Loading...
HomeMy WebLinkAboutClear_Creek_130_138_PA-T1-2022-00184CITY OF -ASHLAND July 14, 2022 Notice of Final Decision On July 14, 2022, the Community Development Director approved the request for the following: Planning Action: PA -T1-2022-00184 Subject Property: 130 & 138 Clear Creek Drive Applicant: Magnolia Fine Homes, LLC Description: A request for Site Design Review approval to construct two new three-story, attached wall, mixed-use buildings for the two properties located at 130 and 138 Clear Creek Drive. The proposed buildings are each 3,230 square feet and consist of ground floor commercial space with one upper level, two-bedroom residential condominium on each lot. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 1E 09 BA; TAX LOT: 14702 & 14703. 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 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, Iocated 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) anal/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 Derek Severson in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-18$-5305 51 Winbnm Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us Ir SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5.1.050. G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by Ietter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision, The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: 1. Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.B. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.6.1, 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 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. Titre for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content of Notice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. ii, A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type 11 public hearing procedures, pursuant to section 18.5.1.060, subsections A — E, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be fled 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 /r ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA- T1-2022-00184 SUBJECT PROPERTY: 130 & 138 Clear Creek Drive OWNER/APPLICANT: Magnolia Fine Homes, LLC DESCRIPTION: A request for Site Design Review approval to construct two new three-story, attached wall, mixed-use buildings for the two properties located at 130 and 138 Clear Creek Drive. The proposed buildings are each 3,230 square feet and consist of ground floor commercial space with one upper level, two-bedroom residential condominium on each lot. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 IE 09 BA; TAX LOT: 14702 & 14703. SUBMITTAL DATE: May 5, 2022 DEEMED COMPLETE DATE: June 22. 2022 STAFF APPROVAL DATE: July 14, 2022 APPEAL DEADLINE (4:30 P.M.): July 26, 2022 FINAL DECISION DATE (4:30 P.M.): July 27, 2022 APPROVAL EXPIRATION DATE: January 27, 2024 DECISION: Site The subject properties are vacant Lots 1 and 2 of the Spur Rail Subdivision, a seven -lot subdivision originally approved in January 2006 as Planning Action #2005-01833, and are located at 130 and 138 Clear Creek Drive. The original subdivision involved a 0.79 -acre parcel, bounded by an alley to the east, Clear Creek Drive to the north, vacant land to the west, with Ashland Lumber farther to the west, and the Central Oregon Pacific Railroad to the south. Lots 3, 4, 5 and 6 have all been recently developed with three-story, mixed-use buildings, and Lots 1 and 2 are the last two remaining subdivision building lots. The subject properties are each 1,643 square feet in area, and are zoned E-1 (Employment) with Detail Site Review and Residential overlays. Some landscaping including street trees were installed as required with the subdivision; the individual building lots are generally free of vegetation. Each lot is required to complete perimeter landscaping with the completion of building construction. Proposal The proposal is a request for Site Design Review approval to construct two new three-story, attached wall, mixed-use buildings for the two properties located at 130 and 138 Clear Creek Drive. The proposed buildings are 3,230 square feet each and would consist of ground floor commercial space with one upper level, two-bedroom residential condominium on each lot. PA -Tl -2022-00184 130-138 Clear Creek DrAs Page I Project Impacts The first criterion for Site Design Review approval is that, "The proposal complies with all of the applicable provisions of the underlying zone (part 15.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards." The application asserts that the proposal complies with all applicable provisions of part 18.2, noting that the property is zoned E-1 with a Residential overlay, that the proposed uses are permitted and special permitted uses, that the proposed structures are located within the approved envelopes and provide clearance for necessary easements and pedestrian access. The applicants further explain that the proposed buildings, at 3,230 square feet each, comply with the minimum required floor area ration (F.A.R.) Landscaped areas are provided directly adjacent to the subject property within the stormwater bio- swale area, and other landscaping within the subdivision is provided to address lot coverage and landscaping requirements. The second approval criterion is that, "The proposal complies with applicable overlay zone requirements (part 18.3)." The subject properties here are located within the Detail Site Review zone and the Residential (R-) overlay. In terms of the R -Overlay, the application notes that the ground floor commercial uses account for 76.2 percent of the ground floor space which more than satisfies the ground floor commercial space requirements within the R -overlay. The Detail Site Review Standards are included in the Site Development and Design Standards are discussed in the next section. The third criterion is that, "The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below." The applicants explain that the proposed building have minimal front setbacks and are oriented to Clear Creek Drive with a well-defined pedestrian entrance into each of the ground floor tenant spaces. Each building has a materially distinct brick veneer base, and a mix of horizontal and vertical siding, metal and wood materials, and aluminum storefront windows and doors. Buildings have single gables with a prominent south roof face which allows for maximum solar gain. The proposed buildings are less than the maximum 40 -foot height limit. Each unit has a front deck on the Clear Creek Drive, north side of the structure. The applicants explain that each proposed 3,230 square foot building exceeds the minimum required Floor Area Ration of 0.50 for the 1,643 square foot lots, and they suggest that the buildings are adjacent to the public sidewalk with at least 20 percent of the wall area adjacent to the street in windows and doors. They further assert that the buildings have changes in mass, surfacing and exterior finish materials to emphasize the entries. Awnings and marquees are proposed to protect pedestrians from sun and rain. The application details the parking requirements for the proposed buildings as follows: the ground floor commercial space requires 1.6 parking spaces for each unit for a total of 3.2 required off- street parking spaces; the two two-bedroom residential units each require 1.75 parking spaces for a total of 3.5 parking spaces, which equates to 6.7 total required spaces between the two lots or 3.35 spaces per lot. There are three parking spaces immediately to the east of the subject property, and additional parking distributed around the site. A total of eighteen off-street surface parking spaces are distributed around the site, and three on -street parking spaces were also granted with PA -T1-2022-00184 130-138 Clear Creek DrAs Page 2 the subdivision approval. The subdivision CC&R's establish that all common parking is to be shared equally between the lots. The 21 available parking spaces are shared equally by the six parcels, with each lot having 3 '/2 parking spaces available to address parking requirements in addition to any garage spaces proposed. Each building here will have a one garage space to accommodate parking for the residential units, and as such a total of 4.5 spaces available for each of the two lots will more than address the 3.35 space demand described. Residential bicycle parking can be accommodated in the garages, and the applicants propose to address require bicycle parking for the commercial spaces with racks at the front of the building. The fourth criterion is that, "The proposal complies with the applicable standards in section .18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property." The applicants assert that there is adequate capacity in water, sewer, storm sewer, and electric and transportation facilities to serve the proposed building, further explaining that the parcels are buildable pad lots within an approved subdivision and that all facilities were stubbed to the individual lots as part of the original subdivision development. The final criterion for Site Design Review approval addresses instances where Exception to the Site Development and Design Standards provides necessary, noting that, "The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist: 1) There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2) There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards." The application here does not request any Exceptions to the Site Development and Design Standards. The criteria for Site Design Review approval are described in AMC Section 18.5.2.050 as follows: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will PA -T1-2022-00184 13 0-13 8 Clear Creek DrAs Page 3 be provided to the subject property. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design, and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. In Staff's opinion, the criteria for Basic Site Review and Detail Site Review are satisfied by the proposal with the conditions attached. Planning Action #PA -TI -2022-00184 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 -2022-00184 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 2) That the plans submitted for the building permit shall be in substantial conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify the Site Design Review approval shall be submitted and approved prior to issuance of a building permit. 3) That all conditions of the original subdivision approval (Planning Action #2005- 01833) shall remain in effect unless otherwise specifically modified herein. 4) That storm water from all new impervious surfaces and runoff associated with peak rainfalls must be collected on site and channeled to the City storm water collection system (i.e., curb gutter at public street, public storm pipe or public drainage way) or through an approved alternative in accordance with Ashland Building Division policy BD -PP -0029. 4n -site collection systems shall be detailed on the building permit submittals. 5) That a sign permit shall be obtained prior to installation of any new signage. Signage shall meet the requirements of Chapter 18.4.7. 6) Display areas, windows and doorways shall allow views into the interior of the building, and the windows shall not be tinted so as to prevent views from outside of the building into the interior of the building. 7) The front entrances adjacent to Clear Creek Drive shall remain functional and open to the public during all business hours 8) The garages shall remain open and available for resident parking at all times, and shall not be used for the storage of materials. 9) That the building permit submittals shall include: PA -T1-2022-00184 130-138 Clear Creek DrAs Page 4 a. Final solar setback calculations demonstrating that all new construction complies with Solar Setback Standard B in the formula ((Height — lb)/(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifying the highest shadow producing point(s) and the height(s) from natural grade. b. A final landscaping and irrigation plan which includes irrigation details satisfying the requirements of the Site Design and Use Standards Water Conserving Landscaping Guidelines and Policies. C. Bicycle parking details detailing the proposed racks, their placement and coverage. Inverted a -racks shall be used for the bicycle parking. All bicycle parking shall be installed in accordance with design and rack standards in 18.4.3.070.I and J prior to the issuance of the certificate of occupancy. The building permit submittals shall verify that the bicycle parking spacing and coverage requirements are met in accordance with 18.4.3.070.1 d. That exterior building materials and paint colors shall be compatible with the surrounding area, and sample exterior building colors shall be provided with the building permit submittals for review and approval of the ,Staff Advisor. Very bright or neon paint colors shall not be used in accordance with AMC 18.4.2.030.E. 10) That prior to the issuance of a Certificate of Occupancy: a. The bio-swale landscaping associated with each parcel and other associated landscaping and irrigation for the lot development shall be installed in accordance with the approved plans. b. The screening for the trash and recycling enclosure shall be installed in accordance with the approved plan. An opportunity to recycle site of equal or greater size than the solid waste receptacle shall be included in the trash enclosure in accordance with 18.4.4.040. C. All exterior elements shown on the approved building permit submittals, including modifications of the plans to address conditions of approval here, shall be installed on the building, inspected and approved prior to the issuance of the certificate of occupancy. d. All exterior lighting shall be directed on the property and shall not directly illuminate adjacent proprieties. e. The bicycle parking facilities shall be installed according to the approved plan, inspected and approved. Bill Molnar, Director Community Development Department\ July 14, 2022 Date PA -Tl -2022-00184 130-138 Clear Creek DrAs Page 5 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 July 14, 2022 f 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 -T1-2022-00184, 130 & 138 Clear Creek Drive. "MichaeCSuffiyan Signature of Employee G:%coma~dWplaflnIgkP13nNn9Ac8ons' As bySbe,oiClCkarCreeklClearC€eek_13U_138\ClearD_13013S_PA-TI -2022-0©184wotciog4NWVClear Cr 130_138_PA-Tt-2022-00184_N00_ASidavAof MaNng.docx 11140022 A- VERY 5160 I Fasy Peel Address Labels ; Go to avery.com/templates E I encl along line to e Pal exposrup Ecicie I Use, Ni�:iy Tempht - ` f( ) L' € PA T1-2022-00184 391 E09BA14707 ALEXANDER -CLAYTON TRUST ET AL 172 CLEAR CREEK DR 201 ASHLAND, OR 97520 PA T1-2022-00184 391 E04CD1900 CLEAR CREEK INVESTMENTS LLC 845 OAK ST ASHLAND, OR 97520 PA T1-2022-00184 391E09BA50000 LA ROSA HOLDINGS LLC NEAL KINZIE 180 CLEAR CREEK DR 203 ASHLAND, OR 97520 PA -T1-2022-00184 ROGUE PLANNING & DEVELOPMENT 1314-B CENTER DR. PMB#457 MEDFORD, OR 97501 PA T1-2022-00184 391E098A14700 SPUR RAIL PROPERTY OWNER'S AS 253 N 3RD ST ASHLAND, OR 97520 130-138 Clear Creek 07/14/22 NOD 15 PA—T1 -2022-00184 391E04CD1901 ASHLAND FOOD COOPERATIVE 237 N 1 ST ST ASHLAND, OR 97520 PA T1-2022-00184 391E09BA14602 EMARD PROPERTIES LLC PO BOX 1180 ASHLAND, OR 97520 PA T1-2022-00184 391E09BA14702 MAGNOLIA FINE HOMES LLC 2974 CHAPMAN LN ASHLAND, OR 97520 PA T1-2022-00184 391E09BA14706 SALTZSTEIN WILLIAM E TRUSTEE 164 CLEAR CREEK DR UNIT 201 ASHLAND, OR 97520 PA T1-2022-00184 391 E04CD2000 BERNARD HERSEY PROPERTY LLC DAVID A BERNARD -MANAGER PO BOX 730 ASHLAND, OR 97520 PA—T1 -2022-00184 391 E04CD1800 GOLDEN FIELDS PROP MGNT LLC 845 OAK ST ASHLAND, OR 97520 PA -T1-2022-00184 MAGNOLIA FINE HOMES LLC 441 TALENT AVENUE, UNIT 60 TALENT, OR 97540 PA T1-2022-00184 391E09BA14705 SPUR RAIL LOFT HOUSE LLC CIOTA ,BARBARA 156 CLEAR CREEK DR 201 ASHLAND, OR 97520 PA_T1-2022-00184 391 E09BA14800 I PA_T1-2022-00184 391 E09BA14704 UNION PACIFIC RR CO PROPERTY TAX VIDMAR DALE J ET AL I DEPARTMENT j PO BOX 834 1400 DOUGLAS ST 1640 ASHLAND, OR 97520 OMAHA, NE 68179 Allez a avery.ca/gabarits Utilisez le Gal»rit Avery s160 I � j �m�����»u, �� � . � � .. © , a �� ,� �� � � . . � Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY OF ,r 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLAND NOTICE of APPLICATION PLANNING ACTION: PA -TI -2022-00184 SUBJECT PROPERTY: 130 & 138 Clear Creek Drive APPLICANTIOWNER: Rogue Planning & Development Services, LLC agent for Magnolia Fine Hames, LLC DESCRIPTION: A request for Site Design Review approval to construct two new three-story, attached wall, mixed-use buildings for the two properties located at 130 and 138 Clear Creek Drive. The proposed buildings are each 3,230 square feet, and would consist of ground floor commercial space with one upper level, two-bedroom residential condominium on each lot. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 1E 09 BA; TAX LOT: 14702 & 14703. NOTICE OF COMPLETE APPLICATION: June 22, 2022 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: July 6, 2022 F PA—T1-2022-00184 130 & 188 Clear Creek Drive ! E Subject Properties Y E r't ..,, .-.._.._ �z OVER CjAmtnm-devlplanning\Planning AcdonsTAs by Strea600ear CreekWlearCree3:_130 1381ClearCr_130_138_PA-T-2022-001891NaticingTlear_Cr_130_ 138_PA—TI-2022-001 84 NOC.dwx c x r OVER CjAmtnm-devlplanning\Planning AcdonsTAs by Strea600ear CreekWlearCree3:_130 1381ClearCr_130_138_PA-T-2022-001891NaticingTlear_Cr_130_ 138_PA—TI-2022-001 84 NOC.dwx c The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice Because of the COVID-19 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 planninq(@ashland.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:Ifgis.ashiand.or.usldevelopmentproposalsl. Copies of application materials will be provided at reasonable cost, if requested. Under extenuating circumstances, application materials may be requested to be reviewed in-person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling (541) 488-5305 or emailing plan ningC�ashland.or. us. Any affected property owner or resident has a right to submit written comments to plannin ash[and.or.us 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 1. 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.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 Derek Severson at 541-552-2040 or derek.seversonC7ashland. or, us. SITE DESIGN AND USE STANDARDS 18.5.2.050 The following criteria shall be used to approve or deny an application: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards, B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards; The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards: The approval authority may approve exceptions to the Site Development and Design Standards of part 18,4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2, There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. Gacomm-devlp1anning0anning AcdonslP& 16y 5treei\C\Clear Creek\CleuCreek_130 13KClearCr_130_138_PA-T-2©22 001641Noticing\Clear_Cr_130_138 PA_ T1-2022-00] 84_NOC.doex AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On June 22, 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 -T1-2022-00184, 130 & 138 Clear Creek Drive. MichaeCSuffiyan Signature of Employee GAcomm-devlplanninglPlanning Adtionsfts by Slreei4C4ClearCreekkCiearCreek_130 1381ClearCr_130_138_PA-7-2022-001841Na8cinglClaar_Cr_130_138_PA 71-2822-00184 NOC_A€fidavit of Mailing.dou Bi2212022 PA -T1-2022-00184 391 E09BA14707 ALEXANDER -CLAYTON TRUST ET AL 172 CLEAR CREEK DR 201 ASHLAND, OR 97520 PA -T1-2022-00184 391 E04CD1900 CLEAR CREEK INVESTMENTS LLC 845 OAK ST ASHLAND, OR 97520 PA -T1-2022-00184 391 E09 BA50000 LA ROSA HOLDINGS LLC NEAL KINZIE 180 CLEAR CREEK DR 203 ASHLAND, OR 97520 PA -T1-2022-00184 ROGUE PLANNING & DEVELOPMENT 1314-B CENTER DR. PMB#457 MEDFORD, OR 97501 PA -T1-2022-00184 391 E09BA14700 SPUR RAIL PROPERTY OWNER'S AS 253 N 3RD ST ASHLAND, OR 97520 130 & 138 Clear Creek 06/22/22 15 J r PA -T1-2022-00184 391 E04CD1901 ASHLAND FOOD COOPERATIVE 237 N 1ST ST ASHLAND, OR 97520 PA -T1-2022-00184 391 E09BAl4602 EMARD PROPERTIES LLC PO BOX 1180 ASHLAND, OR 97520 PA -T1-2022-00184 391E09BA14702 MAGNOLIA FINE HOMES LLC 2974 CHAPMAN LN ASHLAND, OR 97520 PA -T1-2022-00184 391 E09BA14706 SALTZSTEIN WILLIAM E TRUSTEE 164 CLEAR CREEK DR UNIT 201 ASHLAND, OR 97520 PA -T1-2022-00184 391 E09BAl4800 UNION PACIFIC RR CO PROPERTY TAX DEPARTMENT 1400 DOUGLAS ST 1640 OMAHA, NE 68179 PA -T1-2022-00184 391 E04CD2000 BERNARD HERSEY PROPERTY LLC DAVID A BERNARD -MANAGER PO BOX 730 ASHLAND, OR 97520 PA -T1-2022-00184 391E09BA14603 GOLDEN -FIELDS PROPERTY 845 OAK ST ASHLAND, OR 97520 PA -T1-2022-00184 MAGNOLIA FINE HOMES LLC 441 TALENT AVENUE, UNIT 60 TALENT, OR 97540 PA -T1-2022-00184 391 E09BA14705 SPUR RAIL LOFT HOUSE LLC CIOTA BARBARA 156 CLEAR CREEK DR 201 ASHLAND, OR 97520 PA -T1-2022-00184 391E09BA14704 VIDMAR DALE J ET AL PO BOX 834 ASHLAND, OR 97520 �w \ e"ARaz / a � yv ? } ~y \ e"ARaz / a � yv P4 1FAM& ZONING PERMIT APPLICATION Planning Division CITY OF 51 Winburn Way, Ashland OR 97520 FILE # PA -T1-2022-00184 -ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT Site Design Review DESCRIPTION OF PROPERTY Pursuing LEED® Certification? 0 YES 1 i}NO Street Address 130-138 Clear Creek Drive Assessor's Map No. 39 1 E 09BA Tax Lot(s) Zoning _Employment APPLICANT Name Rogue Planning & Development Services Phone 14702 & 14703 Comp Plan Designation E-1 541-951-40202 E -Mail amygunter.planning@gmail.com Address 1314-B Center Dr_, PMB#457 city Medford zip 97501 PROPERTY OWNER Name Magnloia Fine Homes LLC Phone 503-998- E -Mail helmanspring@gmail.com Address _441 Talent Avenue, Unit 60 city Talent zip 97540 SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Name Address Title Name Address Phone City Phone City E -Mail Zip E -Mail Zip I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact are in all respects, true and correct. I understand that at/ 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 1 produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact fumishod 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 sot asido, but also possibly in my structures being built in reliance thereon being required to be removed at my expense. If I have any doubts, I am advised to seek competent professional advice and assistance. uh Applicant` i ature Date As owner of the property involved in this request, 1 have read and understood the complete application and its consequences to me as a property owner. Gil Livni Property Owner's Signature (required) Date [To he comp€oled by City Stafq / Date Received �i9 �a Zoning Permit Type i Uig1 Filing Fees OVER Qkomm-devlplanninglFams&HandootsVning]?emit Application.doc ZONING PERMIT SUBMITTAL REQUIREMENTS u APPLICATION FORM must be completed and signed by both applicant and property owner. 13 PLANNING FEES FORM must be completed and signed by both applicant and property owner. L� 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. L� 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. L� FEE (Check, Charge or Cash) ❑ LEEDO CERTIFICATION (optional) — Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps: • Hiring and retaining a LEEDO Accredited Professional as part of the project team throughout design and construction of the project; and • The LEEDO checklist indicating the credits that will be pursued. NOTE: • Applications are accepted on a first come, first served basis. • Applications will not be accepted without a complete application 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 Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month, Meetings are held at the City Council Chambers at 1175 East Main St). • A notice of the project request will be sent to neighboring properties for their comments or concerns, • If applicable, the application will also be reviewed by the Tree and/or Historic Commissions. W comm-devlplanningToms & Flandools\Zoning€'emut Applicalioiadoc Planning Division 51 Whiburn Way, Ashland, OR 97520 I� 541-488-5305 Street Address: 1301138 Clear Creels Description of Project: Building two attached wall mixed use buildings Applicant: Gil Property Owner, Gil Lirmi Valuation Estimate Prepared by: Magnolia Fine Homes LLC Commercial Site Review Valuation Estimate Estimator Phone: 510-913-5110 Estimator Email: Magnoliafinehomes@gmail.com_ DESCRIPTION: VALUATION: T. 1p, Excavation & Earthwork $ S, oo 0 Landscaping $ �� r4O 0 Parking Area(s) & Driveways $ ;�o w o Sidewalks/Patios/Walkways $ -J'60" New Construction -- Materials & Labor Total" $ 6 ZrI Ov o TOTAL PROJECT VALUATION: $ 6 y qi 3 0 o 'Building permit valuations shall be based upon the Uniform Fee methodologies as established by OAR 918-050-0100. 130 & 138 Clear Creek Drive Magnolia Fine Homes, LLC Site Design Review for new mixed use commercial buildings Site Design Review Approval for two new mixed-use commercial buildings Property Owner: Subject Pro ert Address: Map & Tax Lot: Comprehensive Plan Designation: Zoning: Overlays: Magnolia Fine Homes Gil Livni 441 Talent Avenue, Unit 60 Talent, OR 97540 130 and 138 Clear Creek Drive 39 1E 09 BA; 1.4702 & 14703 Employment E-1 Detail Site Review zone Residential Overlay Request: Request for Site Design Review for two, attached wall, mixed use commercial buildings. The proposed buildings are each proposed to be three-story, mixed use, commercial, and residential condominium structures. Property Description: The subject properties are Lots 1 and 2 of the Spur Rail Subdivision. The Spur Rail Subdivision is a seven - lot subdivision that was approved by the City of Ashland in 2005 (PA2005-01833). The Spur Rail Subdivision received final plat approval in February 2008. The subject properties are to the south of Clear Creek Drive. Lots 1 and 2 are on the west side of the subdivision. There is a public alley to the east of Lot 6 which leads to the shared parking area for the Spur Rail Subdivision along the south side of the subdivision. The majority of the parking for the subdivision, 12 parking spaces are to the west of Lot 1. There are six (6) additional parking spaces to the south of Lots 3 and 4. LEER 0.56 nc P/ 47' 3 "14' SO(� 04 c. , 4.04 2 Epp �S,o u� a bi muexox nxrn � z�erB CS �1 CS 16528 az{° PgCI"C rcu zo i -is scot CREEK Page I of 11 Lots 3, 4, 5 and 6 within the subdivision are developed with three story, mixed used commercial structures. The properties to the north, across Clear Creek Drive are developed as mixed-use commercial buildings and commercial / manufacturing developments. The properties to the east, across the public alley are developed as mixed-use commercial development. To the south of the are the railroad tracks. The subject property and the immediately adjacent properties are zoned Employment with the Residential Overlay. There is an area of Clear Creek Drive to the west of the Spur Rail Subdivision that is zoned Employment without Residential Overlay. Clear Creek Drive is classified as a neighborhood street. It has a 60 -foot wide right-of-way (ROW). Clear Creek Drive has varying widths of improvements of curb, gutter, sidewalk, travel lanes, and a parking bay There is a ten -foot Public Utility Easement (PUE) along the Clear Creek Drive ROW. Within the parking area there are 18 parking spaces within the parking area for the Spur Rail Subdivision. According to the CC & R's for the Subdivision, each of the six lots are allocated 4.17 parking spaces. There are three spaces access from the public alley along the east side of the subdivision. Adjacent to the frontage on Clear Creek Drive, there are six parking spaces. There are no significant natural features on the property. Detailed Proposal: The proposal is for two, attached wall, mixed use commercial buildings on Lots 1 and 2 of the Spur Rail Subdivision. The buildings are mirrored floor plans and exterior elevations. Each half of the building is proposed as a 3,230 -square foot, three-story mixed-use structure built with zero lot line between the structures. The ground floor of each side of the building is proposed to have 1,207 square feet of area. Of this, 787 - square feet of ground floor commercial space. The remaining 420 -square feet of the ground floor is proposed as the garage area, foyer, and elevator for residential use. The second and third stories are proposed as 2,325 -square foot residential units. The second story of each unit is 1,022 square feet and 983 square feet on the third floor. The ground floor commercial units front on Clear Creek Drive and have access directly to the public sidewalk. The building setback along the front property line will be treated as a pedestrian plaza area with hardscape, benches, and the covered bicycle parking. The residential units are accessed in the rear of the building. Page 2 of 11 The two buildings are designed to appear as one continuous fagade. A four -foot brick veneer is proposed at the base of the building that wraps the building. The primary exterior fagade treatment is a combination of horizontal and vertical siding. The narrow lots limit the number of offsets and jogs in the fagade of the building. But the proposed design provides emphasis to the entrances. This is through the incorporation of a vertical wood treatment, five-foot wide awnings, lighting, prominent windows and entry door with transom window above. Both entrances are designed in a manner to provide clear, visible, and functional entrances with direct access to the public sidewalk. Access and Site Circulation: The proposed vehicular access to the property is from Clear Creek Drive and the public alley to the east of the subdivision. A driveway from the alley through to the parking area provides the parking area for the development. There are three additional parking spaces, one of which is an ADA accessible space in the parking area. Parking: The ground floor commercial space requires 1.6 parking spaces for each unit for a total of 3.1 parking spaces for general office uses. The two-bedroom residential units each require 1.75 parking spaces for a total of 3.5 spaces for residential use. Based on the proposed building square footage and the uses proposed, there are 6.6 spaces required for the proposed development. Each building has a single vehicle garage which accounts for two parking spaces. According to the modified CC & Rs of the Subdivision (attached), there are 4.17 parking spaces allocated to each lot for a total of 8.34 parking spaces. The proposed structures each require 3.35 parking spaces with 6.7 (7) parking spaces which is less than the 8.34 parking spaces allocated for the property within the subdivision documents. The proposed development requires eight bicycle parking spaces. Of those, all are covered. The residential bicycle parking is located within the garage. The bicycle parking for the commercial uses are in front of the building. The bike parking is closer to the entrances as the nearest on-site vehicle parking spaces and can be found between the building adjacent to the street. The existing parking lot layout, design and construction generally complies with the standards from AMC 18.4.3.080.6. Trees and Landscaping: There are three existing street trees in the park row that will be retained. The proposed landscape plan uses a variety of deciduous shade trees, shrubs, and ground covers within the bioswale/storm water detention treatment facility. Using water conserving landscape and irrigation design, the proposed landscape plan and the future irrigation plan can demonstrate compliance with the standards. Page 3 of 11 Findings of Fact Criteria from the Ashland Land Use Ordinance Site Development Design Standards Approval Criteria: 18.5.2.050 Approval Criteria An application for Site Design Review shall be approved if the proposal meets the criteria in subsections A, B, C, and D below. A. Underlying Zone. The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. Finding: The proposal complies the standards from 18.2. The property is zoned Employment (E-1) with a Residential overlay. The proposed uses of the site as commercial is a permitted use, and the residential portions are a special permitted use. The proposed structures are within the pad lots that were approved as part of the Spur Rail Subdivision. The proposed front setback provides adequate clearance for necessary easements, and pedestrian access. There are four residential units within the subdivision. Two additional dwellings are proposed with this application. The subdivision requires a minimum floor area of 2,860 square feet per proposed building. The proposed buildings are each 3,230 square feet in area, which complies with the minimum required FAR prescribed to each lot from the CC & Rs of the Spur Rail Subdivision. The landscape areas are provided directly for the subject property within the shared stormwater bio- swale area. Other permeable areas are proposed throughout the subdivision account for the required 15 percent landscape areas. The proposed buildings are oriented to Clear Creek Drive street with a pedestrian well defined entrance into each ground floor tenant space. The structure has a materially different base that is four feet tall and is clad with a brick veneer to ground the structure. The proposed structure has a single gable with a prominent south roof face. This allows for maximum solar gain. The proposed buildings are less than the maximum 40 foot height limit. Each unit has a front deck on the Clear Creek Drive, north side of the structure. Page 4 of 11 18.2.3.130 Dwelling in Non -Residential Zone A. Dwellings in the E-1 zone are limited to the R -overlay zone. See chapter 18.3.13 Residential Overlay. Finding: ding: There is an R -overlay on the property. B. Dwellings in the E-1 and C-1 zones shall meet all of the following standards: 1. If there is one building on a site, ground floor residential uses shall occupy not more than 35 percent of the gross floor area of the ground floor. Where more than one building is located on a site, not more than 50 percent of the total lot area shall be designated for residential uses. Finding.: There are two, mixed use commercial buildings proposed on two separate lots. The ground floor of each building on the site is 1,304 — square feet. The ground floor commercial space is 994 - square feet in area this accounts for 76.2 percent. The remaining 3.10 square feet area is for the residential garage. It is less than the maximum allowed of 35 percent of the gross floor area. 2. Residential densities shall not exceed 15 dwelling units per acre in the E-1 zone, 30 dwelling units per acre in the C -I zone, and 60 dwelling units per acre in the C -1-D zone. For the purpose of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. Finding: The proposal has two residential dwelling units which is less than the allowed subdivision density. 3. Residential uses shall be subject to the sante setback, landscaping, and design standards as for permitted uses in the underlying zone. Finding: The setbacks, landscaping and design standards that have been applied to the residences are the some as those of the underlying E-1 zone. 4. Off-street parking is not required for residential uses in the C -1-D zone. Finding: The property is in the E-1 zone and parking is required. Page 5 of 11 5. Where the number of residential units exceeds ten, at least ten percent of the residential units shall be affordable for moderate -income persons in accord with the standards of section 18.2.5.050. The number of units required to be affordable shall be rounded down to the nearest whole unit. Finding: Two residential units are proposed. The proposal does not require the dedication of an affordable unit. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3). Finding: The property is subject to Basic and Detail Site Design Review. The property also has a residential overlay. The proposal complies with the standards for the overlay zones. C. Site Development and Design Standards. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. 18.4.2.040 Non -Residential Development Finding: The proposed development of the Employment zoned land with a mixed-use commercial structure will have a positive impact upon the Clear Creek Drive streetscape. The buildings are proposed to have a minimal front setback area. The front setback is necessary due to an existing public utility easement. This area provides for pedestrian entrance to the building and access to bicycle parking area. A two story, residential condominium is proposed above the commercial ground floor of each building. Each residence is accessed via a rear entrance leading into the ground floor foyer. The rear loaded garage is for residential use. B. Basic Site Review Standards. 1. Orientation and Scale. Finding: The proposed buildings are oriented towards the public street. The proposed buildings contribute to the development of the south side of the Clear Creek Drive with mixed use commercial buildings. The proposed buildings occupy the entire frontage of their individual pad lots. Gaps for the use of stormwater detention facilities created with the original subdivision layout. No modifications are proposed to these pre -determined gaps. The building entrances are located within 20 feet of the street right-of-way. The entrances are clearly visible, an eight foot door with transom window, lighting, pedestrian covering and material changes all provide emphasis to the entrances. Page 6 of 11 Public sidewalk and landscape parkrow exist along a portion of the frontage. This complied with the standards for Clear Creek Drive at the time of the subdivision development. Surface treatments between the property and the sidewalk provides access to each business entrance from the public sidewalk. 2. Streetscape. Finding: There are three street trees within the parkrow for Clear Creek Drive that was developed as part of the Spur Rail Subdivision. The health of the trees has not been assessed. They will be replaced if necessary. 3. Landscaping. Finding: The existing landscape areas comply with the minimum standards and slightly more than 15 percent of the site has been provided as landscape area. A common recycle and refuse area is on the site. 4. Designated Creek Protection. Finding: Not applicable 5. Noise and Glare. Finding: All artificial lighting will comply with the standards of 18.4.4.050. There are no residential zones in the vicinity of the project site. 6. Expansion of Existing Sites and Buildings. Finding: Not applicable C. Detailed Site Review Standards. Finding.: The subject property is within the Detailed Site Review Standards Overlay. 1. Orientation. and Scale. Floor Area Ratio (FAR) of 0.50. Page 7 of 11 Finding: The proposed Floor Area Ratio exceeds .50. The proposed structures are 3,230 square feet which is more than the required .50 FAR of the total Spur Rail Subdivision area required for each parcel at 2,860 square feet. The infill buildings are adjacent to the public sidewalk. The walls within 30 feet of the public street have more than 20 percent of the wall area as windows and doorways. No blank walls are proposed. The proposed buildings have changes in mass, surfacing and the exterior finish materials to emphasize the entrances. The building includes awnings/ marquees are proposed to provide protection for pedestrians from rain and sun. 2. Streetscape. Finding: Colored and scored concrete are proposed to designate people areas from the sidewalks. The doors to the business spaces are functional and have emphasis to provide clear evidence of the entrance. The bicycle parking is located in the front of the building providing more emphasis on the front facade. 3. Buffering and Screening. Finding: There are no incompatible uses on adjacent lots. All the surrounding properties are Employment Zoned and generally all have commercial uses (or are developable as commercial). 4. Building Materials. Finding: More than 15 percent of the exterior walls have substantial changes in relief. There is a substantial base, fenestration, changes in material such as brick, horizontal and vertical siding, metal and wood material, aluminum storefront style windows and doors. No bright or neon paint colors are proposed the majority of the building is not glass. 18.4.3 Parking Access and Circulation: Finding: Page 8of 11 The ground floor commercial space requires 1.6 parking spaces for each unit far a total of 3.2 parking spaces. The two-bedroom residential units each require 1.75 parking spaces for a total of 3.5 spaces for residential use. Based on the proposed building square footage and the uses proposed, there are 6.7 spaces required for the proposed development. Each building has a single vehicle garage which accounts for two parking spaces. The remaining 4.8 parking spaces are provided for in the common parking areas, and the use of on -street parking credits. The other commercial uses require 7.4 parking spaces, and the four other residences_ require seven (7) parking spaces for a total of 14.4 spaces. The proposed buildings require a total of 6.7 spaces for a total of 21.1 parking spaces for the subdivision when all ground floor commercial use is office space. There are 18 surface parking spaces within the subdivision. Each building contains two parking spaces for a total of 24 parking spaces on-site. There are three parking spaces adjacent to the alley, and six parallel parking spaces on Clear Creek Drive along the frontage of the Spur Rail Subdivision. According to the modified CC & R's of the Subdivision (attached), there are 4.17 parking spaces allocated to each lot for a total of 8.34 parking spaces. The proposed structures each require 3.6 parking spaces with 6.7 parking spaces which is less than the 8.34 parking spaces allocated within the subdivision. The proposed development requires eight bicycle parking spaces. Of those, all are covered. The residential bicycle parking is located within the garage. The bicycle parking for the commercial uses are in front of the building. The bike parking is closer to the entrances as the nearest on- site vehicle parking spaces and can be found between the building adjacent to the street. The existing parking lot layout, design and construction generally complies with the standards from AMC 18.4.3,080. B. 18.4.3.080 Vehicle Area Design A. Parking Location Finding: The existing subdivision parking areas are located to the side and rear of the proposed building. B. Parking Area Design. Finding: A single vehicle garage is proposed at the rear of each building. The other required parking spaces are provided within the parking area that was installed as part of the Spur Rail Subdivision infrastructure. Page 9 of 11 The parking area has been designed to minimize the adverse environmental impacts. The parking lot is designed to capture and treat surface run-off through a landscape Swale. The parking lot design was approved and installed prior to the most recent code changes. No changes to the installed parking area are proposed. 18.4.7 Signs. Finding: The signs for the individual businesses will comply with the sign code standards for sign area based upon business frontage with the sign sizes varying based on the tenant needs. 18.4.8 Solar Access. Finding: The proposed development has a 60 -foot -wide right-of-way for Clear Creek Drive to the north. The proposed structures comply with the solar setback as the rights-of-way are allowed to be shadowed by development. D. City Facilities. The proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, and adequate transportation can and will be provided to the subject property. Finding: Adequate city facilities exist to service the proposed developments. The parcels are buildable pad lots within an approved subdivision. The utilities have been stubbed out to the pad lots. All utilities exist in the vicinity to service the parcel. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or Finding: None Page 10 of 11 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. Attachments: 1) Plans Set Page 11 of 11 x w 0 z ;- w LU sa 0ZSL6 a0 `Pue145tJ aAII(3 NOW:) J120109£ 6!©£ aF VIIONJVW ? Q OZgL6 210 `PUely$t/ antra )jOOJ3 IC013 8£610£6 VIIONDVW N7 6 uS ea 6 6g ® u HIRE�a 4 J 6 ��hg�1% ®g$m ���SZg 63 6 � ee'90.' Ri e8e gt� �^% N7 OZBL6 No `PuLIgsv o anlaCJ MGOJO Je013 8E41UE6 w z N o VIIONOVW C @ Ul H, & € N g i I u I IF ~ I I 7 E I m I I l i l I I 1 I _ I I I I O O O O a� a i I u I IF ~ I I 7 E I m I I l i l I I 1 I _ I I I I OZSL6 230 `AueILlSV o *� = GAIJp M38JO JUOJO 8£610£6 ° z o F� d1IONDVW a 2g HIP PMP U i � N Y Y � E i Q i L: � k 1 I I f I 3 3 i r+7 E i 3 S E 3 I i rq • 1?CK D7! 1 t I_L__ ___ I I i I I i 3 ----- - ! "I I ,Il Ills — I I i Y I ' E I I ¢Eq I I I 94 € € € I I I I I I I I I •� a. I I 000�®®no®no�00000 I E ��Q u 3Va d a� Oz5c6 a0 'pulus1/ S o o to aniJ13 MaaJC) J'aala 8£414£4 2 F d-IoNodwk �- 000�®®no®no�00000 I E ��Q u 3Va d E Ona 210 puLIgsv iz P BAIJO310EIA3JE0138EL16£L 0 00 Nuj o o uh aM VIION!Ddw a w Q x Lu x I g Bm �� or�onr�rrrraararsr�r�n1�1�1� 3N1`i ua�dorid ------ N — — —--------- o-----------_---_--_ 3 3 Q o -------------T---------- Oil 3N-I1013d021d e _ ,MOM ` N €FF OZ9L6 HO `puBf4SV anlJp 710810 Je810 S£L!O£L V11ON9VW �r�n ua�aoaa --- 3N17.1.A23dOUd----- o- �Ni� i.�a3aoad w2 O0 LLJ LuLU co N Q 3NI`I.1 1402Nd a--------------- o--- ---- o------------------- >IOV913S — 3NIl A1LI3dOk�d— — s® 3 ONL6 MO `PUUMSV S s$ o aniap mawo aealo SE 410£4 g s o o d' b'I�ONJ`dW � a Q � � �� 3NI`I.1 1402Nd a--------------- o--- ---- o------------------- >IOV913S — 3NIl A1LI3dOk�d— — s® 3 �a Ozs;LB 2!O `puel4sv anup 3100JO IL -010 S �P 8£ L10£ VIION!DVW m a 0 -------------- 0 ------------------- a---------- o I I ox91s'dO `Pul2lgsa aniaa i{aa.�a asaio g£6!0£4 � m �TVAkiC01►Rny I►► Z� N n� M ill n7 0 l< o--_-_.--_-----__--__ a------------------- a------------------- ME 0 hH OZ9L6 230 `PURNSV $ w w s� and Q)IaaaQJeeio8£b!O£4 a dIorvodwylcv� Q hH a �t $o DZSL6 210 `pU7214SV o a r m ►�' w 8n1I0 318810 J72810 RE Llti£ L r E a h a rdl`10NJVW FF _Wl w U W U - w 33 q m 4 boo f g g d Q Q, 4� 4 1 I 1 I E o 1 I € h I I o f LL. 4 I E 3 1 3 I 3 3 I 7 f 3 { I . .......... ........... w ...... 1 f�..._.,..,._..,..,........7.._ �.................... — — — ' .�... .aa w.�w.v;w„nra?vw!n ' O db € I I fill I ct6l) E jjll�l�(k�jl�' II11 $��IIj it I I 5 vl , i II h 5t ] _ t 3 E. ilk`! 1 N ,'b5, ! f,flrrlplp"'ilEl't 'LJ2 _, s f —..__ i I I 1 i I { I I 1 1 I 1 1 1 1 I i 1 E 1 1 I 1 I E I I I } I E I I I I f I I E i E I I f C C� 6 � � �� OZ916 2#O `Pua14s`d - o a N „ aniJO 31aaJO Jeal O 8E LIOE 6 w U a ` w <� a .t F VIIONDVW g aLU w W r w ui 5 i 6 z g H99 a fill r> c Q Q S I 1 I 1 1 I I f I I I l I E f E E € E € 1 € E V ® ' LLI 1 p 1 I If f f II` �•3 ii �li �� ,;�i u..l!r._,. f I f i I I € 1 i I � i I i I j f tin I 1 f € I V I l f € I E 1 I f I f € I 1 I I 1 ! I 1 I I I f I I f I € ! I I f I € I I € I ski 4� C, { 1 I i 1 IPUB145t1 0z5t6 210 Hall 34��T o s� Qa eAIA(a*)JOWDws-aalo BEGIOE1 ° r s ° ul W V 101�[DVW m w LU ski 4� C, { 1 I i 1 1 E I 1 I I i I ski Hall 34��T I I 7 , I I 1 I 7 1 I 3 I I I 1 1 I I I I I 1 I € I i { I 1 f I D3 f 1 f ♦\t _-- r Ir k I I `. �i II ` tit c ��I _6. __,\0.r'a, e' I Is1 I �. ;� I o�II !f ¢ fff E I 1 - - — - - - - - - - - - { - _—___.................... f.....,.,,_ Ik - ` f 1 f I h i E I I I t I ( I I I 1 E f { ! �L• 4 I I 1 t 1 f I 1 1 3 I k I I I 3 I I I I I i I I I I I