that the irdings of fact furnisrred Gy rile are adequate and §rr her
K that alt structures or imprcverriants are properly ivcati~b 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 remover} y o pen A. if l�S;o�bis• I am advised to seek cornpetert professional advice and assistance.
Applicant Signa re Date
As owner of the property involved in this request, t have read and understood the complete application and its consequences to me as a property
owner.
Property Owner's Signature (required) Date
o iY arr'okre6 ay 011 S&f
` �V Zoning Permit Type I Film Fed $ - I � : 3
Date Received 9 y g
OVER /e
Plannino Division
51 WinbL]M Way, Ashland, OR 97520
54t488-5305
Commercial Site Review
Valuation Estimate
Street Address: _ lCI, fCMEK,yR E
Description of Project:
Valuation Estimate Prepared by: VW vp
Estimator Phone: Estimator Email: uUiL-i�4.,��
mc4 I. COQ
DESCRIPTION:
VALUATION:
Excavation & Earthwork
$
, �)
Landscaping
$
Parking Area(s) & Driveways
$
Sidewalks/PatiosANalkways
$
New Construction — Materials & Labor Total*
$
TOTAL PROJECT VALUATION:
$
I
.I
*Building permit valuations shall be based upon the Uniform Fee methodologies as established by OAR 998-050-0100.
Planning Division
P51 Winburn Way, Ashland, OR 97520
PFA0 541-488-5305
Street Address:
192 Clear Creek Drive
Description of Project: Three story, mixed use commercial building
Applicant: David Waldron & Associates - Architect
Property Owner: Anasazi West Clear Creek, LLC
Valuation Estimate Prepared by: David Waldron, Project Architect
Estimator Phone: 541-588-0917
Commercial Site Review
Valuation Estimate
Estimator Entail: davidwaldron.waldron@gmail.com
DESCRIPTION:
VALUATION:
Excavation & Earthwork
$135,000
Landscaping
$ 28,000
Parking Area(s) & Driveways
$ 35,000
Sidewalks/Patios[Walkways
$10,950
New Construction — Materials & Labor Total*
$1,500,000
TOTAL PROJECT VALUATION:
$
1,711,950.00
*Building permit valuations shall be based upon the Uniform Fee methodologies as established by OAR 998-050-0900.
Aft
ROGUE PLANNING H OEVELOPMENT SERVIEES, LLE 1% W
192 Clear Creek Drive
Site Design Review for mixed use commercial building
September 30, 2021
Site Design Review for a new mixed use commercial building
Property Owner: Anasazi West Clear Creek Drive, LLC
603 Lake Street East, Suite 206
Wayzata, MN 55391
Architect: David Waldron Architects and Associates
1465 SW Knoll Avenue, Suite #102
Bend, OR 97702
Land Use Consulting: Rogue Planning & Development Services, LLC
Amy Gunter
1314-B Center Dr., PMB#457
Medford, OR 97501
Civil Engineer:
Landscape Design:
Subject Property
Address:
Map & Tax Lot:
Comprehensive Plan Designation:
Zoning:
Overlays:
192 Clear Creek Drive
Mixed Use Commercial Office Building
Powell Engineering
Todd Powell
1874 Rossanley Dr.
Medford, OR 97501
Sue Mathis Landscape Design
16340 Lower Harbor Rd. STE 1-337
Brookings, OR 97415
192 Clear Creek Drive
39 1E 09 AB; 6603
Employment
E-1
Detail Site Review Zone
Residential Overlay
Page Iof18
Request:
Request for Site Design Review for a 7,893square foot, three-story, mixed-use commercial condorninium
building. The ground floor is divided into two office spaces with a secure garage parking space at the
rear. There are two residentialunits above. Each three-bedroom room, four bath unit consists of
approximately 1,397 square feet on the second story and 1,085 square feet on the third story. These
units are accessed from a rear entry lobby.
The proposal seeks to modify the five-foot public pedestrian access easement along the east property
line by adding a public utility easement and providing a 10 -foot wide, 8 -foot stamped concrete
centralized pedestrian walkway between the subject lot and the adjacent lot to the west.,
Property Description:
The subject property is on the south side of Clear
Creek Drive. 192 Clear Creek drive is Lot 4 of the
New Addition Subdivision. The subdivision was
approved in 2000,and platted in 2002.
Lot 4 has a frontage width of 63.64 feet and
extends an average of 18,2.33 feet to the south.
The lot area is 11,604 square feet (.27 acres).
The property is vacant of structures and there are
no significant natural features on the property.
The site slopes generally from the south to the
northeast with an approximately two percent slope from south to north.
According to the Transportation System Plan, Clear Creek Drive is a Commercial Collector Street. There
is a 60 -foot -wide public right-of-way that terminates into a one -foot street plug at the end of the
pavement. There is a five -foot -wide, public sidewalk with a seven -foot park row that is present along the
frontage of the property. There are no street trees in the park row.
A public alley with a 20 -foot -wide right-of-way is present along the south property line. The alley surface
is in poor condition. The railroad tracks are south of the alley public right of way.
A ten -foot -wide Public Utility Easement (PUE) is present along Clear Creek Drive. There are utility boxes
and cabinets for various public utilities in the PUE. A 10 -foot public utility easement is present along the
south property line adjacent to the public alley. The property owner has worked with the adjacent
property owner to the east where development is presently occurring, and shared electrical facilities are
being installed within the PUE near the SE corner of the subject lot.
192 Clear Creek Drive
Mixed Use Commercial Office Building
Page 2 of 18
CLEAR
CREEK
DRIVE 6800
0.0 1 Ac
6602
6603
6604 6605
0.27 At
0.27 Ac
0,27 Ac 01.27 Ac
c517196
64
6900
0 01 At
—, t. -
cm �. 11-8 aco
The site slopes generally from the south to the
northeast with an approximately two percent slope from south to north.
According to the Transportation System Plan, Clear Creek Drive is a Commercial Collector Street. There
is a 60 -foot -wide public right-of-way that terminates into a one -foot street plug at the end of the
pavement. There is a five -foot -wide, public sidewalk with a seven -foot park row that is present along the
frontage of the property. There are no street trees in the park row.
A public alley with a 20 -foot -wide right-of-way is present along the south property line. The alley surface
is in poor condition. The railroad tracks are south of the alley public right of way.
A ten -foot -wide Public Utility Easement (PUE) is present along Clear Creek Drive. There are utility boxes
and cabinets for various public utilities in the PUE. A 10 -foot public utility easement is present along the
south property line adjacent to the public alley. The property owner has worked with the adjacent
property owner to the east where development is presently occurring, and shared electrical facilities are
being installed within the PUE near the SE corner of the subject lot.
192 Clear Creek Drive
Mixed Use Commercial Office Building
Page 2 of 18
There is a five-foot public pedestrian access easement along the east property line that extends from
Clear Creek Drive to the public alley.
The subject lot and the adjacent properties are zoned
Employment (E-1). The subject property and the
properties to the east, west, and south are within the
Residential Overlay. The properties to the north,, across
Clear Creek Drive, are developed with employment type
of businesses including manufacturing and production
facilities, warehousing, and commercial office types of
uses. These properties do not include the residential
overlay. The property to the east is a large acre vacant
parcel owned by Union Pacific Railroad.
The lot and those adjacent area are also in the Detail Site Review overlay and the Wildfire Hazards
overlay.
Detailed Proposal:
The request is for Site Design Review for a 7,893 square foot, three story, mixed-use, commercial
building.
The proposed building consists of two, attached wall, three story commercial and residential
condominium structures.
The area of the ground floor is proposed as 2,893 square feet. Each half of the structure consists of 809
square feet of commercial office space fronting on Clear Creek Drive, and an associated 499 square foot
garage parking space accessed from the alley at the rear of the property. At the rear of the building is a
277 square feet lobby area that is for residential use. This area includes the residential lobby area, the
stairs, and the elevator. To accommodate and encourage a live/work business environment, access to
the garage is available to the residential lobby area. The garage will always remain available for parking
for business related use.
The upper floors are proposed as two story, three-bedroom, residential units. The second floor of each
residence is approximatly 1,396 square feet in area and the third story is 1,085 square feet. There are
decks for outdoor living areas provided on both the north and south side of the structure. The residences
are accessed via the rear entry lobby area.
The proposed 7,893 square foot building area complies with the minimum floor area ratio of .50 FAR
which is 5,802 square feet.
192 Clear Creel< Drive
Mixed Use Commercial Office Building
Page 3 of 18
The three-story building is proposed as a single slope roof, modern, commercial structure. Strong
orientation to the public street with accessible pedestrian access from the public sidewalk to the ground
floor commercial tenant office space is provided.
The structure is setback the minimum distance to provide clearance for the 10 -foot public utility
easement. This area becomes a pedestrian plaza area between the structure and the front property line.
The three-story building is proposed as a single slope, modern, commercial structure. Each office unit
has a strong orientation to the public street with accessible pedestrian access from the public sidewalk
to the ground floor commercial tenant office space is provided.
The structure is slightly higher than the grade of the street as per the conditions of approval of the
subdivision, but the existing grade of the property is level with the sidewalk and site development does
not necessitate the grade be artificially elevated above the street. To create the most accessible site for
all users, and achieve a pedestrian and bicycle -oriented layout, fill material is not proposed to be brought
onto site to elevate the structure above the sidewalk and create a barrier to the street of stairs and grade
changes. The proposed building is not below the grade of the street and the three-story construction
provides a clear orientation, and sense of mass and scale at the street that is appropriate in the
commercial zone.
The landscape plan will demonstrate compliance with the Wildfire Standards for plant materials,
irrigation measures and limited placement of mulch, etc. There are two large stature shade trees south
of the parking area and two street trees will be planted within the landscape park row.
Maximum lot coverage:
Up to 85 percent of the site is allowed to be covered with impervious surfaces, this includes all
impervious surfaces including driveway, parking area, paths, and other solid surfaces. The proposal has
2,638 square feet of landscape area or 20.4 %
Parking:
There are eight parking spaces required for the proposed development. The 1,600 square foot office
areas require 3.2 parking spaces (1600/500=3.2) and the residential uses require four (4) parking spaces.
There are two parking spaces within the garage and six parking spaces within the surface parking area
at the rear of the building.
The proposed on-site parking area is at the rear of the proposed building accessed from the alley.
Findings of Fact:
The following information addressing the findings of fact for the applicable criteria from the Ashland
Municipal Code are provided on the following pages. For clarity, the criteria are in Arial font and the
applicant's responses are in Times New Roman font.
192 Clear Creek Drive
Mixed Use Commercial Office Building
Page 4 of 18
Findings addressing Criteria from the Ashland Land Use Ordinance
Site Development Design Standards Approval Criteria:
18.5.2.050 Approval Criteria
An application for Site Design Review shall be approved if the proposal meets the criteria in
subsections A, B, C, and D below.
A. Underlying Zone. The proposal complies with all of the applicable provisions of the underlying cone
(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.
it can be found that the proposal complies with the standards for mixed-use, commercial/residential
development from 18.2. from commercial development in the Employment zone.
The property is zoned Employment (E-1). The lot area and dimensions are not modified from when
originally platted. There is no minimum or maximum lot dimension, or lot area in the E-1 zone.
The proposed use of the site as office and residential are uses are allowed as permitted and special
permitted uses. Office use is a permitted use in the zone. The residential units are special permitted uses.
The proposed structure is oriented towards the public street and the covered, visually prominent,
pedestrian -oriented entrances. The entrances are setback 17 feet, I0 -inches from the front property line.
The area between the building and the street is a public utility easement and there is a pedestrian plaza
area between the public sidewalk, the front property line and the structure.
There are side yard setbacks provided to allow for a walkway and openings along this side of the
structure. The proposed structures will comply with fire separation and fire rating standards for mixed
use commercial structures and have been designed by Oregon Licensed Architects.
The allowed density is the zone is four units (.27 X 15 = 4). There are two residential units proposed which
is less than the allowed density.
The landscape plan was designed as a Wildfire Overlay zone compliant and where landscaping is within
five feet of the structure, the landscaping is Firewise compliant. The plan calls for 22.7 percent of the site
area to be landscaped. The landscape area includes a storm water filtration system before the stormwater
enters the onsite detention system that then overflows to the public system.
All sides of the structure have architectural interest. The front fagade is spatially defined through the use
of different materials, a large overhang from the deck above, commercial glazing the covered bicycle
parking structure.
Hardi-board with stucco finish and CMU veneer in Willamette Greystone are the primary exterior fagade
materials.
192 Clear Creek Drive
Mixed Use Commercial Office Building
Page 5 of 19
The proposed building is 371 — I" tall. The proposed building is less than the maximum building height in
the E-1 zone. The proposed structure complies with solar setbacks and the right -of way at 6C? feet in
width and the 17 foot, 10 -inch setback from the subject property's north property line, solar shadow will
fall within the street right-of-way.
18.2.3.130 Dwelling in Non -Residential Zone
A. Dwellings in the E-1 zone are limited to the R -overlay zone, See chapter 18.3.13 Residential
Overlay.
The property is within the R -overlay.
B. Dwellings in the E- I and C- I zones shall meet all of the following standards:
1. Mixed -Use Developments. If there is one building on a site, ground floor residential uses shall
occupy not more than 35 percent of the gross floor area of' the ground floor. Where more than one
building is located on a site, not more than 50 percent of the total lot area shall be designated for
residential uses. At least 65 percent of the gross floor area of the ground floor shall be designated
for permitted uses and uses permitted with special use standards, not including residential uses.
There is one, condominium building proposed for the site. The gross floor area of the ground floor
is 2,893 square feet.
The ground floor is proposed to have two units, each with 809 square feet of conditioned
commercial office area. At the rear of the office units is a 496 square foot garage space.. lobby
area is proposed as the access to the residential units.
Of this, 1,618 square feet is devoted to commercial office use area, and a parking space for the
commercial use, 995 square feet for each office and 491 square feet for each garage. The parking
area is dedicated to the commercial use and is not for storage. The proposal complies with the
standard and more than 65 percent of the ground floor is for commercial use.
There is 27'6 square foot area of the ground floor that is devoted to the residential entry lobby
area, which is nine percent of the total gross floor area of the ground floor.
2. Residential densities shall not exceed 15 dwelling units per acre in the E-1 zone, 30 dwelling
Units per acre in the C-1 zone, and 60 dwelling units per acre in the C- I -D zone. For the purpose
of density calculations, units of less than 500 square feet of gross habitable floor area shall count
as 0.75 of a unit.
There are two residential dwellings. The allowed density of the property is four units. The
proposed density complies.
192 Clear Creek Drive
MNed Use Commercial Office Building
Page 6 of 18
3. Residential, uses shall be subject to the same setback, landscaping, and design standards as for
permitted uses in the underlying zone.
The setbacks, landscoping, and design standards that have been applied to the residences is the
some as those of the underlying E-1 zone.
4. Off-street parking is not required for residential uses in the C-1 -D zone.
The property is in the E-1 zone. Each residential unit requires two parking spaces. The required
parking for the residential use is proposed in the parking area.
B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 183).
The property is subject to Basic and Detail Site Design Review, The property also has a Residential Overlay.
The proposal complies with the standards for the overlay zones. Findings are detailed herein.
The proposed landscape plan will comply with the standards from the Wildfire Hazards Overlay
requirements and does not use plants from the prohibited plant list.
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.
18.4.2.040 Non -Residential Development
The proposed development of the Employment zoned land with a mixed-use commercial
structure will have a positive impact upon the Clear Creek Drive streetscope. The building is
proposed to have a minimal front setback area. The buildingfogode occupies the majority of the
fagode and there is clear, pedestrian and access from the public street to the entrances.
B. Basic Site Review Standards.
1, Orientation and Scale.
The proposed building's primary orientation is towards Clear Creek Drive. The proposed
parking is behind the building. There is no automobile parking or circulation between the
building and the street.
The building's fagode is 50'— 4' wide which is the majority of the lot width which is 63'—
811.
There is a public pedestrian access easement on the east side of the property and the side
yard setback and walkway on the west side of the property. The spaces between the
192 Clear Creek Drive
Mixed Use Commercial Office Building
Page 7 of 18
buildings are consistent with the Site Design Standards and the space consists of
landscaping and hard durable surface materials that highlight pedestrian areas along
Clear Creek Drive.
The building entrances are located within 20 feet of the street right-of-way. The entrances
to the office spaces are clearly visible, on eight foot door with transom window, lighting,
pedestrian covering, and material changes all provide emphasis to the entrances.
Public sidewalk and landscape park row exist along a portion of the frontage. This
complied with the standards for Clear Creek Drive at the time of the subdivision
development. Pedestrian plaza area, with hardscape surface treatments between the
sidewalk and the property, provides pedestrian access to the street facing business
entrances directly accessible from the public sidewalk.
2. Streetscape.
There are street trees shown on the proposed landscape plan within the park row for
Clear Creek Drive. The street trees were proposed, and the spacing complies with
18.4.4.030. E.
3. Landscaping.
The proposed landscape areas comply with the minimum required landscape standards
and more than 15 percent of the site has been provided as a landscape area. A common
recycle and refuse area is on the site, screened from view, and accessible from the alley.
The screening will likely consist of wood fence materials that block the view of the trash
area.
4. Designated Creek Protection.
Not applicable
5. Noise and Glare.
All artificial lighting complies with the standards of 18.4.4.050. The lights are shrouded
downward to provide directional lighting but not spillage of light outside of the
immediate area. There are no residential zones in the vicinity of the project site.
6. Expansion of Existing Sites and Buildings.
192 Clear Creek Drive
Mixed Use Commercial Office Building
Page 8of18
Not applicable
C. Detailed Site Review Standards.
The subject property is within the Detailed Site Review Standards Overlay.
1. Orientation and Scale.
Floor Area Ratio (FAR) of 0.50.
The proposed structure complies with the required Floor Area Ratio of .50 (5,802 square
feet). The proposed structure is 7,893 square feet.
There ore distinctive offsets and material changes in the fagade and in the building
height along the facade that break up the massing and scale of the structure.
All of the front facade walls are within 30 feet of the public street. Substantially more
than 20 percent of the wall area facing the street is windows or doorways. The windows
allow view into the working areas of the offices.
There are large windows on either side of the commercial business entrance. The door is
slightly recessed and there is a cantilevered overhang of the balcony above to protect
pedestrians from the elements.
No blank walls are proposed.
2. Streetscape.
Colored and scored concrete is proposed to designate people areas from the public
sidewalk. The building is required to be set back more than five feet due to the 10 foot
public utility easement. The area is proposed to be used far pedestrian walkway.
3. Buffering and Screening.
Landscape buffers are proposed between the surface parking spaces adjacent to the
alley and the property line. A landscape buffer of five feet is proposed along the west
property line.
4. Building Materials.
More than 15 percent of the exterior walls have substantial changes in relief. There is a
substantial base, there are changes in facade materials with the use of CMU veneer
192 Clear Creek Drive
Mixed Use Commercial Office Building
Page 9 of 18
Hardie board with smooth stucco finish. There are black colored, aluminum storefront
style windows and doors. No bright or neon paint calors are proposed the majority of the
building is not glass.
A standing seam metal roof is proposed the roof is non -reflective.
D. Additional Standards for Large Scale Projects.
Not applicable.
18.4.3 Parking Access and Circulation:
There are eight (8) parking spaces required for the proposed development. The 1, 600 square foot
office areas require 3.2 parking spaces (.1600/500=3.2) and the residential units require two
parking spaces for each unit for the total of 7.2 or eight (8) parking spaces.
The proposal provides for all of the required parking on-site. Six parking spaces are proposed to
be access from the alley from the proposed 22 -foot -wide driveway. Two of the parking spaces are
within the garage.
Adequate bicycle parking will be in various locations around the site to provide the most
convenient parking for the users. There is a four space U -rock proposed behind the sidewalk at
the front of the building visible from Clear Creek Drive. Two additional spaces are proposed at the
rear of the building near the residential entrances. Additionally, bike parking will be available
within the garages. All proposed bicycle parking areas will comply with the bicycle parking
standards. The bicycle parking will be located in a manner that provides adequate commercial
customer and residential parking area.
There is an ADA, van accessible parking space proposed in the parking area with an accessible
route to the pedestrian walkway that extends from the parking area to the building facade.
All vehicular access is proposed from the public alley.
18.4.3.080 Vehicle Area Design
A. Parking Location
All proposed parking is behind the fagade of the structure and not visible from the public street.
B. Parking Area Design.
192 Clear Creek Drive
Mixed Use Commercial Office Building
Page 10 of 18
The parking area has six parking spaces. The spaces are proposed to be 9 -feet wide and 18 feet
deep with 22 feet of backup area to allow turn around. One space has an ADA van off-loading
zone.
This parking area is designed to capture and treat surface run-off through the landscape swale.
Two of the parking spaces are proposed to be covered within the garage area, and a substantial
area of the driveway is proposed as permeable surfaces which will reduces the microclimatic
impacts of the parking spaces which complies with AMC 18.4.3.050.B.5 even though not
required.
There are parking lot shade trees and parking lot landscape buffers that comply with the
standards for parking area design.
C. Vehicular Access and Circulation.
The proposed development has proposed a circulation system that accommodates expected
traffic on the site. All parking and vehicle circulation is from the alley. There are all weather
surfaced, pedestrian connections on the site that lead from the parking area to the structure.
There is a pedestrian plaza area and walkway from the street to the entrance of structure as
well.
The proposal includes the relocation of the five-foot pedestrian access easement along the east
property line in favor of a wider, more well lit, visible, and welcoming pedestrian access from the
alley, the parking area and leading through to Clear Creek Drive than the ones along the sides of
the buildings.
D. Driveways and Turn -Around Design
The proposed eight space parking area is proposed to have a driveway of 22 feet in width to
facilitate the flow of traffic from the alley onto the site. There is adequate vehicle back up and
turn around area so that all vehicles enter the alley in a forward manner.
E. Parking and Access Construction.
The parking area and drive aisles are proposed to be paved with a combination of asphaltic and
porous solid surface.
The on-site collection of drainage waters has been engineered by the project civil. There is little
percolation on site and following treatment, the stormwater will go into the city system.
192 Clear Creek give
Mixed Use Commercial office Building
Page 11 of 18
The parking area will have paint or wheel stops to delineate the individual parking spaces and
ADA off-loading zone.
18.4.3.090 Pedestrian Access and Circulation
A safe, direct, convenient walkway system that leads from the street to and through the parking
area and out to the public alley has been proposed. The proposal seeks to relocate a required
five-foot pedestrian access that is on the east side of the property to partner with a five-foot
pedestrian access on the adjacent property further east. The adjacent property will be installing
a DG path. This proposal requests the improved pedestrian access be dedicated adjacent to the
west property line to be shared with the adjacent property to the west. This access easement will
be surfaced with a meandering path of 8 -feet and be a clear easement width of 10-12 feet. The
physical space of the area of the easement is even wider. To provide an inviting entry to the
pathway and the pedestrian space between the buildings, pergola structures are proposed. These
are intended to draw the pedestrian into the site and to utilize the well -lit, wider, better defined
and more secure that a side yard path that is less defined than the proposed pathway.
18.4.4.030 Landscaping, Lighting and Screening
The proposed landscape plan provides for minimum landscape areas. There is more than 20
percent of the total lot area devoted to landscape areas.
The proposed landscape plan uses a variety of deciduous trees, evergreen shrubs and ground
covers.
The street trees proposed are found in the street tree guide. They are suggested to change to not
be Collery pear but some other larger stature street tree that will shade the on -street parking.
Water conservative landscaping has been selected. Proposed plant materials will be to the
standards and sizes of AMC 18.4.4.030.C.6.
The proposal seeks an exception to AMC 18.4.4.0303.F.2. Which requires a five-foot landscaped
strip to screen parking abutting a property line. Exception findings are provided on the following
pages.
Mechanical equipment will be screened to limit view from the public right-of-way. The building
will have solar ready roofing which is not subject to screening requirements.
18.4.4.040 Recycling and Refuse Disposal
192 Clear Creek Drive
Mixed Use Commercial Office Building
Page 12 of 18
The recycle and refuse enclosure area is at the rear of the building and is to be screened from the
public alley view with a five -to -eight -foot screening fence to limit view of adjacent properties. The
portion of the troshlrecycle enclosure area devoted to recycling area will be equal to or greater
in size than the portion devoted to refuse.
18.4.4.050 Outdoor Lighting
There are parking lot light poles that are not greater than 14 -feet in height. The light fixtures will
not obstruct and public ways, driveways or walkways.
18.4.7 Signs.
The signs for the individual businesses will comply with the sign code standards for sign area
based upon business frontage with the sign sizes varying based on the tenant needs.
18.4.,8 Solar Access.
To the north, there is a 60 -foot -wide right -of way for Clear Creek Drive. The proposed structure
complies with the proposed setback from the front property line complies with required solar
setbacks as the rights -of -way are allowed to be shadowed by development.
D. City Facilities. The proposal con-iplies 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.
Adequate city facilities exist to service the proposed development. All plans will be submitted to the City
of Ashland Public Works Department, Engineering Division and the City of Ashland Electric Division for
review and approval.
Sanitary Sewer - The property is currently served by an 8 -in sanitary sewer main in Clear Creek Drive. The
existing main ends short of the end of the current street improvements so the main will be extended from
the existing terminus to a spot adjacent to the new development.
Water - The property is currently served by on 8 -in water main in Clear Creek Drive. City of Ashland Water
Department will top the existing water main and install the new water services and water meter boxes
that are proposed.
Storm Drainage - The property is currently served by a 12 -in storm sewer main in Clear Creek Drive.
192 Clear Creek Drive
Mixed Use Commercial Office Building
Page 13 of 18
Storm Water Facility Design Requirements
The development will create more than 2,500 square feet of impervious surface, the proposed
stormwater drainage facility plans created by the project civil engineer complies with the requirements
of the DEQ MS4 General Permit phase 2. The proposal follows the guidance and requirements set forth
in the current Rogue Valley Stormwater Quality Design Manual.
E. Exception to the Site Development and Design Standards. The approval authority may approve
exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either
subsection 1 or 2, below, are found to exist.
The proposal seeks an exception to AMC 18.4.4.030.F.2. a. Screening Abutting Property Lines. A five-foot
landscaped strip shall screen parking abutting a property line. The reason for the request is due to the
required number of parking spaces, the required dimensions of parking spaces, buffers and
maneuvering aisles are wider than the lot width allows. The proposal seeks to reduce the buffer along
the east property line and eliminate the buffer on the west property line where the parking area abuts
the proposed centralized public pedestrian access easement and walkway.
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;
The lot width as platted is 63.64 feet wide. The demonstrable difficulty in meeting the standards
is that the lot width is less wide than standard parking area, maneuvering and landscape
buffering dimensions require.
The standard parking space is required to be 18 feet deep, each parking space requires a 22 -
foot back up aisle, this is 40 feet of depth for each parking space with two rows of parking
utilizing a shared drive aisle, the required depth of parking is 58 feet. in addition, five feet of
landscape on both sides required for a total improved width of 68 feet. This is greater than the
lot is wide.
The proposed development of the site is with low intensity, office use and fewer than allowed
residential units thus limiting the number of parking spaces on site. With all parking required to
be accessed from the alley, the basic parking lot dimensions do not fit within the lot width.
Eight, head -in spaces with landscape buffers directly adjacent to the alley are wider than the lot
is wide and creates a substantial walk for business and residential users from the parking to the
building, so this layout does not comply. The lot is long and narrow thus necessitating the single
drive aisle and the dual rows of parking accessed from the driveway.
192 Clear Creek Drive
Mixed Use Commercial Office Building
Page 14 of 18
The limited lot width and the required number of parking spaces, adequate dimensions, and
maneuvering area, drive aisles is a demonstrable difficulty in direct compliance with the
standards.
The proposed, relocated pedestrian walkway to the centralized location on the west side of the
subject lot parking area leaves a small, —18 -inches between the parking spaces and the east
property line. There is more than five feet to the building on the adjacent property and to their
parking area thus meeting the intent and purpose of the code which is to buffer the parking
areas from adjacent uses. This side of the adjacent development to the east is the is an
unadorned, blank, side wall.
The proposal to shift pedestrians away from this type of corridor to a well -lit, observable,
walkable for all abilities and central to the block is a benefit to the subdivision and the individual
lot proposing the modification. This allows for a wider than ten foot landscape buffer between
the parking spaces on the subject lot and the adjacent development parking spaces, this
benefits both developments by allowing larger area for better landscape survivability.
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; or
See findings above.
3. There is no demonstrable difficulty in meeting the specific requirements for a cottage housing
development, but granting the exception will result in a design that equally or better achieves the
stated purpose of section 18.2.3.090. (Ord. 3147 § 9, amended, 11/21/2017)
Not applicable.
18.5.6.040 Minor Modification
1. A Minor Modification is a change to an approved plan or condition of approval that does not meet
any of the thresholds for a Major Modification listed in section 18.5.6.030.A. For minor amendments to
partitions and subdivisions, see also, subsection 18.5.3.020.F.
C. Minor Modification Approval Criteria. A Minor Modification shall be approved only upon the
approval authority finding that all of the following criteria are met.
1. Minor Modification applications are subject to the same approval criteria used for the initial project
approval, except that the scope of review is limited to the modification request. For example, a request
to modify a commercial development's parking lot shall require Site Design Review only for the
proposed parking lot and any changes to associated access, circulation, etc. Notice shall be provided in
accordance with chapter 18.5.1.
192 Clear Creek Drive
Mixed Use Commercial Office Building
Page 15 of 18
The proposal is to add a public utility easement upon the existing public pedestrian access easement
along the east property line of the subject lot. There is a minor encroachment into the easement
proposed with pavement and curbing. The functional public pedestrian access will be provided along
the west property line of the subject lot, shared with the adjacent property to the west owned in
common. The modification is a minor change of conditions from the original approval (PA2000-096).
The proposal adds a ten -to -twelve foot -wide public pedestrian access easement, with an eight foot
improved width to be shared with the adjacent property to the west. The easement and improvements
extend between the two buildings (new development proposed at 188 Clear Creek Drive) that are
owned in common allowing placement of the easement upon the properties.
The impact to subdivision is positive. The connectivity for pedestrians through the properties is
improved with the proposed pedestrian connection. The proposed walkway will have scored/stamped
concrete to distinguish it from the other surfaces. The proposed pergola is to invite users through the
site and this proposed location being wider, more visible than along the sides, better lit and necessary
for access to the parking area, refuse area and a direct wide connection that one can see through, it
provides the feeling of more security and safety, and less area for hidden zones.
Other than the requirement that there be on access easement, there is no clear direction in the
subdivision approval or in subsequent development since. The development at 186 Clear Creek Drive is
built up to the easement and there is lawn and shrubbery that was established in 2006 but no clear
pedestrian path.
The proposal retains the existing easements and adds a public utility easement to the existing easement
and a new public pedestrian easement.
AMC 18.5.3.020
F. Minor Amendments. The following minor amendments to subdivisions and partitions are
subject to ministerial review in chapter 18.5.1.040. Changes to an approved plan or condition of
approval that do not meet the thresholds for a minor amendment, below, are subject to chapter
18.5.6, Modifications to Approved Planning Applications.
1. A change that does increase the number of lots or parcels created by the subdivision.
The number of lots in the New Addition Subdivision is not increased with the minor modification.
2. A change that does not enlarge the boundaries of subdivided or partitioned area.
The change does not enlarge the boundaries of the subdivide or partitioned area.
192 Clear Creek Drive
Mixed Use Commercial Office Building
Page 16 of 18
3. A change that does not alter the general location or amount of land devoted to a specific land
use.
The change does not alter the location or amount of land devoted to a specific land use.
4. A change that makes only minor shifting of the established lines, location, or size of buildings
or building envelopes, proposed public or private streets, pedestrian ways, utility easement, or
parks and common open spaces. (Ord. 3191 § 31, amended, 11117/2020)
The proposal is a minor addition of a public utility easement to a public pedestrian access
easement and to create a new public pedestrian access easement and to allow for a minor
encroachment into the existing public pedestrian access with pavement and curbing of the
parking area.
2. A modification adding or altering a conditional use, or requiring a variance, administrative variance,
or exception may be deemed a Major Modification and/or may be subject to other ordinance
requirements.
The modification request does not require a CUP, administrative exception or variance and does not
appear to be subject to other ordinance requirements.
3. The approval authority shall approve, deny, or approve with conditions the application, based on
written findings; except that conditions of approval do not apply, and findings are not required, where
the original approval was approved through a Ministerial review.
The modification request seeks to allow the addition of a public utility easement to the existing
pedestrian access easement and to add a new public pedestrian access easement along the east
property line to be shared with the adjacent property to the east that is owned in common.
The findings above describe the requested modification and its impacts and that the proposal improves
pedestrian access and circulation through the subdivision that the narrow, side of building pedestrian
easement that was approved in 2000 contemplated but provided no direction as to how to achieve the
pedestrian access condition.
Respectfully submitted,
Amy Gunter
Rogue Planning & Development Services
192 Clear Creek Drive
Mixed Use Commercial Office Building
Page 17 of 18
Attachments;
DEQ Clearance Letter
Electric Distribution Plan
Subdivision Survey
Proposed Development Plan Set
T1.0 —Title Sheet
T3.0 — Renderings and Materials
A1.0—Site Plan
A2.1— First Floor Plan
A2.2 --Second Floor Plan
A2.3 --Third Floor Plan
A4.0 — Roof Plan
A5.1— Exterior Elevations
A5.2 — Exterior Elevations
C2.0 — Erosion Control Plan
C4.0 — Preliminary Grading and Drainage Plan
C5.0—Site Utility Plan
LC — Landscape Plan
192 Clear Creek Drive
Mixed Use Commercial Office Building
Page 18 of IS
Prd n r -I W t "rY
.)regon
I-- A kar�A?,V( m V 'kl� ernar
am-MIGN
it
Mr. Bob M'ukworth
Union Pacific Railroad
AMAMMI
Re: Application of Residential Buffer Zone
Ashland Rail Yard Piroject
Dear Mr, M,ukworth:
EXHISIT E,
kepattment of Environmental QuaJUA
Wenitern Repin
1102 LLnco�n
Suite
Eugene, OR 9-,401
The Oregon Department of Environmental Quality (DIEQ) was recently asked to clarify
the interpretation and application of the residential buffer zone being considered for the
Ashland Rail Yard site. A question has specifically arisen as to the application of the
buffer zone adjacent to employment district Zoning. This letter responds to those requests.
The basis for the buffer zone is contained in Oregon Administrative Rule 340-122.045,
which describes the application of Oregon's Numerical Soil Cleanup Levels, The
Numerical Soil Cleanup Levels provide an alternative to complet4 a site-specific
human health risk assessment through the use of conservative chemical -specific cleanup
levels. The Numerical Soil Cleanup Levels are only applicable for sites and contaminants
where there is no impact to surface water, groundwater or sensitive environments by the
contaminants,
At the Ashland Rail Yard site, use of the Numerical Soil Cleanup Levels has been
proposed for lead, which has been found in surface soils across the site but has not been
found in surface water or groundwater. Lead is also a good candidate for use of the
Numerical Soil Cleanup Levels since standard site-specific risk assessment approaches
are generally difficult to use to evaluate and quantify lead exposure,
The Numerical Soil Cleanup Level Tables contain cleanup target values for both
residential and industrial uses. For lead, the residential maximum sail concentration is
200 mg/k-g and the industrial maximum soil concentration is 2.00(1 m&g. The difference
in the two values is based on differing exposure assumptions used in the derivation of the
standards. In application of the standards. residential concentrations are used unless it can
be shown that the industrial levels are appropriate for a given site. OAR 340.122-045
(7)(a) and (b) indicate that the industrial level is only applicable for facilities planned and
zoned for industrial use where appropriale institutional controls are in place: to preserve
the assumed uses,
11
0
(0"')
M•AY-15-2001 1257 PM POW NDREWSREALTY 541 60e lei
EXHIBIT E, p9,2
Ur Sob Alrrkworlh, L'PRR
,4pril 18, 2000
Page
OAR 340-122-043 (7)(c) describes the buffer zone, In order to apply the industrial
tttatimum soil cleanup level, the facility must demonstrate that "uses of the facility and
uses and zoning ref proper es within 100 meters of the contaminated area are industrial
uses or are other uses where the Departrrierrt Concurs that the earposure is limited and
thus doer not warrant appltcarlon of the residential standard "
In reviewing these rules with respect to the Ashland Rail Yard and current and anticipated
zoning in the area. DEQ has determined that residentially zoned areas exist to the south of
the site -south of A Street -arid CO the north of the site --north and northeast of the oil
water scparatar ponds on the site- that will require application of s 100 -meter buffer zone
for lead. In other words, within 100 meters of any residentially zoned property, the
eleanun standard for lead at the Ashland Rail Yard site will he 20ft tn$/kg, in other areas
of the site that are not within the 100 -meter buffer zone and are currently zoned for
industrial or employment districl use, the industrial cleanup standard of 2,000 mg/kg will
apply so long as appropriate institutional controls are put in place to limit residential use
and exposure. The specifics of these Jutitutiunal controls will need to be negotiated with,
and agreeable to, DEQ.
DEQ has determined that, given the specifics of the City ofAshland s employment
district land use ordinance, the 100 -meter buffer zone is not applicable. 'his
determination has been made on the finding that potential residential exposure scenarios
within this employment district land use zone would be significantly different fmm the
general residential exposure scenarios used in the development of the Numerical Soil
Cleanup Level rules. Based on this finding, DEQ will not apply a 100 -meter buffer zone
to portions of the site bounded by property with mixed use employment district zoning,
such as the property adjacent to the westernrail and roperty boundary.
I hope that this letter has helped to clarify the basis, use and application of the buffer zone
at the Ashland Rail Yard site. Please Cali me if you have any questions on this matter or
any other aspect of the project. I can be reached at 686-7838, ext, 253.
Sincerely,
Michael J, McCann
Project Manager
Voluntary Cleanup Program
cC� Tanice Zinky, E%"vl
Donna Andrews
Keith Andersen, DEQ -Eugene
Jeff Christiansen, DEQ -Portland
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