HomeMy WebLinkAbout2020-12-08 Planning PACKET
ASHLAND PLANNING COMMISSION
REGULAR MEETING
December 8, 2020
AGENDA
I. CALL TO ORDER:
7:00 PM
II. ANNOUNCEMENTS
III. CONSENT AGENDA
A. Approval of Minutes
1. November 10, 2020 Regular Meeting
IV.PUBLIC FORUM
V. UNFINISHED BUSINESS
A. Approval of Findings for PA-T2-2020-00021, Otis Street (39 1E Map 05AD, Tax Lot #200)
VI.TYPE II PUBLIC HEARINGS
A. PLANNING ACTION: PA-T2-2020-00023
SUBJECT PROPERTY: 196 & 200 Clear Creek Drive
OWNER/APPLICANT: Rogue Planning & Development Services, LLC/Bryan & Stephanie Deboer
DESCRIPTION: A request for Site Design Review approval to allow the construction of an 11,220
square-foot, two-story mixed-use building for the properties at 196 and 200 Clear Creek Drive. The
proposed building would consist of 1,268 square feet of office space, 8,052 square feet of
warehouse space, and a single 1,584 square foot residential unit on the second floor. The
application also includes requests for a property line adjustment to allow the consolidation of the
two lots and a Variance/Major Modification of the New Addition subdivision approval (PA-2000-096)
Circulation Stan
access from Clear Creek Drive because alley access is available. COMPREHENSIVE PLAN
DESIGNATION: Employment; ZONING: E-1; MAP: 39 1E 09AB; TAX LOT #: 6604 & 6605
VII. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104
ADA Title 1).
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES - Draft
November 10, 2020
I. CALL TO ORDER:
Chair Haywood Norton called the meeting to order at 7:01 p.m.
Commissioners Present: Staff Present:
Michael Dawkins Bill Molnar, Community Development Director
Alan Harper Derek Severson, Senior Planner
Haywood Norton Dana Smith, Executive Assistant
Roger Pearce
Lynn Thompson
Absent Members: Council Liaison:
Kerry KenCairn Stef Seffinger, absent
II. ANNOUNCEMENTS
Community Development Director Bill Molnar explained the City Council would hear three items from the Planning
Division during their meeting on November 17, 2020. Two public hearings, the First Reading of amendments to the
Affordable Housing Standards and an annexation request for 1511 Hwy 99 North. The City Council would also hear
the Second Reading on amendments to the Open Space Standards. Chair Norton would give the annual Planning
Commission report to the City Council at their meeting on December 7, 2020.
III. CONSENT AGENDA
A. Approval of Minutes
1. October 13, 2020 Regular Meeting
2. October 27, 2020 Special Meeting
Commissioner Dawkins/Pearce m/s to approve the minutes of the meeting on October 13, 2020.Voice Vote:
all AYES. Motion passed.
Commissioner Pearce/Dawkins m/s to approve the minutes of the meeting on October 27, 2020.Commissioner
Harper abstained from the vote. He was not present for the meeting. Voice Vote: all AYES. Motion passed.
IV. PUBLIC FORUM - None
V. TYPE II PUBLIC HEARINGS
PLANNING ACTION: PA-T2-2020-00021
SUBJECT PROPERTY: Otis Street (39 1E Map 05AD, Tax Lot #200)
APPLICANT/OWNER: Taylored Elements Construction for CMK Development, LLC
AGENT: Rogue Planning & Development Services, LLC
DESCRIPTION: A request for Outline Plan and Site Design Review approvals for a 13-lot Performance
Standards Options subdivision and 12-unit Cottage Housing Development for the vacant property on
Otis Street (39 1E Map 05AD, Tax Lot #200) which is Lot #15 in the recently approved West Village
Subdivision. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5-P;
MAP: 39 1E 05 AD; TAX LOT: 200.
Chair Norton read the rules of the electronic public hearing.
Ashland Planning Commission
October 13, 2020
Page 1 of 3
Ex Parte Contact
Commissioner Dawkins declared no ex parte contact and one additional site visit. Commissioner Thompson, Harper,
Pearce and Chair Norton had no ex parte contact and no recent site visit.
Staff Report
Senior Planner Derek Severson provided a presentation (see attached) on the Cottages at West Village:
Proposal Lot Layout
Vicinity Map Utility & Drainage Plan
Aerial Photos Planting Plan
Southern Oregon Transportation Interior Units
Engineering Conclusions
Street-Facing Unit
Lot Photos
Solar Carport Examples
Lot 15
Mr. Severson explained the lot was in the original subdivision as a cottage housing development. Utilities were
planned at that time. Staff recommended approval with the conditions detailed in the staff report.
Questions of Staff
Commissioner Harper asked if the build out for Otis Street was complete. Mr. Severson said it was not.
Commissioner Harper wanted to know if the Commission could add a condition to complete the build out. Mr.
Severson had not added one with the assumption it would be built before plat. Adding the condition would ensure it
was built out. Commissioner Pearce confirmed that since this was a lot within a lot, plat conditions would apply. Mr.
Severson responded they would.
Amy Gunter/Rogue Development Services/
Ms. Gunter explained the lot was originally planned to be cottage
housing. They were making a modification to the final planning approval currently under review in the Planning
Division. There were overlapping subdivision actions happening in the area. They had the outline plan approval and
final plan approval for the whole subdivision, and the outline plan approval for the cottage housing piece. They would
come back for two different final plan approvals for the whole subdivision and the cottage housing development.
She provided a presentation (see attached):
Aerial photo of the area
Aerial photo depicting the cottage housing area
Outline Plan
Conceptual Utility Plan
Conceptual Landscaping Plan
Questions of the Applicant
Commissioner Harper asked why Lots 11 and 12 were located farther to the west from the other units. It created two
smaller green spaces instead of a large centralized area. Ms. Gunter explained they wanted to spread out the open
space so that everyone had a little more common yard area available. They had also contemplated attaching some
of the units. The space was a remnant from an earlier consideration of making some units duplexes.
Public Testimony
Craig Anderson/Ashland/OR/
Lived to the east of the cottages and noted the applicants were cooperative and
responsive to all the neighbors regarding their concerns. He supported the application. He went on to make
comments on the process used for annexation request on 1511 Hwy 99 North.
- None
Ashland Planning Commission
October 13, 2020
Page 2 of 3
Chair Norton closed the hearing and the record.
Deliberation and Decision
Commissioner Pearce/Harper m/s to approvePA-T2-2020-00021 with the conditions recommended
by staff and Commissioner Harper regarding Otis Street so the conditions in the subdivision applied
to this planning action. DISCUSSION:
Commissioner Pearce addressed Mr. Anderson
about the annexation process. He explained it was not a quasi-judicial decision. The Planning Commission
did not decide on the matter. The annexation was a legislative decision that would be made only by the City
Council. Chair Norton thought the cottage housing application was a good example of the applicant clearly
Roll Call Vote: Commissioner Thompson, Dawkins, Norton,
explaining the project to the neighbors.
Pearce and Harper. Motion passed.
VI. ADJOURNMENT
Meeting adjourned 7:40 p.m.
Submitted by,
Dana Smith, Executive Assistant
Ashland Planning Commission
October 13, 2020
Page 3 of 3
Spring Valley Pocket Neighborhood (Port Townsend, WA)
by Ross Chapin Architects
The Cottages at West Village
Planning Commission Hearing
November 10, 2020
Proposal
The Cottages at West Village
PA-T2-2020-00021:
ArequestforOutlinePlan
andSiteDesignReviewapprovalsfora13-lot
PerformanceStandardsOptionssubdivisionwith
a12-unitCottageHousingDevelopmentforthe
vacantpropertyonOtisStreet(391EMap05AD,
TaxLot#200)whichisLot15intherecently
approvedWestVillageSubdivision.
Vicinity Map
The Cottages at West Village
Aerial Photo
The Cottages at West Village
West Village Subdivision
The Cottages at West Village
August 2019
The Cottages at West Village
October 2020
The Cottages at West Village
The Cottages at West Village
Lot 15
Lot Layout
The Cottages at West Village
Utility & Drainage Plan
The Cottages at West Village
Planting Plan
The Cottages at West Village
Interior Units
The Cottages at West Village
Street-Facing Unit
The Cottages at West Village
Solar Carport examples
The Cottages at West Village
The Cottages at West Village
Planning Commission Hearing
November 10, 2020
End Pocket Neighborhood (White Salmon, WA)
by Ross Chapin Architects
THE
COTTAGES AT
WEST VILLAGE
COTTAGE LOT DEVELOPMENT
OUTLINE PLAN
CONCEPTUAL UTILITY PLAN
CONCEPTUAL LANDSCAPING PLAN
CONCLUSION
FINDINGS
_________________________________
PA-T2-2020-00021
Otis Street
(39 1E Map 05AD, Tax Lot #200)
BEFORE THE PLANNING COMMISSION
December 8, 2020
IN THE MATTER OF PLANNING ACTION #PA-T2-2020-00021, A REQUEST FOR )
OUTLINE PLAN SUBDIVISION AND SITE DESIGN REVIEW APPROVALS FOR A )
12-UNIT/13-LOT COTTAGE HOUSING DEVELOPMENT FOR THE VACANT TAX )
LOT #200 ON OTIS STREET WHICH IS LOT #15 IN THE RECENTLY APPROVED )
WEST VILLAGE SUBDIVISION. )
)
APPLICANT:
TAYLORED ELEMENTS CONSTRUCTION )
OWNER:
CMK DEVELOPMENT LLC )
)
--------------------------------------------------------------------------------------------------------------
RECITALS:
1) Tax lot #200 of Map 39 1E 05AD is the vacant Lot #15 in the recently approved West Village
Subdivision on Otis Street and is zoned Single Family Residential (R-1-5-P).
2) The applicant is requesting Outline Plan subdivision and Site Design Review approvals for a 12-
unit, 13-lot Cottage Housing Development. The proposal is outlined in plans on file at the Department
of Community Development.
AMC 18.3.9.040.A.3
3) The criteria for Outline Plan approval are described in as follows:
a. The development meets all applicable ordinance requirements of the City.
b. Adequate key City facilities can be provided including water, sewer, paved access to and through
the development, electricity, urban storm drainage, police and fire protection, and adequate
transportation; and that the development will not cause a City facility to operate beyond capacity.
c. The existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large
trees, rock outcroppings, etc., have been identified in the plan of the development and significant
features have been included in the open space, common areas, and unbuildable areas.
d. The development of the land will not prevent adjacent land from being developed for the uses
shown in the Comprehensive Plan.
e. There are adequate provisions for the maintenance of open space and common areas, if required
or provided, and that if developments are done in phases that the early phases have the same or
higher ratio of amenities as proposed in the entire project.
f. The proposed density meets the base and bonus density standards established under this chapter.
g. The development complies with the Street Standards.
AMC 18.5.2.050
4) The criteria for Site Design Review approval are detailed in as follows:
Underlying Zone:
A. 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,
PA-T2-2020-00021
December 8, 2020
Page 1
density and floor area, lot coverage, building height, building orientation, architecture, and other
applicable standards.
Overlay Zones:
B. The proposal complies with applicable overlay zone requirements (part 18.3).
Site Development and Design Standards:
C. The proposal complies with the applicable Site
Development and Design Standards of part 18.4, except as provided by subsection E, below.
City Facilities:
D. 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.
Exception to the Site Development and Design Standards.
E. 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.
AMC 18.2.3.090
5) The development standards for Cottage Housing Development are detailed in
as follows:
C. Development Standards.
Cottage housing developments shall meet all of the following
requirements.
Cottage Housing Density.
1. The permitted number of units and minimum lot areas shall
be as follows:
Table 18.2.3.090.C.1 Cottage Housing Development Density
Minimum Maximum Minimum lot
Maximum
number of number of size
Maximum Floor
cottages per cottages per (accommodates
Zones Cottage Area
cottage cottage minimum
Density Ratio
housing housing number of
(FAR)
development development cottages)
R-1-5,
1 cottage
NN-1-5
dwelling unit 3 12 7,500 sq.ft. 0.35
NM-R-1-5
per 2,500
PA-T2-2020-00021
December 8, 2020
Page 2
square feet of
lot area
1 cottage
dwelling unit
R-1-7.5
per 3,750 3 12 11,250 sq.ft. 0.35
NM-R-1-7.5
square feet of
lot area
2. Building and Site Design.
Maximum Floor Area Ratio:
a. The combined gross floor area of all cottages and
garages shall not exceed a 0.35 floor area ratio (FAR). Structures such as parking
carports, green houses, and common accessory structures are exempt from the
maximum floor area calculation.
Maximum Floor Area.
b. The maximum gross habitable floor area for 75 percent or
more of the cottages, within developments of four units or greater, shall be 800
square feet or less per unit. At least two of the cottages within three unit cottage
housing developments shall have a gross habitable floor area of 800 square feet
or less. The gross habitable floor area for any individual cottage unit shall not
exceed 1000 square feet.
Height.
c. Building height of all structures shall not exceed 18 feet. The ridge of a
pitched roof may extend up to 25 feet above grade.
Lot Coverage.
d. Lot coverage shall meet the requirements of the underlying zone
outlined in Table 18.2.5.030.A.
Building Separation.
e. A cottage development may include two-unit attached, as
well as detached, cottages. With the exception of attached units, a minimum
separation of six feet measured from the nearest point of the exterior walls is
required between cottage housing units. Accessory buildings (e.g., carport,
garage, shed, multipurpose room) shall comply with building code requirements
for separation from non-residential structures.
Fences.
f. Notwithstanding the provisions of section 18.4.4.060, fence height is
limited to four feet on interior areas adjacent to open space except as allowed for
deer fencing in subsection 18.4.4.060.B.6. Fences in the front and side yards
abutting a public street, and on the perimeter of the development shall meet the
fence standards of section 18.4.4.060.
3.Access, Circulation, and Off-Street Parking Requirements. Notwithstanding the
provisions of chapter 18.3.9 Performance Standards Option and 18.4 Site
Development and Site Design Standards, cottage housing developments are
subject to the following requirements:
PA-T2-2020-00021
December 8, 2020
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Public Street Dedications.
a.Except for those street connections identified on the
Street Dedication Map, the Commission may reduce or waive the requirement to
dedicate and construct a public street as required in 18.4.6.040 upon finding that
the cottage housing development meets connectivity and block length standards
by providing public access for pedestrians and bicyclists with an alley, shared
street, or multi-use path connecting the public street to adjoining properties.
Driveways and parking areas.
b. Driveway and parking areas shall meet the
vehicle area design standards of section 18.4.3.
i. Parking shall meet the minimum parking ratios per 18.4.3.040.
ii. Parking shall be consolidated to minimize the number of parking areas,
and shall be located on the cottage housing development property.
iii. Off-street parking can be located within an accessory structure such as a
multi-auto carport or garage, but such multi-auto structures shall not be
attached to individual cottages. Single-car garages and carports may be
attached to individual cottages. Uncovered parking is also permitted
provided that off street parking is screened in accordance with the
applicable landscape and screening standards of chapter 18.4.4.
4. Open Space. Open space shall meet all of the following standards.
a. A minimum of 20 percent of the total lot area is required as open space.
b. Open space(s) shall have no dimension that is less than 20 feet unless otherwise
granted an exception by the hearing authority. Connections between separated
open spaces, not meeting this dimensional requirement, shall not contribute
toward meeting the minimum open space area.
c. Shall consist of a central space, or series of interconnected spaces.
d. Physically constrained areas such as wetlands or steep slopes cannot be counted
towards the open space requirement.
e. At least 50 percent of the cottage units shall abut an open space.
f. The open space shall be distinguished from the private outdoor areas with a
walkway, fencing, landscaping, berm, or similar method to provide a visual
boundary around the perimeter of the common area.
PA-T2-2020-00021
December 8, 2020
Page 4
g. Parking areas and driveways do not qualify as open space.
Figure 18.2.3.090 Cottage Housing Conceptual Site Plans
5. Private Outdoor Area. Each residential unit in a cottage housing development shall
have a private outdoor area. Private outdoor areas shall be separate from the open
space to create a sense of separate ownership.
a. Each cottage unit shall be provided with a minimum of 200 square feet of usable
private outdoor area. Private outdoor areas may include gardening areas, patios,
or porches.
b. No dimension of the private outdoor area shall be less than 8 feet.
6. Common Buildings, Existing Nonconforming Structures and Accessory Residential
Units.
Common Buildings.
a. Up to 25 percent of the required common open space, but
no greater than 1,500 square feet, may be utilized as a community building for the
sole use of the cottage housing residents. Common buildings shall not be
attached to cottages.
Carports and garage structures.
b. Consolidated carports or garage structures,
provided per 18.2.3.090.C.3.b, are not subject to the area limitations for common
buildings.
Nonconforming Dwelling Units.
c. An existing single-family residential structure
built prior to the effective date of this ordinance (date), which may be
nonconforming with respect to the standards of this chapter, shall be permitted to
remain. Existing nonconforming dwelling units shall be included in the maximum
permitted cottage density. 1,000 square feet of the habitable floor area of such
nonconforming dwellings shall be included in the maximum floor area permitted
PA-T2-2020-00021
December 8, 2020
Page 5
per 18.2.3.090C.2.a. Existing garages, other existing non-habitable floor area,
feet shall not be included in the maximum floor area ratio.
Accessory Residential Units.
d. New accessory residential units (ARUs) are not
permitted in cottage housing developments, except that an existing ARU that is
accessory to an existing nonconforming single-family structure may be counted
as a cottage unit if the property is developed subject to the provisions of this
chapter.
7. Storm Water and Low-Impact Development.
a. Developments shall include open space and landscaped features as a component
filtration and on-site infiltration of storm water.
b. Low impact development techniques for storm water management shall be used
wherever possible. Such techniques may include the use of porous solid surfaces
in parking areas and walkways, directing roof drains and parking lot runoff to
landscape beds, green or living roofs, and rain barrels.
c. Cottages shall be located to maximize the infiltration of storm water run-off. In
this zone, cottages shall be grouped and parking areas shall be located to
preserve as much contiguous, permanently undeveloped open space and native
vegetation as reasonably possible when considering all standards in this chapter.
8. Restrictions.
a. The size of a cottage dwelling may not be increased beyond the maximum floor
area in subsection 18.2.3.090.C.2.a. A deed restriction shall be placed on the
property notifying future property owners of the size restriction.
6)
On April 15, 2020 Governor Kate Brown issued Executive Order #20-16
Working: Ordering Necessary Measures to Ensure Safe Public Meetings and Continued Operations by
Local Government During Coronavirus (COVID-
public bodies hold public meetings by telephone, video, or through some other electronic or virtual
means, whenever possible; that the public body make available a method by which the public can listen
to or virtually attend the public meeting or hearing at the time it occurs; that the public body does not
have to provide a physical space for the public to attend the meeting or hearing; that requirements that
oral public testimony be taken during hearings be suspended, and that public bodies instead provide a
means for submitting written testimony by e-mail or other electronic methods that the public body can
consider in a timely manner. The subsequently adopted House Bill #4212 further authorized governing
bodies in Oregon to conduct all public meetings using telephone or video conferencing technology or
through other electronic or virtual means.
PA-T2-2020-00021
December 8, 2020
Page 6
7) The Planning Commission, following proper public notice, held an electronic public hearing on
November 10, 2020. In keeping with Executive Order #20-16 and subsequent House Bill #4212, this
meeting was broadcast live on local television channel 9 and on Charter Communications channels 180
& 181, and was live-streamed over the internet on RVTV Prime at http://www.rvtv.sou.edu. A copy of
the application, including all documents, evidence and applicable criteria relied upon by the applicant,
and a copy of the staff report were made available on-line seven days prior to the hearing. Those wishing
to provide written testimony were able to submit it via e-mail in advance of the hearing, as detailed the
mailed and posted notices, and all written testimony received by the deadlines was made available for
Commissioners to review before the hearing and was included in the meeting minutes. In addition,
those wishing to participate during the hearing could arrange to provide oral testimony by making
arrangements to do so in advance of the meeting. Following the closing of the public hearing and the
record, the Planning Commission considered the materials received and testimony presented and approved
the application subject to conditions pertaining to the appropriate development of the site.
Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as
follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony
will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. FINDINGS & CONCLUSIONS
2.1 The Planning Commission finds that it has received all information necessary to make a decision
based on the application materials, staff report, public testimony and exhibits received.
2.2 The Planning Commission finds that the proposal for Outline Plan approval, Site Design Review
approval, and Cottage Housing Development meets all applicable criteria for Outline Plan approval
described in AMC 18.3.9.040.A.3; for Site Design Review described in AMC 18.5.2.050; and for a Cottage
Housing Development described in AMC 18.2.3.090.
2.3 The Planning Commission concludes that the proposal satisfies all applicable criteria for Outline
Plan approval.
PA-T2-2020-00021
December 8, 2020
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The first approval criterion for Outline Plan approval is that,
ordinance requirements of the CityCommission finds that the proposal meets all applicable
ordinance requirements, is requesting no Variances or Exceptions, and that this criterion has been
satisfied.
Adequate key City facilities can be
provided including water, sewer, paved access to and through the development, electricity, urban
storm drainage, police and fire protection, and adequate transportation; and that the development
The Planning Commission notes that the application materials assert that adequate key City facilities
can be provided to serve the development, are being installed to current code standards as part of the
West Village Subdivision infrastructure, and that based on consultations with representatives of the
various City departments (i.e. water, sewer, streets and electric) the proposed small cottage housing units
will not cause any of these new public facilities to operate beyond capacity. Specific utilities are further
addressed in the application as follows:
Water, Sewer, Electricity and Urban Storm Drainage
Water
There is a new, eight-inch water main in Otis Street, and a hydrant is available across Otis Street
approximately 60 feet southwest of the subject parcel. The applicant further notes that there is
substantial water pressure, and that pressure reduction valves will be required. This will provide
adequate water service for the new cottage units.
Sanitary Sewer
The application explains that approved civil plans include an eight-inch
sanitary sewer line which is to be installed within the right-of-way for Otis Street. This will
serve the two cottages fronting on Otis Street. A new private eight-inch sewer line is proposed
along the east property line. This new private sewer line will connect to a new eight-inch public
sanitary sewer line in Randy Street, and will serve the remaining proposed cottages.
Electricity
The application indicates that electrical infrastructure is being extended as part of the West
Village Subdivision infrastructure, and will be installed with available capacity to service the
proposed cottages. A bank of meters is proposed on the carports to facilitate solar panel
installation with net metering options.
Urban Storm Drainage
The application notes that there are 12-inch storm sewer line within the Otis Street right-of-way
and along the east property line of the subject property here. The applicant explains that the
Housing Development Standards as well as under the Rogue Valley Sewer Services (RVSS)
Standards for Storm Water Management, and the low impact development measures proposed
PA-T2-2020-00021
December 8, 2020
Page 8
include rain garden swales and rain-barrel catchment of roof drainage to reduce the amount of
storm water generated from the cottage development.
Police & Fire Protection
An existing fire hydrant is in place across Otis Street, approximately 60 feet southwest of the
subject property. As is typical, the Fire Marshal will review the final civil drawings and building
permit submittals for compliance with fire codes relative to water supply and fire apparatus
access, and conditions have been included below to require that the applicants address the
requirements of the Fire Department including but not limited to approved addressing, fire
apparatus access, fire hydrant distance and fire flow, as part of the Final Plan application
submittal.
Adequate Transportation
Otis Street is a residential neighborhood street, as are nearby Randy and Vansant Streets. The
streets within the subdivision are being improved to city street standards as part of the
The Planning Commission finds that the driveway
proposed to be 20-feet in width and provides adequate circulation for vehicles to back-up, turn-
around and exist to the street in a forward manner, and includes a five-foot-wide a walkway
along north side connecting from Otis Street to provide internal pedestrian
circulation to each unit and to the proposed open space. The scale of the proposed cottage
development does not trigger a Traffic Impact Analysis or other transportation assessment by
itself, however a traffic analysis recently completed by Southern Oregon Transportation
Engineering, LLC for the subdivision as a whole concluded that the streets and intersections
serving the subject property would accommodate projected peak hour traffic from the
subdivision without degrading the performance of existing or planned facilities to the degree that
The application includes preliminary utility and grading plans prepared by Registered Professional
Engineer Anthony M. Bakke of Construction Engineering Consultants, Inc., who also prepared the
civil drawings for the recent West Village Subdivision. These plans identify facilities available in
the adjacent right-of-way along with proposed connections; meter placement; and storm water
control, detention and treatment systems.
will be extended to and through the subject property from public utility easements and street right-
of-way adjacent to the site, and that based on the conceptual plans and details from the various
service providers, adequate key city facilities are available within the adjacent rights-of-way and will
be extended by the applicant to serve the proposed development. Conditions have been included
below to require that final electric service, utility and civil plans be provided for the review and
approval of the Staff Advisor and city departments in conjunction with the Final Plan submittal, and
that civil infrastructure be installed by the applicants, inspected and approved prior to the signature
of the final survey plat.
PA-T2-2020-00021
December 8, 2020
Page 9
The existing and natural features of the
land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been
identified in the plan of the development and significant features have been included in the open
space, common arThe Planning Commission finds that the existing
property is a vacant lot within the recently approved West Village Subdivision, and does not contain
any significant natural features. The application explains that the property is not natural in a natural
state in terms of having undeveloped areas with significant natural features as the site has been used
as a hay field and has long-accommodated animal grazing, and has little remaining native vegetation.
Wetlands were considered with the broader subdivision application, and a delineation prepared at
that time found a small (0.006 acre) wetland along the south boundary of the parent parcel, but no
wetlands on the subject property (Lot 15) under consideration here.
The fourth criterion for approval of an Outline Plan is that,
The Planning
Commission finds that the development will not prevent adjacent land from being developed with the
uses envisioned by the Comprehensive Plan. Adjacent properties to the north, south and west are
developed
Subdivision with single family residences as envisioned in the Comprehensive Plan.
The fifth approval criterion is that,
and common areas, if required or provided, and that if developments are done in phases that the early
phases have the same or higher ratio of amenities as proposed in the entire project The Planning
Commission finds that at the time the Final Plan application is submitted,
documents and surveyor will be
provided for review and approval by the City. These documents will address the maintenance of the
open space and common area. The Commission further finds that if the project is completed
in phases, the open space shall be completed no later than
details be included with the final plan submittal have been included
below. Based on the foregoing, the Commission concludes that the proposal complies with the fifth
approval criterion.
The proposed density meets the base and bonus density standards established
under this chapter
permissible number of cottages for a cottage housing development in the R-1-5 zoning district providing
that one cottage per 2,500 square feet of lot area is allowed, with a maximum number of 12 cottages.
The Planning Commission finds that the 37,541 square foot property here will accommodate 12 cottages
(37,541/2,500 = 15.02) and 12 are proposed which complies with the allowed Cottage Housing
Development Density. Based on the foregoing, the Commission concludes that the proposal complies
with the sixth approval criterion.
The development complies with the Street Standards.
The proposed development will be is accessed via a driveway that extends from a new section of Otis
Street which is being developed as part of the West Village Subdivision infrastructure in keeping with
PA-T2-2020-00021
December 8, 2020
Page 10
the city street standards and which will include paved travel lanes, curbs, gutters, park row planting
strips and sidewalks.
The Cottage Housing Development Standards (AMC 18.2.3.090.C.3.a) generally provide that except for
street connections identified on the Transportatio-1),
the Planning Commission may reduce or waive requirement to dedicate and construct a public street
according to the Street Design Standards in AMC 18.4.6.040 upon a finding that the Cottage Housing
Development meets connectivity and block length standards by providing public access for pedestrians
and bicyclists with an alley, shared street, or multi-use path connecting the public street to adjoining
properties. Here, the Commission finds that there are no streets shown through the subject property on
the -1). The Commission further
finds that the West Village Subdivision street system, as recently approved, complies with connectivity
and block length standards. There is a 386.25-foot block length on Randy Street between the Otis Street
and Randy Street intersection, east to the Randy Street and Elizabeth Street intersection. The Elizabeth
Street block length is 316.6 feet. From the Elizabeth Street intersection with Otis Street, west on Otis
Street, the block length is 313 feet. North on Otis Street to and through the property frontage back to
the Otis Street and Randy Street intersection is 317 feet. Each of these block lengths is less than the
maximum 400-foot block length standard, and the total block perimeter is 1,332.85 feet. The Planning
Commission finds that the existing street system complies with the block length and perimeter standards
found in AMC 18.4.6.040.E.9.a. The Planning Commission finds that the subject property has 102.44-
feet of frontage along the new section of Otis Street, and that a walkway is to be extended from the
public street into the property along the north side of the driveway. This pathway is not proposed as a
public walkway system but is available for the use of the residents of the proposed cottage housing
development and their guests. The Commission further finds that the established single family
residential development pattern along Elizabeth Street to the east of the subject property prevents the
extension of a public pedestrian or bicycle access through the subject property out to Elizabeth Street.
The Planning Commission concludes that as detailed above and with the conditions discussed, the
proposal complies with the requirements for Outline Plan subdivision approval under the Performance
Standards Options chapter.
2.4 The Planning Commission concludes that the proposal satisfies all applicable criteria for Site
Design Review approval.
The first approval criterion addresses the requirements of the underlying zone, requiring that, 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,
The Planning
Commission finds that the building and yard setbacks and other applicable standards have been
evaluated to ensure consistency with the applicable provisions of part 18.2, and all regulations of the
underlying R-1-5 zoning will be satisfied.
The second approval criterion deals with overlay zones, and requires that,The proposal complies with
The Planning Commission finds that the property
PA-T2-2020-00021
December 8, 2020
Page 11
is within the Performance Standards Option (PSO) overlay zone, which requires that all developments
other than partitions or individual dwelling units be processed under Chapter 18.3.9., and that the
proposal involves a 12-unit cottage housing development and 13-lot subdivision for which the applicant
has requested Outline Plan approval under the PSO-Overlay chapter 18.3.9.
The Planning Commission further finds that the subject property is located within the Wildfire Lands
Overlay, and as such a Fire Prevention and Control Plan addressing the General Fuel Modification Area
requirements in AMC 18.3.10.100.A.2 will need to be provided for the review of the Fire Marshal prior
to bringing combustible materials onto the property. New landscaping proposed will need to comply
with these standards and shall not include plants listed on the Prohibited Flammable Plant List per
Resolution 2018-028. Conditions to this effect have been included below.
Based on the foregoing, the Planning Commission finds that this criterion is satisfied.
The third criterion addresses the Site Development and Design Standards, The proposal
complies with the applicable Site Development and Design Standards of part 18.4, except as provided
The Planning Commission finds that the proposal complies with the applicable
Site Development and Design and that the various plans have been prepared based on these standards
and the recently adopted Cottage Housing ordinance. With regard to the parking requirements in AMC
18.4.3, cottage housing units less than 800 square feet require one off-street parking space be provided
per unit, while units greater than 800 square feet and less than 1,000 square feet require 1½ spaces.
Cottage Housing Developments are exempted from the requirement to provide on-street parking. Here,
all of the 12 cottages proposed are 740 square feet, and a total of 12 spaces are required. The
Commission finds that 12 off-street parking spaces are proposed to fully satisfy the requirements for the
12 units proposed, with 10 spaces to be provided in the proposed parking lot and two parallel spaces to
be provided along the driveway. Carports are considered by code to be garages, and separate bicycle
parking facilities are not required where a garage is available. Here, ten of the two-bedroom units have
carports, and at least three covered bicycle parking spaces are needed to address the bicycle parking
requirements of the remaining two units. A bicycle parking area has been identified to the north of the
parking lot, and in addition each unit includes an enclosed storage room which could accommodate a
single bicycle. The Planning Commission finds that all required parking has been provided on site and
that on-street parking is not required, and concludes that the third criterion has been satisfied.
The fourth approval criterion addresses city facilities, specifically requiring 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
The Planning
Commission finds that adequate capacity of city facilities, paved access to and throughout the property,
and adequate transportation can and will be provided to the subject property, and that these items are
addressed in detail in the Outline Plan discussion in section 2.3 above. The Commission concludes that
this criterion has been satisfied.
PA-T2-2020-00021
December 8, 2020
Page 12
The Planning Commission finds that the applicant has not requested any Exceptions
to the Site Development and Design Standards, and as such this criterion does not apply.
The Planning Commission concludes that as detailed above and with the conditions discussed, the
proposal complies with the requirements for Site Design Review approval.
2.5 The Planning Commission finds that the proposal satisfies all applicable standards specific to
Cottage Housing Development.
The Planning Commission finds the proposal complies with the allowed development density, floor area
ratio, height and lot coverage standards, with 12 cottages proposed for a 37,541 square foot parcel and
a combined floor area ratio of 0.2365. All of the proposed cottages are less than 800 square feet in gross
habitable floor area; all of the cottages are proposed with roof peaks at 14-feet 2½-inches above grade,
which is less than 25-foot limit; calculations have been provided to demonstrate that cottages within the
development will not cast a shadow upon the roof of another cottage; and cottages along the north
property line are noted as being designed to comply with Solar Setback Standard A. Lot coverage is
proposed at 50 percent which is within the allowed standards for the R-1-5 zoning district.
The Commission further finds that building separations are equal or greater than the six-foot minimum
for cottages.
The Commission finds that any fencing will comply with the limitations of the fence code and will not
exceed four feet on interior areas adjacent to open space except as allowed for deer fencing, and a
condition has been included below to requires that the CC&the fencing limitations.
The Commission finds that the driveway and parking area proposed meet the vehicle area design
standards in AMC 18.4.3. All spaces are to be standard nine-foot by 18-foot spaces with a 24-foot back-
up area provided. The Commission further finds that the proposal meets the off-street parking
requirements of AMC 18.4.3.040, providing 12 spaces for the 12 cottages in a consolidated ten-space
parking area supplemented by two parallel spaces along the driveway. Parking is to be provided in
carports on each side of the drive aisle, and the carports will include
effortThe driveway is proposed to be improved to 20-feet in width
which complies with the minimum driveway width for access to a parking area for 12-parking spaces.
The driveway has been designed to accommodate a fire truck access.
The property has frontage along Otis Street. There are no street connections identified in the vicinity on
Street Dedication Map, and adjacent development east prevents bicycle or pedestrian
connectivity to Elizabeth Street to the east. The applicant has proposed a walkway along the north side
of the driveway extending from the street into and around the development for the use of residents and
guests of the proposed cottage housing development.
The Planning Commission finds that 8,794 square feet, or 23.43 percent of the site, is proposed in open
space, where a minimum of 20 percent is required. The proposed common area open spaces consist of
PA-T2-2020-00021
December 8, 2020
Page 13
a main common open space on the south side of the site, consisting of two larger lawn areas connected
by a 20-foot wide walkway and landscape areas linking the two lawn areas together. This common area
is 7,370 square feet in area and abuts ten of the 12 cottages. Additionally, along the north side of the
driveway and south of the two units nearest Otis Street a second common open space is present. This
area is 1,424 square feet in area. All of the 12 units proposed are directly adjacent to an at-least- 20-
foot wide common open space. The Planning Commission finds that the common open space
requirement has been addressed, and that all common areas and cottage units are connected to the open
spaces with five-foot wide walkways.
The Commission further finds that the common open space is separated from the private outdoor areas.
Private outdoor areas are provided adjacent to the units with pathways that connect the entrances of the
units to and through the open space with a walkway leading to the parking areas and public street beyond.
Each cottage unit has a private, useable outdoor area of at least 200 square feet which includes garden
areas, and porches or patios. These private areas do not have any dimensions less than eight feet. Low
fencing and landscaping will provide visual boundaries around the perimeter of the common areas and
between the private yards.
The Commission finds that the development proposes open spaces and landscape features as
components of a low impact development strategy to address stormwater. The rain gardens adjacent to
the parking areas provide above ground, on-site infiltration through a catchment system that connect to
-swale system. Individual lots will have at-
grade and/or above ground raingardens, rain barrels and other landscape features that provide natural
filtration before overflowing into the stormwater system. Landscape garden bed filtration systems, rain
barrels and permeable surfaces for the walkways are to be provided to allow for natural filtration and
on-site filtration, and parking surface area has been minimized with parking lot surface drainage directed
to adjacent landscape beds.
Based on the foregoing, The Planning Commission concludes that, as detailed above and with the
conditions discussed, the proposal is consistent with the Cottage Housing Development Standards.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that
the proposal for Outline Plan subdivision and Site Design Review approvals for a 12-unit/13-lot Cottage
Housing development is supported by evidence contained within the whole record.
The project is intended as an Earth Advantage Silver development, will include net-metered solar panels
installed on the carport buildings , and will include 12 modestly
sized units developed around a generous central open space. I, the
the type of development that was envisioned with the adoption
of the Cottage Housing ordinance, and the Commission believes that the development merits approval
with the conditions detailed below.
PA-T2-2020-00021
December 8, 2020
Page 14
Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following
conditions, we approve Planning Action #PA-T2-2020-00021. Further, if any one or more of the conditions
below are found to be invalid, for any reason whatsoever, then Planning Action #2020-00021 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 modified herein.
2. That any new addresses shall be assigned by City of Ashland Engineering Department. Street and
subdivision names shall be subject to City of Ashland Engineering Department review for compliance
with applicable naming policies.
3. That permits shall be obtained from the Ashland Public Works Department prior to any work in the public
right of way, including but not limited to permits for new driveway approaches or any necessary
encroachments.
4.That a Fire Prevention and Control Plan addressing the General Fuel Modification Area
requirements in AMC 18.3.10.100.A.2 of the Ashland Land Use Ordinance shall be provided for
the review and approval of the Fire Marshal prior to bringing combustible materials onto the
property, and any new landscaping proposed shall comply with these standards and shall not
include plants listed on the Prohibited Flammable Plant List per Resolution #2018-028.
5.That the Final Plan submittal shall include:
a.Draft CC&Rs for the Homeowner's Association shall be provided for review and
responsibility for the maintenance of all common use-improvements including
driveways, parking areas, carports, landscaping, street trees, open space, and storm water
facilities. The cottage housing fencing limitations, floor area limitations and the
b.A phasing plan for the completion of the development, if phasing is planned.
c.Final site lighting details.
d.Final lot coverage calculations demonstrating how lot coverage will comply with the
applicable coverage allowances of the zoning district. Lot coverage includes all building
footprints, driveways, parking areas and other circulation areas, and any other areas other
than natural landscaping.
e.All easements including but not limited to public and private utilities, irrigation, mutual
access and circulation, and fire apparatus access shall be indicated on the Final Plan
submittal for review by the Planning, Engineering, Building and Fire Departments.
f.Final electric service, utility and civil engineering plans including. All civil infrastructure
shall be installed by the applicants, inspected and approved prior to the submittal of the
final survey plat for review and signature.
g.The utility plan shall include the location of connections to all public facilities including
the locations of water lines and meter sizes, fire hydrants, sanitary sewer mains and
services, manholes and clean-outs, and storm drainage pipes and catch basins, along with
any backflow prevention measures required by the Water Department. Any required
private or public utility easements shall be delineated on the civil plans.
h.The final electric design and distribution plan shall include load calculations and
locations of all primary and secondary services including transformers, cabinets and all
other necessary equipment with the Final Plan application. This plan must be reviewed
PA-T2-2020-00021
December 8, 2020
Page 15
and approved by the Electric Department prior to the signature of the final survey plat.
Transformers and cabinets shall be located in areas least visible from streets and outside
of vision clearance areas, while considering the access needs of the Electric Department.
Electric services shall be installed underground to serve all lots within the applicable
phase prior to submittal of the final survey plat for review and signature. At the discretion
of the Staff Advisor, a bond may be posted for the full amount of underground service
installation (with necessary permits and connection fees paid) as an alternative to
installation of service prior to signature of the final survey plat. In either case, the electric
service plan shall be reviewed and approved by the Ashland Electric Department and
Ashland Engineering Division prior to installation.
i.The storm drainage plan shall detail the location and final engineering for all storm
drainage improvements associated with the project, and shall be submitted for review
and approval by the Departments of Public Works, Planning and Building Divisions. The
storm drainage plan shall demonstrate that post-development peak flows are less than or
equal to the pre-development peak flow for the site as a whole, and that storm water
quality mitigation has been addressed through the final design.
j.A final grading and erosion control plan.
k.A final size- and species-specific landscaping plan including irrigation details satisfying
the Water Conserving Landscaping Guideline in AMC 18.4.4.030.I. New landscaping
shall comply with the General Fuel Modification Area requirements and shall not include
plants listed on the Prohibited Flammable Plant List adopted by Resolution #2018-028.
All landscaping shall be installed according to the approved plan, and tied into the
existing irrigation system, inspected and approved prior to the issuance of a certificate of
occupancy.
l.That the requirements of the Ashland Fire Department relating to fire hydrant distance,
spacing and clearance; fire flow; fire apparatus access, approach, turn-around, and
firefighter access pathway; approved addressing; fire sprinkler and extinguishers as
applicable; limits on fencing and gates which would impair access; and wildfire hazard
area requirements shall be satisfactorily addressed in the Final Plan submittals. Fire
Department requirements shall be included in the civil drawings, and a Fire Prevention
and Control Plan addressing the General Fuel Modification Area requirements of AMC
18.3.10.100.A.2. shall be included with the Final Plan submittal.
6.Prior to submittal of the final subdivision survey plat for review and signature:
a.The final survey plat shall include a deed restriction notifying future property owners that
the size of a cottage dwelling may not be increased beyond the maximum floor area in
subsection 18.2.3.090.C.2.a. This size limitation shall also be addressed in the
b.All easements including but not limited to public and private utilities, mutual access, and
fire apparatus access shall be indicated on the final survey plat as required by the Ashland
Engineering Division.
PA-T2-2020-00021
December 8, 2020
Page 16
c.The driveway approach shall be installed under permit from the Public Works
Department and in accordance with the approved plan, inspected and approved prior to
the submittal of the final survey plat for signature.
d.Subdivision infrastructure improvements including but not limited to utility installations
shall be completed according to approved plans prior to submittal of the final survey plat
for review and signature.
e.The driveway shall be paved to 20-foot width, a vertical clearance of 13-feet, 6-inches
and be able to withstand 44,000 lbs. The flag drive shall be constructed so as to prevent
surface drainage from flowing over the private property lines and/or the public way.
f.Electric services shall be installed underground to serve all lots, inspected and approved.
The electric service plan shall be reviewed and approved by the Ashland Electric,
Building, Planning and Engineering Divisions prior to installation.
g.Sanitary sewer laterals and water services including connection with meters at the street
shall be installed to serve all lots, inspected and approved.
7.That the building permit submittals shall include:
a.Identification of all easements, including public and private utility easements, mutual
access easements and fire apparatus access easements.
b.Solar setback calculations demonstrating that the northern units comply with Solar
Setback Standard A in the formula \[(Height 6)/(0.445 + Slope) = Required Solar
Setback\] and elevations or cross section drawings clearly identifying the highest shadow
producing point(s) and the height(s) from natural grade. Other cottage housing units shall
provide demonstration of compliance with the Cottage Housing Development Standards
requiring that the not cast a shadow on the roof area of another cottage.
c.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
through the curb or gutter at a public street, a public storm pipe, an approved public
drainage way, or through an approved alternative in accordance with Ashland Building
Division policy BD-PP-0029. On-site collection systems shall be detailed on the building
permit submittals.
8.That all applicable conditions of the subdivision approval (PA-T2-2019-00013) shall remain in
effect, including but not limited to that subdivision infrastructure improvements including
streets, alleys, and utility infrastructure be completed before signature of a final survey plat.
December 8, 2020
Haywood Norton, Chair Date
Planning Commission Approval
PA-T2-2020-00021
December 8, 2020
Page 17
TYPE II
PUBLIC HEARING
_________________________________
PA-T2-2020-00023
196 & 200
Clear Creek Drive
Planning Department, 51 Winburn Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
PLANNING ACTION:
PA-T2-2020-00023
SUBJECT PROPERTY:
196 & 200 Clear Creek Drive
APPLICANT/OWNER:
/
Rogue Planning & Development Services, LLCBryan & Stephanie Deboer
DESCRIPTION:
A request for Site Design Review approval to allow the construction of an 11,220 square-foot,
two-story mixed-use building for the properties at 196 and 200 Clear Creek Drive. The proposed building would
consist of 1,268 square feet of office space, 8,052 square feet of warehouse space, and a single 1,584 square foot
residential unit on the second floor. The application also includes requests for a property line adjustment to allow
the consolidation of the two lots and a Variance/Major Modification of the New Addition subdivision approval
(PA-2000-
COMPREHENSIVE PLAN DESIGNATION:
Clear Creek Drive because alley access is available.
ZONING: MAP: TAX LOT #:
Employment; E-1; 39 1E 09AB;6604 & 6605
ELECTRONIC ASHLAND PLANNING COMMISSION MEETING: 7PM on December 8, 2020
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Notice is hereby given that the Ashland Planning Commission will hold an electronic public hearing on the above described
planning action on the meeting date and time shown above. You can watch the meeting on local channel 9, on Charter
Communications channels 180 & 181, or you can stream the meeting via the internet by going to rvtv.sou.edu and selecting
RVTV Prime.
The ordinance criteria applicable to this planning action are attached to this notice. Oregon law states that failure to raise an
objection concerning this application, or failure to provide sufficient specificity to afford the decision makers 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 Commission to respond to the issue precludes an action for damages in circuit court.
Because of the COVID-19 pandemic, application materials are provided online and written 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@ashland.or.us.
A copy of the application, including all documents, evidence and applicable criteria relied upon by the applicant, and a copy
of the staff report will be available on-line at www.ashland.or.us/PCpackets seven days prior to the hearing. 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 planning@ashland.or.us.
Anyone wishing to submit comments can do so by sending an e-mail to PC-public-testimony@ashland.or.us with the
December 8 th PC Hearing TestimonyMonday, December 7, 2020
. If the applicant
wishes to provide a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-public-testimony@ashland.or.us
December 8 th PC Hearing TestimonyTuesday,December 8, 2020.
by 10:00 a.m. on Written
testimony received by these deadlines will be available for Planning Commissioners to review before the hearing and will
be included in the meeting minutes.
Oral testimony will be taken during the electronic public hearing. If you wish to provide oral testimony during the electronic
Tuesday December 8, 2020.
meeting, send an email to PC-public-testimony@ashland.or.us by 10:00 a.m. on In order to
provide testimony at the public hearing, please provide the following information: 1) make the subject line of the email
th
December 8 Speaker Request
, 2) include your name, 3) the agenda item on which you wish to speak on, 4) specify if
you will be participating by computer or telephone, and 5) the name you will use if participating by computer or the
telephone number you will use if participating by telephone.
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please
-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to
the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-
35.104 ADA Title I).
If you have questions or comments concerning this request, please feel free to contact Derek Severson at 541-488-5305 or
derek.severson@ashland.or.us.
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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.
VARIANCE
18.5.5.050
1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as
topography, natural features, adjacent development, or similar circumstances. A legal lot determination may be sufficient evidence of a hardship for
purposes of approving a variance.
2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site.
3. e purpose and intent of this
ordinance and the Comprehensive Plan of the City.
4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property
line adjustment or land division approval previously granted to the applicant.
Major Modification Approval Criteria.
A Major Modification shall be approved only upon the approval authority finding that all of the following criteria are met.
1.Major Modification applications are subject to the same approval criteria used for the initial project approval, except that the scope of review is limited to the
w only for the proposed parking
lot and any changes to associated access, circulation, etc.
2.A modification adding or altering a conditional use, or requiring a variance, administrative variance, or exception may be subject to other ordinance
requirements.
3.The approval authority shall approve, deny, or approve with conditions the application, based on written findings.
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196-200 Clear Creek Drive
PA-T2-2020-00023 ArequestforSiteDesignReviewapprovaltoconsolidatetwo
lotsandconstructan11,220square-foot,two-storymixed-usebuildingwith1,268
squarefeetofofficespace,8,052squarefeetofwarehousespace,andasingle
1,584squarefootresidentialunit.AlsoincludesarequestforaVarianceandMajor
ModificationoftheNewAdditionsubdivisionapproval(PA-2000-096)toallowa
drivewaytobeinstalledfromClearCreekDrivewhentheAccessand
CirculationinAMC18.4.3.080.C.5andthesubdivisionapprovalboth
prohibitdrivewayaccessfromClearCreekDrivebecausealleyaccessisavailable.
Proposal
The proposed building would include office space on the ground floor space along
Clear Creek Drive with a single residential unit above, and two warehouse spaces at
the rear of the building. Primary access to the property would be from the alley, but a
new driveway along Clear Creek Drive would support larger delivery vehicles
circulating through from the alley and the driveway entrance would provide a turn-
around area at the end of Clear Creek Drive.
Site Description
ThesubjectpropertyincludesLots#5oftheNewAdditionsubdivision,which
wasapprovedin2000.Thetwolotswouldbeconsolidatedhere,andwouldhavea
totallotareaof23,224squarefeet.ThesubjectpropertyiszonedE-1,and
Employmentzoning,andincludesanresidentialoverlay.
Landscaping & Trees
Thepropertylacksnaturalfeaturesorsignificantnaturalvegetation.Withthe
proposal,15percentofthepropertywillbelandscaped,andadetailedlandscaping
planhasbeenprovided.Apedestrianplazaareawouldalsobecreatedbetweenthe
sidewalkandbuildingfacealongClearCreekDrive.
1
196-200 Clear Creek Drive
PA-T2-2020-00023 ArequestforSiteDesignReviewapprovaltoconsolidatetwolots
andconstructan11,220square-foot,two-storymixed-usebuildingwith1,268square
feetofofficespace,8,052squarefeetofwarehousespace,andasingle1,584square
footresidentialunit.AlsoincludesarequestforaVarianceandMajorModificationof
theNewAdditionsubdivisionapproval(PA-2000-096)toallowadrivewaytobe
installedfromClearCreekDrivewhentheAccessandCirculation
inAMC18.4.3.080.C.5andthesubdivisionapprovalbothprohibit
drivewayaccessfromClearCreekDrivebecausealleyaccessisavailable.
Parking
13off-streetparkingspacesarerequiredfortheusesproposed.Theapplication
providesfourparkingspacesoffofthealley,onecoveredsurfacespaceadjacentto
thebuilding,andthreespaceswithinacarport.Theremainingparkingisproposedto
beaddressedthroughaUseofcreditfor1.75spaces,andan-
Streetcreditfor3spaces,foratotalreductioninrequiredparkingof
approximately38percent.
Variance & Subdivision Modification
TheLandUse VehicularAccess&CirculationStandards prohibit
drivewayaccessfromthestreetwhenalleyaccessisavailable,andthesubdivision
approvalin2000accordinglyincludedaconditionprohibitingadrivewayalongClear
CreekDrive.Theapplicationmaterialsarguethat:thealleyislong;thealleyistoo
narrowfortwo-waytrafficorlargerdeliveryvehicles;thereislimitedvisibilityfrom
theentrytodetermineifavehicleisblockingthealley;thealleydead-endswithouta
formalturn-around;andthereyetagriddedstreetsystemestablishedtosupport
circulation.Similarly,ClearCreekDrivedead-endsandlacksaformalturn-around.
TheapplicationrequestsaVariancetomodifythesubdivisionconditionsinorderto
installadrivewayonClearCreekDrivetoenablelargerdeliveryvehiclestocirculate
throughfromthealley.Thedrivewaywouldalsofunctionasaplacetoturn-aroundat
theexistingterminusofClearCreekDriveuntilitisultimatelyextendedouttoNorth
MountainAvenuewhentheadjacentRailroadPropertydevelops..
Staff Recommendation
Staff recommends that the application be approved with the conditions detailed in
packet.
2
ЊВЏΏЋЉЉ /ƌĻğƩ /ƩĻĻƉ 5ƩźǝĻ
(New Addition Sub., Lots 5 & 6)
Vicinity Map
Existing Buildings on Lots 1 & 2
Proposed Elevation for Clear Creek Drive frontage, Lots 5 & 6
Ќ
Clear Creek Drive (Lots 5& 6)Site Plan
BEFORE THE PLANNING COMMISSION
January 12, 2021
IN THE MATTER OF PLANNING ACTION #PA-T2-2020-00023, A REQUEST FOR )
SITE DESIGN REVIEW APPROVAL TO CONSTRUCT AN 11,220 SQUARE FOOT, )
TWO-STORY, MIXED-USE BUILDING FOR THE PROPERTIES AT 196 AND 200 )
CLEAR CREEK DRIVE. THE PROPOSED BUILDING WOULD CONSIST OF 1,268 )
SQUARE FEET OF OFFICE SPACE, 8,052 SQUARE FEET OF WAREHOUSE SPACE )
AND A SINGLE 1,584 SQUARE FOOT RESIDENTIAL UNIT. THE APPLICATION )
)
ALSO INCLUDES REQUESTS FOR A PROPERTY LINE ADJUSTMENT TOALLOW
FINDINGS,
THE CONSOLIDATION OF THE TWO LOTS AND A VARIANCE/MAJOR MODIFI- )
CONCLUSIONS,
CATION OF THE NEW ADDITION SUBDIVISION APPROVAL (PA #2000-096) TO )
& ORDERS
)
)
SUBDIVISION APPROVAL BOTH PROHIBIT DRIVEWAY ACCESS FROM CLEAR )
CREEK DRIVE BECAUSE ALLEY ACCESS IS AVAILABLE. )
)
APPLICANT/OWNERS:
Rogue Planning & Development Services, LLC/ )
Bryan & Stephanie Deboer )
)
--------------------------------------------------------------------------------------------------------------
RECITALS:
1) Tax lots #6604 and #6605 of Map 39 1E 09AB are the vacant Lots #5 and #6 of the New Addition
subdivision on Clear Creek Drive, and are zoned Employment (E-1) and are within both the Residential
and Detail Site Review overlay zones.
2) The applicant is requesting Site Design Review approval to allow the construction of an 11,220
square-foot, two-story mixed-use building for the properties at 196 and 200 Clear Creek Drive. The
proposed building would consist of 1,268 square feet of office space, 8,052 square feet of warehouse
space, and a single 1,584 square foot residential unit on the second floor. The application also includes
requests for a property line adjustment to allow the consolidation of the two lots and a Variance/Major
Modification of the New Addition subdivision approval (PA-2000-096) to allow a driveway to be
installed from Clear Creek Drive where the Access and Circulation in AMC
18.4.3.080.C.5 and the subdivision approval both prohibit driveway access from Clear Creek Drive
because alley access is available. The proposal is outlined in plans on file at the Department of
Community Development.
AMC 18.5.2.050
3) The criteria for Site Design Review approval are detailed in as follows:
Underlying Zone:
A. 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.
PA-T2-2020-00023
January 12, 2021
Page 1
Overlay Zones:
B. The proposal complies with applicable overlay zone requirements (part 18.3).
Site Development and Design Standards:
C. The proposal complies with the applicable Site
Development and Design Standards of part 18.4, except as provided by subsection E, below.
City Facilities:
D. 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.
Exception to the Site Development and Design Standards.
E. 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.
AMC 18.5.6.030.C
4) The approval criteria for a Major Modification are detailed in as follows:
1. Major Modification applications are subject to the same approval criteria used for
the initial project approval, except that the scope of review is limited to the
modification request. For example, a request to modify a commercial
parking lot and any changes to associated access, circulation, etc.
2. A modification adding or altering a conditional use, or requiring a variance,
administrative variance, or exception may be subject to other ordinance
requirements.
3. The approval authority shall approve, deny, or approve with conditions the
application, based on written findings.
AMC 18.5.5.050
5) The approval criteria for a Variance are detailed in as follows:
1. The variance is necessary because the subject code provision does not account
for special or unique physical circumstances of the subject site, such as
topography, natural features, adjacent development, or similar circumstances. A
legal lot determination may be sufficient evidence of a hardship for purposes of
approving a variance.
2. The variance is the minimum necessary to address the special or unique physical
circumstances related to the subject site.
3.
PA-T2-2020-00023
January 12, 2021
Page 2
development of the adjacent uses and will further the purpose and intent of this
ordinance and the Comprehensive Plan of the City.
4. The need for the variance is not self-imposed by the applicant or property owner.
For example, the variance request does not arise as result of a property line
adjustment or land division approval previously granted to the applicant.
AMC 18.5.3.120.B
6) The approval criteria for a Property Line Adjustment are detailed in as follows:
1. Parcel Creation. No additional parcel or lot is created by the lot line adjustment.
2. Lot Standards. Except as allowed for nonconforming lots, pursuant to chapter
18.1.4, or as required by an overlay zone in part 18.3, all lots and parcels conform
to the lot standards of the applicable zoning district, including lot area,
dimensions, setbacks, and coverage, per part 18.2. If a lot does not conform to
the lots standards of the applicable zoning district, it shall not be made less
conforming by the property line adjustment. As applicable, all lots and parcels
shall identify a buildable area free of building restrictions for physical constraints
(i.e., flood plain, greater than 35 percent slope, water resource protection zones).
3. Access Standards. All lots and parcels conform to the standards in section
18.4.3.080 Vehicle Area Design. Lots and parcels that do not conform to the
access standards shall not be made less conforming by the property line
adjustment.
7) On April 15, 2020 Governor Kate Brown issued Executive Order #20-16
Working: Ordering Necessary Measures to Ensure Safe Public Meetings and Continued Operations by
Local Government During Coronavirus (COVID-
public bodies hold public meetings by telephone, video, or through some other electronic or virtual
means, whenever possible; that the public body make available a method by which the public can listen
to or virtually attend the public meeting or hearing at the time it occurs; that the public body does not
have to provide a physical space for the public to attend the meeting or hearing; that requirements that
oral public testimony be taken during hearings be suspended, and that public bodies instead provide a
means for submitting written testimony by e-mail or other electronic methods that the public body can
consider in a timely manner. The subsequently adopted House Bill #4212 further authorized governing
bodies in Oregon to conduct all public meetings using telephone or video conferencing technology or
through other electronic or virtual means.
8) The Planning Commission, following proper public notice, held an electronic public hearing on
December 8, 2020. In keeping with Executive Order #20-16 and subsequent House Bill #4212, this meeting
was broadcast live on local television channel 9 and on Charter Communications channels 180 & 181,
and was live-streamed over the internet on RVTV Prime at http://www.rvtv.sou.edu. A copy of the
application, including all documents, evidence and applicable criteria relied upon by the applicant, and
a copy of the staff report were made available on-line seven days prior to the hearing. Those wishing to
provide written testimony were able to submit it via e-mail in advance of the hearing, as detailed the
mailed and posted notices, and all written testimony received by the deadlines was made available for
Commissioners to review before the hearing and was included in the meeting minutes. In addition,
PA-T2-2020-00023
January 12, 2021
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those wishing to participate during the hearing could arrange to provide oral testimony by making
arrangements to do so in advance of the meeting. Following the closing of the public hearing and the
record, the Planning Commission considered the materials received and testimony presented and approved
the application subject to conditions pertaining to the appropriate development of the site.
Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as
follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony
will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. FINDINGS & CONCLUSIONS
2.1 The Planning Commission finds that it has received all information necessary to make a decision
based on the application materials, staff report, public testimony and exhibits received.
2.2 The Planning Commission finds that the proposal for Site Design Review, Property Line
Adjustment, Major Modification and Variance meets all applicable criteria for Site Design Review
described in AMC 18.5.2.050; for a Property Line Adjustment described in AMC 18.5.3.120.B; for a
Major Modification described in AMC 18.5.6.030.C., and for a Variance as described in AMC
18.5.5.050.
2.3 The Planning Commission concludes that the proposal satisfies all applicable criteria for Site
Design Review approval.
The first approval criterion for Site Design Review approval addresses the requirements of the
underlying zone, requiring that, 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 stanThe Planning Commission finds that the building and yard setbacks and
other applicable standards have been evaluated to ensure consistency with the applicable provisions of
part 18.2, and all regulations of the underlying E-1 zoning will be satisfied.
The second approval criterion deals with overlay zones, and requires that,The proposal complies with
PA-T2-2020-00023
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The Planning Commission finds that the property
is within the Detail Site Review, Residential and Wildfire Hazards overlay zones.
The Detail Site Review overlay requires that the application address the Detail Site Review Standards
in AMC 18.4.2.040.C. Where proposed buildings are greater than 10,000 square feet in gross floor area
as is the case here or contain more than 100 feet of building frontage, the Additional Standards for
Large Scale Projects in AMC 18.4.2.040.D must also be addressed. Compliance with these standards is
discussed with regard to part 18.4 under the next criterion below.
Within the Residential (R) overlay zone, the requirements of AMC 18.3.13.010.C come into play where
residential units are proposed, and require: 1) For mixed-use developments, if there is one building on
a site, ground floor residential uses shall occupy not more than 35 percent of the gross floor area of the
ground floor. Where more than one building is located on a site, not more than 50 percent of the total
lot area shall be designated for residential uses. At least 65 percent of the gross floor area of the ground
floor shall be designated for permitted uses and uses permitted with special use standards, not including
residential uses; 2) Residential densities shall not exceed 15 dwelling units per acre. 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; and 3) Residential uses shall be subject to the same setback, landscaping, and design standards
as for permitted uses in the E-1 District. The Planning Commission finds that: 1) 316 square feet of the
9,636 square foot ground floor is dedicated to the foyer and stairway for the residential unit, with the
remainder of the ground floor dedicated to permitted or special permitted uses in the zone other than
residential. This equates to only approximately 3.3 percent of the ground floor (316 square feet/9,636
square feet = 0.0327), with the remaining 96.7 percent to be dedicated to permitted or special permitted
uses within the E-1 zone; 2) At an allowed residential density of 15 dwelling units per acre, the property
has an allowed residential density of 7.997 dwelling units (0.533 acres x 15 dwelling units/acre = 7.997
dwelling units), and the single residential unit proposed does not exceed the allowed density; and 3) The
proposal is being considered in light of the same setback, landscaping and design standards as any E-1
project.
The Planning Commission further finds that the subject property is located within the Wildfire Lands
overlay zone, and as such a Fire Prevention and Control Plan addressing the General Fuel Modification
Area requirements in AMC 18.3.10.100.A.2 will need to be provided for the review of the Fire Marshal
prior to bringing combustible materials onto the property, and any new landscaping proposed will need
to comply with these standards and shall not include plants listed on the Prohibited Flammable Plant
Listper Resolution #2018-028. The applicant asserts that the proposed landscape plan complies with
the applicable Wildfire Lands requirements, and does not use plants from the prohibited plant list. A
condition has been included below to require a final Fire Prevention and Control Plan and plant list be
provided for the review and approval of the Fire Marshal prior to the issuance of a building permit or to
bringing any combustibles onto the site.
Based on the foregoing, the Planning Commission finds that this criterion is satisfied.
The proposal
complies with the applicable Site Development and Design Standards of part 18.4, except as provided
PA-T2-2020-00023
January 12, 2021
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The application discusses the Basic Site Development and Design Standards for Non-Residential
Development, noting that the
with parking placed behind the building and with no automobile parking or circulation between the
ade is 104-feet of the 141-foot wide frontage, and though a
driveway apron is proposed, the building faade occupies a large majority - nearly 74 percent - of the
lot frontage. The building entrances are located within 20-feet of the street right-of-way. The entrances
are clearly visible, and an eight-foot door with transom window, lighting, pedestrian covering, and
material changes is provided to emphasize the entrance.
Along the west side of the property, there is a five-foot pedestrian easement, and a corresponding five-
foot easement is in place on the property to the west to provide a ten-foot wide pedestrian connection
from Clear Creek Drive to the alley. The applicant proposes to improve this easement with compacted
gravel to provide a walking surface.
A public sidewalk and parkrow planting strip were installed with the subdivision in 2000, and city
standard street trees are proposed to be installed along the frontage. A new pedestrian plaza area, with
hardscape surface treatments between the sidewalk and the building, will provide pedestrian access to
the street-facing business entrances directly accessible from the public sidewalk.
15 percent of the site has been provided as a landscape area to comply with the applicable standards of
the zone, and a common recycle and refuse area is provided near the rear of the property, screened from
view, and accessible from the alley. All artificial lighting is noted as complying with the standards of
AMC 18.4.4.050, and there are no residential zones in the immediate vicinity of the project site.
The application discusses the Detail Site Review Standards, noting that the proposed structure and the
pedestrian plaza area provided combine to comply with the Floor Area Ratio (FAR) standard calling for
a minimum 0.50 FAR. The proposed structure is 11,220 square feet and there is just over 1,200 square
feet of plaza area proposed for a total of 12,435 square feet, which is more than the required 11,761
square feet.
The building frontage is 104-feet in length, and distinctive offsets and material changes are provided in
in the façade to break-up the massing and scale of the structure. All of the front faade walls are within
30-feet of the public street, and more than 20 percent of the wall area facing the street is in windows or
doorways. Large windows are proposed on either side of the commercial business entrance, and there
is a cantilevered overhang to protect pedestrians from the elements.
More than 15 percent of the exterior walls have substantial changes in relief. There is a substantial base;
changes in façade materials with the use of vertical standing seam metal siding, split-face concrete block,
horizontal, wooden plank siding, and hardboard. There are bronze-colored, aluminum storefront style
windows and doors.
PA-T2-2020-00023
January 12, 2021
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Landscape buffers are proposed between the surface parking spaces adjacent to the alley and the west
property line, and a landscape buffer of six-feet is proposed along the east side of the parking area. The
parking area and the interior area of the site are proposed to be screened from the adjacent railroad
property with a six-foot-tall solid panel and CMU screen wall.
The property is within the Detail Site Review overlay zone, and the proposed building to be more than
10,000 square feet in area and as such is subject to Additional Standards for Large Scale Projects. The
application explains that the building is oriented towards Clear Creek Drive, and that the buildings mass
along the street is divided into two separate masses. The structure has a human scale incorporated though
the changes in setback and orientation in materials, and a sheltering roof is proposed to provide
pedestrian shelter while adding a horizontal element to the front faade. The pattern of the windows and
the doors is distinct and relates to the spaces within the structure.
The application materials note that the building requires 1,120 square feet of plaza space, and propose
to provide plaza space between the sidewalk and building along Clear Creek Drive. This space will
incorporate sitting areas, space for eating, a mixture of sunlight and shade areas under the marquee and
near the plaza area trees, and the plaza area surface will include colored and/or scored concrete.
Staff Discussion: Parking
Off-Street Parking Requirements & Parking Management Strategies
As proposed, a total of 13 off-street parking spaces are required.
OFFICE:
1,268 square feet of office requires 2.5 parking spaces 1,268/500 = 2.536 spaces
WAREHOUSE:
The warehouse areas require 8.05 spaces 8,052/1000 = 8.052 spaces
RESDIENTIAL:
A two-bedroom residential unit requires 1.75 spaces
TOTAL OFF-STREET PARKING REQUIRED: 12.338 spaces
The applicant proposes to provide eight off-street parking spaces, with four spaces accessed directly from the
public alley at the rear of the property. A driveway extends from the alley into the property where four additional
off-street parking spaces are provided three are within an enclosed carport, and a fourth is provided parallel to
the building under a canopy. Two of the eight spaces to be provided are shown as accessible parking spaces.
The application explains that primary vehicular access to the site would be from the public alley, however to
improve access to and though the property for expected delivery vehicle traffic, including large trucks, and any
emergency vehicles, and address turn-around issues caused by the length of the public alley, a driveway curb
cut from Clear Creek Drive is requested. Findings addressing a variance and a modification of the subdivision
conditions have been included.
The proposed internal parking and maneuvering area is to be screened with a block wall and an electric gate
that fully screens the site from the public rights-of-way of the street and the alley, and from the adjacent properties
to the east. The applicant explains that full screening and security fencing will allow for uses in Warehouse Unit
A that need additional safety measures while also allowing for adaptive re-use by a business requiring screened
outdoor storage (subject to a Conditional Use Permit in E-1).
PA-T2-2020-00023
January 12, 2021
Page 7
AMC 18.4.3.060
The applicant proposes to utilize Parking Management Strategies as provided in , requesting a
1.75 spaces
Joint Use of Facilities credit to off-set the required residential parking (), and an On-Street Parking
3.00 spaces
Credit to reduce required off-street parking by three spaces () as there are four on-street parking
spaces available along the frontage of the property. The combined reduction in required parking requested is
(\[3.00 + 1.75\]/12.338 = 0.3847)
38½ percent . The applicant concludes that in combination, eight off-street
spaces, a Joint Use of Facilities credit of 1.75 spaces, and an On-Street Parking credit of three spaces satisfies
the parking requirement and provides more than 50 percent of the required parking on-site.
Bicycle parking is proposed to be dispersed around the site to provide the most convenient parking for the various
uses. U-rackproposed behind the sidewalk at the front of the building, visible from Clear Creek
Drive. With the covered carport, and additional two spaces are proposed. And each warehouse unit will include
additional spaces are proposed. The application emphasizes that all proposed bicycle parking areas will comply
with the bicycle parking standards, and will be located in a manner that provides adequate commercial customer
and residential bicycle parking. Conditions requiring that adequate bicycle parking be illustrated in the building
permit submittals and inspected on site before occupancy have been included below.
to
reduce required off-street parking, staff would note that the approval of parking management strategies is
discretionary. The Planning Commission has the discretion to adjust the proposed off-street parking reduction
based upon site specific evidence and testimony. de
is an expectation that the Commission will consider efficiency, flexibility and functionality over the long term.
Here, the initial calculations are based on low-demand warehouse use and request a substantial reduction in
required parking from there. While the parking proposed may be adequate for the uses currently proposed when
on-street demand in the vicinity is limited, they do not necessarily provide future flexibility for the adaptive re-use
discussed by the applicant and may pose challenges to future intensification of use, particularly as the area
develops and on-street demand intensifies or if on-street parking on one side of the street becomes unavailable
with the eventual connection of Clear Creek Drive from Oak Street through to North Mountain Avenue and striping
of the street as a neighborhood collector.
Should the Planning Commission determine that the credits requested do not merit approval, staff believes that
the paved area proposed could accommodate some additional parking with a different configuration. The
Commission could require that a revised parking plan be provided requiring that a specific amount of additional
parking spaces be provided for review with the building permit submittals. As an example, if a 25 percent
reduction in required parking were approved through credits, ten off-street spaces would be required.
If the Commission determines that the credits requested are acceptable, staff recommends that a condition of
approval be included that with any future intensification of use, a revised parking plan be submitted for the review
and approval of the Staff Advisor.
Staff also believe it would be appropriate to include a condition requiring that accessible parking provided be
limited to only that required under current building code.
Parking Area Design
PA-T2-2020-00023
January 12, 2021
Page 8
The application explains that the parking to be provided will comply with the dimensional, surfacing and back-up
space requirements, and notes that the four spaces adjacent to the alley are to be buffered from the structure
with landscape planters which will function as stormwater swales to capture and treat surface run-off. The three
parking spaces within the carport are to be covered, which will reduce the micro-climatic impacts of the parking
spaces. The applicant concludes noting that parking lot shade trees and landscape buffers complying with the
standards for parking area design will be provided.
Based on the foregoing, the Planning Commission concludes that the proposal complies with the
applicable Site Development and Design Standards of part 18.4.
The fourth approval criterion addresses city facilities, specifically requiring 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 transportati
The Planning Commission notes that the application asserts that adequate city facilities exist to serve
the proposed development, and that final development plans based on the current proposal will be
submitted to the City of Ashland Public Works, Engineering, Planning, Building, Electric and Fire
Departments for review and approval prior to the issuance of a building permit. Specific facilities are
discussed as follows:
Water:
The application notes that the subject properties are currently served by an eight-inch water
main in adjacent Clear Creek Drive right-of-way, and that the new water services and meters proposed
will be installed off of this main.
Sanitary Sewer
The application explains that the subject properties are currently served by an eight-
inch sanitary sewer main in the adjacent Clear Creek Drive right-of-way, further explaining that the
existing main ends short of the end of the current street improvements but will be extended from the
existing terminus to serve the proposed development.
Electric:
An existing electrical box was installed with the subdivision at the northeast corner of the
property, and services will be extended to serve the project.
Urban Storm Drainage:
The application explains that the subject properties are currently served by a
12-inch storm drainage sewer main in Clear Creek Drive, and that because the proposed development
will create more than 2,500 square feet of impervious surface, the project civil engineer has proposed a
stormwater drainage facility plan which complies with the requirements of the DEQ MS4 General
Permit Phase 2follows the guidance and requirements set forth in the current Rogue Valley
Stormwater Quality Design Manual.
Adequate Transportation:
Clear Creek Drive is considered to be a Commercial Neighborhood
Collector, and is ultimately intended to provide a commercial corridor connecting Oak Street to North
Mountain Avenue. The improvements envisioned for a Commercial Neighborhood Collector are
illustrated in AMC 18.4.6.040.G.3 and include a 28- to 36-foot paved curb-to-curb width within a 55-
PA-T2-2020-00023
January 12, 2021
Page 9
to 63-foot right-of-way, seven-foot landscaped parkrow, and an eight- to ten-foot sidewalk. The existing
right-of-way way here is 60 feet wide with an approximate curb-to-curb width of 28 feet which will
accommodate on-street parking on one side, and was improved with pavement, curbs, gutters, park rows
and sidewalks to city standards at the time of the subdivision approval, however the park row planting
strip here lacks street trees or street lights, and a condition of approval has been included below to require
that street trees be selected from the Recommended Street Tree Guide, planted according to standards
with irrigation, and inspected, and that street lights be installed along the frontage, prior to the issuance
of a certificate of occupancy.
At the rear of the property, an alley is in place. Typical alley standards envision a 12-foot paved width
within a 16-foot right-of-way, however here the alley has a 16-foot paved width within a 20-foot right-
of-way, and includes a central valley gutter for drainage. With the approval of the subdivision under
PA #2000-096, there was also an easement for a 10-foot pedestrian and bike path easement south of the
alley, on the railroad property. With the subdivision approval, the Planning Commission at the time
all necessary public facilities, utilities and services are available to serve the six tax lots.
Public facilities are located within the right-of-way of Clear Creek Drive and within the public alley
adjacent to the project. The Commission finds that the multi-use path adjacent to the alley is required
in lieu of increasing the Clear Creek Drive right-of-way to accommodate bicycle lanes. As a result, the
multi-use path is a required street improvement that must be either installed, or planned and bonded for
as part of the subdivision.
The application includes a preliminary grading, utility and erosion control plan prepared by Registered
Professional Engineer Mark Dew of Dew Engineering. These plans identify facilities available in the
adjacent right-of-way along with proposed connections; meter placement; and storm water control,
detention and treatment system
extended to and through the subject property from public utility easements and street right-of-way
adjacent to the site, and that based on the conceptual plans, adequate key city facilities are available
within the adjacent rights-of-way and will be extended by the applicant to serve the proposed
development. Conditions have been included below to require that final electric service, utility and civil
plans be provided for the review and approval of the Staff Advisor and city departments in conjunction
with the Final Plan submittal, and that civil infrastructure be installed by the applicants, inspected and
approved prior to the signature of the final survey plat.
The Planning Commission finds that adequate capacity of city facilities, paved access to and throughout
the property, and adequate transportation can and will be provided to the subject property. The
Commission concludes that this criterion has been satisfied.
The final c
The Planning Commission finds that the applicant has not requested any Exceptions
to the Site Development and Design Standards, and as such this criterion does not apply.
The Planning Commission concludes that as detailed above and with the conditions discussed, the
proposal complies with the requirements for Site Design Review approval.
PA-T2-2020-00023
January 12, 2021
Page 10
2.5 The Planning Commission finds that the proposal satisfies all applicable standards specific to a
Major Modification.
The Planning Commission notes that the application proposes to install a new driveway curb cut from
Clear Creek Drive despite an alley being available to access the rear of the property. The Comprehensive
10.05.05
Plan () speaks to alleys, noting:
The alley is a semi-public neighborhood space that provides access to the rear of the property.
The alley eliminates the need for front yard driveways and provides the opportunity for a more
positive front yard streetscape. An alley at the rear of properties allows the street located
adjacent to the front of properties to be designed using a narrow width with limited on-street
parking. The use of alleys can create the opportunity for the use of narrower lots to increase
residential densities. Alleys are appropriate in all residential areas and in some commercial
areas for business frontage, and for access and delivery depending on the circulation pattern of
the area.
AMC 18.4.3.080.C.5
The Ashland Municipal Code () specifically addresses alley access, noting that
Where a property has alley access, vehicle access shall be taken from the alley and driveway
approaches and curb cuts onto adjacent streets are not permitted This requirement was made a
PA #2000-096
condition of the original approval for the New Addition subdivision (), which included
Condition #That automobile access to all lots shall be from the public alley adjacent to the west and
south property line. Additional driveway access along Clear Creek Drive shall be prohibited.
The application proposes to add a new curb cut from Clear Creek Drive to provide for vehicular traffic,
and specifically for larger deliver vehicles likely to serve warehouse uses proposed. The applicant
emphasizes that the proposed new curb cut from Clear Creek Drive is not intended to be the primary
access to the site, as both the proposed office space and rear warehouse space are accessible from outside
the gated/fenced parking area. The applicant asserts that the impact to the street will be minimal as
there is access and parking available from the alley and public, on-street parking in place as well. The
applicant further suggests that a proposed curb cut will not have a significant adverse impact on traffic
operations or safety for the Clear Creek Drive corridor as the street currently ends immediately east of
clean-up before it develops.
The first approval criterion for a Major Modification notes that,applications are subject to the same
approval criteria used for the initial project approval, except that the scope of review is limited to the
require Site Design Review only for the proposed parking lot and any changes to associated access,
circulation, etc. The applicant here points out that at the time of the original subdivision approval, the
criteria in place for subdivision approval dealt with plat submittal requirements, and there was no
specific discussion of issues such as block length, through access or connectivity. The application
materials include a copy of the original subdivision findings as an exhibit, and the applicant notes that
in The Commission finds that all necessary public facilities, utilities and services are
PA-T2-2020-00023
January 12, 2021
Page 11
available to serve the six tax lots. Public facilities are located within the right-of-way of Clear Creek
Drive and within the public alley adjacent to the project. The Commission finds that the multi-use path
adjacent to the alley is required in lieu of increasing the Clear Creek Drive right-of-way to
accommodate bicycle lanes. As a result, the multi-use path is a required street improvement that must
be either installed, or planned and bonded for as part of the subdivision.
The Planning Commission finds that the initial project approval here was a standard subdivision, and
Preliminary Subdivision Plat
Approval Criteria in AMC 18.5.7.030.A.3 which Access to individual lots necessary to
serve the development shall conform to the standards contained in section 18.4.3.080 Vehicle Area
Design. The applicant has requested a Variance to AMC 18.4.3.080.C.5, noting that the general code
provision preventing driveway access from the street where alley access is available does not account
for the unique specifics here, including: that the alley is very narrow and does not support two-way
traffic, especially not delivery vehicle or truck traffic; the property is located more than 500 feet from
where drivers enter the alley from Clear Creek Drive; and that the distance and configuration of the alley
prevent a driver from seeing obstructions as they enter, meaning that drivers may have to stop and back-
out of a narrow alley with limited visibility. The applicant further argues that the Vehicle Area Design
standards assume a complete gridded street system with a level of interconnectivity to allow a driver to
go around a block to reach their destination rather than having to back out. Here, both the street and the
parallel alley dead-end and are unlikely to be extended to provide any level of connectivity until the
-up at some as-yet-unknown future date.
The applicant further explains that as currently configured, drivers turning around at the end of either
Clear Creek Drive or the alley are trespassing if they go beyond a one-
A fence or other barrier to prevent such trespass could
be installed at the whim of the Railroad at any time, and would eliminate the existing turn-around areas.
The applicant concludes that a new driveway curb cut on Clear Creek Drive could also function as a de
facto hammerhead turn-around at the present terminus of Clear Creek Drive while supporting delivery
traffic as needed. To this end, the applicant has proposed a curb cut wide enough to support larger
vehicles (semi-trucks and emergency vehicles) while the proposed driveway itself would be narrower
and minimized so as not to appear as a primary access to the site.
The second approval criterion for a Major Modification is that, A modification adding or altering a
conditional use, or requiring a variance, administrative variance, or exception may be subject to other
ordinance requirements.In this instance, as noted above, the requested modification necessitates a
Variance, and the applicant has made a concurrent request for a Variance which is discussed in detail in
2.6 below.
The final criterion is that, The approval authority shall approve, deny, or approve with conditions the
application, based on written findings. The Planning Commission finds that a modification is merited
here. The alley is long, provides limited visibility for drivers as they enter, and there is not an adequate
turn-around in place. The level of interconnectivity ultimately anticipated with full development of the
, and the proposed driveway would provide a
turn-around at the present terminus of Clear Creek Drive while better accommodating delivery vehicles.
PA-T2-2020-00023
January 12, 2021
Page 12
A condition has been added to require that the driveway curb cut, apron and entry area be sized to
accommodate a standard turn-around as illustrated in AMC 18.4.6.040.G.5 and drawn to this standard
in the building permit submittals, and that if gated, the gate be placed a sufficient distance from the
property line that a standard semi stopped and waiting for the gate to be open will no extend into the
sidewalk corridor.
Based on the foregoing, the Planning Commission concludes that, as detailed above and with the
condition discussed, the proposal is consistent with the applicable criteria for a Major Modification to
the New Addition Sto allow a new driveway from Clear Creek
Drive.
2.6 The Planning Commission finds that the proposal satisfies all applicable standards specific to a
Variance.
The variance is necessary because the subject code
provision does not account for special or unique physical circumstances of the subject site, such as
topography, natural features, adjacent development, or similar circumstances. A legal lot determination
may be sufficient evidence of a hardship for purposes of approving a variance. The applicant suggests
that the requested Variance is necessary because the code provision that that prevents vehicular access
from the public street due to the presence of an alley (AMC 18.4.3.080.C.5) does not account for
substantial distance (i.e. more than 500-feet) from the subject property to the alley
Creek Drive, and that a turn in the alley prevents those entering from seeing if the alley blocked by
another vehicle, potentially requiring a driver to stop and back out of the alley. The applicant further
asserts that the code provision assumes that there is a complete, gridded street system that enables a
driver to navigate a block here or there to get around obstructions to reach their destination. Here, where
both the street and alley dead-end into a property whose development timeline is uncertain, the
connectivity to support use of the alley is lacking and the turn-around areas currently in use require
drivers to trespass onto the neighboring Railroad Property. The applicant argues that driveway curb cut
could function as a de facto hammerhead turn-around on Clear Creek Drive, and would also allow for
delivery vehicles to circulate through the property as needed.
The variance is the minimum necessary to address the special or
unique physical circumstances related to the subject site. The applicant proposes to install a curbcut
wide enough to accommodate large vehicles, while keeping the driveway itself narrower so as to
minimize
The third ap
on the development of the adjacent uses and will further the purpose and intent of this ordinance and
the Comprehensive Plan of the City. The application materials explain that a driveway curb cut on
Clear Creek Drive will function as a hammerhead turn-around near the present terminus of the street,
and will allows a driveway to be used by the subject property when delivery traffic demands it, and will
also support emergency vehicle access.
The need for the variance is not self-imposed by the applicant or
PA-T2-2020-00023
January 12, 2021
Page 13
property owner. For example, the variance request does not arise as result of a property line adjustment
or land division approval previously granted to the applicant. Here, the applicant explains that lack
of access through public right-of-way beyond the subject property prevents adequate circulation, is
based on a street system established with the subdivision
the property, and that the driveway curb cut proposed is a remedy which will provide both for delivery
vehicle circulation through from the alley and a hammerhead at the driveway entrance to provide a turn-
around at the current terminus of Clear Creek Drive.
The Planning Commission finds that a Variance is merited here. The alley is long, provides limited
visibility for drivers as they enter, and there is not an adequate turn-around in place. The level of
that is uncertain at best, and the proposed driveway would provide a turn-around at the present terminus
of Clear Creek Drive while better accommodating delivery vehicles. A condition has been added to
require that the driveway curb cut, apron and entry area be sized to accommodate a standard turn-around
as illustrated in AMC 18.4.6.040.G.5 and drawn to this standard in the building permit submittals, and
that if gated, the gate be placed a sufficient distance from the property line that a standard semi-truck
stopped and waiting for the gate to be open will no extend into the sidewalk corridor.
Based on the foregoing, the Planning Commission concludes that, as detailed above and with the
condition discussed, the proposal is consistent with the applicable criteria for a Variance to AMC
18.4.3.080.C.5 which would otherwise prevent a new driveway curb cut from Clear Creek Drive because
the lot has alley access available.
2.7 The Planning Commission finds that the proposal satisfies all applicable standards specific to a
Property Line Adjustment.
No additional parcel or lot is created by the
lot line adjustment.In this instance, the proposal would consolidate the two contiguous lots being
considered and would not create an additional parcel or lot.
Except as allowed for nonconforming lots,
pursuant to chapter 18.1.4, or as required by an overlay zone in part 18.3, all lots and parcels conform
to the lot standards of the applicable zoning district, including lot area, dimensions, setbacks, and
coverage, per part 18.2. If a lot does not conform to the lots standards of the applicable zoning district,
it shall not be made less conforming by the property line adjustment. As applicable, all lots and parcels
shall identify a buildable area free of building restrictions for physical constraints (i.e., flood plain,
greater than 35 percent slope, water resource protection zones).The Planning Commission finds that
with the requested adjustment, the property will conform to the applicable lot standards of the E-1 zoning
district as discussed elsewhere in this document.
All lots and parcels conform to the standards
in section 18.4.3.080 Vehicle Area Design. Lots and parcels that do not conform to the access standards
shall not be made less conforming by the property line adjustment. The Planning Commission notes
that the application includes a request for Variance to AMC 18.4.3.080.C.5 which is discussed in Section
PA-T2-2020-00023
January 12, 2021
Page 14
2.6 above, and finds that the proposal in its entirety otherwise complies with the applicable Vehicle Area
Design requirements, and that the Variance requested is not necessitated by the Property Line
Adjustment request.
Based on the foregoing, The Planning Commission concludes that, as detailed above, the proposal is
consistent with the applicable standards and criteria for a Property Line Adjustment.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that
the proposal for Site Design Review approval to construct an 11,220 square foot, two-story mixed-use
building, Property Line Adjustment to allow the consolidation of two lots, and a Variance/Major
Modification of the New Addition subdivision approval to allow a driveway to be installed from Clear
Creek Drive is supported by evidence contained within the whole record.
The building proposed will be an attractive addition to the Clear Creek Drive streetscape, and for the
Planning Commission the two keys considerations are the requested Variance/Major Modification to
allow a new driveway off of Clear Creek Drive and the requested reductions in off-street parking. The
application materials demonstrate why the driveway is needed, and it will provide an interim turn-around
and support delivery vehicle circulation until Clear Creek Drive is ultimately extended out to North
Mountain Avenue and a gridded street system develops in the area.
In terms of the requested reduction in off-street parking, the Commission finds that the credits allowed
in the Parking Management Strategies section are discretionary, and this discretion must be exercised to
balance efficiency, flexibility and functionality over the long term. In this instance, the
initial calculations are based largely on warehouse use, which has among the lowest parking
requirements, and request a substantial reduction in required parking from there. While the parking
proposed may be adequate for the uses currently proposed when on-street demand in the vicinity is
limited, it will not necessarily provide the future flexibility for the adaptive re-use discussed by the
applicant and may pose challenges to future intensification of use, particularly as the area fully develops,
on-street demand increases, or on-street parking is limited to one side of the street with the eventual
extension of Clear Creek Drive as a neighborhood collector.
The Commission finds that the paved area proposed will accommodate some additional parking with a
somewhat different configuration, and conditions have been included to require that a revised parking
plan providing at least ten off-street parking spaces be provided with the building permit submittals.
With that, the Commission concludes that the development merits approval with the conditions detailed
below. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the
following conditions, we approve Planning Action #PA-T2-2020-00023. Further, if any one or more of the
conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2020-00023 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 modified herein.
PA-T2-2020-00023
January 12, 2021
Page 15
That the plans submitted for the building permit shall be in substantial conformance with those
2.
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
this Site Design Review approval shall be submitted and approved prior to issuance of a building
permit.
3. That any new addresses shall be assigned by City of Ashland Engineering Department.
4. That permits shall be obtained from the Ashland Public Works Department prior to any work in the public
right of way, including but not limited to permits for new driveway approaches or any necessary
encroachments.
That the windows on the ground floor shall not be tinted so as to prevent views from into the
5.
interior of the building
That the front entrances adjacent to Clear Creek Drive shall remain functional and open to the
6.
public during all business hours.
That a sign permit shall be obtained prior to installation of any new signage. Signage shall meet
7.
the requirements of Chapter 18.4.7.
8.That the building permit submittal shall include:
a.Identification of all easements, including public and private utility easements, public
pedestrian access easements, and fire apparatus access easements.
b.Solar setback calculations demonstrating that all new construction complies with Solar
Setback Standard B in the formula \[(Height 16)/(0.445 + Slope) = Required Solar
Setback\] and elevations or cross section drawings clearly identifying the highest shadow
producing point(s) and the height(s) from natural grade.
c.Lot coverage calculations including all building footprints; driveways, parking, and
circulation areas; and any other areas other than natural landscaping. Lot coverage shall
be limited to no more than 85 percent as required in AMC 18.2.6.030.
d.Final electric service, utility and civil engineering plans including grading, erosion
control and drainage. All civil infrastructure shall be installed by the applicants,
inspected and approved prior to final inspection/occupancy approval.
e.The utility plan shall include the location of connections to all public facilities including
the locations of water lines and meter sizes, fire hydrants, sanitary sewer mains and
services, manholes and clean-outs, and storm drainage pipes and catch basins, along with
any backflow prevention measures required by the Water Department. Any required
private or public utility easements shall be delineated on the civil plans.
f.The final electric design and distribution plan shall include load calculations and
locations of all primary and secondary services including transformers, cabinets and all
other necessary equipment with the Final Plan application. This plan must be reviewed
and approved by the Electric Department prior to the signature of the final survey plat.
Transformers and cabinets shall be located in areas least visible from streets and outside
of vision clearance areas, while considering the access needs of the Electric Department.
g.That storm water from all new impervious surfaces and runoff associated with peak
rainfalls must be collected on site and channeled to the City storm water collection system
(i.e., curb gutter at public street, public storm pipe or public drainage way) or through an
approved alternative in accordance with Ashland Building Division policy BD-PP-0029.
PA-T2-2020-00023
January 12, 2021
Page 16
On-site collection systems shall be detailed on the building permit submittals. The storm
drainage plan shall detail the location and final engineering for all storm drainage
improvements associated with the project, and shall be submitted for review and approval
by the Departments of Public Works, Planning and Building Divisions. The storm
drainage plan shall demonstrate that post-development peak flows are less than or equal
to the pre-development peak flow for the site as a whole, and that storm water quality
mitigation has been addressed through the final design.
h.Final site lighting details.
i.A final size- and species-specific landscaping plan including irrigation details satisfying
the Water Conserving Landscaping Guideline in AMC 18.4.4.030.I. New landscaping
shall comply with the General Fuel Modification Area requirements and shall not include
plants listed on the Prohibited Flammable Plant List adopted by Resolution #2018-028.
All landscaping shall be installed according to the approved plan, and tied into the
existing irrigation system, inspected and approved prior to the issuance of a certificate of
occupancy.
j.That the requirements of the Ashland Fire Department relating to approved addressing;
fire apparatus access; a firefighter access pathway; fire flow; hydrant installation, spacing
and clearance; applicable fire sprinklers and alarm monitoring; fire department
connection; key box; extinguishers; limitations on obstructions to fire access; and
wildfire hazard area requirements shall be satisfactorily addressed in the permit
submittals.
k.A Fire Prevention and Control Plan addressing the General Fuel Modification Area
requirements in AMC 18.3.10.100.A.2 shall be provided prior to bringing combustible
materials onto the property, and any new landscaping proposed shall comply with these
adopted with Resolution #2018-028.
l.A revised Site Plan demonstrating that at least ten off-street parking spaces are provided
on site. Any accessible parking provided shall be limited to no more than required under
current building code.
m.The building permit submittals shall verify that the bicycle parking, spacing and coverage
requirements are met in accordance with 18.4.3.070.I. Inverted U-racks shall be used for
the bicycle parking, and all bicycle parking shall be installed in accordance with design
and rack standards in 18.4.3.070.I and J, inspected and approved by the Staff Advisor
prior to the issuance of the certificate of occupancy. If bicycle parking is to be provided
within the proposed buildings, final interior dimensions of the dedicated bicycle parking
areas shall be detailed on the building permit plans to insure adequate space has been
provided. A bicycle parking space located inside of a building for employee bike parking
shall be a minimum of six feet long by three feet wide by four feet high, shall be
accessible without moving another bicycle, and shall be clearly marked as reserved for
bicycle parking only.
9.That prior to the final inspection approval or issuance of a certificate of occupancy:
a.That street trees, one per 30 feet of street frontage, shall be installed in the Clear Creek
Drive frontage, inspected and approved by the Staff Advisor. All street trees shall be
PA-T2-2020-00023
January 12, 2021
Page 17
chosen from the adopted Street Tree List and shall be installed in accordance with the
specifications noted in Section E of the Site Design and Use Standards. The street trees
shall be irrigated.
b.That all landscaping in the new landscaped areas, and the irrigation system, shall be
installed according to the approved plan, inspected and approved by the Staff Advisor.
c.The new driveway curb cut/approach shall be installed under permit from the Public
Works Department and in accordance with the approved plan, inspected and approved
prior to the submittal of the final survey plat for signature. The driveway curb cut, apron
and entry area shall be sized to standard turn-around dimensions as illustrated in AMC
18.4.6.040.G.5. If the driveway is to be gated, the gate shall be placed a sufficient
distance from the property line that a standard semi-truck stopped and waiting for the
gate to be opened will not extend into the sidewalk.
d.Civil improvements including but not limited to utility installations shall be completed
according to approved plans, inspected and approved. Public improvements including
but not limited to street trees and street lighting shall be installed to City of Ashland
standards under permit from the Public Works Department and in accordance with the
approved plan, inspected and approved.
e.Any damage to the alley from utility installation or construction vehicles shall be repaired
under permit from the Public Works Department, inspected and approved.
f.That all exterior lighting shall be directed on the property and shall not directly illuminate
adjacent proprieties.
g.That the bicycle parking facilities shall be installed according to the approved plan,
inspected and approved by the Staff Advisor.
January 12, 2021
Haywood Norton, Chair Date
Planning Commission Approval
PA-T2-2020-00023
January 12, 2021
Page 18
ZONINGPERMITAPPLICATION
Planning Division
FILE #
51WinburnWay, Ashland OR 97520
541-488-5305Fax541-488-6006
SiteDesignReview fornew MixedUse Commercial Development
IncludesVariancetoallow fordriveway curbcutwhenalley
PropertyLineAdjustmenttoconsolidatelot
DESCRIPTIONOF PROJECT
PursuingLEED® Certification?YES NO
DESCRIPTIONOF PROPERTY
196 - 200 ClearCreek Drive
Street Address
09AC
391E
Tax Lot(s)
Assessor’s Map No.6604& 6605
Employment
E-1
ZoningComp Plan Designation
APPLICANT
RoguePlanning&DevelopmentServices,LLC
amygunter.planning@gmail.com
541-951-4020
NamePhoneE-Mail
97501
Medford
33 N CentralAvenue,Suite213
AddressCityZip
PROPERTYOWNER
BryandandStephanieDeboerbryandeboer@gmail.com
541-227-9001
E-Mail
Name
Phone
85WinburnWay
Ashland97520
CityZip
Address _
SURVEYOR, ENGINEER,ARCHITECT,LANDSCAPE ARCHITECT, OTHER
Architect Carlos Delgado Architects 541-552-9502carlos@carlosdelgaoarchite
TitleNamePhoneE-Mail
217FourthStreetAshland97520
AddressCityZip
EngineerMarkDew541-772-1399markdew@gmail.com
TitleNamePhoneE-Mail
815 BennettAvenueMedford97501
AddressCityZip
I herebycertifythatthestatementsandinformationcontainedinthisapplication,includingtheencloseddrawingsandtherequiredfindingsoffact,areinallrespects,
trueandcorrect. I understandthatallpropertypinsmustbeshownonthedrawingsandvisibleuponthesiteinspection.Intheeventthepinsarenotshownortheir
locationfoundtobeincorrect,theownerassumesfullresponsibility. I furtherunderstandthatifthisrequestissubsequentlycontested,theburdenwillbeonmeto
establish:
1)that I produced sufficientfactualevidence atthe hearing to support thisrequest;
2)thatthefindingsoffact furnished justifiesthegranting oftherequest;
3)thatthefindingsoffact furnished bymeareadequate;andfurther
4)thatallstructuresor improvementsareproperlylocatedon theground.
Failureinthisregardwillresultmostlikelyinnotonlytherequestbeingsetaside,butalsopossiblyinmystructuresbeingbuiltinreliancethereonbeingrequiredto
be removed atmyexpense.If Ihave anydoubts, I am advised toseekcompetentprofessionaladviceandassistance.
October2, 2020
Applicant’s SignatureDate
As owner of the property involved in this request, I have read and understood the complete application and its consequences tomeas a property
owner.
October 5, 2020
Bryan DeBoer (Oct 5, 2020 08:16 PDT)
PropertyOwner’sSignature(Date
required)
\[To becompleted by City Staff\]
Date ReceivedZoning Permit TypeFiling Fee $
OVER
Received 11.5.2020
ZONINGPERMITSUBMITTALREQUIREMENTS
APPLICATIONFORMmustbecompletedandsignedbybothapplicantandpropertyowner.
FINDINGSOFFACT – Respondtotheappropriatezoningrequirementsintheformoffactualstatementsor
findingsoffactandsupportedbyevidence.Listthefindingscriteriaandtheevidence thatsupportsit.Include
informationnecessarytoaddressallissuesdetailedinthePre-ApplicationCommentdocument.
2SETSOFSCALEDPLANSnolargerthan11”x17”.Includesiteplan,buildingelevations,parkingandlandscape
details.(Optional – 1additionallargesetofplans,2’x3’,touseinmeetings)
FEE(Check,ChargeorCash)
LEED®CERTIFICATION(optional)– Applicant’swishingtoreceivepriorityplanningactionprocessingshall
providethefollowingdocumentationwiththeapplicationdemonstratingthecompletionofthefollowingsteps:
HiringandretainingaLEED®AccreditedProfessionalaspartoftheprojectteamthroughoutdesignand
constructionoftheproject;and
TheLEED®checklistindicatingthecreditsthatwillbepursued.
NOTE:
Applicationsareacceptedonafirstcome, firstserved basis.
Applicationswillnotbeacceptedwithouta completeapplicationformsignedbytheapplicant(s)ANDproperty
owner(s),allrequiredmaterialsand full payment.
Allapplicationsreceivedarereviewedforcompletenessbystaffwithin30daysfromapplicationdateinaccordance
withORS227.178.
ThefirstfifteenCOMPLETEapplicationssubmittedareprocessedatthenextavailablePlanningCommission
meeting. (
Planning Commission meetings include the HearingsBoard, which meets at 1:30 pm, or the full Planning Commission,which
).
meets at 7:00 pm on the secondTuesday of each month.Meetings are held at the City Council Chambers at 1175 East Main St
Anoticeoftheprojectrequestwillbesenttoneighboringpropertiesfortheircomments or concerns.
Ifapplicable,theapplicationwillalsobereviewedbytheTreeand/orHistoricCommissions.
Received 11.5.2020
ROGUE PLANNING & DEVELOPMENT SERVICES, LLC
200 Clear Creek Drive
Site Design Review
Variance to allow Driveway Curbcut
Modification of Subdivision
Property Line Consolidation
Received 11.5.2020
October 2, 2020
Site Design Review Approval
for new mixed-use commercial building
and a Variance to the curb cut requirements from a commercial collector street.
Property Owner: Bryan and Stephanie Deboer
85 Winburn Way
Ashland, OR 97520
Architect: Carlos Delgado Architects
217 Fourth Street
Ashland, OR 97520
Land Use Planner: Rogue Planning & Development Services, LLC
Amy Gunter
33 N Central Avenue #213
Medford, OR 97501
Engineer: Mark Dew
815 Bennett
Medford, OR 97501
Landscape Design: Terrain Landscape Architect
33 N Central Avenue #210
Medford, OR 97501
Subject Property
Address: 196 – 200Clear Creek Drive
Map & Tax Lot:39 1E 09 AB; 6604, 6605
Comprehensive Plan Designation: Employment
Zoning: E-1
Overlays: Detail Site Review Zone
Residential Overlay
Received 11.5.2020
Request:
Request for Site Design Review for an 11,220 square foot,two-story, mixed-use commercial building.
The proposed structure consists of 1,268 square feet of office, a 5,012 square feet warehouse space, a
3,040 square foot warehouse, and a 1,584 square foot residence.
The proposal includes a request to modify a condition of approval from the October2000 New Addition
Subdivision approval and requests a variance to allow for a driveway curb cut from Clear Creek Drive.
The shared property line between Lots 5 and 6 will be consolidated.
Property Description:
The subject property is on the south side of Clear
Creek Drive and consists of two tax lots, Lot 5 and
Lot 6 of the New Addition Subdivision. The
subdivision was approved in 2000 and platted in
2002.
Lot 5 has a frontage width of 58.14 feet and Lot 6
frontage is 84.86 feet. The combined frontage of
the lots is 141 feet. The lots each extend over 200
feet to the south.Each lot is .27 acres for a
combined lotarea of .54 acres or, 23,522 square
feet in area.
A 20-foot-wide public alley abuts the south property line.
The property is vacantof structuresand there are no significant natural features on the property. The
site slopes generally from the south to the northeast with an approximately 8 - 12 percent slope from
south to north/northeast. There is a steep embankment along the east property line to the open storm
drainage ditch along the east property line. The storm drain line is an easement throughthe Railroad
property to the east.
According to the Transportation System Plan, Clear Creek Drive is a Commercial Collector street. There
is a 60-foot wide public right-of-way that terminates into a one-foot street plug at the end of the
pavement which ends just past the subject lot’seast property line. There is a five-foot-wide, public
sidewalk with a seven-foot park row that is present along the frontage of the property. There are no
street trees in the park row.
A public alley with a 20-foot wide right-of-way terminates at the east property line of the subject site.
There is a one-foot street plug at the terminus of the alley. The alley surface is in poor condition. The
railroad tracks are south of the alley public right of way.
Received 11.5.2020
A ten-foot-wide Public Utility Easement (PUE) is present alongClear Creek Drive. There are utility boxes
and cabinets for various public utilities in the PUE. A five-foot pedestrian access easement exists along
the west property line of 196 Clear Creek Drive. A 10-foot public utility easement is present along the
south property line adjacent to the public alley.
The property and the adjacent properties are zoned
Employment (E-1). The subject property and the
properties to the east, west, and south have the
residential overlay. The property to the north, across Clear
Creek Drive, are developed with employment type of
businesses and do not have the residential overlay. The
property to the east is a large acre vacant parcel owned by
Union Pacific Railroad.
The properties are also in the Detail Site Review overlay
and the Wildfire Hazards overlay.
Detailed Proposal:
The request is for Site Design Review for an 11,220 square foot, two stories, mixed-use, commercial
building. A modification of a condition of approval from the October2000 Subdivision and requests a
variance to allow for a driveway curb cut to serve the parcel from Clear Creek Drive.
The proposed 11,220 square foot building is proposed to have 1,268 square feet, of the ground floor as
office space. The office suite has two separate office spaces and a shared conference room. Each office
suite has a prominent public entrance facing Clear Creek Drive. A portion of the ground floor, 316 square
feet is dedicated to the entry area of the second-floor residential unit. To the east of the ground floor
office and residential portion, the façade of the building continues with a three-sided and covered
carport structure that is integrated into the horizontal plane of the building along the public street. The
roof of the carport provides private outdoor space for the residential unit above.
To the rear of the office space is a 5,012 square feet warehouse space. This warehouse space, Warehouse
A, is proposed to be accessed from the secure parking area with a large roll-up garage door and a entry
door. A second, 3,040 square foot warehouse space, Warehouse B, is to the rear of the larger warehouse.
This space is accessed via the rear of the building, with a entry door and a roll up garage door that face
the parking area and the alley. The uses are shell space for warehouse tenant and office tenant.
Warehouse uses and office are both permitted uses in the zone.
Received 11.5.2020
The second floor is proposed to be 1,584 square feet. The residenceis accessed via the front of the
property from the public sidewalk, or from the secure parking area. The 316 square foot entry area has
a small foyer and ½ bath, stairway up to the two-bedroom, two-bath unit above.
The structure as a mixed-use will have fire occupancy separations and sprinklers and necessary to allow
for the adaptive reuse of the ground floor spaces and provides safety protections for the residential unit
as well.
The structure is setback the minimum distance to provide clearance for the 10-foot public utility
easement and to provide of the pedestrian plaza area between the structure and the front property line.
To comply with the minimum floor area ratio of .50FAR; 561 square feet of pedestrian plaza area is
required. The proposal within the detail site review overlay and is more than 10,000 square feet of gross
floor area, requires one square foot of plaza space for every ten square feet of gross floor area. The
11,220 square foot structure requires 1,120 square feet of the plaza area. At the front of the building
between the structure and the public right-of-way, 1,215 square feet of plaza area is provided. The plaza
area includes features for seating, shade, weather protection, and functional use.
The two-story building is proposed as a barrel roofed structure. Strong orientation to the public street
with accessible pedestrian access from the public sidewalk to the ground floor commercial tenant office
space is shown. The structure is required to be elevated above the street per the conditions of approval
from the subdivision, a short run of stairs connects the pedestrian plaza areas to the entrance to the
offices.
The proposed landscape plan complies with Wildfire Standards for plant materials, irrigation measures
limited placement of mulch, etc. Additionally, the proposal includes Firewise landscaping along the east
side of the structure where within five-feet of the structure. There are shade trees within the pedestrian
plaza area, and irrigated street trees will be planted within the landscape park row.
Maximum lot coverage:
Up to 85 percent of the site is allowed to be covered with impervious surfaces, this includes all
impervious surfaces including driveway, parking area, paths, and other solid surfaces. The proposal has
85 percent lot coverageand 15 percent landscape coverage.
Parking:
There are 13 parking spaces required for the proposed development. The 1,268square foot office area
requires 2.5 parking spaces (1268/500=2.5). The warehouse areas require 8.05 spaces (8,052 / 1000 =
8.05) and the residential unit requires 1.75 spaces for a total of 12.3 spaces, rounded up to 13.
Received 11.5.2020
The proposal provides for eight (8) parking spaces on-site with four (4) spaces accessed directly from the
public alley at the rear of the property. There is a driveway from the alley leading into a fully screened,
secure parking area. This parking area also has four spaces. These spaces are provided within carport
structures. A three-vehicle parking structure is proposed at the north end of the parking area and a
fourth space is provided parallel to the structure under a cantilevered canopy.
The residential unit requires 1.75 parking spaces. Utilizing allowed Parking Management Strategies,
these spaces are proposed to be shared within the secure parking area and the proposal seeks a joint
useof facilities credit. Finally, there are four on-street parking spaces along the frontage of the property.
The combination of the eight parking spaces, a joint-use credit for the residential parking spaces, and
the on-street credit provides more than 50 percent of the required parking on-site with the proposed
eight on-site, and three of the four available on-street parking spaces as a credit.
The proposed on-site parking areas are behind the front façade of the structure, and to the rear of the
proposed building.
The proposal seeks a variance to allow for a driveway curb cut from Clear Creek Drive. There are many
reasons for this request but primarily it is to provide adequate vehicularand delivery truck turnaround,
access and safety expected in the Employment zone.
The alley begins more than 500-feet from the subject properties, with no down block view of the alley.
The alleyway is very narrow and does not support two-way vehicular traffic, especially not truck traffic.
Delivery vehicle and truck traffic should be anticipated considered in the employment zone.
The proposed internal parking area, and the property perimeter, would be screened with a block wall
and an electric gate that fully screens the interior parking area from the public street. The full screening
and security fencing allows for uses in warehouse unit A that need additional safety measures and/or,
the screening allows for the adaptive use of the warehouse space for a business in the E-1 zone and with
a special permitted use or conditional use permit review, outdoor storage is allowed when fully screened
from view.
Adequate bicycle parking will be in various locations around the site to provide the most convenient
parking for the various users. There is a U-rack proposed behind the sidewalk at the front of the building
visible from Clear Creek Drive. Under the cover of the covered parking area, two spaces are proposed.
Within each warehouse unit, additional spaces are proposed. All proposed bicycle parking areas will
comply with the bicycle parking standards. The bicycle parking will be located in a manner that provides
adequate commercial customer and residential parking area.
Received 11.5.2020
Residential Dwelling Unit:
The allowed residential density is .54 X 15 = 8.1 dwelling units. The proposed development has one unit
proposed.
The 316 square foot ground floor foyer and stairway for the residential unit is less than 35 percent of the
9,636 square foot ground floor area devoted to permitted or special permitted uses in the zone.
The parking area for the residential unit is proposed to be shared with the commercial parking areas
required as a joint-use credit. The uses of the residence and the ground floor uses are offset in their
hours of use between business hours of operation and ‘typical’ residential hours of use. Additionally, the
residence is connected to the ground floor office via an interior doorway allowing for a live-work
situation where the tenant is also part of the business thus requiring one parking space.
Property Line Consolidation:
The shared property line between Lots 5 and 6 of the New Addition Subdivision will be consolidated into
one tax lot of record. The proposed site development crosses the property line nullifying it. No new lot
of record is created. Jackson County Assessor and Surveyors office requires a Lot Line Consolidation form,
this will be provided for through the Jackson County Assessor’s office.
Findings of Fact:
The following information addressing the findings of fact for the applicable criteria from the Ashland
Municipal Code are provided on the following pages. For clarity, the criteria are in Arial font and the
applicant’s responses are in font.
Times New Roman
Received 11.5.2020
Findings addressing Criteria fromthe 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.
It can be found that the proposal complies with the standardsfor mixed-use, commercial/residential
development from 18.2. from commercial development in the Employment zone.
The property is zoned Employment (E-1). The lot area and dimensions are increased through the proposed
property line consolidation. There is no minimum or maximum lot dimension, or lot area in the E-1 zone.
The proposed uses of the siteare uses that are allowed as permitted,special permitted, and conditional
uses. The majority of the property is proposed to be utilized forcommercial/employment uses such as
office, and warehouse/storage. These are permitted uses in the zone. The residence is a special permitted
use.
The proposed structure is oriented towards the public street and the covered, visually prominent,
pedestrian-oriented entrances. The entrances are setback 16-feet from the front property line, the
remainder of the façade is 10-feet from the street. The area between the building and the street is a
public utility easement and there is a pedestrian plaza area between the sidewalk and the structure.
Along the south side of the structure, there is a ten-foot public utility easement but there are no required
structural setbacks. As proposed, the building is setback to provide head-in surface parking, landscape
swale areas, pedestrian access, truck/vehicular access, and site circulation. The west side provides a five-
foot, one-inch setback where the five-foot public pedestrian access easement is located. Openings along
this side of the structure will comply with fire separation and fire rating standards.
The west side setback is 34-feet, 5/8 of an inch to the side of the structure.
The proposed single residential unit is less than the allowed density of seven units in the zone.
The landscape plan was designed as a Wildfire Overlay zone compliant and where landscaping is within
five-feet of the structure, the landscaping is Firewise compliant. The plan calls for 15 percent of the site
area to be landscaped. The landscape area includes a stormwater filtration system before the stormwater
enters the onsite detention system that then overflows to the public system.
All sides of the structure have architectural interest. The front façade is spatially defined through the use
of different materials. The primary material is a standing seam metal siding on a vertical orientation.
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There is split face, concrete masonry unit block, hardi-board, and clear coated horizontal wood plank
wall.
The two-story portion of the proposed structure has a barrel-shaped roof, the single-story portion is a flat
roof that provides a rooftop deck for the residential unit. With 28-feet, 4 ½ inches at the apex of the roof,
the building is less than the maximum building height in the E-1 zone. The proposed structure complies
with solar setbacks and the right-of-way at 60-feet in width and the 16-foot setback from the subject
property’s north property line, solar shadow will fall within the street right-of-way.
18.2.3.130 Dwelling in Non-Residential Zone
A. Dwellings in the E-1 zone are limited to the R-overlay zone. See chapter 18.3.13 Residential
Overlay.
The property is within the R-overlay.
B. Dwellings in the E-1 and C-1 zones shall meet all of the following standards:
1. Mixed-Use Developments. If there is one building on a site, ground floor residential uses shall
occupy not more than 35 percent of the gross floor area of the ground floor. Where more than one
building is located on a site, not more than 50 percent of the total lot area shall be designated for
residential uses. At least 65 percent of the gross floor area of the ground floor shall be designated
for permitted uses and uses permitted with special use standards, not including residential uses.
There is one building on the site. The gross floor area of the ground floor is 9,636 square feet. Of
this, 9,320 square feet is designated for permitted uses and special permitted uses. There is 316
square foot area of the ground floor that is residential which is three percent of the total gross
floor area of the ground floor.
2. Residential densities shall not exceed 15 dwelling units per acre in the E-1 zone, 30 dwelling
units per acre in the C-1 zone, and 60 dwelling units per acre in the C-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.
There is one residential dwelling which is less than what the allowed density would be. The
allowed density of the property is seven units. The proposed density complies.
3. Residential uses shall be subject to the same setback, landscaping, and design standards as for
permitted uses in the underlying zone.
The setbacks, landscaping, and design standards that have been applied to the residence is the
same as those of the underlying E-1 zone.
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4. Off-street parking is not required for residential uses in the C-1-D zone.
The property is in the E-1 zone. Residential use requires 1.75 parking spaces. The required parking
for the residential use is proposed to be a mixed-use / joint use credit between the commercial
business space and the residential tenant space.
B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3).
The property is subject to Basic and Detail Site Design Review. The property also has a residential overlay.
The proposal complies with the standards for the overlay zones. Findings are detailed herein.
The proposed landscape plan also complies with the standards from the Wildfire Hazards Overlay
requirements and does not use plants from the prohibited plant list.
C. Site Development and Design Standards. The proposal complies with the applicable Site
Development and Design Standards of part 18.4, except as provided by subsection E, below.
18.4.2.040 Non-Residential Development
The proposed development of the Employment zoned land with a mixed-use commercial
structure will have a positive impact upon the Clear Creek Drive streetscape. The building is
proposed to have a minimal front setback area. The building façade occupies the majority of the
façade and there is clear, pedestrian and access from the public street to the entrance
The residential foyer is connected to the commercial space allowing for a live / work scenario.
B. Basic Site Review Standards.
1. Orientation and Scale.
The proposed building’s primary orientation is towards Clear Creek Drive. The proposed
parking is behind the building. There is no automobile parking or circulation between the
building and the street.
The building’s façade is 104-feet of the 141-foot wide frontage. Though a driveway apron
is proposed, the building façade occupies nearly 74 percent of the lot frontage. The façade
occupies the majority of the lot frontage.
Space created by the driveway opening along the east property line is designed consistent
with the Site Design Standards and the space consists of landscaping and hard durable
surface materials that highlight pedestrian areas along Clear Creek Drive. The space on
the west side is five feet with a five-foot easement on the adjacent property to the west.
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This space will be improved with compacted gravel walking surface for pedestrian access
between the structures that is fire resistant, minimal maintenance and allows pedestrian
passage but no loitering
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.
Public sidewalk and landscape park row exist along a portion of the frontage. This
complied with the standards for Clear Creek Drive at the time of the subdivision
development. Pedestrian plaza area, with hardscape surface treatments between the
sidewalk and the property, provides pedestrian access to the street-facing business
entrances directly accessible from the public sidewalk.
2. Streetscape.
There are street trees shown on the proposed landscape plan within the park row for
Clear Creek Drive. The street trees were proposed, and the spacing complies with
18.4.4.030.E.
3. Landscaping.
The proposed landscape areas comply with the minimum required landscape standards
and 15 percent of the site has been provided as a landscape area. A common recycle and
refuse area is on the site, screened from view, and accessible from the alley.
4. Designated Creek Protection.
Not applicable
5. Noise and Glare.
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.
Not applicable
Received 11.5.2020
C. Detailed Site Review Standards.
The subject property is within the Detailed Site Review Standards Overlay.
1. Orientation and Scale.
Floor Area Ratio (FAR) of 0.50.
The proposed structure and the pedestrian plaza area complies with the Floor Area Ratio
of .50 (11,761 square feet). The proposed structure is 11,220 square feet and there is just
over 1,200 square feet of plaza area proposed for a total of 12,435 square feet which is
more than the required .50 FAR.
The building frontage is 104-feet in length. There are distinctive offsets and material
changes in the façade and in the building height along the facade that break up the
massing and scale of the structure.
All of the front façade walls are within 30-feet of the public street. Substantially more
than 20 percent of the wall area facing the street is windows or doorways. The windows
allow view into the working areas of the offices.
There are large windows on either side of the commercial business entrance. There is a
cantilevered overhang to protect pedestrians from the elements.
No blank walls are proposed.
2. Streetscape.
Colored and scored concrete is proposed to designate people areas from the public
sidewalk. The building is required to be set back more than five feet due to the public
utility easement. The area is proposed to be used for pedestrian activities and outside
eating areas.
3. Buffering and Screening.
Landscape buffers are proposed between the surface parking spaces adjacent to the
alley and the west property line. A landscape buffer of six-feet is proposed along the east
side of the parking area. The parking area and the interior area of the site is proposed to
be screened from the adjacent railroad property with a six-foot-tall solid panel and CMU
building material screen.
4. Building Materials.
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More than 15 percent of the exterior walls have substantial changes in relief. There is a
substantial base, there are changes in façade materials with the use of vertical standing
seam metal siding, split-face concrete block, horizontal, wooden plank siding, and
hardboard. There are bronze colored, aluminum storefront style windows and doors. No
bright or neon paint colors are proposed the majority of the building is not glass.
D. Additional Standards for Large Scale Projects.
The property is within the detail site review overlay and the structure is proposed to be more
than 10,000 square feet in area.
The building is oriented towards Clear Creek Drive. The buildings mass along the street is divided
into two separate masses. The structure has a human scale incorporated though the changes in
setback and orientation in materials. A sheltering roof to provide pedestrian shelter and adds a
horizontal element to the front façade. The pattern of the windows and the doors is distinct and
relates to the spaces within the structure.
The building does not exceed 45,000 square feet with 9,636 square feet in area.
The building length is not more than 300-feet.
The proposed building requires 1,120 square feet of plaza space. The plaza spaces are provided
along the sidewalk between the building and the street. The plaza spaces incorporate sitting
space, space for eating, a mixture of sunlight and shade areas under the marquee and near the
plaza area trees. The plaza area surface includes colored and or scored concrete.
18.4.3 Parking Access and Circulation:
There are 13 parking spaces required for the proposed development. The 1,268 square foot office
area requires 2.5 parking spaces (1268/500=2.5). The warehouse areas require 8.05 spaces (8,052
/ 1000 = 8.05) and the residential unit requires 1.75 spaces for a total of 12.3 spaces rounded to
13.
The proposal provides for eight (8) parkingspaces on-site with four spaces accessed directly from
the public alley at the rear of the property. There is a driveway from the alley leading into a fully
enclosed, secure parking area. This parking area also has four spaces. These spaces are provided
within carport structures. A three-vehicle parking structure is proposed at the north end of the
parking area and a fourth space is provided parallel to the structure under a cantilevered canopy.
The residential unit required 1.75 parking spaces. Utilizing allowed Parking Management
Strategies, these spaces are proposed to be shared within the secure parking area and the
Received 11.5.2020
proposal seeks a joint use of facilities credit. Finally, there are four on-street parking spaces along
the frontage of the property. The combination of the eight parking spaces, a joint-use credit for
the residential parking spaces, and the on-street credit provides more than 50 percent of the
required parking on-site with the proposed eight on-site, and three of the four available on-street
parking spaces as a credit.
The proposed on-site parking areas are behind the front façade of the structure, and to the rear
of the proposed building
The proposed internal parking area and warehouse vehicle and delivery maneuvering area is
proposed to be screened with a block wall and an electric gate that fully screens to fully screen
the site from the public rights-of-way of the street and the alley, and from the adjacent properties
to the east. The full screening and security fencing allows for uses in warehouse Unit A that need
additional safety measures and/or, the screening allows for the adaptive use of the warehouse
space for a business in the E-1 zone and with a special permitted use or conditional use permit
review, outdoor storage is allowed when fully screened from view.
Adequate bicycle parking will be in various locations around the site to provide the most
convenient parking for the various users. There is a U-rack proposed behind the sidewalk at the
front of the building visible from Clear Creek Drive. Under the cover of the covered parking area,
two spaces are proposed. Within each warehouse unit, additional spaces are proposed. All
proposed bicycle parking areas will comply with the bicycle parking standards. The bicycle parking
will be located in a manner that provides adequate commercial customer and residential parking
area.
There is an ADA, van accessible parking space proposed to the south of the building with an
accessible route to the south warehouse space and access to the pedestrian walkway. Within the
parking area there is a second ADA accessible parking space.
Primary vehicular access is proposed from the public alley to the parking areas and the vehicle
parking and maneuvering area for Unit A. To improve access to and though the property for
expected large vehicle truck traffic, delivery vehicle, emergency vehicle, etc. and to address the
turnaround issues caused by the length of the public alley and the distance of the property from
the alley intersection a driveway curb cut from the public street is request. This necessitates a
variance. Findings addressing variance criteria are provided.
18.4.3.080 Vehicle Area Design
A. Parking Location
All proposed parking is behind the façade of the structure and is to the side of the structure.
Received 11.5.2020
B. Parking Area Design.
The parking areas are proposed in two separate areas. In both parking areas the parking spaces
are 9-feet wide and 18-feet deep. The paved parking spaces will all have adequate back-up and
turn around area.
There are four head in spaces adjacent to the alley along the south property line. The parking
spaces are buffered from the structure with landscape planters that will function as stormwater
swales. This parking area is designed to capture and treat surface run-off through the landscape
swale.
The parking spaces within the secure parking area are all proposed to be covered which will
reduces the microclimatic impacts of the parking spaces which complies with AMC
18.4.3.050.B.5 even though not required.
There are parking lot shade trees and parking lot landscape buffers that comply with the
standards for parking area design.
C. Vehicular Access and Circulation.
The proposed development has proposed a circulation system that accommodates expected
traffic on the site. There are all weather surfaced, pedestrian connections on the site that lead
from the parking areas to the structure. There is pedestrian connectionsfrom the street to the
structure as well.
The proposal seeks a variance to AMC 18.4.2.080.C.5. Alley access. The proposal seeks to take
access from the alley and to provide a curbcut from the adjacent public street.
18.4.7 Signs.
The signs for the individual businesses will comply with the sign code standards for sign area
based upon business frontage with the sign sizes varying based on the tenant needs.
18.4.8 Solar Access.
To the north, there is a 60-foot-wide right-of-way for Clear Creek Drive. The proposed structure
complies with the 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
Received 11.5.2020
access to and throughout the property, and adequate transportation can and will be provided to the subject
property.
Adequate city facilities exist to service the proposed development. All plans will be submitted to the City
of Ashland Public Works Department, Engineering Division and the City of Ashland Electric Division for
review and approval.
Sanitary Sewer - The property is currently served by an 8-in sanitary sewer main in Clear Creek Drive.
The existing main ends short of the end of the current street improvements so the main will be extended
from the existing terminus to a spot adjacent to the new development.
Water - The property is currently served by an 8-in water main in Clear Creek Drive. City of Ashland
Water Department will tapthe existing water main and install the new water services and water meter
boxes that are proposed.
Storm Drainage - The property is currently served by a 12-in storm sewer main in Clear Creek Drive.
Storm Water Facility Design Requirements
The development will create more than 2,500 square feet of impervious surface, the proposed
stormwater drainage facility plans created by the project civil engineer complies with the requirements
of the DEQ MS4 General Permit phase 2. The proposal follows the guidance and requirements set forth
in the current Rogue Valley Stormwater Quality Design Manual.
E. Exception to the Site Development and Design Standards. The approval authority may approve
exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either
subsection 1 or 2, below, are found to exist.
No exceptions are requested.
Variance
18.5.5.050
A. The approval authority through a Type I or Type II procedure, as applicable, may approve a variance
upon finding that it meets all of the following criteria.
1. The variance is necessary because the subject code provision does not account for special or
unique physical circumstances of the subject site, such as topography, natural features, adjacent
development, or similar circumstances. A legal lot determination may be sufficient evidence of a
hardship for purposes of approving a variance.
The requested variance is necessary because the code provision that that prevents vehicular
access from the public street due to the presence of an alley (AMC 18.4.3.080.C.5). The code
provision does not account for substantial distance of more than 500-feet that the subject
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property is located from the where the alley intersects with the street and that a view from the
street down the alley is not possible from the street requiring a driver enter the alley and
possibly need to stop and reverse out of the alley.
Additionally, the provision assumes that there is a complete street system that allows for a
gridded street so a driver can go around a block to reach their destination. Due to the dead
ending of the street and the alley into land that needs substantial environmental clean up
before development, it is not known when the north/south alley connection will be made to
allow through traffic.
The conditions of approval of the subdivision included a condition of approval that prevented a
curb cut Clear Creek Drive.
Presently all turn-around of the public street and the alley is trespassing past a 1-foot street plug
and on the Railroad owned property. A fence or other barrier to prevent this trespass could be
installed and then there is no turn around for vehicles, emergency service vehicles and for
customers or delivery trucks. A driveway curb cut allows for a hammerhead turn around to be
created and allows for a driveway to be used by the subject property when delivery traffic
demands it.
2. The variance is the minimum necessary to address the special or unique physical
circumstances related to the subject site.
The variance is the minimum necessary to address the unique circumstances. The proposed
curbcut is wide enough to accommodate large vehicles including semis, the driveway surface is
narrower and more intended to be minimal in appearance to not have it appear like the primary
access.
3. The proposal’s benefits will be greater than any negative impacts on the development of the
adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive
Plan of the City.
A driveway curb cut allows for a hammerhead turn around to be created and allows for a driveway
to be used by the subject property when delivery traffic demands it. The variance allows for
adequate vehicular and delivery truck access and safety expected in the Employment zone.
The city’s street design standards require that when there is alley access to a property, access to
the parcel Condition #7 of the six-lot subdivision that created the subject lots, prohibited access
from Clear Creek Drive. At the time of subdivision, it was anticipated that the railroad property
adjacent would eventually develop and that the street and the alley would not dead-end just east
Received 11.5.2020
of the subject properties. The alley begins more than 500-feet from the subject properties,
hundreds of feet from the intersection. The alleywayis very narrow and does not support two-
way vehicular traffic, especially not truck traffic. Delivery vehicle and truck traffic should be
anticipated considered in the employment zone.
4. The need for the variance is not self-imposed by the applicant or property owner. For
example, the variance request does not arise as result of a property line adjustment or land
division approval previously granted to the applicant.
It can be found that the lack of access through the public right-of-way past the property prevents
adequate access and the driveway curb cut provides that access. Additionally, there is no legal
vehicular or emergency vehicle and fire apparatus access turn around due to the street plugs at
the alley and the public street terminus. Though presently, trespassing occurs on the railroad
owned property, that property owner could at any time prevent future trespass and block the
gravel turnaround. The proposal provides a hammerhead for turn around in the event passing the
pavement is prohibited.
The variance is necessary for a specific code section and not caused by the property owner due to
a property line adjustment.
Major Modification
18.5.6.030
4. A change in the type and/or location of vehicle access points or approaches, driveways, or parking
areas affecting off-site traffic if the change could cause a significant adverse impact on traffic operations
or safety.
The proposed driveway curb cut from Clear Creek Drive is a change of conditions from the original
approval (PA2000-096). The proposal adds a curb cut to provide vehicular traffic, specifically larger
vehicle truck traffic anticipated in Employment zones serving structures that include warehouse spaces
to and through the site. The curb cut from Clear Creek Drive is not intended to be the primary access as
the office space and the rear warehouse space are both accessed outside of the fenced parking area.
The impact to the street will be minimal as there is access and parking area provided from the alley an
public, on-street parking. The proposed curb cut will not have a significant adverse impact on traffic
operations or safety because for the foreseeable future, the private railroad property which requires an
environmental clean up which was supposed to begin (again) in 2018 has not commenced and no
further information is available from the railroad or from the city of Ashland website railroad clean-up
tab.
C. Major Modification Approval Criteria. A Major Modification shall be approved only upon the
approval
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authority finding that all of the following criteria are met.
1. Major Modification applications are subject to the same approval criteria used for the initial
project approval, except that the scope of review is limited to the modification request. For
example, a request to modify a commercial development’s parking lot shall require Site
Design Review only for the proposed parking lot and any changes to associated access,
circulation, etc.
The modification request seeks to allow a curb cut from the public street when there is alley
access present. A condition of approval explicitly prohibited curb cuts, this proposal seeks to
remove that condition. This necessitates a variance.
At the time of the subdivision, the criteria was specific to following the requirements for
drawing of the map but there is not a discussion of block length or through access excepting
the following statement.
2.3 The Commission finds that all necessary public facilities, utilities and services are
available to serve the six tax lots. Public facilities are located within the right-of-way of Clear
Creek Drive and within the public alley adjacent to the project. The Commission finds that the
multi-use path adjacent to the alley is required in lieu of increasing the Clear Creek Drive
right-of-way to accommodate bicycle lanes. As a result, the multi-use path is a required street
improvement that must be either installed, or planned and bonded for as part of the subdivision.
This condition does not address vehicular traffic, connectivity or to and through traffic.
2. A modification adding or altering a conditional use, or requiring a variance, administrative
variance, or exception may be subject to other ordinance requirements.
The modification request necessitates a variance. Criteria addressing the variance are found
above.
3. The approval authority shall approve, deny, or approve with conditions the application, based
on written findings.
It can be found that the written findings of this application provide adequate justification to
approve the requested subdivision modification to allow the curb cut.
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BEFORE THE PLANNING COMMISSION
October 10, 2000
IN THE MATTER OF PLANNING ACTION #2000-096, REQUEST FOR )
PRELIMINARY PLAT APPROVAL OF A SIX-LOT SUBDIVISION) FINDINGS,
OF PARCEL 6 ON CLEAR CREEK DRIVE.) CONCLUSIONS
) AND ORDERS
)
APPLICANT: JAMES LEWIS)
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RECITALS:
1) Tax lot 6600 of 391E 09AB is located on Clear Creek Drive and is zoned E-1; Employment.
2) The applicant is requesting to subdivide the parcel into six lots. Site improvements are outlined on
the preliminary plan on file at the Department of Community Development.
3) The criteria for Preliminary Plan approval are as follows:
A. Submission.
The subdivider shall submit eight (8) copies of a preliminary plat and other
supplementary material as may be required to indicate the general program and
objectives of the project to the office of the Director of Public Works. The plat shall be
prepared by a registered surveyor.
B.Scale.
The preliminary plat shall be drawn on a sheet eighteen (18) inches by twenty-four
(24) inches in size at a scale no smaller than one (1) inch equals one hundred (100) feet.
C.General information.
The following general information shall be shown on the preliminary
plat:
1. Proposed name of the subdivision, which must not duplicate nor resemble the name of
another subdivision in Jackson County and shall be approved by the Planning
Commission.
2. Date, north point, and scale of drawing.
3. Appropriate identification clearly stating the map is a preliminary plat.
4. Location of the subdivision sufficient to define the location and boundaries of the
proposed tract.
5. Names and addresses of the owner, subdivider, and surveyor.
D.Existing conditions.
The following existing conditions shall be shown on the preliminary plat:
1. The location, width, and names of all existing or platted streets within or adjacent to the
tract, together with easements and other important features, such as section lines and
corners, and monuments.
2. Location and direction of all watercourses and areas subject to flooding.
3. Natural features such as rock outcroppings, marshes, wooded areas, and isolated
preservable trees.
4. Existing uses of the property, including location of all existing structures to remain on
the property after platting.
5. Zoning on and adjacent to the tract.
Received 11.5.2020
6. Contours at an interval of five (5) feet.
FLand division - proposed plan.
. The following information shall be included on the preliminary
plat.
1. The location, width, names and approximate grades of streets, and the relationship of the
streets to any projected streets as shown on any development plan adopted by the Planning
Commission, or if there is no development plan, as suggested by the City to assure adequate
traffic circulation.
2. The location and purpose of easements.
3. The location, approximate dimensions, and proposed lot and block numbers, for all lots and
blocks.
4. Sites, if any, allocated for purposes other than single family dwellings.
G.Partial development.
Where the plat to be subdivided contains only part of the tract owned or
controlled by the subdivider, the Planning Commission may require a Master Plan for the
unsubdivided portion.
HExplanatory information.
. The following information shall be submitted in separate statements
accompanying the preliminary plat or, if practicable, shall be shown on the preliminary plat:
1. A vicinity map, showing existing subdivisions, streets, and unsubdivided land adjacent to the
proposed subdivision and showing how proposed streets may be extended to connect with the
existing streets.
2. Proposed deed restrictions, if any, in outline form.
3.Where there are slopes in excess of ten (10) percent within the area to be subdivided, a
preliminary grading plan may be required by the Planning Commission. A grading plan
should show existing and finished grades on lots and streets proposed to be graded. Before
grading can begin, the grading plan shall be approved by the Planning Commission, which
may request a review and report from the City Engineer.
4) The Planning Commission, following proper public notice, held a Public Hearing on October 10,
2000, at which time testimony was received and exhibits were presented. The Planning Commission
approved the application subject to conditions pertaining to the appropriate development of the site.
Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as
follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony
will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
Received 11.5.2020
2.1The Planning Commission finds that it has received all information necessary to make a
decision based on the Staff Report, public hearing testimony and the exhibits received.
2.2 The Planning Commission finds that the proposed six-lot subdivision meets all relevant
approval criteria as described in the Subdivisions Chapter 18.80.
2.2The Commission finds that the proposed lots are adequately sized to accommodate
structures and off-street parking. The E-1 zone does not require a minimum lot size
or lot line dimensions.
2.3The Commission finds that all necessary public facilities, utilities and services are
available to serve the six tax lots. Public facilities are located within the right-of-way
of Clear Creek Drive and within the public alley adjacent to the project. The
Commission finds that the multi-use path adjacent to the alley is required in lieu of
increasing the Clear Creek Drive right-of-way to accommodate bicycle lanes. As a
result, the multi-use path is a required street improvement that must be either
installed, or planned and bonded for as part of the subdivision.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes
that the proposal to subdivide the property know as Parcel 6, adjoining the newly created Clear Creek
Drive, into six lots is supported by evidence contained within the record.
Therefore, based on our overall conclusions, and upon the proposal being subject to each of the
following conditions, we approve Planning Action #2000-096 . Further, if any one or more of the
conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2000-
096 is denied. The following are the conditions and they are attached to the approval:
1. That all proposals of the applicant be conditions of approval unless otherwise modified
here.
2. That a grading plan with spot elevations for each lot shall be submitted prior to signature
of the final survey plat. The elevation of the lots shall be above the sidewalk grade.
3. That the finished floor elevation of the ground floor of future structures shall be above
sidewalk elevation along property frontage. A grading plan verifying this shall be
submitted with the Site Review application for each lot.
4.That the Clear Creek Drive and alley improvements shall be completed to the east boundary of
Parcel 6 prior to signature of the final survey plat. All improvements including but not limited to
the sidewalk, street trees and street lighting, shall be installed along the entire frontage of the
property in accordance with the partition approval PA 99-048 prior to signature of the final
survey plat.
5.That all necessary public utility easements for sewer, water, electric, phone, cable, storm
Received 11.5.2020
drainage, etc. shall be indicated on the final survey plat as required by the City of Ashland. All
necessary public utility easements for the alley shall be indicated on the final survey plat.
6.That off-street parking for Lots 5 and 6 shall be shared unless the lot configuration is modified by
a future land use action to allow the provision of the necessary amount of off-street parking to
meet the requirements of Chapter 18.92.
7.That automobile access to all lots shall be from the public alley adjacent to the west and south
property line. Additional driveway access along Clear Creek Drive shall be prohibited.
8.That the temporary turn around required as part of the Clear Creek Drive partition (PA 99-048)
shall not be located on Parcel 6.
9.That the pedestrian easements shall be designated as public pedestrian easements on the final
survey plat.
10.That the pedestrian and bike path improvement plan, for the section of multi-use path from the
existing end of the path at the bend in the alley to the eastern boundary of the Clear Creek
Partition area, shall be completed and approved by the Staff Advisor prior to signature of the
final survey plat. The improvement plan shall include a project cost, and the full improvement
cost deposited with the City prior to signature of the final survey plat. The improvement plan
shall include all grading, storm drainage, retaining wall and safety railings necessary to finish the
improvement to the 10-foot wide, multi-use path standard.
____________________________ ___________
Planning Commission Approval Date
Received 11.5.2020
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188-200 Clear Creek Dr
E5094836
Street lighting circuit:
Street Lighting:
2" PVC @ 36"
Light base: 4 LB
(developer to proof
Type: Sternberg LED per COA Requirements
existing PVC conduit)
H-5095803
H5095801
~ 160 Feet
~ 125 Feet
E5095800
188
192
196
200
(existing)
180
184
T5094830
All Services
Commercial,
T5094835
PUE Required
meters grouped
(1) 4" PVC @ 48"
1/0 AL ABC
(1) 4" PVC spare
T-5095802
VAULT 575-TRANS-ASH
Transformer size
to be determinted
120/208 3-Phase
E-5095852
NOTE:
VAULT 575-SECT-ASH
(1) 4" PVC @ 48"Install 5x7, position N/S
1/0 AL ABC
(1) 4" PVC spare
Date: 11/6/2020
015304560120Feet