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HomeMy WebLinkAboutScenic_407_409_PA-T1-2022-00183CITY OF -ASHLAND May 17, 2022 Notice of Final Decision On May 17, 2022, the Community Development Director approved the request for the following: Planning Action: PA -T1-2022-00183 Subject Property: 407 & 409 Scenic Drive Applicant: Mark & Libby Miller Description: A request for land use approval for a Conditional Use Permit (CUP) to authorize a single unit Traveler's Accommodation in an existing 405 sq. ft. ARU at the rear of the property. The application includes a complete set of findings explaining how the Special Use standards are met. The property has three off-street parking spaces. No changes to the site are proposed. COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential; ZONING: R-2; MAP: 39 1E 05 DB; TAX LOT: 4200 The Community Development Director's decision becomes final and is effective on the 12t1' 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 net prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact 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: 541488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 87520 TTY: 800-735-2900 www.ashland.or.us 74i� SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any parry entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: I . Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.B. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content of Notice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type 1. decisions follow the Type II public hearing procedures, pursuant to section 18.5.1.060, subsections A -- E, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.onus ormai ASHLAND PLANNING DEPARTMENT FINDINGS & ORDERS PLANNING ACTION: PA -T1-2022-00183 SUBJECT PROPERTY: 407 & 409 Scenic Dr. APPLICANT/OWNER: Mark & Libby Miller DESCRIPTION: A request for land use approval for a Conditional Use Permit (CUP) to authorize a single unit Traveler's Accommodation in an existing 405 sq. ft. ARU at the rear of the property. The application includes a complete set of findings explaining how the Special Use standards are met. The property has three off-street parking spaces. No changes to the site are proposed. COMPREHENSIVE PLAN DESIGNATION: Multi family Residential; ZONING: R-2; MAP: 39 IE 05 DB; TAX LOT: 4200 SUBMITTAL DATE: April 21, 2022 DEEMED COMPLETE DATE: April 27, 2022 STAFF APPROVAL DATE: May 17, 2022 DEADLINE TO APPEAL (4:30 p.m.): May 29, 2022 FINAL DECISION DATE: May 30, 2022 APPROVAL EXPIRATION DATE: November 30, 2023 DECISION Subject Property The subject property is located at the northwest corner of the intersection of Scenic Drive and Wimer Street. The subject property is zoned multi -family residential (R-2). The property is bordered to the east, west and north by other R-2 zoned properties, with a single-family residential zone (R-1-7.5) immediately to the south. The primary residence on the property is listed individually and as part of the Skidmore Academy Historic District in the National Register of Historic Places. It was historically used as a Bed and Breakfast and is referred to as the Pedigrift House. The subject property was originally created as lot 10 of the Wimer Subdivision according to the 1914 Map of the subdivision. It underwent subsequent subdivisions resulting in the current lot configuration. The parcel is 0.31 acres, with frontage along Scenic Drive and Wimer Street. It is developed with a single-family home, and a detached accessory residential unit listed at 409 Scenic Drive. The primary residence at 407 Scenic Drive was built in 1888 and is 2025 sq. ft. The accessory residential unit is 405 square feet. The applicant is applying for a CUP to authorize a single -unit Traveler's Accommodation in the accessory residential unit at 409 Scenic Drive. No changes to the site are proposed and thus, the bulk of Site Design Review standards do not apply here. Conditional Use Permit & Special Use Standards The application is required to meet the special use standards for a Travelers' Accommodation in AMC 18.2.3.220 and the approval criteria for a Conditional Use Permit in AMC 18.5.4.050, PA -T1-2022-00183 409 Scenic Dr./jt Page 1 A Travelers' Accommodation is an allowed use in the R-2 zone if it meets the Special Use Standards. Those standards include: • That the property is located within 200 feet of a boulevard, avenue or neighborhood collector. The property fronts both Wimer Street and Scenic Drive, satisfying this requirement. • The property on which the Travelers' Accommodation is sited must be the primary residence of the business owner. The application has indicated that this will be the case and that the applicants reside in the primary residence at 407 Scenic Drive. The application materials include a scan of the applicant's drivers license, confirming 407 Scenic Drive as the primary residence. • The primary residence must be at least 20 years old. As indicated by the National Register of Historic Places, the primary residence was originally constructed in 1888. • The allowed number of units is determined by dividing the total square footage of the lot by 1,800 square -feet (e.g., 1350411800-7.5). This property would allow a total of 7.5 units. The applicant has proposed only a single unit as a Travelers' Accommodation in addition to the single-family residence at 407 Scenic Drive. • Each unit must have 400 square -feet of gross interior floor space. The residential unit to be used for traveler's accommodations, as mentioned above, is 405 square feet. The applicant's proposal to operate a single guest -unit Travelers' Accommodations requires a total of three parking spaces: one for each guest -unit and two for the property owner. The application materials include a site plan indicating three parking spaces with adequate turn around space. The applicant is required to provide two bicycle parking spaces. Those spaces have not been identified and will need to be prior to the issuance of business license. A condition of approval to that affect has been included. The targeted use of an equivalent property in the R-2 zone would be equal to 4.185 dwelling units (0.31 ac x 13.5 du/ac). The proposed use will not generate more traffic than four full-time residences and hotel/motel use is shown to have a lower trip generation than single family homes. The Traveler's Accommodation will not affect the development of adjacent properties. The application complies with all of the applicable provisions of the R-2 zoning district, the Special Use Standards AMC 18.2.3.220 and the Conditional Use Permit approval criteria AMC 18.5.4.050. The property is currently served by adequate City facilities for water, sewer, storm drainage and electricity. Based upon information included with the application and in the record, staff concludes that the proposal will not have a greater adverse material impact on the impact area in terms of architectural compatibility, air quality, and generation of traffic, noise, light and glare and the development of adjacent properties than the prior use of the property, or the target use allowable within the zone. The applicant has submitted a burden of proof document showing that they meet the criteria for a Conditional Use Permit, and the proposed use is in conformance with the zoning district requirements as well as the special use standards. The approval criteria for a Travelers' Accommodation are detailed in AMC 18.2.3.220 as follows: PA -TI -2022-00183 409 Scenic Dr./jt Page 2 Where travelers' accommodations and accessory travelers' accommodations are allowed, they require a Conditional Permit under chapter 18.5.4, are subject to Site Design Review under chapter 18.5.2, and shall meet the following requirements. Because the property is fully developed and there are no site changes proposed or required we do not address the Site Design Review critieria. A. Travelers' Accommodations and Accessory Travelers' Accommodations. Travelers' accommodations and accessory travelers' accommodations shall meet all of the following requirements. 1, An accommodation must meet all applicable building, fire, and related safety codes at all times and must be inspected by the Fire Department before occupancy following approval of a Conditional Use Permit and periodically thereafter pursuant to AMC 15.28. 2. The business -owner of a travelers' accommodation or the property owner of an accessory travelers' accommodation must maintain a City business license and pay all transient occupancy tax in accordance with AMC 4.24 and AMC 6.04 as required. 3. Advertising for an accommodation must include the City planning action number assigned to the land use approval. Offering the availability of residential property for use as an accommodation without a valid Conditional Use Permit approval, current business license and transient occupancy tax registration is prohibited and shall be subject to enforcement procedures. B. Travelers' Accommodations. In addition to the standards described above in section 18.23.220.A, travelers' accommodations shall meet all of the following requirements. 1. The property is located within 200 feet of a boulevard, avenue, or neighborhood collector as identified on the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. 2. During operation of a travelers' accommodation, the property on which the travelers' accommodation is sited must be the primary residence of the business -owner. "Business -owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement must specifically state that the property owner is not involved in the day-to-day operation or financial management of the accommodation and that the business -owner has actual ownership of the business and is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. 3. The primary residence on the site must be at least 20 years old. The primary residence may be altered and adapted for travelers' accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setback and lot coverage standards of the underlying zone. 4. The number of travelers' accommodation units allowed shall be determined by the following criteria. a, The total number of units, including the business -owner's unit, shall be determined by dividing the total square footage of the lot by 1,800 square feet. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance, The maximum number of accommodation units shall not exceed nine per approved traveler's accommodation with primary lot frontage on boulevard streets. For travelers' accommodation without primary lot PA -TI -2022-00183 409 Scenic Dr./jt Page 3 frontage on a designated boulevard, but within 200 feet of a boulevard, avenue, or neighborhood collector street, the maximum number of units shall be seven. Street designations shall be as determined by the Street Dedication Map in the Comprehensive Flan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. Excluding the business -owner's unit and the area of the structure it will occupy, there must be at least 400 square feet of gross interior floor space remaining per unit. 5. Each accommodation must have one off-street parking space and the business -owner's unit must have two parking spaces. All parking spaces shall be in conformance with chapter 18.4.3. 6. Only one ground or wall sign, constructed of a non -plastic material, non -interior illuminated, and a maximum of six square feet total surface area is allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation in accordance with subsection 18,4,4.050.0.1, 7. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 8. Transfer of business -ownership of a travelers' accommodation shall be subject to all requirements of this section and conform with the criteria of this section. Any further modifications beyond the existing approval shall be in conformance with all requirements of this section. A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions as provided in AMC 18.5.4.050. 1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone. a. Similarity in scale, bulk, and coverage. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c. Architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. e. Generation of noise, light, and glare, f, The development of adjacent properties as envisioned in the Comprehensive Plan. g. Other factors found to be relevant by the approval authority for review of the proposed use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria PA -T1-2022-00183 409 Scenic Dr./jt Page 4 of this subsection, the target uses of each zone are as follows, R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. In staffs assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria. Planning Action #PA -T1-2020-00103 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 -T1-2020-00103 is denied. The following are the conditions and they are attached to the approval: 1) That the Travelers' Accommodation shall meet all applicable building, fire, and related safety codes at all times, and shall be inspected by the Fire Department before commencing operations and periodically thereafter pursuant to AMC 15.28. 2) That an annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 3) That the applicants shall obtain and maintain a city business license and register for and pay all transient occupancy tax as required in AMC 4.24 and AMC 6.04 prior to the operation of the Travelers' Accommodation. 4) That only one wall or ground sign is permitted on site in conjunction with the Traveler's Accommodation. The sign shall be constructed out of a non -plastic material, shall not be internally illuminated, anal shall have a maximum sign area of six square feet and a maximum overall height of five feet. Any exterior illumination shall not direct light on to any adjacent residential uses. A sign permit demonstrating compliance with these conditions and with the regulations in the Ashland Municipal Code section 18.2.3.220.F and chapter 18.4.7 shall be obtained prior to the placement of any signage on the property. 5) That the subject property skull remain the primary residence of the applicants as business - owners, and evidence of primary residence (i.e. valid Oregon Drivers Licenses or Identification Card reflecting this address) shall be provided for the review of the Staff Advisor prior to the issuance of a business license as required in AMC section 18.2.3.220.A. 6) That any advertisement for the Travelers' Accommodation unit must include the City of Ashland Planning Action number assigned to this city land use approval. 7) That a transfer of business -ownership of the Travelers' Accommodation shall be subject to all requirements of this section and conform to the criteria of this section. If any changes under a transfer of business -ownership do not comply with the Land Use Ordinance, a new Conditional Use Permit and/or other planning actions may be required as determined by Planning Staff. 8) That prior to the issuance of the business license bike parking shall be identified to acc o -W 2 bike. parking spaces or sufficient indoor storage for bikes shall be provided. Bill Molnar, Comunity Development Director Department a /Community Development ii Zvz'Z— D to PA -T1-2022-00183 409 Scenic Dr./jt Page 5 AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On May 17, 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 Planning Action #PA -T1-2022-00183, 407 & 409 Scenic Drive. .MichaeCSuCCivart Signature of Employee G:icommdevlplanninglPfanningAcdonslPAs6y5ireeiiSlSceniclScenic 4091Scenic_469_PA-T1-2922-00183MtHcing1NO01Scenic_409_PA-Tt-2022-00183_NOD_AffidavitofMz;ding.docx511712©22 PA -T1-2022-00183 391 E05DA10800 ARAGON GWENDOLYN MAXINE 6801 E 10TH ST LONG BEACH, CA 90815 PA -T1-2022-00183 391 E05DA10400 BRADY ELISA MAE 150 NURSERY ST ASHLAND, OR 97520 PA -T1-2022-00183 391 E050C200 DANFORTH ADAM ATWELL 361 SCENIC DR ASHLAND, OR 97520 PA -T1-2022-00183 391 E05DAl 0900 GOEBEL K L TRUSTEE FBO 151 WIMER ST ASHLAND, OR 97520 PA -T1-2022-00183 391 E05DB3800 JONES WILLIAM P ET AL 447 SCENIC DR ASHLAND, OR 97520 PA -T1-2022-00183 391 E05OC302 MOYE TRUST ET AL 356 ALTA ST ASHLAND, OR 97520 PA -T1-2022-00183 391 E05 D84001 PEIL THOMAS HANSEN TRUSTEE ET 335 GARFIELD ST ASHLAND, OR 97520 PA -T1-2022-00183 391 E05DD8301 AZEVEDO KRISTOPHER ET AL 360 SCENIC DR ASHLAND, OR 97520 PA -T1-2022-00183 391E05DA10300 BROWN CHARLES J TRUSTEE ET AL 14215 OLD WESTSIDE RD GRENADA, CA 96038 PA -T1-2022-00183 391E05DD8400 DANFORTH WILLIAM HILAURIE I 1357 HALL RANCH RD GRAFTON, VT 5146 PA -T1-2022-00183 391 E05DC100 HODGIN MICHAEL TRUSTEE ET AL 695 WASHINGTON ST ASHLAND, OR 97520 Go to avery.com/templates i LftirAvr�ry [6111Ait,- f;t) I PA -T1-2022-00183 391E05DD8200 BARNARD CYNTHIA L TRUSTEE ET 128 WIMER ST ASHLAND, OR 97520 PA -T1-2022-00183 391E05DA10600 BURKE-BOLLIER LLC BRENT E THOMPSON PO BOX 201 ASHLAND, OR 97520 PA -T1-2022-00183 391 E05DB4300 DELUCA RONALD TRUSTEE ET AL 228 MORNINGLIGHT DR ASHLAND, OR 97520 PA -T1-2022-00183 391 E05DAl0500 JASMIN LUC/ZHAO MIN YING PO BOX 407 TALENT, OR 97540 PA -Tl -2022-00183391E05DC 1803 PA -Tl -2022-00183391E05DB4200 KAHN DANIEL A/KAREN T MILLER MARKILIBBY 357 ALTA ST 407 SCENIC DR ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2022-00183 391 E05DA10301 OHARA NEIL E ET AL 151 NURSERY ST ASHLAND, OR 97520 PA -T1-2022-00183 391 E05DB3900 RETZLAFF STEPHEN J ET AL 121 BUSH ASHLAND, OR 97520 PA -T1-2022-00183 391 E05DC300 407 & 409 Scenic Dr WHITFORD SAMUEL C TRUSTEE ET 5/17/22 NOD 355 SCENIC DR ASHLAND, OR 97520 22 PA -T1-2022-00183 391 E05DA10700 ONKKA KARIN A CIO TOM PASTORE 6301 CASTEJON DR LA JOLLA, CA 92037 PA -T1-2022-00183 391E05DC1800 VAZIRi MYUNG OK TRUSTEE ET AL 1101 N COBBLESTONE WY EAGLE, ID 83616 Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY OF pr, 541-488-5305 Fax:541-552-2050 www.ashland.or.us TTY:1-800-735-2900 ASHLAND . . .... . . . ......... NOTICE OF APPLICATION PLANNING ACTION: PA -TI -2022-00183 SUBJECT' PROPERTY: 407 & 409 Scenic Dr. OWN E R/APPLI CANT: Mark & Libby Miller DESCRIPTION: A request for land use approval for a Conditional Use Permit (CUP) to authorize a single unit Traveler's Accommodation in an existing 408 sq. ft. ARU at the rear of the property. The application includes a complete set of findings explaining how the Special Use standards are met. The property has three off-street parking spaces. No changes to the site are proposed, COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential;: ZONING: R-2; MAP: 39 1 E 05 DB; TAX LOT: 4200 0050 I =-=I, 0 "Iffffile"i - =1 IBM 114 10 1 Q Is] SOV111 "M M I RE1141aTITI 1014111 q II LTH IM .4 A 24r 2h._j L1 L249 2 11 9,41 2494 4 1 35� 49,40 2444' 1_ r j 15 1,40 126 49 �9 2494 4 4 9 9 4 9, N9 2 4 9, 1 423 42 ... . ..... . 4938 4' 49 25 246 Elr ...._.. r""� lgv 2112,12111122MIUM 1 J1110M 924 [49,87 249,4 11 71111 409] — Subject Property 9, 34 49 407 & 409 icScen Dr. 2 2 4� ' 249 PA -T1-2822-04183 L-A 1"26' 1/ f 369 �' i _� J J 3 6�w 91 [368 7� 361 �j��� X11 ��1�1 �_--��_.__.. 128 1:492 indequattfeel Feet 40 20 0 40 so 120 160 M.Ppd.g uras,i.7ryc b... 4. __wy f..wcy, CITY Of rrs -ASHLAND V012.525 50 75 10110 1 Feet ""'dsp.0.0y 4old mM.d W a"db, 1-11- 1:492 OVER :�c.ni5ii-dev�plannin,,�Plinrii,ig Acduns\Ms by Sfree��S\Sceni6kenic, 40%Scenic.409­ TJ PA--2072-00183\Nclid ng�Sc�ni�, 409 PATI -2J22-90947 -2J22-00 193 NOC doex C,I(; The Ashland' Planning Division Staff harms �eived a complete application for the proi , 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 @Lash land or.us. A copy of the application, including all documents, evidence and applicable criteria are available online at "What"s Happening in my City" at https:/Igis.ashland.or,us/deye menu ro o—SalS/, Copies of application matehals will be provided at reasonable cost, if requested. Under extenuating circumstances,, application materials may be requested to be reviewed in-person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling (541) 488-5305 or emailing ip tannin ashland. or. us. Any affected property owner or resident has a right to submit written comments to r)Ianmng(cDashland.or.US or to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4-130 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 appkcation. 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 18.5.1.959.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 Tuthill at 541-552-2045 or Johanna.tuthil[@_ashIaid,or. Lis, CONDITIONAL USE PERMg§ASee http AJ/as In I and. municipal codes/LandUse/1 8.5.4.050 J A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions, That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject Iot with the target use of the zone, pursuant with subsection 18.5.4.0150.A.5, below, When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in: relation to the target use of the zone. a.Similarity in scale, bulk, and coverage. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycie, and mass transit use are considered beneficial regardless of capacity of facilities. C. Architectural compatibility with the impact area, d. Air quality, including the generation of dust, odors, or other environmental pollutants, e, Generation of noise, light, and glare, f, The development of adjacent properties as envisioned in the Comprehensive Plan, 9. Other factors found to be relevant by the approval authority for review of the proposed use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the G:\caiiini-rclevlpliniein,,,NllilnnjngActioiislPAsbyStrect%SNScenic\Scenic 4MScenic,,409 NOC.docx target uses of each zone are as follow, a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. L R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. C. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0,35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. e. C -1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements. f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements. h. CM -C1. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio, complying with all ordinance requirements. i. CM -OE and CM -MU. The general office uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area, complying with all ordinance requirements. k. CM -NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area ratio, complying with all ordinance requirements. I. HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3.5 North Mountain Neighborhood, and 18.3.6 Southern Oregon University District, respectively, complying with all ordinance requirements. TRAVELERS' ACCOMMODATIONS 18.2.3.220 Where travelers' accommodations and accessory travelers' accommodations are allowed, they require a Conditional Permit under chapter 18.5.4, are subject to Site Design Review under chapter 18.5.2, and shall meet the following requirements, See definitions of travelers' accommodation and accessory travelers' accommodation in part 18-6. A, Travelers' Accommodations and Accessory Travelers' Accommodations. Travelers' accommodations and accessory travelers' accommodations shall meet all of the following requirements. 1. An accommodation must meet all applicable building, fire, and related safety codes at all times and must be inspected by the l=ire Department before occupancy following approval of a Conditional Use Permit and periodically thereafter pursuant to AMC 15.28, 2. The business -owner of a travelers' accommodation or the property owner of an accessory travelers' accommodation must maintain a City business license and pay all transient occupancy tax in accordance with AMC 4.24 and AMC 6.04 as required. 3. Advertising for an accommodation must include the City planning action number assigned to the land use approval. 4. Offering the availability of residential property for use as an accommodation without a valid Conditional Use Permit approval, current business license and transient occupancy tax registration is prohibited and shall be subject to enforcement procedures. B. Travelers' Accommodations. In addition to the standards described above in section 18,23.220.A, travelers' accommodations shall meet all of the following requirements. 1. The property is located within 200 feet of a boulevard, avenue, or neighborhood collector as identified on the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line, 2. During operation of a travelers' accommodation, the property on which the travelers' accommodation is sited must be the primary residence of the business -owner. "Business -owner' shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement must specifically state that the property owner is not involved in the day-to-day operation or financial management of the accommodation and that the business -owner has actual ownership of the business and is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. 3. The primary residence on the site must be at least 20 years old. The primary residence may be altered and adapted for travelers' accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setback and lot coverage standards of the underlying zone. Wzomm-dev%plannin_-Tlanning AcliaDAPAs by SireeslSlSceniclScenic_40915cenic_409_PA-TI-2022-001831NoticinglScenic 409_PA-T 1-2022-00183_N0C.docx 4, The number of travelers' accommodation un, .,lowed shall be determined by the following criterk a. The total number of units, including the busi n ess-own or's unit, shall be determined by dividing the total square footage of the lot by 1,800 square feet. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed nine per approved traveler's accommodation with primary lot frontage on boulevard streets. For travelers' accommodation without primary lot frontage on a designated boulevard, but within 200 feet of a boulevard, avenue, or neighborhood collector street, the maximum number of units shall be seven. Street designations shall be as determined by the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. b. Excluding the business -owner's unit and the area of the structure it will occupy, there must be at least 400 square feet of gross interior floor space remaining per unit. 5. Each accommodation must have one off-street parking space and the business -owner's unit must have two parking spaces. All parking spaces shall be in conformance with chapter 18.4.3. 6. Only one ground or wall sign, constructed of a non -plastic material, non -interior illuminated, and a maximum of six square feet total surface area is allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation in accordance with subsection 18,4,4,050,0.1. 7. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 8. Transfer of business -ownership of a travelers' accommodation shall be subject to all requirements of this section and conform with the criteria of this section. Any further modifications beyond the existing approval shall be in conformance with all requirements of this section. C. Accessory Travelers' Accommodations. In addition to the standards in section 18.2.3.220.A, accessory travelers' accommodations shall meet all of the following requirements. 1. The operator of the accessory travelers' accommodation must be the property owner and the property must be the operator's primary residence. The operator must be present during operation of the accessory travelers' accommodation. 2. The property is limited to having one accessory travelers' accommodation unit, covered under a single reservation and consisting of two or fewer bedrooms. Meals are not provided and kitchen cooking facilities are not permitted with an accessory travelers' accommodation, with the exception of kitchen cooking facilities for the primary residence. 3. The total number of guests occupying an accessory travelers' accommodation must not exceed two people per bedroom. 4. The property must have two off-street parking spaces. The total number of guest vehicles associated with the accessory travelers' accommodation must not exceed one. 5. Signs are not permitted in conjunction with the operation of an accessory travelers' accommodation. G:lcomm-devlplanningTlanning ActionsTAsby Strwe SlScenirlSeenic_4091Seenio_409_PA-TI-2022-001831NoticinglScenic 409_PA-T1-2022-00183_NOC_docx 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 27, 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 Planning Action #PA -T1-2022-00183, 409 Scenic Drive. NichaeCSuCCivan Signature of Employee Wcomm-devlplanning4Plannfng AdtionsVAs by StreefiSlScenic4Scenic_4691Scenic_40g_PA-T1-2622-06183WodcinglScenic__409_PA-T1-2022.00183_NOC AfBdavitof Mailing.docx 412712022 PA -T1-2022-00183 391 E05DA10800 ARAGON GWENDOLYN MAXINE 6801 E 10TH ST LONG BEACH, CA 90815 PA -T1-2022-00183 391E05DA10400 BRADY ELISA MAE 150 NURSERY ST ASHLAND, OR 97520 PA -T1-2022-00183 391 E05DC200 DANFORTH ADAM ATWELL 361 SCENIC DR ASHLAND, OR 97520 PA -T1-2022-00183 391 E05DA10900 GOEBEL K L TRUSTEE FBO 151 WIMER ST ASHLAND, OR 97520 PA -T1-2022-00183 391E05DB3800 JONES WILLIAM P ET AL 447 SCENIC DR ASHLAND, OR 97520 PA -T1-2022-00183 391 E05DC302 MOYE TRUST ET AL 356 ALTA ST ASHLAND, OR 97520 PA -T1-2022-00183 391E05DB4001 PEIL THOMAS HANSEN TRUSTEE ET 335 GARFIELD ST ASHLAND, OR 97520 PA -T1-2022-00183 391 E05DC300 WHITFORD SAMUEL C TRUSTEE ET 355 SCENIC DR ASHLAND, OR 97520 PA -T1-2022-00183 391E05DD8301 AZEVEDO KRISTOPHER ET AL 360 SCENIC DR ASHLAND, OR 97520 PA -T1-2022-00183 391 E05DA10300 BROWN CHARLES J TRUSTEE ET AL 14215 OLD WESTSIDE RD GRENADA, CA 96038 PA -T1-2022-00183 391E05DD8400 DANFORTH WILLIAM HILAURIE 1 1357 HALL RANCH RD GRAFTON, VT 5146 PA -T1-2022-00183 391 E05DC100 HODGIN MICHAEL TRUSTEE ET AL 695 WASHINGTON ST ASHLAND, OR 97520 PA -T1-2022-00183 391E05DC1803 KAHN DANIEL A/KAREN T 357 ALTA ST ASHLAND, OR 97520 PA -T1-2022-00183 391E05DA10301 OHARA NEIL E ET AL 151 NURSERY ST ASHLAND, OR 97520 PA -T1-2022-00183 391 E05DB3900 RETZLAFF STEPHEN J ET AL 121 BUSH ASHLAND, OR 97520 409 Scenic NOC 4/27/22 22 Go to avery.com/temptates Use Avr Ey Tem pL'A,. S I G(1 I PA -T1-2022-00183 391E05DD8200 BARNARD CYNTHIA L TRUSTEE ET 128 WIMER ST ASHLAND, OR 97520 PA -T1-2022-00183 391E05DA10600 BURKE-BOLLIER LLC BRENT E THOMPSON PO BOX 201 ASHLAND, OR 97520 PA -T1-2022-00183 391E05DB4300 DELUCA RONALD TRUSTEE ET AL 228 MORNINGLIGHT DR ASHLAND, OR 97520 PA -T1-2022-00183 391 E05DA10500 JASMIN LUCIZHAO MIN Y1NG PO BOX 407 TALENT, OR 97540 PA -T1-2022-00183 391E05DB4200 MILLER MARKILIBBY 407 SCENIC DR ASHLAND, OR 97520 PA -T1-2022-00183 391 E05DA10700 ONKKA KARIN A CIO TOM PASTORE 6301 CASTEJON DR LA JOLLA, CA 92037 PA -T1-2022-00183 391E05DC1800 VAZIRI MYUNG OK TRUSTEE ET AL 1101 N COBBLESTONE WY EAGLE, ID 83616 ow"'419 Planning Division 51 Winburn Way, Asbland OR 97520 541-488-5305 Fax 54 006 -ASI 1 LAND 4FACIMPTIO R E C E ( "vT D DESCRIPTION OF PROPERTY. - Pursuing LEEDO Certification? 0 YES P NO -, � 4 , 0� Street Address 0 Rel ti Assessor's Map No, 39 IE Zoning Tax Lot(s) Comp, Plan Designation APPLICANT Name I o _Phone Otl-'9�2-WV -Mail h V) h GI , Ca vutvl Address Cit, A Zip PROPERTY OWNER yql Ct (Y' i r M "CA) I C Name K 0 y- Phone'N I E -Mail Address t -j b City eC i"I Zip Title Name Title Name Phone Phone City E -Mail am I I Address city Zip I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings cat fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection, In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 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 reexper, if 11 have 7 ny doutts, I am advised to seek competent professional advice and assistance. mov7M AIA—_ _us'. i Ap 69ant's :nature Date As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property 0 Property Owner's Signature (required} Uale [TO W CMPIdEd by CiV SWR Date Received Zoning Permit Type Filing Fee OVER 00 ako,­du,kpI-nj.gToo:ms ApplimijonAm 409 Scenic Drive Travelers' Accommodation Application Narrative The location of the proposed travelers accommodation is within 200 feet of Wimer St and Scenic Dr. The cottage is situated on the back portion of the property at 407 Scenic Drive, which is the owners primary home. The primary residence is more than 20 years old; it is on the National Register of Historic Places and was originally built in 1888. The unit has it's own street number as such there is no need for a lit sign that would potentially disrupt the neighbors. The property will also be non-smoking as the private backyard borders a condominium and apartment complex, so as not to disturb tenants while outdoors. The lot at 407-409 Scenic is 13, 504 feet, which is large enough to allow for 7.5 dwelling units. While the lot is large enough for a greater number of units we plan to have only the primary residence and one small, 405 sq foot cottage, on the property. Using the property in this way will create a much lesser impact on the surrounding neighborhood than if we had decided to use the property to its full rental potential. By only having one short term unit for rent there will be less traffic, and less noise and even less energy use than if we had 7.5 units. The property also has enough space for the owner to have two parking spaces as well as one space for the rental property. As such there should not be any significant impact to off street parking in the area. 409 Scenic has been used as a dwelling for the past several years and has sufficient capacity for water, sewer, electricity, and urban storm drainage. The property was well maintained by the previous owner and will continue to be well looked after and maintained. As it is also our family property we expect the renters of the unit to treat the cottage and the entire neighborhood with due respect. We hope it will be a welcoming place for travelers to rest as they come to experience all Ashland has to offer. L2