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HomeMy WebLinkAboutFourth_270_PA-T1-2022-00180April 7, 2022 Notice of Final Decision On April 7, 2022, the Community Development Director approved the request for the following: Planning Action: PA -TI -2022-00180 Subject Property: 270 Fourth St. Applicant: Lisa Polinder/Fred Frantz Description: A request for a Minor Land Partition at 270 Fourth St to divide the property into two commercial properties. Both proposed parcels have existing structures, and no new construction or changes are proposed. One new lot will consist of the building in the SW corner that was built in 1995 (Planning Action #95-066) and associated parking. Tile remainder of the structures and parking will stay together. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP. 39 11a 09AB; TAX LOTS: 5500 The Community Development Director's decision becomes final and is effective on the 12"' 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 rnet prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland COITIMunity Development Department, located at 51 Winburn Way, Copies of file documents can be requested and are charged based on tile 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 ofthe 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(15), The AtAJO 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 Johanna Tuthill 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 m,�w� v.aShL1nd,(1V% Lis 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, aType I decision becomes effective 12 days after tile, 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 all issue to be raised by letter or evidence during tile 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. 1 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. 1 If the Staff Advisor is satisfied that an error occurred crucial to [lie 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 C111cial 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 tile 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 1.8.5.1.450.13. 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 q1'A1)J)ea1. Any person with standing to appeal, as provided in subsection 18.5.1,05O.GJ, above, may appeal aType 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. I f all appellant prevails at the hearing or upon Subsequent appeal, the fee for the initial hearing shall be refunded. b. Time for FilingA notice of appeal shall be Filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c, Confew of'Notice qfAp1)ea1,TIie 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 IllUst 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 Lip to, the Type 1, 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 - 19T860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Knburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -TI -2022-00180 SUBJECT PROPERTY: 270 Fourth St APPLICANT/OWNER: Lisa Polinder/Fred Frantz DESCRIPTION: A request for a Minor Land Partition at 270 Fourth St to divide the property into two commercial properties. Both proposed parcels have existing structures, and no new construction or changes are proposed. One new lot will consist of the building in the SW corner that was built in 1995 (Planning Action #95-066) and associated parking. The remainder of the structures and parking will stay together. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 IE 09AB; TAX LOTS: 5500 SUBMITTAL DATE: March 9, 2022 DEEMED COMPLETE DATE: March 16, 2022 STAFF APPROVAL DATE: April 6, 2022 APPEAL DEADLINE (4:30 P.M.) April 20, 2022 FINAL DECISION DATE: April 21, 2022 APPROVAL EXPIRATION DATE October 21, 2023 DECISION The proposal is a request for land partition to create two lots in a commercial area. The current lot has multiple addresses on both A St {500 and 502 A St) and Fourth St (270 and 274 Fourth St). The lot is rectangular in shape and has three structures. One lot will include the existing buildings located on the east and north lines. The other lot will contain the small structure in the southwest corner. This land partition was proposed and approved in 2018 (PA -TI -2018-00022). Due to failure of the applicant to complete the partition, the approval expired on March 27, 2020. The current application proposes the same land partition with few changes. The subject property is located on the cast side of Fourth St near the intersection of Fourth St and A St. The surrounding neighborhood consists of a mixture of restaurants, retail, and offices. There is also a mix of single family and multifamily residences a block to the south. The subject property, and surrounding areas, are zoned Employment (El). The property is approximately 9,147 square feet or 0.21 acres in size. The property is relatively flat, with an approximate 3% downslope to the north. The larger structures, to remain with the parent parcel, include professional offices and an art gallery. These buildings consist of a two story 4,000 sq ft structure facing A St and a one story 1,700 sq ft structure facing the parking lot. Henceforth the structures will be referred to as building #1 and 42. Building ##1 was expanded from one story to two stories in 1988 (PA 88-082). The newest structure, a 655 square foot office located in the PA -T1-2022-00180 270 Fourth St/jt Page 1 southwest corner, was approved in 1995 (PA- 95-066). Henceforth this structure will be referred to as building 43. PA 95-066 required three parking spaces and the currently installed landscaping. Building #3 was approved as retail but has since been converted to an office occupancy. Parking is divided up between two areas on the lot. The primary parking lot supports buildings #1 and 42. It is located in the center of the lot and takes access off of Fourth St. Parking for Building #3 is located in the southeast corner of the lot and consists of three approved parking spaces. The number of spaces is adequate for the current office use. This parking lot takes access off the alley located between A St. and B St. There are a few large trees on the property. The largest tree is a 24 -inch diameter at breast height (DBH) cedar in the southeast corner of the lot. Another large 18 -inch DBH conifer tree is located in the landscaping adjacent to Fourth St. that was installed per PA -95-066. The overall percentage of landscaping met the requirements at the time of PA -95-066 and will not be changing with this action. The proposal is to divide the subject property into two lots so that the larger structures, buildings #1 and #2, remain on one lot (Parcel 1) and a new smaller lot (Parcel 2) containing building 43. Per the preliminary survey Parcel 1 is proposed to be 7,099 sq ft and Parcel 2 is 2,044 sq ft.. The E-1 zone does not have a minimum lot size, width, depth, maximum lot coverage, minimum front, side, or rear yards, or setbacks. The only proposed structural changes are the removal of the storage shed on proposed Parcel 1 and the removal of the pergola on proposed Parcel 2 to meet building code requirements. Presently, there are no planned additions to any of the existing buildings. The application includes material from a registered architect illustrating compliance with the fire code and building code. A parking easement granting access for Parcel 1 is proposed on the north side of Parcel 2. Proposed easements for gas line, electric, and internet cable are included in the application map extending over proposed Parcel 2 to serve Parcel 1, matching the current utility line locations. The existing lot is large enough to be divided into two lots, and the future use of the lot and surrounding properties for urban purposes will not be affected by the proposed land partition. There are no previous planning actions or land partitions on file for the subject property for the past 12 months. The proposed lots are mostly rectangular in shape. Parcel 2 will start wider to the west and narrow to the east to ensure that sufficient landscaping is included on both lots. According to the application, Parcel 1 has a lot width of approximately 75 feet, and a lot depth of 90 feet and Parcel 2 has a lot width varying between 19 feet and 32 feet, and a lot depth of 75 feet. Parcel 1 is technically oriented to A St with the northern lot line being considered the front, and the rear lot line to the south. Parcel 2 will have an orientation to the west with frontage on Fourth St., and the rear lot line to the east, abutting the neighboring property address as 542 A St. There are several considerations the applicants should be aware of in case the use or occupancy of building 43 changes in the future. The separation requirement required by building code between PA -TI -2022-00180 270 Fourth St/jt Page 2 lots may be greater and may need to be changed through a lot line adjustment for a higher intensity use. Additionally, changes requiring a building permit or a change in occupancy may require modifications to address the Americans Nvith Disabilities Act accessibility requirements. The approval criteria for a partition are in AMC 18,53.050 as follows,: 18.5.3.050 Preliminary Partition Plot Criteria The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met. A. 'File filtUre Use for urban purposes of the remainder of the, tract will not be impeded. B. 'File development of the remainder of any adjoining land or access thereto will not be impeded. C. The partition plan conforms to applicable City -adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area. D. The tract of land has not been partitioned for 12 months. E. Proposed lots conform to the: requirements of the Underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation). F. Accesses to individual lots conform to the standards in section 18.4.3,080 Vehicle Area Design. See also, 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria. G. The proposed streets, utilities, and Surface water drainage facilities conform to the street design standards and other requirements in part 18.4, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications. 14, Unpaved Streets. I. Minii-nUln Street improvement. When there exists a 20 -foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan, such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimurn width of the street shall be 20 -feet with all work done under permit of the Public Works Department. 2. Unpaved Streets. The Public Works Director may allow an unpaved street for access for a [arid partition when all of tile following conditions exist. a. The unpaved street is at least 20 -feet wide to the nearest fully improved collector or arterial street, The City may require the street to be graded (cut and filled) to its standard physical, width, and Surfaced as required in chapter 18A.6 prior to the signature of the final partition plat by the City. b. The centerline grade on any portion ofthe unpaved street does not exceed tell percent. c. The final elevation of the street shall be established as specified by the Public Works Director except where the establishment of the elevation would produce a substantial variation in the level of the road surface. In this case, the slope of the lot shall be graded to meet the final street elevation. d. Should the partition be on all unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate iia the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks, and the undergrOUnding PA -TI -2022-00180 270 Fourth St4jt Page 3 of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. C. Where an alley exists adjacent to the partition, access may be required to be provided frorn the alley and prohibited froin the street. J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development. K. A partition plat containing one or more flag lots shall additionally ineet the criteria in section 1 8. 5.3.,060. The application with the attached conditions complies with all applicable City ordinances. Planning Action PA-I'l -2022-00180 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 PA -TI -2022-00180 is denied. The following conditions are attached to the approval. That all proposals of the applicant shall be conditions of approval unless otherwise modified herein. 1) All casements for public and private utilities and access shall be indicated oil the final survey plat as required by the Ashland Engineering Division. 2) That prior to the signing of the final plat the landscaping shalt meet the standards of the approved landscaping and irrigation plan of Planning Action 95-066. 3) That a final Survey plat shall be submitted within 18 months of the final decision date of the preliminary partition plat for review and approval by the City of Ashland. Bill Mo In ar, Director Date Department Of Community Development PA -TI -2022-00180 270 Fourth St/jt Page 4 AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On April 7, 2022 ['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 -T1-2022-00180, 270 Fourth St.. MichaeCSuClivan Signature of Employee GAco rr-dev4planningTfanning Adonsfts by Streetf- Fourth SkeatFourth_2701Fou tlr_278_PA-71-2022-001801NoleingWODTourih_270_PA-2022-00i80_NOD_A1Hdavi4 of Mailing.dom 41712022 PA -T1-2022-00180 391E09AB5600 PA -T1-2022-00180 391E09AB6303 PA -T1-2022-00180 391E09AB9700 2 SIRENS LLC AJANI OREGON LLC ET AL BRISCOE JAMES CHRISTOPHER TRU 560 TERRACE ST 1685 OLD HIGHWAY 99 S 6625 CAMINITO BLYTHEFIELD ASHLAND, OR 97520 ASHLAND, OR 97520 LA JOLLA, CA 92037 PA -T1-2022-00180 391 E09AB6503 PA -T1-2022-00180 391 E09AB5300 PA -T1-2022-00180 COSTELLO PROPERTIES LLC DAVIS CAROL HORN TRSTEE FBO FARBER CONSULTING 565 A ST 100 660 PRIM ST PO BOX 5286 ASHLAND, OR 97520 ASHLAND, OR 97520 CENTRAL POINT, OR 97502 PA -T1-2022-00180 391E09AB9000 FRANTZ LAURA 34 SE 52ND AVE PORTLAND, OR 97215 PA -T1-2022-00180 391 E09AB9800 GARSON THOMAS LICYNTHIA H PO BOX 966 ASHLAND, OR 97520 PA -T1-2022-00180 391 E09AB5000 JACKSON DANIEL D TRUSTEE 1793 ANDERSON CREEK RD TALENT, OR 97540 PA -T1-2022-00180 FRED FRANTZ 2526 COLSTIN RD ASHLAND, OR 97520 PA -T1-2022-00180 391 E09AB6500 HOXMEIER STEVEIKATHY 435 B ST ASHLAND, OR 97520 PA -T1-2022-00180 391E09AB9600 JONES LARRY D 1188 TYLER CREEK RD ASHLAND, OR 97520 PA -T1-2022-00180 391E09AB6301 PA -T1-2022-00180 391E09AB5100 LOMBARDI ROBERT J ET AL MASSY SYLVIAIJOHNSON CHRIS 1685 OLD HIGHWAY 99 S 564 A STREET ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2022-00180 391 E09AB9100 PA -T1-2022-00180 391 E09AB5500 PERSEPHONES HOUSE ASHLAND LLC POUNDER LISA KAREN PO BOX 50220 267 MEADE ST EUGENE, OR 97405 ASHLAND, OR 97520 PA -T1-2022-00180 391 E09AB5900 ROBINSON EDWIN P TRUSTEE 2407 BRENTWOOD RD SACRAMENTO, CA 95825 PA -T1-2022-00180 391E09AB9200 TRES STARS LLC PEERLESS HOSPITALITY LLC 265 4TH ST ASHLAND, OR 97520 PA -T1-2022-00180 391 E09AB6200 WILSON ARTHUR/MARY ELLEN 565 B ST A ASHLAND, OR 97520 PA -T1-2022-00180 391E09AB6502 SACHS JAMES D TRUSTEE ET AL 253 N 3RD ST ASHLAND, OR 97520 PA -T1-2022-00180 391 E09AB5801 GARFAS JOSEPH -TRUSTEE 1188 TYLER CREEK RD ASHLAND, OR 97520 PA -T1-2022-00180 391 E09AB6501 ICSTR8 LLC 175 LITHIA WAY 302 ASHLAND, OR 97520 i PA -T1-2022-00180 391E09AB5200 KLAMATH SISKIYOU WILDLANDS CE PO BOX 102 ASHLAND, OR 97520 PA -T1-2022-00180 391 E09AB5400 PALACE CHOP HOUSE LLC PO BOX 3666 CENTRAL POINT, OR 97502 PA -T1-2022-00180 391 E09AB5800 PROVOST PROPERTIES LLC 6431 ADAMS RD TALENT, OR 97540 PA -T1-2022-00180 TERRA SURVEY 274 4TH ST ASHLAND, OR 97520 PA -T1-2022-00180 391 E09AB6700 PA -T1-2022-00180 391 E09AB6302 UNION PACIFIC RR CO PROPERTY TAX VOLPATTI KELLY J/RICK N DEPARTMENT 230 FOURTH ST 1400 DOUGLAS ST 1640 ASHLAND, OR 97520 OMAHA, NE 68179 PA -T 1 -2022-00180 391 E09AB6504 270 Fourth NOD WILSON ELLIS V/MILDRED M 04/07/22 1475 WINDSOR ST ASHLAND, OR 97520 29 d d P',,, d I'V:;! V Y': I Ranning Department, 51 Winburn ..ay, Ashland, Oregon 97520 CITY OF 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PA -T1-2022-00180 SUBJECT PROPERTY, 270 Fourth Street OWN ERJAPPLI CANT: Lisa Polinder/Fred Frantz DESCRIPTION: A request for a Minor Land Paitition at 270 Fourth St to divide the property into two commercial properties. Both proposed parcels have existing structures and no new construction or changes are proposed. One new lot will consist of the building in the: SW corner that was built in 1995 (Planning Action 495-066) and associated parking. The remainder of the structures and parking will stay together, COMPIIIENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 IE 09AB;TAX LOT: 550'O 32115 A21 Z2 05 4ry raa 17 1-17 26 o' 42 ub 296'4 450 52, 4 ec S 269 Subject Property ... 27700 Fourth St. 3d `YA 205 42Xu2 PA -T1-2022-00180 2 G 4 567 muxmv 24 26 04 zq Q44 4: 55 40 o r1 t 4 203 MC 725 16 7,j r W sae "Fat ns Re 3B 4 491, 266 A fo ba 565 2M 247 62' 46 6 653 3 37 94 9h 1 414 dl 43 &86 1,1 2C)o incleqvaWdeel Maprdng 1. h—afio 00y and W— - —.,Iy P ammq C I T V Q6 I DO 50 0 100 3DO 400 AMat.1n$ I �helat3u -ASHLAND 0 35 70 —._140 210 2110 et Feet "Pendenfiy field vWfivd fm o�dae�, andlW kcatim .Fe 11,200 Moo nini. d cv4pl anni i ig\Nann i nS Aci 1: a n s\P As b,a S t r eeffWourffi S I reetTo Li rth_2 7 O\F oun h 2 7 0 PAJ 1-20 22 - 00 1 SONot k i n g\ Fou rrh 2 70_PA-T 1 -2022-00 18 0 INOC. do cx The Ashland Planning Division Staff hat eive,d a complete application for the prop noted on Page I 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, or pLanning@_ashlandor-us. A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at hqpjL/1gls. ash lanj, or, Li s/d eve lop me ntprgpgsal s/, 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 Winburr Way, via a pre -arranged appointment by calling (541), 48,8-5305 or emailing planning@ashland.or.us. Any affected property owner or resident has a right to submit written comments to planning r as4�land or.0 or to the City of Ashland Planning Division, 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 6 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 18.5,1.950.G) The ordinance criteria applicable to this application are attached to this notice, Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the, objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. If you have questions or comments concerning this request, please feel free to, contact Johanna Tuthili at 541-488-5305 or Johanna-tutbillPash land, or. us A - PRELIMINARY PARTITION PLAT 18.5.3.050 The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met. A. The future use for urban purposes of the remainder of the tract will not be impeded, B. The development of the remainder of any adjoining land or access thereto will not be impeded, C. The partition plan conforms to applicable City -adopted neighborhood or district plans, it any, and any previous Land use approvals for the subject area, D. The tract of land has not been partitioned for 12 months. E Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation). F. Accesses to individual lots conform to the standards in section 18 4.3.0811 Vehicle Area Design. See also, 18.5.3.060 Additional Preliminary Flag Lot Partition PlatCr4erla. G. The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and other requirements in part 18.4, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shah identify all proposed public improvements and dedications,, K Unpaved Streets. 1. Minimum Street Improvement. When there exists a 20 -foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, asde ��gnatecl in the Comprehensive Plan, such access shall be improved with an asphaltic concrete pavement designed for the: use of the proposed street. The minlrnum width of the street shall be 20 -feet with all work done under permit of the Public Works Department. Z Unpaved Streets. The Public Works Director may allow an unpaved street for access for a land partition when all of the following conditions exist. a. The unpaved street is at least 20 -feet wide to the nearest fully improved collector or arterial street. The City may require the street to be graded (cut and filled) to its standard physical width, and surfaced as required in chapter 18,4.6 prior to the signature of the final partition plat by the City. b, The conterline grade on any portion of the unpaved street does not exceed ten percent. c. The final elevation of the street shall be established as specified by the Public Works Director except where the establishment of the elevation would produce a Substantial variation in the level of the road surface. In this case, the slope of the lot shall be graded to meet the final street elevation. d, Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks, and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied, I. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development, (3:\conini-dev\plaiirtinylPiniii7ing Actiom\PAs by StTeakFTOI]rth 270_,?A-T I -2022-OCISONNoticiaA&,\FoLirth-270 PA-TI-2022-00180NOC docx AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On March 16, 2022 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 #TREE -2022-00180, 270 Fourth. Reg" tel. Signature of Employee Glcomm-devVwning%Flanning Actionsfts by Sheetffourth StreeFourth_2701FovRh_270_PA-T1.2022-00180WolcingTourth_270_PA-T1-2022-00180_Affofmailing.docx 3116022 AVERY 5160 TREE -2022-00180 391 E09AB5700 2 SIRENS LLC 560 TERRACE ST ASHLAND, OR 97520 -E-2022-00180 391 E09AB6303 AJANI OREGON LLC ET AL 1685 OLD HIGHWAY 99 S ASHLAND, OR 97520 TREE -2022-00180 391 E09AB6503 TREE -2022-00180 391 E09AB5300 COSTELLO PROPERTIES LLC DAVIS CAROL HORN TRSTEE FBO 565 A ST 100 660 PRIM ST ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2022-00180 391 E09AB9000 TREE -2022-00180 FRANTZ LAURA FRED FRANZ 34 SE 52ND AVE 2526 COLSTIN RD PORTLAND, OR 97215 ASHLAND, OR 97520 TREE -2022-00180 391 E09AB9800 GARSON THOMAS UCYNTHIA H PO BOX 966 ASHLAND, OR 97520 TREE -2022-00180 391 E09AB5000 JACKSON DANIEL D TRUSTEE 1793 ANDERSON CREEK RD TALENT, OR 97540 TREE -2022-00180 391E09AB6301 LOMBARDI ROBERT J ET AL 1685 OLD HIGHWAY 99 S ASHLAND, OR 97520 TREE -2022-00180 391 E09AB9100 PERSEPHONES HOUSE ASHLAND LLC PO BOX 50220 EUGENE, OR 97405 TREE -2022-00180 391 E09AB5900 ROBINSON EDWIN P TRUSTEE 2407 BRENTWOOD RD SACRAMENTO, CA 95825 TREE -2022-00180 391E09AB9200 TRES STARS LLC 265 4TH ST ASHLAND, OR 97520 TREE -2022-00180 391 E09AB6500 HOXMEIER STEVE/KATHY 435 B ST ASHLAND, OR 97520 TREE -2022-00180 391E09AB9600 JONES LARRY D 1188 TYLER CREEK RD ASHLAND, OR 97520 TREE -2022-00180 391 E09AB5100 MASSY SYLVIA/JOHNSON CHRIS 564 A STREET ASHLAND, OR 97520 TREE -2022-00180 391 E09AB5500 POLINDER LISA KAREN 267 MEADE ST ASHLAND, OR 97520 TREE -2022-00180 391E09AB6502 SACHS JAMES D TRUSTEE ET AL 253 N 3RD ST ASHLAND, OR 97520 TREE -2022-00180 391 E09AB6700 UNION PACIFIC RR GO 1400 DOUGLAS ST 1640 OMAHA, NE 68179 �� e 1,,",:E-2022-00180 391 E09AB9700 BRISCOE JAMES CHRISTOPHER TRU 6625 CAMINITO BLYTHEFIELD LA JOLLA, CA 92037 TREE -2022-00180 FARBER CONSULTING PO BOX 5286 CENTRAL POINT, OR 97502 TREE -2022-00180 391 E09AB5801 - - GARFASJOSEPH -TRUSTEE 1188 TYLER CREEK RD ASHLAND, OR 97520 TREE -2022-00180 391 E09AB6501 ICSTRB LLC 175 LITHIA WAY 302 ASHLAND, OR 97520 TREE -2022-00180 391 E09AB5200 KLAMATH SISKIYOU WILDLANDS CE PO BOX 102 ASHLAND, OR 97520 TREE -2022-00180 391 E09AB5400 PALACE CHOP HOUSE LLC PO BOX 3666 CENTRAL POINT, OR 97502 TREE -2022-00180 391 E09AB5800 PROVOST PROPERTIES LLC 6431 ADAMS RD TALENT, OR 97540 TREE -2022-00180 TERRA SURVEY 274 FOURTH STREET ASHLAND, OR 97520 TREE -2022-00180 391 E09AB6302 VOLPATTI KELLY JIRICK N 230 FOURTH ST ASHLAND, OR 97520 TREE -2022-00180 391 E09AB6200 TREE -2022-00180 391 E09AB6504 NOC 29 WILSON ARTHUR/MARY ELLEN WILSON ELLIS WMILDRED M 270 Fourth 565 B ST A 1475 WINDSOR ST 3.16.2022 ASHLAND, OR 97520 ASHLAND, OR 97520 ZONING PERMIT APPLICATION �ft Planning Division (� cr CITY a 5I. Winbu Way, Ashland OR 97524 FILE $' A ASHLAND 541-488-5305 Fax 541488-6006 DESCRIPTION OF PROJECT PARTITION PLAT DESCRIPTION OF PROPERTY Street Address 270 4TH STREET Assessor's Map No. 391E 09AB Zoning E-1 APPLICANT Name FRED FRANTZ Address 252E COLSTIN RD PROPERTY OWNER Name HSA POLINDER Pursuing LEEDO Certitieation? © YES © NO Tax Lot(s) 5600 EMPLOYMENT Comp Plan Designation Phone 541-864-9248 E -Mail faf@bisp-net City ASHLAND zip 9797 520 Phone 556 -393 -2145.E -Mail l.polinderBO8@gmail.com Address 257 MEADE STREET City ASHLAND Zip 97526 SURVEYOR ENGINEEk ARCHITECT LANDSCAPE ARCHITECT OTHER Title AGENT Name FARBER CONSULTING phone 541-664-5599 E -Mail herb@farberconsuiting.biz Address PO BOX 5286 Title SURVEYOR Name TERRASURVEY INC Address 274 4TH STREET city CENTRAL POINT Zip. 97562 Phone 5417482-64744 E -Mail FAF a@BlSP.NET City ASHLAND Zip 97520 ! hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of tact, are In 811 respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish t} that t produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact fumishedjustifias the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are propedy located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense. - if 1 have any doubts, I am advised to seek competent professional advice and assistance. AP licartt's Sign Lure Date As ownerof the property involved in this request, l have read and understood the complete applic tion and its consequences to me as a property owner. Property Owner's Signature (required) Date rr01*tn PW8dbyCdy5W ' Date Received__2 Zoning Permit Type—T4Z j — Filing Fee $ — Gi OVER w CViWMn"W%plenning)FGr & Nanduu1s12ontng Pr jt Applieafiun.do ZONING PERMIT SUBMITTAL REQUIREMENTS o APPLICATION FORM must be completed and signed by both applicant and property owner. Li PLANNING FEES FORM must be completed and signed by both applicant and property owner. ❑ FINDINGS OF FACT— Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence, List the findings criteria and the evidence that supports it. Include information necessary to address all issues detailed in the Pre Application Comment document. ❑ TRUE SCALE PDF DRAWINGS — Standard scale and formatted to print no larger than 11 x17 inches. Include site plan, building elevations, parking and landscape details. ❑ FEE (Check, Charge or Cash) ❑ LEED@ CERTIFICATION (optional) — Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps: • Hiring and retaining a LEER® Accredited Professional as part of the project team throughout design and construction of the project, and • The LEEK® checklist indicating the credits that will be pursued. NOTE: • Applications are accepted on a first come, first served basis. • Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full payment. • All applications received are reviewed for completeness by staff within 30 days from application date in accordance with ORS 227.178. • The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting. (Planning Commission meetings include the HearingsBoard, which meets at 1.30 pm, or the full Planning Commission,. which meets at 7.00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St). A notice of the project request will be sent to neighboring properties for their comments or concerns. • If applicable, the application will also be reviewed by the Tree andlor Historic Commissions. ii:~xmnns•devlplenninglPa�ms& Handouts�Zooing.PeMftk Applimnon.dnc TYPE' [ : REVIEWS. Total Zone/Comprehensive Plan Map Change $2,993.00 Comprehensive Plan Change Total Conditional Use. Permit $4,502.25 $2,247.50 $4,502.25 Variance Any other Type III Review $3,749.00 $2,247.50 Any other Type 11 Review Total $2,247.50 Comprehensive Plan Map/Large Zoning Map Amendment Independent Review of Wireless Communications Facilities Land Use Ordinance Amendment $5,000,00 Comprehensive Plan Amendment $5,254.25 Base Fee # of Lots Total Outline or Preliminary Plat for Subdivision $150.00 $2,247.50 + $325.00 x $1.50 per lot Final Plan with Outline/Performance Standards Subdivision $2,993.00 + Solar Access Permit (not a Solar Variance) x $150 per lot is x $12.50 per lot Base Fee Valuation [$1269.25 Commercial Site Review $2,247.50 + x 0.5% �'YPE lil REVII_WS -� �- P ;W-� Applicant's Signature )Owner's Date AMC 18.5.1.050.A.1 & AMC 18.5.2.060.A.1 Application Form and Fee. Applications for Type i review shall be made on forms provided by the Staff Advisor. One or more property owners of the property for which the planning action is requested, and their authorized agent, as applicable, must sign the application: The application shall not be considered complete unless the appropriate application fee accompanies it. Total Zone/Comprehensive Plan Map Change $2,993.00 Comprehensive Plan Change $2,993.00 Annexation $4,502.25 Urban Growth Boundary Amendment $4,502.25 Any other Type III Review $3,749.00 LEGISLATIVE AMENDMENTS Total Comprehensive Plan Map/Large Zoning Map Amendment $5,254:25 Land Use Ordinance Amendment $5,254.25 Comprehensive Plan Amendment $5,254.25 APPEALS Total Appeal for Initial Public Hearing (Planning Commission/Building. Appeals BoardlDemolition Review Hoard) $150.00 Appeal for Final .Decision of the City (Planning Commission or City Council) $325.00 Base Fee # of Lots Total Solar Access Permit (not a Solar Variance) $5150 + x $12.50 per lot TOTAL FEES. [$1269.25 -� �- P ;W-� Applicant's Signature )Owner's Date AMC 18.5.1.050.A.1 & AMC 18.5.2.060.A.1 Application Form and Fee. Applications for Type i review shall be made on forms provided by the Staff Advisor. One or more property owners of the property for which the planning action is requested, and their authorized agent, as applicable, must sign the application: The application shall not be considered complete unless the appropriate application fee accompanies it. OFFMAS1Planning Division c, r v or 51 Winbum Way, Ashland OR 97520. ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROPERTY Street Address 274 4TH STREET APPLICANT Name LISA POUNDER Address 267 MEADE STREET PLANNING ACTION FEES Phone 360-393-2145 E -Mail I.Polrnder808@grnaii.c City ASHLAND State OR Zig} 97520 FEE SCHEDI,1LE —Please Mark All Thad Apply ADMINISTRATi.VE ACTIONS_ , . Total Zoning Permit - FENCE $31.25 T _ Zoning Permit - HOME OCCUPA'T'ION $31.25 Zoning Permit - ACCESSORY STRUCTURE $31.25 Street Tree Removal $100.00 Land Use Approval Extension $37050 Lot Line Adjustment $370.50 Any Other Administrative Action $370.50 Base Fee # of Lots Total Final Plat Review - PARTITIONS $145.75 + x $11.50 per lot $ Final Plat Review - SUBDIVISIONS $370.50 + x $31.25 per lot. $ Base Fee .Per Sq. Ft. Sign Permit - NEW $145.75 + x $2.75 per sq.it. $ Sign Permit - REPLACEMENT $31.25 + x $2.75 Nr sq.ft. $ :TY PE.1REVIEWS .: Total Tree removal Permit (not associated.with another action) $100.00 Solar Setback Variance 51,120:25 Amendments to Conditions $1;120.25 Physical & Environmental Constraints $1,120.25 Conditional Use Permit $1,:120.25 Variance $1.,120.25 Any other Type l Review $1,120.25 Independent Review of Wireless Communications Facilities $5,000.00 Base Fee # of Units Total Residential Site Review $1,12015 + x $74.50 per unit $ Pival. Plan/Performance Standards Subdivision $1,12025 + x $74.5.0 per unit $ Land Partition $1,120:25 + 2 x $74.50 per unit $'126925 Base Fee Valuation Total Commercial Site Review $1,120.25 + x 0.5% IS Finding of Fact Land Partition Lisa Polinder 267 Meade Street. Ashland Oregon 97520 Assessor Map No 391E09AB-5600 Site Address: 274 4th Street HISTORY: This application is a re-application of the planning; action PA -T1-2018-00022 with a copy of the decision as stated in the approval dated September 14, 2018, as follows: "The proposal is a request for land partition to create two lots in a commercial area. The current lot has multiple addresses on both A St (500 and 502 A St) and Fourth St (270 and 274 Fourth St). The lot is rectangular in shape and has three structures. One lot will include the existing buildings located on the east and north lines. The other lot will contain the small structure in the southwest corner. The subject property is located on the east side of Fourth St near the intersection of Fourth St and A St. The surrounding neighborhood consists of a mixture of restaurants, retail, and offices. There are also a mix ofsingle family and multifamily residences a block to the south. The subject property and surrounding; area are zoned Employment (El). The property is approximately 9.147 square feet or .21 of an acre in size. The property is relatively flat, with an approximately 3% downslope to the north. The larger structures, to remain with the parent parcel, are a mixture of offices and an art gallery. They consist of a two story 4,000 sq ft structure facing A St and a one story 1,700 sq ft structure facing the parking lot. Henceforth the structures will be referred to as building#1 and #r`2. The two story structure was expanded from one story in a planning action, PA 88-082, that was approved in 1988. The newest structure, a 65 5 square foot office located in the southwest corner, was approved by planning; action 95-066 in 1995.Henceforth this structure will be referred to as building #3. PA 95-066 required three parking spaces and the currently installed landscaping. Building #3 was approved as retail but has since been converted to an office occupancy. Parking is divided up between two areas on the lot. The primary parking lot supports buildings # 1 and #2. It is located in the center of the lot and takes access off of Fourth St. Parking for #3 is located in the southeast comer of the lot and consists of three approved parking spaces. The number of spaces are adequate for the current office use. This parking lot takes access off of the alley located between A St and B St. No changes are proposed to the parking lots. There are a few large trees on the property. The largest tree is a 24 -inch diameter at breast Pagel of 5 height (DBH)cedar in the southeast comer ofthe lot. Another large 18 -inch DBH conifer tree is located in the landscaping adjacent to Fourth St that was installed in PA -95-066. The landscaping appears to have some deferred maintenance, but no changes are proposed. The overall percentage of landscaping met the requirements at the time of PA -95-066 and will not be changing with this action. The proposal is to divide the subject property into two lots so that the larger structures, buildings #1 and #2,remain on one lot (Parcel l) and a new smaller lot with building 43 (Parcel 2) is created from the south ofParcel l . The lot square £outages may change to. ensure that they meeting building code requirements, but per the preliminary survey Parcel 1 is proposed to be 7,099 sq ft and Parcel 2 is 2,044 sq ft. The zone does spot have a minimum lot size, width, depth, maximum lot coverage, niinirnum front, side, orrear yards, or setbacks. There are no changes proposed to the structures on either property at this point in time. The existing lot is large enough to be divided into two lots and the future use of the lot and surrounding properties for urban purposes will not be affected by the proposed land partition. There are noprevious planning actions or land partitions on file for the subject property for the past 12 months. The proposed lots shapes are mostly rectangular. Parcel 2 will start wider to the west and narrow to the east to ensure that sufficient landscaping is included in both lots. According to the application. Parcel l has a lot width of approximately 75 feet and a lot depth of 90 feet and Parcel 2 has a lot width varying between 32 feet and 19 feet and a lot depth of 75 feet. Parcel 1 is technically oriented to A St with the front lot line to the north and the rear lot at the south. Parcel 2 will have an orientation to the west on. Fourth St with a rear lot fine to the east, abutting the neighboring property address as 542 A St. The City of Ashland Building department provided comments on the project indicating that the lot line adjacent to building #3 will need to be pushed out further to comply with building code requirements. Acondition has been added to this approval to that effect. There are several considerations the applicants should be aware of in case the use or occupancy of building 43 changes in the future. The separation requirement .required by building code between lots may be greater anal may need to be changed through a lot line adjustment for a .higher intensity use. Additionally.. changes requiring; a building permit or a change in occupancy may require the ADA improvements." The 2018 approval has expired due to failure of the client to complete the partition. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR`S MAP: 39 IE 09AB; TAX LOTS: 5500 Page 2 of 5 LAND PARTITION;. The application must address the following standards.for Land Partitions in Municipal Code (AMC) 18.5.3.020 and approval criteria from AMC 18.5.3,050. 18.5.3.020 Land Divisions and Property Line Adjustments A. Applicability. The requirements for partitions and subdivisions apply, as follows. 2. Partitions are the creation of three or fewer lots from one parent lot, parcel, or tract, each having frontage on a public street, within one calendar year. FINDING. The proposal is a request for land partition to create two lots in a commercial area separating the two existing structures an the parent tract as show on the accompanying map. This is the same configuration as the 2018 approval B. Land Survey. Before any action is taken pursuant to this ordinance that would cause adjustments or realignment of property lures, required yard areas, or setbacks, the exact lotlines shall be validated by location of official survey pins or by a survey performed by a licensed surveyor. FINDING: Accompanying this application is the map illustrating all the existing conditions and proposed boundaries C. Subdivision and Partitions Approval Through Two -Step Process. Applications forsubdivision or partition approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation.. 1. The preliminary plat must be approved before the final plat can be submitted forreview. 2. The final plat must demonstrate compliance with all conditions of approval of thepreliminary plat. FINDING. no comment on this section. D. Compliance With Oregon Revised Statutes (ORS) chapter 92. All. subdivision and partitions shall conform to state regulations in Oregon Revised Statute (ORS) chapter 92,Subdivisions and Partitions. FINDING: no comment on this section. E. Future Re -Division Plant. When subdividing or partitioning tracts into large lots (i.e., greaterthan two times or 200 percent the minim -um lot size allowed by the underlying land use district), the lots shall be of such size, shape, and orientation as to facilitate fixture re-divisionand extension of streets and Page 3 of 5 utilities. The approval authority may require a development plan indicating how further division of oversized lots and extension of planned public facilities to adjacent parcels can occur in the future. If the Planning Commission determines that an area or tract of land has been or is in the process of being divided into four or more lots, the Commission can require full compliance with all subdivision regulations, FINDING: no comment on this section. F. Miner Amendments. The following minor amendments to subdivisions and partitions are subjectto 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 18.5.6Modifications to Approved Planning Actions.. 1. A change that does increase the number of lots or parcels created by thesubdivision. 2. A change that does not enlarge the boundaries of subdivided or partitioned area.. FINDING: no comment on this section. 3. A change that does not alter the general location or amount of land devoted to aspecific land use. FINDING. There will be no changes to the existing and authorized uses of the property.. 4. A changes that mares only minor shining of the established lines, location, or size ofbuildings or building envelopes, proposed public or private streets; pedestrian ways,utility easement, or parks and other public open spaces. G. FINDING: The proposed partition will not change the character of use of the property. 18.5.3.050 Preliminary Partition Plat Criteria. The approval authority shall approveanapplication for preliminary partition plat approval only where all of the following criteria are met. A. The future use for urban purposes of the remainder of the tract will not be impeded. Finding: The only change to use will be the ownership of the existing use. B. The development of the remainder of any adjoining land or access Page 4 of 5 thereto will not be impeded. Finding. The only change to use will be the ownership of the existing use. C. The partition plan conforms to applicable City -adopted neighborhood or district plans, if any,and any previous land use approvals for the subject area. Finding. There is no change and complies with all adopted plans D. The tract of land has not been partitioned for 12 months. Finding: There have been no land divisions in the last 12 months. E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, anyapplicable overlay zone requirements, per part 18.3, and any applicable development standards, per part 18,4 (e.g., parking and access, tree preservation, solar access and orientation). Finding. These elements are not applicable to this application as there are no planned additions to any of the existing buildings The only proposed changes are the removal of the storage shed on proposed Parcel 1 and the Pergola on proposed Parcel 2 to comply with setback standards. SUMMARY. Two issues brought forth in the pre application meeting are landscaping and building code issues related to the fire code. The 2018 approval states "The landscaping appears to have some. deferred maintenance. but no changes are proposed. The overall percentage of landscaping met the requirements at the time of PA -95-066 and will not be changing with this action." Accompanying this application is a. report prepared by Calos Delgado illustrating compliance with the building code fire issues. We respectfully request approval of this partition application as requested. Herb Farber, agent Farber Consulting PO Box 5286 Ccritral Point, Oregon 97502 Phone: 541-664-5599 Date: 03-04-2022 Page. 5 of 5 I" z yz o o � s; t IO I ��� too Uz F i I d 4 w 3 3 Q a ' OOY � S1p?Xb1 v +��•sis S\ l oCL f I - p cY w tyl-' U W I 1 OR a - v � ucr ucs uce_.�_..� � � •oapl e \ [I � � � �b f M r \ v Plat \ II"s6r. 44 1 0 2 a� a OW O OLP wz 4 3 M HIM r waKvg ' OOY � S1p?Xb1 v +��•sis S\ l oCL f I - p cY w tyl-' U W I 1 OR a - v � ucr ucs uce_.�_..� � � •oapl e \ [I � � � �b f M r \ v Plat \ II"s6r. 44 1 0 2 a� OW O OLP wz 4 3 M ' OOY � S1p?Xb1 v +��•sis S\ l oCL f I - p cY w tyl-' U W I 1 OR a - v � ucr ucs uce_.�_..� � � •oapl e \ [I � � � �b f M r \ v Plat \ II"s6r. 44 1 0 2 U w� 0-4 p ga ;� a ora _ Y) ¢ s I w U ff O N .a Q I I i n !.1 4 i N a: ' a Opp 211 '_ �07ky1 v 41G v ' v \ 4 Q i Q � � ! r v , V > l r so , o _ .cg) M_ 3� ly pz> / pDW myl� ZSan o�g W w�� a ❑��z e LL / 4 f � � I ----- ouuuuuwirrr� The comments of this pre -app are preliminary in nature and subject to change based upon the submittal of additional or different information. The Planning Commission or City Council are the final decision making authority of the City, and are not bound by the comments made by the Staff as part of this pre -application. ASHLAND PLANNING DIVISON PRE -APPLICATION CONFERENCE COMMENT SHEET January 5t', 2022 PLANNING DIVISION COMMENTS SITE: 270 4"' St APPLICANT: Herb Farber / Terrasurvey REQUEST: Minor Land Partition This pre -application conference is intended to highlight significant issues before the applicant prepares and submits a formal application. Summary: The proposal is for a partition of a commercial 0.21 -acre lot into two lots. This was previous approved but for unknown reasons was not completed. Due to the length of time and concerns about the building dept. requirements a new pre -application conference is required. The primary issues in meeting the approval standards are from a planning standpoint include ensuring enough parking exists for both lots per the use and meeting the minimum landscaping requirements. These were not addressed in the previous application submittal, but the findings prepared by staff addressed parking as such: Parking is divided up between two areas on the lot. The primary parking lot supports buildings #1 and 42. It is located in the center of the lot and takes access off of Fourth St. Parking for #3 is located in the southeast corner of the lot and consists of three approved parking spaces. The number of spaces are adequate for the current office use. This parking lot takes access off of the alley located between A St and B St. No changes are proposed to the parking lots. A final prepared application shall address all proposed uses in all buildings including parking allocation. The primary issue with regard the approval from the building department is proving compliance with the fire separation of the building code. For the plat to be approved the applicant will need to provide a code analysis to the building official prepared by a licensed design rofessional showing how the proposed property lines and distances to existing structures will need to be fire rated as identified in Table 602 OSSC shown on the attached PDF. Opening protectives will also need to be addressed per Table 705.2 OSSC. Please also see attached letter prepared in 2018 conveying a message from the building official. The Building official recently reviewed this email and confirmed that those remarks were valid. 270 4" St January 5, 2022/aa Page 1 LAND PARTITION The application must address the following standards for Land Partitions in Municipal Code (AMC) 18.5.3.020 and approval criteria from AMC 18.5.3.050. 18.5.3.0120 Land Divisions and Property Line Adjustments A. Applicability. The requirements for partitions and subdivisions apply, as follows. 2. Partitions are the creation of three or fewer lots from one parent lot, parcel, or tract, each having frontage on a public street, within one calendar year. (Note: Partitions of three lots with access via a private drive are allowed under chapter 18.3.9 Performance Standards Option.) B. Land Survey. Before any action is taken pursuant to this ordinance that would cause adjustments or realignment of property lines, required yard areas, or setbacks, the exact lot lines shall be validated by location of official survey pins or by a survey performed by a licensed surveyor. C. Subdivision and Partition Approval Through Two -Step Process. Applications for subdivision or partition approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation. 1. The preliminary plat must be approved before the final plat can be submitted for review. 2. The final plat must demonstrate compliance with all conditions of approval of the preliminary plat. D. Compliance With Oregon Revised Statutes (ORS) chapter 92. All subdivision and partitions shall conform to state regulations in Oregon Revised Statute (ORS) chapter 92, Subdivisions and Partitions. E. Future Re -Division Plan. When subdividing or partitioning tracts into large lots (i.e., greater than two times or 200 percent the minimum lot size allowed by the underlying land use district), the lots shall be of such size, shape, and orientation as to facilitate future re -division and extension of streets and utilities. The approval authority may require a development plan indicating how further division of oversized lots and extension of planned public facilities to adjacent parcels can occur in the future. If the Planning Commission determines that an area or tract of land has been or is in the process of being divided into four or more lots, the Commission can require full compliance with all subdivision regulations. 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 18.5.6Modifications to Approved Planning Actions. 1. A change that does increase the number of lots or parcels created by the subdivision. 2. A change that does not enlarge the boundaries of subdivided or partitioned area. 270 411' St January 5, 2022/aa Page 2 3. A change that does not alter the general location or amount of land devoted to a specific land use. 4. A changes 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 other public open spaces. 18.5.3.050 Preliminary Partition Plat Criteria. The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met. A. The future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be impeded. C. The partition plan conforms to applicable City -adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area. D. The tract of land has not been partitioned for 12 months. E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation). o The new lot is required to provide 1 parking space per 4 seats or 1 parking space per 100 sq. ft, of gross Boor area, whichever is less. o Based on the proposed lot layout, it appears that 12 seats would be allowed with the 3 existing parking spaces. o 15% of both lots is required to be landscaping and the application will need to show how these values are met OTHER ORDINANCE REQUIREMENTS The new lot would need its own utility meters. OTHER CITY OF ASHLAND DEPARTMENT COMMENTS BUILDING: Building division is investigating setbacks from lot lines. Tease contact the Building Division for any building codes -related questions at 541-488-5305. CONSERVATION: For more information on available water conservation programs, including any available appliance rebates or assistance with landscaping and irrigation system requirements, please contact Water Conservation Specialist Julie Smitherman of Conservation Division at 541-552-2062 or via e-mail to Julie. smithermangashland. or.us . For information on any financial or technical assistance available for the construction of Earth Advantage/Energy Star buildings, please contact Conservation Analyst/Inspector Dan Cunningham at 541-552-2063 or via e-mail to dan.cunnin hamQashland.or.us 270 4` St January 5, 2022/aa Page 3 ENGINEERING: No comments at this time. Please contact Karl Johnson of the Engineering Division for any Public Works/Engineering information at 541-552-2415 or via e-mail to karl.iohnson@ashland.or.us . FIRE: See comments at the end of this file. Please contact Ralph Sartain from the Fire Department for any Fire Department -related information at 541-552-2229 or ralph.sartain@ashland.or.us. WATER AND SEWER ,SERVICE: "If the project requires additional water services or upgrades to existing services the Ashland Water Department will excavate and install in the city right -of way all water services up to and including the meter on domestic and commercial water lines. If a fire line is required the water department will also only install a stub out to the location where the double check detector assembly (DCDA) complete with a Badger® brand cubic foot bypass meter should be placed in a vault external to the building. The vault and the DCDA device housed in it are the responsibility of the property owner and should be placed at the property line. Fees for these installations are paid to the Water Department and are based on a time and materials quote to the developer or contractor. Meter sizes and fire line diameters will need to be provided to the Water Department at the time of a quote being requested. Please Contact Steve Walker at 541-552-2326 or e-mail walkers ashland.or.us with any questions regarding water utilities." ELECTRIC SERVICE: No comments at this time. If any upgrades to existing service are necessary, please have applicant contact the Electric Department @ 552.2389. Land partitions are subject to a "Type P' procedure which includes an administrative decision made following public notice and a public comment period. Type I decisions provide an opportunity for appeal to the Planning Commission. APPLICATION REQUIREMENTS Submittal Information. The application is required to include all of the following information. a. The information requested on the application form at http://www.ashland.or.us/Files/Zoning%20Permit%2OAppl_ication.pdf . b. Plans and exhibits required for the specific approvals sought (see below). c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail (see below). d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable. e. The required fee (see below). 270 4"' St January 5, 20221aa Page 4 The Ashland Land Use Ordinance, which is Chapter 18 of the Municipal Code, is available on- line in its entirety at: https:l/ashland.municipal.codes/LandUse Written Statements Please provide two copies of a written statements explaining how the application meets the approval criteria from the sections of the Ashland Municipal Code listed below. These written statements provide the Staff Advisor or Planning Commission with the basis for approval of the application: o Land Partition AMC 18.5.3.050 Plans & Exhibits Required Please provide two sets of exhibits (plans or drawings) addressing the submittal requirements from the sections of the Ashland Municipal Code listed below. These exhibits are used to copy the Planning Commission packets and for notices that are mailed to neighbors. Please provide two copies on paper no larger than 11 -inches by 17 -inches and reproducible copies that are drawn to a standard architect's or engineer's scale. o Preliminary Plat for Land Partition: AMC 18.5.3.040.8 FEES: Land Partition $1,120.25 + $74.50 per unit NOTE: All applications received are reviewed and must be found to be complete before being processed or scheduled at a Planning Commission meeting. Applications will not be accepted without a complete application form signed by the applicant(s) and property owner(s), all required materials and full payment. Applications are reviewed for completeness in accordance with ORS 227.178. For further information, please contact: January 5 2022 Aaron Anderson, Associate Planner Date City of Ashland, Department of Community Development Phone: 541-552-2052 or e-mail: aaron.anderson ashland.or.us 270 4" St January 5, 2022/aa Page 5 Ashland Fire & Rescue 455 Siskiyou Boulevard Ashland, OR 97520 541.482.2770 Pre -Application Comments Date: 11/23/2021 Project Address: 270 Fourth Street Permit Number: PREAPP-2021-00303 Project Description: Lot Partition (1 lot into 2 lots) Ashland Fire & Rescue Contact: Ralph Sartain 541-552-2229 ral h.sartain ashland.or.us Fire department comments are based upon the 2019 Oregon Fire Code as adopted by the Ashland Municipal Code, and Ashland Land Use Laws: • Fire has no additional comment for this project. Final determination of fire hydrant distance, fire flow, and fire apparatus access requirements will be based upon plans submitted for Building Permit review. Changes from plans submitted with this application can result in further requirements. Any future construction must meet fire code requirements in effect at that time. The fire department contact for this project is Fire Marshal Ralph Sartain. He may be contacted at (541) 552-2229 or ralph.sartain@ashland.or.us. 270 4" St January 5, 2022/aa Page 6 From: Nathan Emerson Sent: Tuesday, August 21, 2018 10:13 AM To: 'kamica rlson@johnlscott.com'; 'terrain@bisp.net' Subject: 270 4th St Lot Partition Hello folks, I believe that both of you are helping Frank with the lot split at 270 4th St. I wanted to send these along as they affect the potential approval and use down the line. The building department (and others) provided comments on Frank's application to split the lot. Here were their comments on the current application: Locate underground utility line and verify will match proposed easement ADA accessible route from parking to door of rear of small building on proposed parcel 2 must be preserved and covered by easements if partially located on proposed parcel 1 Need to meet separation requirement (Building Code) to new property lines (north property of proposed parcel 2) — must show meet before survey is signed, sounds like it is a minimum of 10 feet from small building on proposed parcel 2 to new property line to the north, but only about 8' is shown o If results in property line being adjusted, may also need to provide parking easement to adjoining property In addition, they wanted to let you know the following about future use: • If use and occupancy of small building on proposed parcel 2 change from original occupancy to new (e.g., office to restaurant), several building code requirements will likely apply that the applicant should consider now o Separation requirement from small building on proposed building 2 may be even greater than 10' for example, if it changes from office to restaurant 0 25% of any building changes will be required in ADA improvements o If occupancy changes, ADA parking will be required — do they have a van accessible space? Will the parking ration work if two existing spaces converted to one ADA? Steven Matiaco is our building official who provided the comments. He recommend talking to a design professional who can help navigate the building fire separation requirements. Let me know if you would like to discuss. Thank you, Nathan Emerson Assistant Planner City of Ashland, Community Development Department 20 E. Main St., Ashland, OR 97520 541.552.2052 Tel 800.735.2900 TTY This email transmission is official business of the City of Ashland and it is subject to Oregon Public Records Law far disclosure and retention. !f you have received this message in error, please contact me at (541) 55.E-2052. Thank you. - CL FOURTH STREET (60' R/W) - - —^ ......— w .�.- w w —W —W — w —W y'�-- w o w —� Y� -47 71, � rw�ti 9ku �crru- 9 mg 179.1 I!I 2 M � gym � om Yy eI E6 - B35w3'33'E 89.7B' ' � •+ f > V �9 m 'v5 li1 °r w m w a u a om 0 Mo o � 2 0 s-9 n '""'n oN' o w c g O .- •. - i n '%J COVERED. ' A% ETNRWnY AN � -Aa �o eI E6 Xta� 58-e, a oZv n TAX WT WO �v > V �9 m 'v5 li1 °r w m w a u a om 0 Mo o � 2 0 s-9 '""'n oN' o w c g AN � -Aa �o Xta� 58-e, a oZv n TAX WT WO S o n �v > V �9 m 'v5 li1 °r w m w a u a om S o n �v > V >t 0 Mo o � 2 0 ro CITY OF Planning Division 61 Winburn Way, Ashland, OR ,ASHLAND 97520 DESCRIPTION OF PROJECT Project Description PARTITION PLAT I APPLICANT Name TERRASURVEYINC Address 274 FOURTH STREET I PROPERTY OWNER Name LISA POLINDER Address 267 MEADE STREET Street Address - 2.70 FOURTH STREET i City ASHLAND Zip 97520 Day Time Phone 360-393-2145 C�ty ASAJFI�11D Zip _PZ5?� SUBMITTAL REQUIREMENTS To request a pre -application conference, submit this form with true scale P'DF drawings to PIaLnninq0ashland.or.us. The application will need to include plans addressing the application submission requirements including site and landscaping plans drawn to a standard scale and formatted to print to scale on paper no larger than 11 -inches by 17 -inches. 1. Completed Application, 2. Narrative — Provide a written description of proposal and request. (If in Historic District, provide pictures of existing structures, elevations of proposed structures and details of planned exterior design features and materials) 3. Site Plan — The site plan should contain all applicable elements in the Site Plan Checklist (see page 2) plus any other information pertinent to this proposal. The site plan will be checked to insure all applicaNe information is included at the time the pre -application date is set. 4. Additional information - Provide in the narrative or with the site plan: 1) Number of acres in development 2) Total gross square footage of all structures 3) Number of stories on each structure 4) Indicate number of and square footage of: a) Dwelling Units (include the units by the number of bedrooms in each unit — e,g. 10 1 -bedroom, 25 2 -bedroom, etc) b) Office Spaces c) Retail Units d) Other Spaces 5) Percentage of lot coverage by: a) Structures e,) Landscaping b) Streets & Roads 0 Number of parking spaces c) Parking Areas/Driveways g) Total square footage of landscaped areas, d) Recreation Areas h) Other pertinent information of the proposed development 5. LEEDO Certification —Indicate whether project will be pursuing LEEDO certification. 6. Submittal Fee Scheduledfar @2PM Pg,2 of 5 PRE -APPLICATION SITE PLAN CHECKLIST PRE -APPLICATION BUILDING INFORMATION Please attempt to indicate the following (Note: if information is not known please leave blank) 1. Current Building Occupancy Type (select one): Assembly = More than 50 occupants Theaters, Restaurants, Nightclubs, Taverns and Bars, Community Halls, Art Galleries, Places of Worship, Arenas, Bleacher's, etc, Business = Less than 50 occupants Professional Service Office, Barber and Beauty Salons, Training and Skill Development not within a school or academic program, Bank, Print Shop, etc. Educational Schools K -12th Grade, Religious Educational Rooms and Auditoriums, Day Care Facilities ❑Factory (F- Occupancy's include, among others, the use of a building or structure or portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations that are not classified as Group H -Hazardous or Group S -Storage Occupancy's Pg.3 of 5 YES NO NIA Project Name ✓ 2. Owner Name ✓ 3. Site Address and Map & Taxlot Number 1/ 4. Vicinity Map - with street names and locations of all existing and proposed streets within or on the bounda of the proposed development 5. Scale & North Arrow ✓ 6. Lot Layout with approximate dimensions for all lot lines ✓" 7. Zoning Designations in proposed development and surrounding properties r 8. Location & Use of all proposed and existing building, fences and structures ✓ 9. Indicate which buildings are to remain and which are to be removed ✓ 10. Location of all landscaped areas. Indicate existing trees, size, species, and approximate drip line outer branch location). Identify trees to be removed. 11. Location and size of all public utilities in and adjacent to the proposed development including water line and meter size, sewer lines, storm drain lines, nearest fire hydrant. 12. Locations of drainage ways or public utility easements in and adjacent to proposed development. ✓ 13. Location, size and use of all contemplated and existing public areas ✓ 14. Approximate topography (sloe of the site ✓ Location of all parking areas and individual and handicap parking spaces, in ress and a reqs on the site and an -site circulation E16. Use designation for the areas not covered by buildings (e.g. loading, storage, vacant, o en s ace, etc.. Elevations of the building(s) ✓ 18. Construction materials — wood frame, masonry, etc. (If project is in a Historic District provide pictures of existing structures and indicate proposed exterior materials for siding, windows, trim and roofing) PRE -APPLICATION BUILDING INFORMATION Please attempt to indicate the following (Note: if information is not known please leave blank) 1. Current Building Occupancy Type (select one): Assembly = More than 50 occupants Theaters, Restaurants, Nightclubs, Taverns and Bars, Community Halls, Art Galleries, Places of Worship, Arenas, Bleacher's, etc, Business = Less than 50 occupants Professional Service Office, Barber and Beauty Salons, Training and Skill Development not within a school or academic program, Bank, Print Shop, etc. Educational Schools K -12th Grade, Religious Educational Rooms and Auditoriums, Day Care Facilities ❑Factory (F- Occupancy's include, among others, the use of a building or structure or portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations that are not classified as Group H -Hazardous or Group S -Storage Occupancy's Pg.3 of 5 2. 3. F]High Hazard H -Occupancy's includes, among others, the use of a structure, or a portion thereof, that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities allowed in control areas complying with section 414 of the Oregon Structural Specialty Code. Institutional I -Occupancy's includes, among others, the use of a building or structure or a portion thereof for more than 16 persons, excluding staff, who reside on a 24 hr. basis in a supervised environment and receive custodial care. Detoxification Facilities, Hospitals, Medical Care, Nursing Homes, Congregate Living Facilities, Social Rehabilitation Facilities, Assisted Living Facilities, Alcohol and Drug Centers, Correction Centers, Jails, Reformatories, Adult and Child Day Care Facilities. Mercantile Department Stores, Drug Stores, Markets, Motor Fuel -Dispensing Facilities, Retail or Wholesale Stores, Sales Rooms. Residential Single Family Residence, Hotels, Motels, Apartment Houses, Vacation Time Shares, Congregate Living Facilities (more than 16 occupants), Assisted Living Facilities (with or without a Memory Care Endorsement), Residential Treatment Facilities, etc. Is a Change of Occupancy being requested? If yes, please indicate the proposed Occupancy Type: ❑ Assembly ❑ High Hazard ❑ Business ❑ Institutional ❑ Educational ❑ Mercantile ❑ Factory ❑ Residential If Residential please indicate which type (select one): R-1 Occupancv Hotels (transient), Motels (transient), Boarding Houses (transient) with more than 10 occupants. R-2 Occupancy Apartment Houses, Congregate Living Facilities (non -transient) with more than 16 occupants, Dormitories, Hotels (non -transient), Motels (non -transient), Vacation Time Share Properties, Boarding Houses (non -transient) with more than 16 occupants, etc. R-3 Occupant Detached One and Two Family Dwellings and Townhouses, Adult Care Facilities (six or fewer persons of any age less than 24 hrs.), Adult Foster Homes as defined in ORS Chapter 443, or Family Child Care Homes located in a private residence as defined in the Oregon Structural Specialty Code section 310.2. Buildings that do not contain more than two dwelling units, Boarding Houses (non -transient), Child Care Facilities that provide accommodations for six or fewer persons of any age for less than 24 hrs., Congregate Living Facilities (non -transient) with 16 or fewer occupants, Lodging Houses, etc.) ElR-4 Occupancy This occupancy shall include buildings, structures or portions thereof for more than five but not more than 16 persons, excluding staff, who reside on a 24 -hr. basis in a supervised residential environment and receive custodial care, Congregate Living Facilities, Halfway Houses, Social Rehabilitation Facilities, Alcohol and Drug Centers Assisted Living Facilities (with or without a Memory Care Endorsement), Residential Care Facilities (with or without a Memory Care Endorsement), Residential Treatment Facilities, Group Homes and Facilities, etc.) PgA of 5 4. Type of Building Construction: Types I and 11 construction are those types of construction in which the building elements listed in Table 601 of the Oregon Structural Specialty Code are of noncombustible materials. Type III construction is that type of construction in which the exterior walls are of noncombustible imaterals and the interior building elements are of any material permitted by the Oregon Structural Specialty Code. Type IV Construction (Heavy Timber) is that type of Construction in which the exterior walls are of noncombustible materiais and the interior building elements are of solid or laminated wood without concealed spaces. Type V Construction is that type of construction in which the structural elements, exterior walls and interior walls are of any materials permitted by the Oregon Structural Specialty Code. El Type I F-1 Type IV ❑i Type 11 El Type V ri Type III 5. Is the building equipped or proposed to be equipped with a Fire Protection System? (e.g., Fire Sprinklers or Fire Alarms) 1771 Yes ❑ No Any questions regarding the pre -application conference or the formal land use application submittal can be directed to the Ashland Planning Division at (541) 488-5305. The City of Ashland Land Use Code can be found online at www. ash land. or. us/code.as p by clicking on Chapter 18 and selecting the desired section.. Pg.5 of 5 PRE -APPLICATION NARRATIVE TERRASURVEY PARTITION PLAT 270 FOURTH STREET ASHLAND, OREGON 97520 ASSESSOR'S MAP No 39 1 E09AB-5600 ZONING E -I (RESIDENTIAL -OVERLAY) The accompanying site map contains all applicable information of existing conditions and proposed parcel lines for a 2 parcel Partition PIat. This application is a re -activation of a previously approved Planning Action PA -T1-2018-00022 by the City of Ashland with the date of approval being September 14, 2018. There are no substantial changes to this application with a full expectation that we are able to comply with all of the conditions of approval. Copy of the planning action accompany this application. Date: November 9, 2021 Prepared by: Herb Farber Farber Consulting PO Box 5286 Central Point, Oregon 97502 Phone: 541-664-5599 Email: herb@farberconsulting.com Farber Consulting P.O. Box 5286 Central Point, Oregon 97502 541-664-5599 Email: lies Ca farbei-conSUlting.biz This is a notice that Herbert A Farber, d.b.a. Farber Consulting has been retained to act as agent for the purpose of filing an application for a Partition plat, on the property described in the Jackson County Assessor's records as: Township 39, Range IE, Section 09AB, Tax Lot 5600 f Owner Applicant Signature)do�ct, �t�Date C( A� k", Name Lisa Polinder Address 267 Meade Street City -State -zip Ashland, Oregon 97520 Phone () Z -( Owner Applicant Signature Date Name Address City -State -zip Phone Agent S ignature: Date C7 ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -TI -2018-00022 SUBJECT PROPERTY: 270 Fourth St APPLICANTIOWNER: Frank Papen DESCRIPTION: A request for a Minor Land Partition at 270 Fourth St to divide the property into two commercial properties. Both proposed parcels have existing structures and no new construction or changes are proposed. One new lot will consist of the building in the SW comer that was built in 1995 (Planning Action #95-066) and associated parking. The remainder of the structures and parking will stay together. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E -I; ASSESSOR'S MAP: 39 IE 09AB; TAX LOTS: 5500 SUBMITTAL DATE: DEEMED COMPLETE DATE: STAFF APPROVAL DATE: APPEAL DEADLINE (4:30 P.M.) FINAL DECISION DATE: APPROVAL EXPIRATION DATE: DECISION July 23, 2018 August 1, 2018 September 14, 2018 September 26, 2018 September 27, 2018 March 27, 2020 The proposal is a request for land partition to create two lots in a commercial area. The current lot has multiple addresses on both A St (500 and 502 A St) and Fourth St (270 and 274 Fourth St). The lot is rectangular in shape and has three structures. One lot will include the existing buildings located on the east and north lines. The other lot will contain the small structure in the southwest corner. The subject property is located on the east side of Fourth St near the intersection of Fourth St and A St. The surrounding neighborhood consists of a mixture of restaurants, retail, and offices. There are also a mix of single family and multifamily residences a block to the south. The subject property and surrounding area are zoned Employment (El). The property is approximately 9,147 square feet or .21 of an acre in size. The property is relatively flat, with an approximately 3% downslope to the north. The larger structures, to remain with the parent parcel, are a mixture of offices and an art gallery. They consist of a two story 4,000 sq ft structure facing A St and a one story 1,700 sq ft structure facing the parking lot. Henceforth the structures will be referred to as building -9 I and 42. The two story structure was expanded from one story in a planning action, PA 88-082, that was approved in 1988. The newest structure, a 655 square foot office located in the southwest comer, was approved by planning action 95-066 in 1995. Henceforth this structure will be referred to as building #3. PA 95-066 required three parking spaces and thecurrently installed landscaping. Building #3 was approved as retail but has since been converted to an office occupancy. Parking is divided up between two areas on the lot. The primary parking lot supports buildings #1 and 42. It is located in the center of the lot and takes access off of Fourth St. Parking for #3 is located in the southeast comer of the lot and consists of three approved parking spaces. The number of spaces are adequate for the current office use. This parking lot takes access off of the alley located between A St and B St. No changes are proposed to the parking lots. There are a few large trees on the property. The largest tree is a 24 -inch diameter at breast height (DBH) cedar in the southeast comer of the lot. Another large l8 -inch DBH conifer tree is located in the landscaping adjacent to Fourth St that was installed in PA -95-066. The landscaping appears to have some deferred maintenance, but no changes are proposed. The overall percentage of landscaping met the requirements atthe time of PA -95-066 and will not be changing with this action. The proposal is to divide the subject property into two lots so that the larger structures, buildings 41 and 42, remain on one lot (Parcel 1) and a new smaller lot with building #3 (Parcel 2) is created from the south of Parcel 1. The lot square footages may change to ensure that they meeting building code requirements, but per the preliminary survey Parcel l is proposed to be 7,099 sq ft and Parcel 2 is 2,044 sq ft. The zone does not have a minimum lot size, width, depth, tnaximum lot coverage, minimum front, side, or rear yards, or setbacks. There are no changes proposed to the structures on either property at this point in time. The existing lot is large enough to be divided into two lots and the future use of the lot and surrounding properties for urban purposes will not be affected bythe proposed land partition. There are no previous planning actions or land partitions on file for the subject property for the past 12 months. The proposed lots shapes are mostly rectangular. Parcel 2 will start wider to the west and narrow tothe east to ensure that sufficient landscaping is included in both lots. According to the application, Parcel 1 has a lot width of approximately 75 feet and a lot depth of 90 feet and Parcel 2 has a lot width varying between 32 feet and 19 feet and a lot depth of 75 feet. Parcel 1 is technically oriented to A St with the front lot line to the north and the rear lot at the south. Parcel 2 will have an orientation to the west on Fourth St with a rear lot line to the east, abutting the neighboring property address as 542 A St. The City of Ashland Building department provided comments on the project indicating that the lot line adjacent to building #3 will need to be pushed out further to comply with building code requirements. A condition has been added to this approval to that effect. There are several considerations the applicants should be aware of in case the use or occupancy of building #3 changes in the future. The separation requirement required by building code between lots may be greater and may need to be changed through a lot line adjustment for a higher intensity use. Additionally, changes requiring a building permit or a change in occupancy may require the ADA improvements. The approval criteria for a partition are in AMC 18.53.050 as follows: 18.5.3.050 Preliminary Partition Plat Criteria The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met. A. The future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be impeded. C. The partition plan conforms to applicable City -adopted neighborhood or district plans. if any, and any previous land use approvals for the subject area. D. The tract of land has not been partitioned for 12 months. E. Proposed lots conform to the requirements of the underlying zone, per part 1 <8.2, any applicable overlay zone requirements, per part 131, and any applicable development standards, per pail 18.4 (e.g., parking and access. tree preservation, solar access and orientation). F. Accesses to individual lots conform to the standards in section .l. A.3,080 Vehicle Area Design. See also. _1.8._5.3.060 Additional Preliminary Flag 1.,otPartition Plat Criteria. G. The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and other requirements in part M.A. and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications. H. Unpaved Streets. Minimum Street Tmnrovement. When there exists a til -foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan, such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of the street shall be 20 -feet with all work done under permit of the Public Works Department. 2. Unpaved Streets. The Public Works .Director may allow an unpaved street fir access for a land partition when all of the following conditions exist. a. The unpaved street is at least 20 -feet wide to the nearest fully improved collector or arterial street. The City may require the street to be graded (cut and filled) to its standard physical width, and surfaced as required in chapter 1f .G prior to the signature of the final partition plat by the City. b. The centerline grade on any portion of the unpaved street does not exceed ten percent. c. The final elevation of the street shall be established as specified by the Public Works Director except where the establishment of the elevation would produce a substantial variation in the level of the road surface. In this case, the slope of the Jot shall be graded to meet the final street elevation. d. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks, and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. 1. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development. K. A partition plat containing one or more flag lots shall additionally meet the criteria in section 8.5.3.060. The application with the attached conditions complies with all applicable City ordinances. Planning Action #TI -2018-00022 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 4TI-2018-00022 is denied. The following conditions are attached to the approval. That all proposals of the applicant shall be conditions of approval unless otherwise modified herein. 1.) That the following items shall be submitted for review and approval of the Ashland Planning Division prior to signature of the final survey. a) The lot lines adjacent to buildings 42 and 43 submitted on the final survey plat will adhere to the regulations of the building department and meet building code separation requirements for the type of building occupancy. b) An easement granting access to parking for Parcel 1 if the building separation requirements require lot lines encroaching into Parcel 1'sparking area. c) The ADA accessible route to the door of building #3 on proposed Parcel 2 must be preserved and covered by easements if partially located on Parcel 1. d) Verification that the location of underground utility lines matches the proposed easements. 2) All easements for public and private utilities and access shall be indicated on the final survey plat as required by the Ashland Engineering Division. 3) That prior to the signing of the final plat the landscaping shall meet the standards of the approved landscaping and irrigation plan of Planning Action 95-066. 4) That a final survey plat shall be submitted within 18 months of the final decision date of the preliminary partition plat for review and approval by the City of Ashland. Bill Molnar, Director Date U W M zo q w�P� �n F. v Q C' Fie yt�,� ~ a ID _ c+ acs W �a5 L"N � Fs 24 C9 LLJ 1 � 1 1 h � P V G a ! 1 a � 2 � � 4ci>�i Yo WupO$ 4;p� ���J� 4g4oC tiZZ� z off" s a y C U � a � Recording Requested BY: David L. Smith Paraclete Estate Planning LLC 10 Crater Lake Ave. Medford, OR 97504 When Recorded Mail To: David L. Smith Paraclete Estate Planning LLC 10 Crater Lake Ave. Medford, OR 97504 Mail Tax Statements To: LISA KAREN POLINDER 267 MEADE STREET ASHLAND, OR 97520 Jackson County Oficial Records 2021-026081 = ROI7ERSR = Stn08!'15!2021 03:29:41 PM Sin $10.00 $10.00 $11.00 $11.60 $60.00 $102.00 f, Christine Walker, County Clerk for Jackson County, Oregon, certify that the instrument Identlried herein was recorded in the Clerk records. Christine Walker - County Clerk WARRANTY DEED (This Space for Recorder's Use) Lisa Karen Polinder, as Trustee of the FRANK AND JUNE PAPEN TRUST, dated November 3, 2000, hereinafter referred to as "Grantor", conveys and warrants to LISA KAREN POLINDER, hereinafter referred to as "Grantee", all of the trust's right, title and interest in that real property situated in Jackson County, State of Oregon and described as: SEE "EXHIBIT A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE THERE IS NO MONETARY CONSIDERATION FOR THIS TRANSFER AS IT IS A TRANSFER FROM A TRUST TO THE BENEFICIARIES OF THE TRUST AS A RESULT OF THE DEATH OF THE TRUST GRANTOR. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300,. 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNITOF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIG] -ITS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. DATED: _ (LA -z Ci 2 l t STATE OF OREGON 55. County of Jackson) Alil� LQ40x�z pn& ) Lisa Karen Polinder, Trustee ACKNOWLEDGMENT Personally appeared Lisa Karen Polinder, trustee of the FRANK AND JUNE PAPEN TRUST, dated November 3, 2000, as trustee acknowledged the foregoing instrument to be her voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year last above written. WITNESS n an fficial seal Notary Pub 'c in a to Ol~F0AL S-NVI P DAVID L SMITH NOTARY My C05i�11�810H ��°iFt�s k0;c� Gi, 2J2� EXHIBIT A Parcel 1: Lots 4 and 5, Block 52 of SUMMIT ADDITION to the City of Ashland, Jackson County, Oregon. (Code S-01, Account 1-007042-4, Map 391E09CA, Tax Lot 125 00) Parcel 2: The West 10.0 feet of vacated Meade Street by Ordinance No. 394, City of Ashland, adjoining and abutting Lots 4 and 5, Block 52 of SUMMIT ADDITION to the City of Ashland, Jackson County, Oregon (Code 5-01, Account 1-007043-2, Map 391E09CA, Tax Lot 126 00) Parcel 3: Lots 10, 11 and 12 of Block D, RAILROAD ADDITION to the City of Ashland, Jackson County, Oregon. (Code 5-01, Account 1-6187-1, Map 391E 9AB, Tax Lot 5500) raw QD L Li 00ts 101 xvi CL o M -j >U� 0 0 0 V) coui w Z 0 0 2 �: w T I Y lox 0 P CL, al D U) 0 0 x x m F- z 01 w 0- OE w w 0 n 0 0 m = < CL jurimm,fil 0 38 31A 0 0 TIT- S� v) Cy L'j Ouiz CL 0- C) 0 0 wx CL 'CL CL 0 W �)G CL < W -t 0) z ros; (no w ul �Ho 'nHo,—nHO---7—nHo LO CITY OF 1 -4� aLSHLAND September 14, 2018 Notice of Final Decision On September 14, 2018, the Community Development Director approved the request for the following: Planning Action: Subject Property: Applicant: PA -TI -2018-00022 270 Fourth St Frank Papen Description: A request for a Minor Land Partition at 270 Fourth St to divide the property into two commercial properties. Both proposed parcels have existing structures and no new construction or, changes are proposed. One new lot will consist of the building in the SW corner that was built in 1995 (Planning Action #95-066) and associated parking. The remainder of the structures and parking will stay together. COMPREYMNSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 IE 09AB;'-FAX LOT: 5500. "I'lic Community Development Director's decision becomes final and is effective on the 12'1' 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 ol"Fincl. Decision may request a reconsideration of the action as set forth in the Ashland Land 13se Ordinance (ALUO) 18.5.1,050(F) and/or file an appeal to the Ashland Plaiiiiing Commission as provided in ALUO 18,5.1.050(G). The ALIJO 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 Nathan Emerson in the Community Development Departirient 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 PW, Ashland, Oregon 97520 TTY: 800-735-2900 "-�X kvww'aShku1d.0r.uS SE TION 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 Oil the application sufficient to afford the Staff Advisor all Opportunity to respond to the issue prior to making a decision. 2, Reconsideration requests shall be received within Five days of,nailing the notice of decision. Tile Staff Advisor shall decide within three days whether to reconsider the matter. 1 if the Staff Advisor is satisfied that an error occurred Crucial to the decision, the Staff Advisor shall withdraw tile 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 18.5,1.050,13 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 1.8.5.1.050.6.1, above, may appeal a Type I decision by Filing a notice of appeal and paying the appeal fee according to the procedures of this Subsection. The fee required in this section shall not apply to appeals made by neighborhood or C011111111nity organizations recognized by the City and whose boundaries include the site. If an appellant prevails at tile hearing or upon subsequent appeal, the fee for the al hearing shall be refunded. b. Thne.for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed, c. Content QI'Notice qfAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain, L 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 stateinent explaining the Specific issues being raised oil appeal. iv. A statement demonstrating that the appeal issues were raised during the public cornment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by tile 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 lip 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 oil 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 filial decision of the City oil an appeal of a Type I decision. A decision on an appeal is final the (late tile 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 Tet 541A88-5305 51 WhburrWay Fax: 541-552-2050 Ash1wid, GregoTi 97520 TTY: 800-735-2900 n�-NyLN � ki—Ild --QE.14�s � r- 1 PLANNING ACTION: PA -T1-2018-00022 SUBJECT PROPERTY. 270 Fourth St APPLICANT/OWNER: Frank Papen DESCRIPTION: A request for a Minor Land Partition at 270 Fourth St to divide the property into two commercial properties. Both proposed parcels have existing structures and no new construction or changes -are proposed. One new lot will consist of the building in the SW corner that was built in 1995 (Planning Action #95-066) and associated parking. The remainder of the structures and parking will stay together. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E -l; ASSESSOR'S MAP: 39 IE 09AB; TAX LOTS: 5500 SUBMITTAL DATE: July 23, 2018 DEEDED COMPLETE DATE: August 1, 2018 STAFF APPROVAL DATE: September 14, 2018 APPEAL DEADLINE (4:30 P.M.) September 26, 2018 FINAL DECISION DATE: September 27, 2018 APPROVAL EXPIRATION DATE: March 27, 2020 DECISION The proposal is a request for land -partition to create two lots in a commercial area. The current lot has multiple addresses- on both A St (500 and 502 A St) and Fourth St (270 alad 274 Fourth St). The l.ot is rectangular in shape and has three structures. One lot will include the existing buildings located on the east -and north lines. The other lot will contain the small structure in the southwest corner. The subj ect property is located on the east side of Fourth St near the intersection of Fourth St and A St. The surrounding neighborhood consists of a mixture of restaurants, retail, and offices. There are also a mix of single family and multifamily residences a block to the south. The subject property and surrounding area are zoned Employment (E1). The property is approximately 9,147 square feet or .21 of an acre in size. The property is relatively flat, with -an approx imately 3% downslope to the north. The -larger structures, to remain with the parent parcel; are a mixture of offices and an art gallery. They consist of a two story 4,.000 sq ft structure facing A St and a orre story 1,700 sq ft structure facing the p=arking lot. Henceforth the structures will he referred to as building #1 and #2. The two story structure was expanded from one story in a planning action, PA 88 -082, -that was approved -in 1988. The newest structure, a 655 square foot office located in the southwest corner, was approved by planning action 95-06-6 in 1995. Henceforth this structure will be referred to as buildingk3. PA 95-066 required three parking spaces and the currently installed landscaping. Building #3 was approved as -retail but has since been converted to an office occupancy. PA -TI -2018-00022 270 Fourth Stlnre Page 1 C. Ttre partition plan conforms to applicable City -adopted neighborhood or district plans, if any, and any previous land use_ approvals for the subject area. D. The tract of land has not been partitioned for 12 months. 1_ Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., par -king and access, tree preservation, solar access and orientation). F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See also, 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria. G. The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and other requirements in part 18.4, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications. H. Unpaved Streets. 1. Minimum Street Im rovement. when there exists a 20 -foot wide_access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Pian, such access shall be unproved with an asphaltic concrete pavement.designed for the use of the proposed street. The minimum width of the street shall be 20 -feet with all work done under permit of the Ptu li.`,Vorks Department. 2. Unpaved Streets. The Public Works Director may allow an unpaved street for access for a land partition when all of the following conditions exist. a. The unpaved street is at least 20 -feet wide to the nearest fully improved collector or arterial street. The City may require the street to be graded (cut and filled) to its standard physical width, and surfaced as required in chapter 18.4.6 prior to the signature of the final partition plat by the City. b. The centerline grade on any portion of the unpaved street does not exceed ten percent. c. The final elevation of the street shall be established as specified by the Public Works Director except where the establishment of the elevation would produce a substantial variation in the level of the road-surfacc. In this case, the slope of the lot shall be graded to ineet the final street elevation. I ShDuld the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing -to participate in the cost. of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof Full street improvements shall include paving, curb, gutter, sidewalks, and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. 1. Where an alley exists adjacent to the partition, access may required to be provided from the alley and prohibited from the street. J. Required State and Federal permits, as applicable, have been obtained or can reasonably be -obtained prior to development. K. A partition plat containing one or more flag lots shall additionally meet the criteria in section 18.5.3.060. The application with the attached conditions complies with all applicable City ordinances.._ Planning Action #T1-2018-00022 is approved with the following conditions." urther, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #T1-2018-00022 is denied. The following conditions are attached to the approval. PA -TI -2018-00022 270 Fourth Stfnre 'p— Q 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 9/14/181 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #T1-2018-00022, 270 Fourth. l_'i i (,tc Signature of Employee DocumeW 911412018 PA -T1-2018-00022 391 E09AB 5700 PA -T1-2018-00022 391 E09AB 6303 PA -T1-2018-00022 391 E09AB 9700 2 SIRENS LLC AJANI OREGON LLC ET AL BRISCOE JAMES CHRISTOPHER 560 TERRACE ST 1685 OLD HWY 99 TRUSTEE ET AL ASHLAND, OR 97520 ASHLAND, OR 97520 6625 CAMINITO BLYTHEFIELD LA JOLLA, CA 92037 PA -T1-2018-00022 391 E09AB 6501 BRUNNER PETER B TRUSTEE ET AL 566 FARIVIEW ST ASHLAND, OR 97520 PA -T1-2018-00022 391E09AB 5801 GARFASJOSEPH- TRUSTEE 1188 TYLER CREEK RD ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 5000 JACKSON DANIEL D TRUSTEE 1793 ANDERSON CREEK RD TALENT, OR 97540 PA -T1-2018-00022 391E09AB 5100 MASSY SYLVIAIJOHNSON CHRIS 374 IOWA ST ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 5500 PAPEN FRANK CONRAD TRUSTEE 267 MEADE ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 5300 DAVIS CAROL HORN TRSTEE FBO 8003 S LAKE DR DABLIN, CA 94568 PA -T1-2018-00022 391 E09AB 9800 CARSON THOMAS LICYNTHIA H P 0 BOX 966 ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 9600 JONES LARRY D 1188 TYLER CREEK RD ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 6503 MC MILLIAN WILLIAM M TRSTEE 35 BOARDWALK ONE LARKSPUR, CA 94939 PA -T1-2018-00022 391 E09AB 9100 PEERLESS HOTEL LLC 243 FOURTH ST ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 9000 FRANTZLAURA 1051 TOLMAN CREEK RD ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 6500 HOXMEIER STEVE/KATHY 435 B ST ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 6301 LOMBARDI ROBERT J ET AL 1685 OLD HWY 99 S ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 5400 PALACE CHOP HOUSE LLC PO BOX 3606 CENTRAL POINT, OR 97502 PA -T1-2018-00022 391 E09AB 5200 POWELL GARY DEAN 562 A ST ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 5800 PA -T1-2018-00022 391 E09AB 5900 PA -T1-2018-00022 391 E09AB 6502 PROVOST PROPERTIES LLC ROBINSON EDWIN P TRUSTEE SACHS JAMES D TRUSTEE ET AL 6431 ADAMS RD 2407 BRENTWOOD RD 253 THIRD ST TALENT, OR 97540 SACRAMENTO, CA 95825 ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 9200 PA -T1-2018-00022 391 E09AB 6700 PA -T1-2018-00022 391 E09AB 6200 TRES STARS LLC BARNETT CRISSY J UNION PACIFIC RR CO PROPERTY TAX WILSON ARTHURIMARY ELLEN 243 FOURTH ST DEPARTMENT 565 B ST ASHLAND, OR 97520 1400 DOUGLAS - STOP 1640 ASHLAND, OR 97520 OMAHA, NE 68179 PA -T1-2018-00022 391 E09AB 6504 WILSON ELLIS VIMILDRED M 1475 WINDSOR ST ASHLAND, OR 97520 270 Fourth St NOD 9114118 25 Planning Department, 51 Winourn My, Ashland, Oregon 97520 C I T Y 0 F PFF 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLAND NOTICE OF APPLICATION PLANNING: ACTION: PA -T1-2018-00022 SUBJECT PROPERTY: 270 Fourth St OWN ERIAPPLI CANT: Frank Papen DESCRIPTION: A request for a Minor Land Partition at 270 Fourth St to divide the property into two commercial properties. Both proposed parcels have existing structures and no new construction or changes are proposed. One new lot will consist of the building in the SW corner that was built in 1995 (Planning Action #95-066) and associated parking. The remainder of the structures and parking will stay together, COMPREHENSIVE PLAN DESIGNATION: Employment', ZONING: E-1; ASSESSOR'S MAP" 39 1E 09AB� TAX LOT: 5500 NOTICE OiF'COMPLETE APPLICATION: August 1, 2018 The Ashland Planning Uvision Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 psn, on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property Submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050. ) The ard:inance 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 tissue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with Sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520, If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. & Signsa201KPA-T� PRELIMINARY PARTITION PLAT 18.5.3.050 The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met. A. The future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be impeded, C. The partition plan conforms to applicable City -adopted neighborhood or district pians, if any, and any previous land use approvals for the subject area. D. The tract of land has not been partitioned for 12 months. E. Proposed lots conform to the requirements of the underlying zone, per part '18 .2, any applicable overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation). F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See also, 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria, G. The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and other requirements in part 18.4, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications. H. Unpaved Streets. 1. Minimum Street Improvement. When there exists a 20 -foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan, such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of the street shall be 20 -feet with all work done under permit of the Public Works Department. 2. Un awed Streets. The Public Works Director may allow an unpaved street for access for a land partition when all of the following conditions exist. a. The unpaved street is at least 20 -feet wide to the nearest fully improved collector or arterial street, The City may require the street to be graded (cut and filled) to its standard physical width, and surfaced as required in chapter 18.4.6 prior to the signature of the final partition plat by the City. b. The centerline grade on any portion of the unpaved street does not exceed ten percent. c. The final elevation of the street shall be established as specified by the Public Works Director except where the establishment of the elevation would produce a substantial variation in the level of the road surface. In this case, the slope of the lot shall be graded to meet the final street elevation. d. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks, and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. 1. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development. G'\comm-dev\planningT1mino ActionANoticing Palkr\Mailed Notices & Signs120MPA-T I-2015-00022,docx STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: I , I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On August 1, 2018 1 caused to be mailed, by regular mail,, in, a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #PA -TI -2018-00022, 270 4 ffi St. Signature of Employee C:4Usershsmithdia.AF1 HBDesktopiAFFBDAVIT OF MAILING_.d&dacx 8M2018 18-00022 391 E09AB 9700 -T1-20 PA -T1-2018-00022 391 E09AB 5600 PA -T1-2018-00022 391 E09AB 6303 BRISCOE PA -Tl-20 JAMES CHRISTOPHER 2 SIRENS LLC AJANI OREGON LLC ET AL TRUSTEE ET AL 560 TERRACE ST 1685 OLD HWY 99 6625 CAMINITO BLYTHEFIELD ASHLAND, OR 97520 ASHLAND, OR 97520 LA JOLLA, CA 92037 PA -T1-2018-00022 391 E09AB 6501 BRUNNER PETER B TRUSTEE ET AL 566 FARIVIEW ST ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 5801 GARFASJOSEPH-TRUSTEE 1188 TYLER CREEK RD ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 5000 JACKSON DANIEL D TRUSTEE 1793 ANDERSON CREEK RD TALENT, OR 97540 PA -T1-2018-00022 39IE09AB 5100 MASSY SYLVIAIJOHNSON CHRIS 374 IOWA ST ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 5500 PAPEN FRANK CONRAD TRUSTEE 267 MEADE ASHLAND, OR 97520 PA -T1-2018-00022 391E09AB 5300 DAVIS CAROL HORN TRSTEE FBO 8003 S LAKE DR DABLIN, CA 94568 PA -T1-2018-00022 391 E09AB 9800 CARSON THOMAS LICYNTHIA H P 0 BOX 966 ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 9600 JONES LARRY D 1188 TYLER CREEK RD ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 6503 MC MILLIAN WILLIAM M TRSTEE 35 BOARDWALK ONE LARKSPUR, CA 94939 PA -T1-2018-00022 391 E09AB 9100 PEERLESS HOTEL LLC 243 FOURTH ST ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 9000 FRANTZLAURA 1051 TOLMAN CREEK RD ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 6500 HOXMEIER STEVE/KATHY 435 B ST ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 6301 LOMBARDI ROBERT J ET AL 1685 OLD HWY 99 S ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 5400 PALACE CHOP HOUSE LLC PO BOX 3606 CENTRAL POINT, OR 97502 PA -T1-2018-00022 391 E09AB 5200 POWELL GARY DEAN 562 A ST ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 5800 PA -T1-2018-00022 391 E09AB 5900 PA -T1-2018-00022 391 E09AB 6502 PROVOST PROPERTIES LLC ROBINSON EDWIN P TRUSTEE SACHS JAMES D TRUSTEE ET AL 6431 ADAMS RD 2407 BRENTWOOD RD 253 THIRD ST TALENT, OR 97540 SACRAMENTO, CA 95825 ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 6700 PA -T1-2018-00022 391 E09AB 6200 PA -T1-2018-00022 391 E09AB 9200 UNION PACIFIC RR CO PROPERTY TAX TRES STARS LLC BARNETT CRISSY J DEPARTMENT WILSON ARTHUR/MARY ELLEN 243 FOURTH ST 1400 DOUGLAS -STOP 1640 565 B ST ASHLAND, OR 97520 OMAHA, NE 68179 ASHLAND, OR 97520 PA -T1-2018-00022 391 E09AB 6504 270411 WILSON ELLIS VIMILDRED M 8-1-18 NOC 1475 WINDSOR ST 25 ASHLAND, OR 97520 p�. w- w�;'d PrA4 1 Planning Division A1 51 Winburn Way, Ashland OR 97520 CITY O F 541-488-5305 Fax 541-488-6006 ASHLAND ZONING PERMIT APPLICATION FILE #_&T1_ - -Dl - 0Q`2, DESCRIPTION OF PROPERTY Pursuing LEER® Certification? 0 YES ❑ NO Street Address V! ad Assessor's Map No. 39 1 E Tax Lot(s) Zoning E" Camp Plan Designation APPLICANTS Name 1 1',.AN } A, + Phone E -Mail Address 9161 J City lutfrd Zip e1 j 20 PROPERTY OWNER Name Phone igne E -Mail Address city Zip SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Name Address Title Name Address Phone Phone city E -Mail Zip E -Mail Zip 1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,. true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. l further understand that if this request is subsequently contested, the burden will be on me to establish, 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request,, 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard 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 rergavod at my expense. If I h e any doubts, m advised to seek competent professional advice and assistance. Applie nt`s Signature Date As owner of the property involved in this request, t have read and understood the compiete application and its consequences to me as a property owner ' 2 Propertv Owner's Signature (required) Date rFo be completed by City 5taiQ $$ Date Received4j*_ Zoning Permit Type Filing Fee4 O OVER /F Wco-de0pl—ing\Foms 4-Handouts\Zoning Permit ApFkcation.doc f,VOfo5eJ P 7 A ILI' Y`'( r �J, b c"al et- /4-Pol-t/ E Co'y E 00 N E 9 City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520 Telephone: 541-488-5305 Inspection Line: 541-552-2080 Plan Type: Type I Planning Action Work Class: Type I Planning Action PERMIT NUMBER PA -T1-2018-00022 Apply Data: 7123/2018 I 391 E09AB5500 1 270 Fourth St I Owner: Frank Papen Applicant: Frank Papen Owner 267 Meade Applicant 267 Meade Address: Ashland, OR 97520 Address: Ashland, OR 97520 Phone: (} - Phone: 0 - Project Clescription Fees, Fee Description: Amount: Land Partition (Type 1) $1,213.00 Applicant: Date: Tota1_Fees:, $1,213.00 0 awn J V) CL] (1383AOD "q LL Lj- 00 EL CL h a. 0 t- (M F ^ I^ C7) rq WU3 Aalf� sg V)C.)i Z 0 Z x 1. 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MCL ri o W < 't %•1 4j % y—�T = < % ,r s-- ski W LO C3 LLLLJJ z 0 Rfi z 0 o >: 0� to C) 0 m Z 4- <<,,, En CL ra < d1h 0 C14 LO M r- cr) LLJLLI 0 LLJ Z 0 f� f� 0 LO wcnvcn v) UJ Ln LLJ LLJ 0 cm 0 P� ., z W M Q d F- < z9 CL x PA I LLI f9 z :3< < Z Li in < Ui 0.m x w EL CL 0 EL OL 0 UWWMU(-)�,-CL:2 z U) 0 Lf) 0 x m w a- Z w U) < w 0 (A 0 0 m IL Lli < �r F- w w ww m w w w 0 0 0 H o p D iz < w z i� < w w �! 0 L<Li m !� 0 Lo < CD z M 0 6 0 z D < en z M 0 6 a z = z = 0 6 0 z = Lij L) L< < 2 ow 0 a- 0- < < m 0OV9 10-1 xvi CT) Cli jo-m m"9z,9tx�s L X C) 0 0 ----i L VIA 0 _j z Z Li in Ui 0.m U) v =I )"(01V3MM83A'VOIO S 77 fl� Lij w cr 0 LLI 0 > CL 0- 0 w 0 LLJ 000 0 �Qf 0' a_- ci (n D IL CL m o LIJ CC CL 0. SC \JG IL < z < j in LLJ < \3 tqzmLj (7) 4 =3 LU Of < Ulu U -i 0 1 cl� Li rr, C a-0 w = (r" 0 0 q MZ < -04 nHo ---- �1111111111111111111111�11�I� The comments of this pre -app are preliminary in nature and subject to change basedupon the submittal of additional or di, ferent information. The Planning Commission or City Council are the final decision making authority of the City, and are not bound by the comments made by the Staff as part of this pre -application. ASHLAND PLANNING DIVISON SITE: 270 4th St PILE -APPLICATION CONFERENCE APPLICANT: Frank Papen COMMENT SHEET June 5th, 2018 REQUEST: Minor Land Partition PLANNING DIVISION COMMENTS This pre -application conference is intended to highlight significant issues before the applicant prepares and submits a formal application. Summary: The proposal is for a partition of a commercial 0.21 -acre lot into two lots. The primary issues in meeting the approval standards are meeting building code requirements for separation, ensuring enough parking exists for both lots, and meeting the minimum Landscaping requirements. LAND PARTITION The application must address the following standards for Land Partitions in Municipal Code (AMC) 18.5.3.020 and approval criteria from AMC 18.5.3.050. 18.5.3.020 Land Divisions and Property Line Adjustments A. Applicability. -The requirements for partitions and subdivisions apply, as follows. 2. Partitions are the creation of three or fewer lots from one parent lot, Parcel, or tract, each having frontage on a public street, within one calendar year. (Note: Partitions of three lots with access via- a private drive are allowed under chapter 18.3.9 Performance Standards Option.) B. Land Survey. Before any action is taken pursuant to this ordinance that would cause adjustments or realignment of property lines, required yard areas, or setbacks, the exact lot lines shall be validated by location of official survey pins or by a survey performed by a licensed surveyor. C. Subdivision and Partition Approval Through Two -Step -Process. Applications for subdivision or partition approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation. 1. The preliminary plat must be approved before the final plat can be submitted for review. 2. The final plat -must demonstrate compliance with all conditions of approval of the preliminary plat. D. Compliance With Oregon Revised Statutes (ORS) chapter 92. All subdivision and partitions shall conform to state regulations in Oregon Revised Statute (ORS) chapter 92, Subdivisions and Partitions. 270 4th St June 5, 201 S/nre Page E. Future Re -Division Plan. When subdividing or partitioning tracts into large lots (i.e., greater than two times or 20D percent the minimum lot size allowed by the underlying land use district), the lots shall be of such size, shape, and orientation as to facilitate future re -division and extension of streets and utilities. The approval authority may require a development plan indicating how further division of oversized lots and extension of planned public facilities to adjacent parcels can occur in the future-. if the Planning Commission determines that an area or tract of land has been or is in the process of being divided into four or more lots, the Commission can require full compliance with all subdivision regulations. 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 18.5.6Modifications to Approved Planning Actions. 1. A change that does increase the number of lots -or parcels created by the subdivision. 2. A change that does not enlarge the boundaries of subdivided or -partitioned area. 3. A change that does not alter the general location or amount of land devoted to a specific land use. 4. A changes 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 other public open spaces. 18.5.3.060 Preliminary Partition Plat Criteria. The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met. A. The future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will -not be impeded. C. The partition plan conforms to applicable City -adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area. nE__ he tract of land has not been partitioned for 12 months. posed lots conform to the requirements of the underlying zone, per part 18.2, any icable overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and access, tree preservation; solar access and orientation). .0 The new lot is required to provide 1 parking space per 4 seats or 1 parking space per 100 sq. ft. of gross floor area, whichever is less. o Based on the proposed lot layout, it appears that 12 seats would be allowed with the 3 existing parking spaces. 270 4h St June 5, 2018/nre Page 2 o 15% of both lots is required to be landscaping and the application will need to show how these values are met OTHER ORDINANCE REQUIREMENTS The new lot would need its own utility meters. OTHER CITY OF ASHLAND DEPARTMENT COMMENTS BUILDING: Building division is investigating setbacks from lot lines. Please contact the Building Division for any building codes -related questions at 541-488-5305. CONSERVATION: For more information on available water conservation programs, including any available appliance rebates or assistance with landscaping and irrigation system requirements, please contact Water Conservation Specialist Julie Smitherman of Conservation Division at 541-552-2062 or via e-mail to julie_smitherma@ashland.or.us . For information on any financial or technical assistance available for the construction of Earth Advantage/Energy Star buildings, please contact Conservation Analyst/Inspector Dan Cunningham at 541-552-2063 or via e-mail to dan.cunnin ham ashland.or.us ENGINEERING: No comments at this time. Please contact Karl Johnson of the Engineering Division for any Public Works/Engineering information at 541-552-2415 or via e-mail to karlJohnson ashland.or.us . FIRE: See comments at the end of this file. Please contact Ralph Sartain from the Fire Department for any Fire Department -related information at 541-552-2229 or ralph.sartain@ashland.or.us. WATER AND SEWER SERVICE: "If the project requires additional water services or upgrades to existing services the Ashland Water Department.. will excavate and install in the city right -of way all water services up to and including the meter on domestic and commercial water lines. If afire line is required the water department will also only install a stub out to the location where the double check detector assembly (DCDA) complete with a Badger® brand cubic foot bypass meter should be placed in a vault external to the building. The vault- and the DCDA device -housed in it are the responsibility of the property owner and should be placed at the property line. Fees -for these installations are paid to the Water Department and are based on a time and materials quote to the developer or contractor. Meter sizes and fire line -diameters will need to be provided to the Water Department at the time of a quote being requested. Please Contact Steve Walker at 541-552-2326 or e-mail w lkerskashland.or.us with any questions regarding water utilities." ELECTRIC SERVICE: No comments at this 4ime. If any upgrades to existing service are necessary, please have applicant contact the Electric Department @ 552.2389. 270 4"' St June 5, 2018/tare Page 3 PROCEDURE Land partitions are subject to a "Type I" procedure which includes an administrative decision made following public notice and a public comment period. Type I decisions provide an opportunity for appeal to the Planning Commission. APPLICATION REQUIREMENTS Submittal Information. The application is required to include all of the following information. a. The information requested on the application form at http://www.ash[and.or.us/Files`/`Zoning%20Permit%20APPIication. df . b. Plans and exhibits required for the specific approvals sought (see below). c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail (see below). d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable. e. The required fee (see below). The Ashland Land Use Ordinance, which is Chapter 18 of the Municipal Code, is available on- line in its entirety at: h4 l)://www.ashland_or.us/SIB/files/AMC Chpt 18 current. df Written Statements Please provide two copies of a written. --statements explaining how the application meets the approval criteria from the sections of the Ashland Municipal Code listed 'below. These written statements provide the Staff Advisor or Planning Commission with the basis for approval of the application: o Land Partition AMC 18.5.3.050 Plans & Exhibits Re ulnad Please provide two sets of exhibits (plans or drawings) addressing the submittal requirements from the sections -of the Ashland Municipal Code listed below. These exhibits are used to copy the Planning Commission packets and for notices that are mailed to neighbors. Please provide two copies on paper no larger than 11 -inches by 17 -inches and reproducible copies that are drawn to a standard architect's or engineer's scale. o P-reliminary Plat for Land Partition: AMC 18.5.3.040:3 FEES: Land Partition $1,046 + $69 per unit 270 4" St June S, 2018/nre Page 4 NOTE: All applications received are reviewed and must be found to be complete before being processed or scheduled at a Planning Commission meeting. Applications will not be accepted without a complete application form signed by the applicant(s) and property owner(s), all required materials and full payment. Applications are reviewed for completeness in accordance with ORS 22'7.178. For further information, please contact: June 6, 2018 Nathan Emerson, Assistant Planner Date City of Ashland, Department of Community Development Phone: 541-552-2052 or e-mail: nathan.emerson ashland.or.us 270 4"' St June 5, 2018/nre Page 5 Ashland Fire & Rescue 455 Siskiyou Boulevard Ashland, OR 97520 541.482.2770 Pre -Application Comments Date: 05-25-2018 Project Address: Permit Number: Project Description 270 Fourth St PreApp-2018-00008 Lot Adjustment Ashland Fire & Rescue Contact: Ralph Sartain 541-552-2229 ralph.sartain@ashland.or.us Fire department comments are based upon the 2014 Oregon Fire Code as adopted by the Ashland Municipal Code: Addressing - Building numbers or addresses must be at least 4 inches tali, be of a color that is in contrast to its background, and shall be plainly visible and legible from the street fronting the property. Additional directional signage may be necessary to guide -emergency responders down a driveway, path or through a gate. All premises identification, street signs and building -numbers, must be in place with temporary signs when construction begins and permanent signage prior to issuance of any occupancy. OFC 505 Final determination of fire hydrant -distance, fire flow, and fire apparatus access requirements will be based upon plans submitted for Building Permit review. Changes from plans submitted with this application can -result in further requirements. Any future construction must. -meet fire code requirements in effect at that time. The fire department contact for this project is Fire Marshal Ralph Sartain. He may be contacted at (541) 552-2229 or-ralph.sartain@ashland.or.us. CITY 01F Planning 01A ASHLAND 51 Winburn Way, Ashland, OR PRE -APPLICATION CONFERENCE APPLICATION 97520 DESCRIPTION OF PROJECT rA Project Description 1 _4 t,'� Lt , TT F_APPLICANT C, e - C P '-6 Name Phone_, - -E-Mail Address d zip city A PROPERTY OWNER /--J­Af1/C, C, 14 0,-0111C DayTune Phone Name I r A,4,-, Address ­� I . I � �) Z,--7 _ city I -AL L) Zip Tax Lot(s) Street Address Assessor's Map No. 39 1 E SUBMITTAL REQUIREMENTS To request a pre -application conference, submit this form with two sets of scalable plans, one large format 24"x36" and one no larger than 11,"x17". Include the following information plus your submittal fee of $136.00 (check, Visa, MasterCard or cash accepted): 1. Completed Application. 2, Narrative- Provide a written description of proposal and request. (if in Historic District, provide pictures of existing structures, elevations of proposed structures and details of planned exterior design features and materials) 3. Site Plan - The site plan should contain all applicable elements in the Site Plan Checklist (see reverse) plus any other information pertinent to this proposal. The site plan will be checked to insure all applicable information is inCkided at the time the pre -application date is set. 4. Additional information - Provide in the narrative or with the site plan: 1) Number of acres in development 2) Total gross square footage of all structures 3) Number of stories on each structure 4) Indicate number of and square footage of: a) Dwelling Units (include the units by the number of bedrooms in each unit- e,g, 10 1 -bedroom, 25 2 -bedroom, etc) b) Office Spaces c) Retail Units d) Other Spaces 5) Percentage of lot coverage by: a) Structures e) Landscaping b) Streets & Roads f) Number of parking spaces c) Parking Areas/Driveways g) Total square footage of landscaped areas. y,- 'p, d Recreation Areas h) Other pertinent information of the proposed develooent 5, LEED0 Certification -Indicate whether project will be pursuing LEED@cenification, 6. Submittal Fee Pg.3 of 6 Gkromm-deOpWningVFcrms & KandwWPve­AppHcAcn InformAon Sheet Submftl Requirernents-FY2017-1B PRE -APPLICATION SITE PLAN CHECKLIST PRE -APPLICATION BUILDING INFORMATION Please attempt to indicate the following (Note: if information is not known please leave blank) 1. YES NO NIA 1. Project Name etc. A j 1V 2. Owner Name vJ c e d) Factory (e.g., F- Occupancy's include, among others, the use of a building or structure or portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, 1V repair or processing operations that are not classified as Group H -Hazardous or Group S -Storage 3. Site Address and Map & Taxiot Number 4. Vicinity Map - with street names and locations of all existing and proposed streets within or on the boundary of the proposed development 5. Scale & North Arrow 6. Lot La out with approximate dimensions for all lot lines t/ 7. Zoning Designations in proposed development and surroundin roperties 8. Location & Use of all proposed and existing building, fences and structures 9. Indicate which buildings are to remain and which are to be removed (/ 10. Location of all landscaped areas, Indicate existing trees, size, species, and approximate drip line outer branch location . Jdentify trees to be removed. Z 11, Location and size of all public utilities in and adjacent to the proposed development including water line and meter size, sewer lines, storm drain lines, nearest fire hydrant. 12. Locations of drainage ways or public utility easements in and adjacent to proposed development, 13. Location, size and use of all contemplated and existing public areas 14. Approximate topography (slope) of the site 15. Location of all parking areas and individual and handicap parking spaces, ingress and egress on the site and on-site circulation 16. Use designation for the areas not covered by buildings (e.g. loading, storage, vacant, opens ace, etc,) 17. Elevations of the building(s) if 18. Construction materials — wood frame, masonry, etc. (If project is in a Historic District provide pictures of existing structures and indicate proposed exterior materials for siding, windows, trim and roofing PRE -APPLICATION BUILDING INFORMATION Please attempt to indicate the following (Note: if information is not known please leave blank) 1. Current Building Occupancy Type (select one): a) Assembly = More than 50 occupants (e.g., Theaters, Restaurants, Nightclubs, Taverns and Bars, Community Halls, Art Galleries, Places of or i Arenas, Bleacher's, etc,) b) Business = Less than 50 occupants (e.g. Professional Service Office Barber and Beauty Salons, Training and Skill Development not�Wfin a school or academic program, Bank, Print Shop, etc. A j 1V c) Educational (e.g., Schools K -12th Grade, Religious Educational Rooms and Auditoriums, Day Care Facilities) d) Factory (e.g., F- Occupancy's include, among others, the use of a building or structure or portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, 1V repair or processing operations that are not classified as Group H -Hazardous or Group S -Storage Occupancy's) Pg.A of 6 GAcomm-devlplanainglFmms & HandcuislPre-Appiicalan Information Sheet Submibl Requirements_FY2017.18 Pg.5 of fi G:kcomm-dev4p€an6inglForrrfs 8 tiandouislPre-Appifca5on Information Sheet Submittal Requirements_FY2017-18 e) High Hazard (e.g., H-Occupancy's includes, among others, the use of a structure, or a porrlon thereof, that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities allowed in control areas complying with section 414 of the Oregon Structural Specially Code. f) Institutional (e.g., [-Occupancy's includes, among others, the use of a building or structure or a portion thereof for more than 16 persons, excluding staff, who reside on a 24 hr. basis in a supervised environment and receive custodial care. Detoxification Facilities, Hospitals, Medical Care, Nursing Living Facilities, Social Rehabilitation Facilities, Assisted Living Facilities, Homes, Congregate Alcohol and Drug Centers, Correction Centers, Jails, Reformatories, Adult and Child Day Care Facilities. g) Mercantile (e.g., Department Stores, Drug Stores, kets, Motor Fuel-Dispensing Facilities, Retail or Wholesale Stores, Sales Rooms.) s ' h) Residential (e.g., Single Family Residence. Hote s, Motels, Apartment Houses, Vacation Time Shares, Congregate Living Facilities (more than 16 occupants), Assisted Living Facilities (with or without a Memory Care Endorsement), Residential Treatment Facilities etc.) 2. Is a Change of Occupancy being requested? If yes, please indicate the proposed Occupancy Type: (Sample Occupancy Types given above) a) Assembly e High Hazard b Business Institutional c Educational g) Mercantile d) Factory h) Residential 3. If Residential please indicate which type (select one); a) R-1 Occupancy (e.g., Hotels (transient), Motels (transient), Boarding Houses (transient) with more N than 10 occupants) b) R-2 Occupancy (e.g., Apartment Houses, Congregate Living Facilities (nontransient) with more than 16 occupants, Dormitories, Hotels (nontransient), Motels (nontransient), Vacation Time Share Properties, Boarding Houses nontransient with more than 16 occupants etc. c) R-3 Occupancy (e.g., Detached One and Two Family Dwellings and Townhouses, Adult Care Facilities (six or fewer persons of any age less than 24 hrs.), Adult Foster Homes as defined in ORS Chapter 443, or Family Child Care Homes located in a private residence as defined in the Oregon Structural Specialty Code section 310.2. Buildings that do not contain more than two dwelling units, Boarding Houses (nontransient), Child Care Facilities that provide accommodations for six or fewer persons of any age for less than 24 hrs., Congregate Living Facilities (nontransient) with 16 or fewer occupants, Lodging Houses etc.) d) R-4 Occupancy (e.g., This occupancy shall include buildings, structures or portions thereof for more than five but not more than 16 persons, excluding staff, who reside on a 24-hr. basis in a supervised residential environment and receive custodial care, Congregate Living Facilities, Halfway Houses, Social Rehabilitation Facilities, Alcohol and Drug Centers Assisted Living Facilities (with or without a Memory Care Endorsement), Residential Care Facilities (with or without a Memory Care Endorsement), Residential Treatment Facilities, Group Homes and Facilities etc.) Pg.5 of fi G:kcomm-dev4p€an6inglForrrfs 8 tiandouislPre-Appifca5on Information Sheet Submittal Requirements_FY2017-18 4. Type of Building Construction: (e.g,, Types I and II construction are those types of construction in which the building elements listed in Table 601 of the Oregon Structural Specialty Code are of noncombustible materials. Type III construction is that type of construction in which the exterior walls are of noncombustible materials and the interior building elements are of any material permitted by the Oregon Structural Specialty Code. Type IV Construction (Heavy Timber) is that type of Construction in which the exterior walls are of noncombustible materials and the interior building elements are of solid or laminated wood without concealed spaces. Type V Construction is that type of construction in which the structural elements, exterior walls and interior walls are of any materials permitted by the Oregon Structural Specialty Code.) a Tye I d) Type 1V b) Type II e) Type V c) Type 111 5. Is the building equipped or proposed to be equipped with a Fire Protection System (e.g,, Fire Sprinklers or Fire Alarms a Yes b) No Any questions regarding the pre -application conference or the formai land use application submittal can be directed to the Ashland Planning Division at (541) 488-5305. The City of Ashland Land Use Code can be found online at www.ashland.or.uslcode.asp by clicking on Chapter 18 and selecting the desired section. Pg,6 of 6 G:Icomm•dWplanningTorms & HandoulsfPre-Appgcabon Information Sheet Submilial Requirements_FY2017-1 8 This narrative is to describe the intention to split off a portion of the lot at 500 A street to form a small lot containing the building identified as 270 4th street. The proposed new lot would have an irregular North lot line to accommodate the need for a common pedestrian access to the trash pick up area at the back of the parking, lot that would belong to 270 41h s property. That common access to be shared by the tenants of 500 A street, 502 A street and 274 4111 street. The trash pick-up area to service all the above J11" locations. F j - _Y_ e �I 7 A k /6x 0 2-1: 7 �33 City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520 Telephone: 541-488-5305 Inspection Line: 541-552-2080 Plan Type: Pre -Application Review Work Class: Pre -Application Review PERMiT NUMBER y ; PREAPP-2018-00008 pply Date: 5/1512018 Oyvner Information Pra a ". Address 391 E09AB5500 270 Fourth St Oyvner Information Applicant Information Owner: Frank Papen Applicant: Frank Papen Owner 267 Meade Applicant 267 Meade Address: Ashland, OR 97520 Address: Ashland, OR 97520 Phone: (} - Phone: {) - I'.fo)ect Descrlptipn Pre -App scheduled for June 6, 2018 @ 2:00 :Fess Fee Description: Amount: Pre -Application Fee $136.00 Applicant: Date: Total Fees $136.00