HomeMy WebLinkAboutClear Creek_130-138_PA-T1-2024-00237IT Y 0 F
1ASU,-4LAND1
June 11, 2024
Notice of Final Decision
On June 11, 2024, the Community Developiiicrit Director approved the request for the following:
Planning Action: PA- T 1-2024-00237
Subject Pr-operty: 130 & 138 Clear Creek Drive
Applicant: Rogue Planning & Development Set -vices, LLC agent for
Description: A request for Site Design Review approval to construct two new three-story,
attached wall, mixed-use buildings for the two properties located at 130 and 138 Clear Creek Drive,
Each building will have one commercial space and one condominium space. The proposed buildings are
each 3,230 square feet with the ground floor consisting of 787 square feet of commercial and 420 square
feet of residential condominium, with additional residential square footage on the second and third floor
consisting of 1,022 and 983 square feet respectively, COMPREHENSIVE PLAN DESIGNATION:
Employment; ZONING: E-1; ASSESSOR'S MAP: 39 IE 09 BA; TAX LOT: 14702 & 14701
The Community Development Director's decision becomes final and is effective on the 12tr' day after
the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of
approval identified on the attached Findings are required to be met prior to project completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available For review at the Ashland Community Development Department, located at 51 Winburn Way.
Copies of file documents can be requested and are charged based on the City of Ashland copy fee
schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a
reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F)
and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(0), The
ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be
made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Veronica Allen in the Community
Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT
bl Winburn My lel541.488.5305
Ashlond, Oregon 97520 Fox: 541.552.2050
ashkin-dovms TM 800.735.2900
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA- T1-2024-00237
SUBJECT PROPERTY: 130 & 138 Clear Creek Drive
APPLICANT/OWNER: Rogue Planning & Development Services, LLC agent for
Magnolia Fine Homes, LLC
DESCRIPTION: A request for Site Design Review approval to construct two new
three-story, attached wall, mixed-use buildings for the two properties located at 130 and 138 Clear
Creek Drive. Each building will have one commercial space and one condominium space. The
proposed buildings are each 3,230 square feet with the ground floor consisting of 787 square feet
of commercial and 420 square feet of residential condominium, with additional residential square
footage on the second and third floor consisting of 1,022 and 983 square feet respectively.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S
MAP: 39 lE 09 BA; TAX LOT: 14702 & 14703.
SUBMITTAL DATE:
May 20, 2024
DEEMED COMPLETE DATE:
May 23, 2024
STAFF APPROVAL DATE:
June 11, 2024
APPEAL DEADLINE (4:30 P.M.):
June 24, 2024
FINAL DECISION DATE:
June 25, 2024
APPROVAL EXPIRATION DATE:
December 26, 2025
DECISION:
Site
The subject properties are vacant Lots 1 and 2 of the Spur Rail Subdivision, a seven -lot subdivision
originally approved in January 2006 as Planning Action #2005-01833 and are located at 130 and
138 Clear Creek Drive. The original subdivision involved a 0,79 -acre parcel, bounded by an alley
to the east, Clear Creek Drive to the north, vacant land to the west, with Ashland Lumber farther
to the west, and the Central Oregon Pacific Railroad to the south. Lots 3-6 at 146, 156, 164, and
172 Clear Creek Drive have previously been developed with mixed-use buildings. The two
remaining building lots from the subdivision are currently vacant.
The subject properties are 1,643 square feet in area and are zoned E-1 (Employment) with Detail
Site Review and Residential overlays. Some landscaping, including street trees, was installed as
required with the subdivision. Each lot is required to complete perimeter landscaping with the
completion of building construction,
Proposal
The proposal is a request for Site Design Review approval to construct two new three-story,
attached wall, mixed-use buildings for the two properties located at 130 and 138 CIear Creek
Drive. The proposed buildings are 3,230 square feet each and would consist of ground floor
commercial space with a garage at the rear for the two upper levels, two-bedroom residential
condominium on each lot.
PA -2024-00237
130-138 Clear Creek Drive / VA
Page 1
{
Project Impacts
The first criterion for Site Design Review approval is that, "The proposal complies with all of the
applicable provisions of the underlying zone (part 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." The application asserts that
the proposal complies with all applicable provisions of part 18.2, noting that the property is zoned
E-1, that the proposed uses are permitted and special permitted uses, that the proposed structures
are located within the approved envelopes and provide clearance for necessary easements,
pedestrian access, and bicycle parking. The applicants further explain that the proposed buildings,
at 3,230 square feet each, comply with the minimum required floor area ratio (F.A.R.).
Landscaped areas are provided directly adjacent to the subject property within the stormwater bio-
swale area, and other landscaping within the subdivision is provided to address lot coverage and
landscaping requirements.
The second approval criterion is that, "The proposal complies with applicable overlay zone
requirements (part 18.3)." The subject properties here are located within the Detail Site Review
zone and the Residential (R-) overlay. The Detail Site Review Standards are included in the Site
Development and Design Standards below and are discussed in the next section.
The third criterion is that, "The proposal complies with the applicable Site Development and
Design Standards of part 18.4, except as provided by subsection E, below." The applicant explains
that the proposed buildings have minimal front setbacks and are oriented to Clear Creek Drive
with a well-defined pedestrian entrance into each of the ground floor tenant spaces. Each building
has a materially distinct base of stone or brick veneer with wainscot siding, and a unix of metal or
stained wood siding in both horizontal and vertical orientations, and board and batten siding. The
buildings also have single gables with a prominent south roof face which allows for maximum
solar gain. Both buildings will be less than the 40 -foot maximum of the E-1 district. The building
located at 130 Clear Creek will have a rooftop deck area for mechanical equipment and the
remaining roof space will be pre -wired for solar panels.
The applicants explain that each proposed 3,230 square foot building exceeds the minimum
required Floor Area Ratio of 0.50 for the 1,643 square foot lots, and they suggest that the buildings
are adjacent to the public sidewalk with at least 20 percent of the wall area adjacent to the street in
windows and doors. They fin-ther assert that the buildings have changes in mass, surfacing and
exterior finish materials to emphasize the entries. Awnings and marquees are proposed to protect
pedestrians from sun and rain.
The existing parking on site consists of five spaces for commercial uses and the applicant has
proposed one garage space per residential unit. No modifications are proposed to the existing
parking areas. Residential bicycle parking can be accommodated in the garages, and the applicants
propose to address required bicycle parking for the commercial spaces with racks at the front of
the building. There are no longer minimum automobile parking space requirements in the land
use ordinance, and a condition has been included below to require that bicycle parking be shown
on the building permit submittals and demonstrated to meet the standards of AMC 18.4.3.040 and
18.4.3.070.
PA -2024-00237
13 0-13 8 Clear Creek Drive / VA
Page 2
s
The fourth criterion is that, "The proposal complies with the applicable standards in section 18.4.6
Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban
storm drainage, paved access to and throughout the property and adequate transportation can
and will be provided to the subject property." The applicants assert that there is adequate capacity
in water, sewer, storm sewer, and electric and transportation facilities to serve the proposed
building, firrther explaining that the parcels are buildable pad lots within an approved subdivision
and that all facilities were stubbed to the individual lots as part of the original subdivision
development.
The final criterion for Site Design Review approval addresses instances where Exception to the
Site Development and Design Standards provides necessary, noting that, "The approval authority
may approve exceptions to the Site Development and Design Standards of part 18.4 if the
circumstances in either subsection 1 or 2, below, are found to exist: 1) There is a demonstrable
difficulty meeting the specific requirements of the Site Development and Design Standards due to
a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of
the exception will not substantially negatively impact adjacent properties; and approval of the
exception is consistent with the stated purpose of the Site Development and Design; and the
exception requested is the minimum which would alleviate the difficulty.; or 2) There is no
demonstrable difficulty in meeting the specific requirements, but granting the exception will result
in a design that equally or better achieves the stated purpose of the Site Development and Design
Standards." The application does not include any requests for Exceptions.
The ground floors of each building are 1304 square feet, with 994 square feet of commercial space
which equates to 76.2 percent of the ground floor area. The remaining 310 square feet is dedicated
to a lobby, elevator, and garage serving the residential units which equates to 24 percent of the
ground floor area as residential space. This is consistent with the standards in AMC
1$.2.3.130.13.1, which require that for mixed use buildings in the E -1-R zone ground floor
residential uses shall occupy not more than 35 percent of the gross floor area.
The criteria for Site Design Review approval are described in AMC Section 18.5.2.050 as
follows:
A. Underlying Zone: The proposal complies with al! 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.
PA -2024-00237
130-138 Clear Creek Drive / VA
Page 3
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.
In staff's assessment, the criteria for Basic Site Review and Detail Site Review are satisfied by the
proposal with the conditions attaclied. Planning Action #PA -TI -2024-00237 is approved with the
following conditions. Further, if any one or more of the following conditions are found to be
invalid for any reason whatsoever, then Planning Action #PA -TI -2024-00237 is denied. The
following are the conditions and they are attached to the approval;
1) That all proposals of the applicant shall be conditions of approval unless otherwise
specifically modified herein.
2) That the plans submitted for the building permit shall be in substantial conformance
with those approved as part of this application. If the pians submitted for the
building permit are not in substantial conformance with those approved as part of
this application, an application to modify the Site Design Review approval shall be
submitted and approved prior to issuance of a building permit.
3) That all conditions of the original subdivision approval (Planning Action #2005-
01833) shall remain in effect unless otherwise specifically modified herein.
4) That storm water from all new impervious surfaces and runoff associated with peak
rainfalls must be collected on site and channeled to the City storm water collection
system (i.e., curb gutter at public street, public storm pipe or public drainage way)
or through an approved alternative in accordance with Ashland Building Division
policy BD -PP -0029. On-site collection systems shall be detailed on the building
permit submittals.
5) That a sign permit shall be obtained prior to installation of any new signage.
Signage shall meet the requirements of Chapter 18,4.7.
6) Display areas, windows and doorways shall allow views into the interior of the
building, and the windows shall not be tinted so as to prevent views from outside
of the building into the interior of the building.
7) The front entrances adjacent to Clear Creek Drive shall remain functional and open
to the public during all business hours
8) That the building permit submittals shall include:
a. Final solar setback calculations demonstrating that all new construction
complies with Solar Setback Standard B in the formula [(Height ----
PA-2024-00237
130-138 Clear Creek Drive / VA
Page 4
16)1(0.445 + Slope) = Required Solar Setback] and elevations or cross
section drawings clearly identifying the highest shadow producing point(s)
and the height(s) from natural grade,
b, A final landscaping and irrigation plan which includes irrigation details
satisfying the requirements of the Site Design and Use Standards Water
Conserving Landscaping Guidelines and Policies.
C. Bicycle parking details detailing the number of proposed bicycle spaces,
proposed racks, their placement and coverage in keeping with standards.
Inverted a -racks shall be used for the bicycle parking. All bicycle parking
shall be installed in accordance with ratios in AMC 18.4.3.040 and the
design standards in AMC 18.4.3.070 prior to the issuance of the certificate
of occupancy.
d. That the ground floor residential space including the lobby and elevator
shall be no more than 310 square feet as described in the application. The
building permit submittals shall clearly demonstrate compliance with this
requirement.
C. That exterior building materials and paint colors shall be compatible with
the surrounding area, and sample exterior building colors shall be provided
with the building permit submittals for review and approval of the Staff
Advisor. Very bright or neon paint colors shall not be used in accordance
with AMC 18.4.2,030.E.
9) That prior to the issuance of a Certificate of Occupancy;
a. The bio-swale landscaping associated with each parcel and other associated
landscaping and irrigation for the lot development shall be installed in
accordance with the approved plans.
b. The screening for the trash and recycling enclosure shall be installed in
accordance with the approved plan. An opportunity to recycle site of equal
or greater size than the solid waste receptacle shall be included in the trash
enclosure in accordance with 18,4.4.040.
C. All exterior elements shown on the approved building permit submittals,
including modifications of the plans to address conditions of approval here,
shall be installed on the building, inspected and approved prior to the
issuance of the certificate of occupancy,
d. All exterior lighting shall be directed on the property and shall not directly
illuminate adjacent proprieties.
C. The bicycle parking facilities shall be installed according to the approved
plan, inspected and approved.
andon Goldman, hector
Community Development Department
June 11, 2024
Date
PA -2021-00237
130-138 Clear Creek Drive 1 VA
Page 5
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On June 11, 2024 1 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice
to each person listed on the attached mailing list at such addresses as set forth on
this list under each person's name for Planning Action #PA -T1-2024-00237, 130 &
138 Clear Creek Drive.
iW ichaeCSuCCilvan
Signature of Employee
G..CarmdePp!2� g'AlanrtazgPctan54PAsQySyee"G1ClzarCreekCIe�Caaek_130_13VVearCreek_130_138_PA•T1.2024-0fl237th kk4NWJC$earCreek_130_138_PA-T1-2024-00237_t�b Affiday+of
KbA..'ng doer 6111024
PA -T1-2024-00237 391E09BA14707
ALEXANDER -CLAYTON TRUST ET AL
172 CLEAR CREEK DR 201
ASHLAND, OR 97520
PA -T1-2024-00237 391E04CD1904
CLEAR CREEK INVESTMENTS LLC
845 OAK ST
ASHLAND, OR 97520
PA -T1-2024-00237 391 E09BA50000
LA ROSA HOLDINGS LLC NEAL KINZIE
180 CLEAR CREEK DR APT 203
ASHLAND, OR 97520
PA -T1-2024-00237
ROGUE PLANNING & DEVELOPMENT
1314-B CENTER DR, PMB #457
MEDFORD, OR 97501
PA -T1-2024-00237 391E09BA14700
SPUR RAIL PROPERTY OWNER'S AS
253 N 3RD ST
ASHLAND, OR 97520
130 & 138 Clear Creek NOD
06/11/24
15
Easy Peel Address Labels L Go to avery.com/templates
Bend 1fong line to oApose, Pop-up Edge t rise Avery Template 5150
PA -T1-2024-00237 391E04CD3600
ASHLAND FOOD COOPERATIVE
237 N IST ST
ASHLAND, OR 97520
PA -T1-2024-00237 391 E09BA14602
EMARD PROPERTIES LLC
PO BOX 1180
ASHLAND, OR 97520
PA -T1-2024-00237 391 E09BA14703
MAGNOLIA FINE HOMES LLC
619 ELKADER ST
ASHLAND, OR 97520
PA -T1-2024-00237 391 E09BAl4706
SALTZSTEIN WILLIAM E TRUSTEE
164 CLEAR CREEK DR UNIT 201
ASHLAND, OR 97520
PA -T1-2024-00237 391 E04CD2000
BERNARD HERSEY PROPERTY LLC
PO BOX 730
ASHLAND, OR 97520
PA -T1-2024-00237 391E04CD1800
GOLDEN FIELDS PROP MGNT LLC
845 OAK ST
ASHLAND, OR 97520
PA -Ti -2024-00237
MAGNOLIA FINE HOMES LLC
441 TALENT AVE, UNIT 60
TALENT, OR 97540
PA -T1-2024-00237 391 E09 BA1 470 5
SPUR RAIL LOFT HOUSE LLC
156 CLEAR CREEK DR 201
ASHLAND, OR 97520
PA -T1-2024-00237 391E09BA14800 ! PA -T1-2024-00237 391E09BA14704
UNION PACIFIC RR CO PROPERTY TAX ! VIDMAR DALE J TRUSTEE
1400 DOUGLAS ST STOP 1640 PO BOX 834
OMAHA, NE 68179 E ASHLAND, OR 97520
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PLANNING ACTION: PA- TI -2024-00237
SUBJECT PROPERTY: 130 & 138 Clear Creek Drive
APPLICANT/OWNER: Rogue Planning & Development Services, LLC agent for
Magnolia Fine Homes, LLC
DESCRIPTION: A request for Site Design Review approval to construct two new three-story, attached wall,
mixed-use buildings for the two properties located at 130 and 138 Clear Creek Drive. Each
building will have one commercial space and one condominium space. The proposed
buildings are each 3,230 square feet with the ground floor consisting of 787 square feet of
commercial and 420 square feet of residential condominium, with additional residential
square, footage on the second and third floor consisting of 1,022 and 983 square feet
respectively. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1;
ASSESSOR'S MAP: 391 E 09 BA; TAX LOT. 14702 & 14701
NOTICE OF COMPLETE APPLICATION: May 23,2024
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: June 6, 2024
COMMUNITY DEVELOPMENT DEPARTMENT r
51 Winburn Way Tel 541.488.5305
Ashland, Oregon 97520 Fox 541.552-2050 rka;ljola'
TTY: 800.735,2900
The Ashland Planning Division Staff has received a complete application for the property noted on Page I of this notice.
A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at
11HOS11 is.as,hlaiid.or.uls/develor)iiientorppgs4ls/. Copies of application materials will be provided at reasonable cost, if requested. 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 emailing1&nnnK&)shland,or,us,
Any affected property owner or resident has a right to submit written comments within the 14 -day comment period to ptanning@aLhIand.or.us or to the City of
Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown on Page 1.
Ashland Planning Division Staff determine if a land use application is complete within 30 days of submittal. Upon determlnatlon of completeness, a notice is sent
to surrounding properties within 200 feet of the property submitting the application, After the comment period and not more than 45 day's from the application being
deemed complete, the Planning Division Staff shall make a final decision on the application, A notice of decision is mailed to the same properties within 5 days of
decision. An appeal to the Planning Commission of the Planning Division Staffs decision must be made in writing to the Ashland Planning Division within 12 days
from the date of the mailing of final decision. (AMC 18.5,1,050,G)
The ordinance criteria applicable, to this application are attached to this notice, Oregon law states that failure to raise an objection concerning this application, by
letter, or failure to provide sufficient specificity to afford the decision, maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use
Board of Appeais, (LUBA) on that issue,. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that
criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions, of approval with sufficient specificity to allow this Department
to respond to the issue precludes an action for damages in circuit court.
If you have, questions or comments concerning this request, please feel free to contact Veronica Allen at 541-552-2042 or vei-onica,allenCa)asl,iland.oi,.tis
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office
at 541-488-6002 (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 l).
SITE DESIGN AND USE, STANDARDS
18.5.2,050
The following criteria shalt 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.
K Overlay Zones: The proposal complies with applicable overlay zone requirements (part 183).
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 18A.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 184 if the circumstances in either subsection I or 2, below, are found to exist.
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
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,
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541488,5305
Ashland, Oregon 97520 Foxe 541552.2050 ;ti
_G'14:+su.c.r,i.4
ls
TTY: 800.735.2900
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On May 23, 2024 1 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice
to each person listed on the attached mailing fist at such addresses as set forth on
this list under each person's name for Planning Action #PA -T1-2024-00237, 130 &
138 Clear Creek Drive.
'ylichaeCSufflivan
Signature of Employee
G:komm-de+'#!arta'ngAaWngk[ortskPAsbyS6eeVWearCreehVeaDeeL13U_138',0earGeek_330_138_PA-T1-2024-W237VW.ik4L' earCreek 134_13$_PA-TI-2024a237_t=_AfUrAof
6".dxz 5+2312024
PA -T1-2024-00237 391 E09BA14707 PA -T1-2024-00237 391 E04CD3600 PA -T1-2024-00237 391 E04CD2000
ALEXANDER -CLAYTON TRUST ET AL ASHLAND FOOD COOPERATIVE BERNARD HERSEY PROPERTY LLC
172 CLEAR CREEK DR 201 237 N 1 ST ST DAVID A BERNARD -MANAGER
ASHLAND, OR 97520 ASHLAND, OR 97520 PO BOX 730
ASHLAND, OR 97520
PA -T1-2024-00237 391E04CD1904
CLEAR CREEK INVESTMENTS LLC
845 OAK ST
ASHLAND, OR 97520
PA -T1-2024-00237 391 E09BA50000
LA ROSA HOLDINGS LLC NEAL KINZIE
180 CLEAR CREEK DR APT 203
ASHLAND, OR 97520
PA -T1-2024-00237
ROGUE PLANNING & DEVELOPMENT
1314-B CENTER DR, PMB #457
MEDFORD, OR 97501
PA -T1-2024-00237 391 E09BA14700
SPUR RAIL PROPERTY OWNER'S AS
253 N 3RD ST
ASHLAND, OR 97520
Clear Creek 130 & 138 NOC
05/23/24
15
PA -T1-2024-00237 391 E09BA14602
EMARD PROPERTIES LLC
PO BOX 1180
ASHLAND, OR 97520
PA -T1-2024-00237 391 E09BA14702
MAGNOLIA FINE HOMES LLC
619 ELKADER ST
ASHLAND, OR 97520
PA -T1-2024-00237 391E09BA14706
SALTZSTEIN WILLIAM E TRUSTEE
164 CLEAR CREEK DR UNIT 201
ASHLAND, OR 97520
PA -T1-2024-00237 391E04CD1800
GOLDEN FIELDS PROP MGNT LLC
845 OAK ST
ASHLAND, OR 97520
PA -T1-2024-00237
MAGNOLIA FINE HOMES LLC
441 TALENT AVE, UNIT 60
TALENT, OR 97540
PA -T1-2024-00237 391 E09BA14705
SPUR RAIL LOFT HOUSE LLC CIOTA
BARBARA
156 CLEAR CREEK DR 201
ASHLAND, OR 97520
PA -T1-2024-00237 391E096A14800 ' PA -T1-2024-00237 391E09BA14704
UNION PACIFIC RR CO PROPERTY TAX ; VIDMAR DALE J TRUSTEE
;DEPARTMENT
1400 DOUGLAS ST STOP 1640 TO BOX 834
ASHLAND, OR 97520
OMAHA, NE 68179
P11 ZONING PERMIT aPPLICATION
14
rJAM& Planning Division
CITY OF 51 Winburn Way, Ashland OR 97520 PILE
#
-ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT site Design Review
DESCRIPTION OF PROPERTY
Street Address 1,30-.138 Clear Creek Drive
Pursuing LEED@ Certification? El YES IN NO
Assessors Map No. 391 E 09BA i Tax Lot(s) 14702 & 14703
Zoning Employment Comp Plan Designation
APPLICANT
E-11
Name Rogue Planning & Development Services Phone 541-951-40202 E -Mail
Address 1314-B Center Dr., PMB#457
amygunter. plan ning@gmail,.com
city Medford _zip 97501
PROPERTY OWNER
Name Magnloia Fine Homes LLC Phone 503-998- E -Mail hielmanspring@gmaii.corn
Address 441 Talent Avenue, Unit 60 City Talent Zip 97540
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE -ARCHITECT, OTHER
Title -Name
Address
Title
Address
ame
Phone
- city
Phone
- city
E -Mail
- Zip
E -Mail
- Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I further understood that if this request is subsequently contested, the burden willbe on me to
establish:
1 that / produced sufficient (actual evidence at the healing to support this request;
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by nae are adequate; and further
4) that all structures or improvements are property located ora the ground.
Failure ita this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be removed at my expense. If I have any doubts, I am advised to seek competent professional advice, and assistance,
Applicant's Signature
71 "M
As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property
owner.
Property Owner's Signature (required) Date
[To be wrWOM by City 5"
Date Received Zoning Permit Type Filing Fee $
OVER �i
G:"coiiiiii-devlplaiininLlfum,s& I fandoutsWninL Permit Applicatim dac
ZONING PERMIT SUBMITTAL REQUIREMENTS
❑ APPLICATION FORM must be completed and signed by both applicant and property owner.
U PLANNING FEES FORM must be completed and signed by both applicant and property owner.
o FINDINGS OF FACT — Respond to the appropriate zoning requirements in the form of factual statements or
findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include
information necessary to address all issues detailed in the Pre -Application Comment document.
o TRUE SCALE PDF DRAWINGS — Standard scale and formatted to print no larger than 11x17 inches. Include site
plan, building elevations, parking and landscape details.
FEE (Check, Charge or Cash)
❑ LEED® CERTIFICATION (optional) — Applicant's wishing to receive priority planning action processing shall
provide the following documentation with the application demonstrating the completion of the following steps:
• Hiring and retaining a LEED® Accredited Professional as part of the project team throughout design and
construction of the project; and
• The LEED® checklist indicating the credits that will be pursued.
NOTE;
• Applications are accepted on a first come, first served basis.
• Applications will not be accepted without a complete application form signed by the applicant(s) AND property
owner(s), all required materials and full payment.
• All applications received are reviewed for completeness by staff within 30 days from application date in accordance
with ORS 227.178.
• The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission
meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which
meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1975 East Main St).
• A notice of the project request will be sent to neighboring properties for their comments or concerns.
• If applicable, the application will also be reviewed by the Tree and/or Historic Commissions.
G.tiwmmrd Vpla i ffor & Hz dovts%ZaAng Permit Apphcat nn dx
W4k
Planning Division
S 1 Winburn Way, Aslilancl, OR 97520
VM
541-488-5305
Street Address: 1301138 Clear Creek
Description of Project: Building two attached wall mixed use buildings
Applicant: GII
Property Owner: Gil Uvni
Valuation Estimate Prepared by: Magnolia Fine Homes
Commercial Site Review
Valuation Estimate
Estimator Phone: 510-913-5110 Estimator Email: Magnollafiinehomes@gmaiLcom_
DESCRIPTION;
VALUATION: ►
Excavation & Earthwork
$ j �� 40,0 Q
Landscaping
$ �� r� Q
Parking Area(s) & Driveways
$ ;0.10 .p o
Sidewalks/Patios/Walkways
$ -L, � o 0
New Construction — Materials & Labor Total*
$ 62r epq
TOTAL PROJECT VALUATION:
$ 6 q qr 3 n e
'Building permit valuations shall be based upon the Uniform Fee methodologies as established by OAR 918-050-0100.
Site Design Review for new mixed use commercial buildings
Site Design Review Approval
for two new mixed-use commercial buildings
Property Owner:
Subject Property
Address:
Map & Tax Lot:
Comprehensive Plan Designation:
Zoning:
Overlays:
Magnolia Fine Homes
Gil Livni
441 Talent Avenue, Unit 60
Talent, OR 97540
130 and 138 Clear Creek Drive
39 1E 09 BA; 14702 & 14703
Employment
E-1
Detail Site Review Zone
Residential Overlay
Request:
Request for Site Design Review for two, attached wall, mixed use commercial buildings. The proposed
buildings are each proposed to be three-story, mixed use, commercial, and residential condominium
structures.
Property Description:
The subject properties are Lots 1 and 2 of the Spur Rail Subdivision. The Spur Rail Subdivision is a seven -
lot subdivision that was approved by the City of Ashland in 2005 (PA2005-01833). The Spur Rail
Subdivision received final plat approval in February 2008.
The subject properties are to the
south of Clear Creek Drive. Lots 1 and
2 are on the west side of the
subdivision. There is a public alley to
the east of Lot 6 which leads to the
shared parking area for the Spur Rail
Subdivision along the south side of
the subdivision. The majority of the
parking for the subdivision, 12
parking spaces are to the west of Lot
1. There are six (6) additional parking
spaces to the south of Lots 3 and 4.
Site Design Review
130 & 138 Clear Creek Drive
May 21, 2024
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Page 1 of 10
Lots 3, 4, 5 and 6 within the subdivision are developed with three story, mixed used commercial
structures.
The properties to the north, across Clear Creek Drive are developed as mixed-use commercial buildings
and commercial / manufacturing developments. The properties to the east, across the public alley are
developed as mixed-use commercial development. To the south of the are the railroad tracks.
The subject property and the immediately adjacent properties are zoned Employment with the
Residential Overlay. There is an area of Clear Creek Drive to the west of the Spur Rail Subdivision that is
zoned Employment without Residential Overlay.
Clear Creek Drive is classified as a neighborhood street. It has a 60 -foot wide right-of-way (ROW). Clear
Creek Drive has varying widths of improvements of curb, gutter, sidewalk, travel lanes, and a parking bay
There is a ten -foot Public Utility Easement (PUE) along the Clear Creek Drive ROW.
Within the parking area there are 18 parking spaces within the parking area for the Spur Rail Subdivision.
According to the CC & R's for the Subdivision, each of the six lots are allocated 4.17 parking spaces. There
are three spaces access from the public alley along the east side of the subdivision. Adjacent to the
frontage on Clear Creek Drive, there are six parking spaces.
There are no significant natural features on the property.
Detailed Proposal:
The proposal is for two, attached wall, mixed use commercial buildings on Lots 1 and 2 of the Spur Rail
Subdivision. The buildings are mirrored floor plans and exterior elevations. Each half of the building is
proposed as a 3,230 -square foot, three-story mixed-use structure built with zero lot line between the
structures.
The ground floor of each side of the building is proposed to have 1,207 square feet of area. Of this, 787 -
square feet of ground floor commercial space. The remaining 420 -square feet of the ground floor is
proposed as the garage area, foyer, and elevator for residential use. The second and third stories are
proposed as 2,325 -square foot residential units. The second story of each unit is 1,022 square feet and
983 square feet on the third floor.
The ground floor commercial units front upon on Clear Creek Drive and have access directly to the public
sidewalk. The building setback along the front property line will be treated as a pedestrian plaza area
with hardscape, benches, and secure bicycle parking. The residential units are accessed in the rear of the
building.
Site Design Review
130 & 138 Clear Creek Drive
May 21, 2024
Page 2 of 10
The two buildings are designed to appear as one continuous facade. A four -foot brick veneer is proposed
at the base of the building that wraps the building. The primary exterior fagade treatment is a
combination of horizontal and vertical siding. The narrow lots limit the number of offsets and jogs in
the facade of the building. But the proposed design provides emphasis to the entrances. This is through
the incorporation of a vertical wood treatment, five-foot wide awnings, lighting, prominent windows
and entry door with transom window above. Both entrances are designed in a manner to provide clear,
visible, and functional entrances with direct access to the public sidewalk.
Access and Site Circulation:
The proposed vehicular access to the property is from Clear Creek Drive and the public alley to the east
of the subdivision. A driveway from the alley through to the parking area provides the parking area for
the development. There are three additional parking spaces, one of which is an ADA accessible space in
the parking area.
Parking:
Regulations on parking have changed since the original subdivision's approval. The parking area that
provides an additional parking area for the commercial use is existing and isnot proposed to be modified.
Each building has a single vehicle garage.
According to the modified CC & Rs of the Subdivision, there are 4.17 parking spaces allocated to each lot
for a total of 8.34 parking spaces.
The proposed development requires two bicycle parking spaces for the commercial floor area of less
than 1,000 SF. The dwellings are single family units and do not require their own bicycle parking
spaces. There is room within the garage space for a bicycle.
The two -bicycle parking spaces for the commercial uses are at in front of the building. The bike parking
is closer to the entrances as the nearest on-site vehicle parking spaces and can be found between the
building adjacent to the street.
The existing parking lot layout, design and construction generally complies with the standards from AMC
18.4.3.080.B. The bicycle parking will be installed with area of a
Trees and Landscaping:
There are three existing street trees in the park row that will be retained.
Site Design Review
130 & 138 Clear Creek Drive
May 21, 2024
Page 3 of 10
r
The proposed landscape plan uses a variety of deciduous shade trees, shrubs, and ground covers within
the bioswale/storm water detention treatment facility. Using water conserving landscape and irrigation
design, the proposed landscape plan and the future irrigation plan can demonstrate compliance with the
standards.
Findings of Fact
Criteria from the Ashland Land Use Ordinance
Site Development Design Standards Approval Criteria:
18.5.2.050 Approval Criteria
An application for Site Design Review shall be approved if the proposal meets the criteria in
subsections A, B, C, and D below.
A. Underlying Zone. The proposal complies with all of the applicable provisions of the underlying zone
(part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and
floor area, lot coverage, building height, building orientation, architecture, and other applicable standards.
Finding:
The proposal complies the standards from 18.2.
The property is zoned Employment (E-1) with the Residential overlay. The proposed uses of the site as
commercial tenant spaces with a permitted use, and the residential portions are a special permitted use.
The proposed structures are f the pad lots that were approved as part of the Spur Rail Subdivision. The
proposed front setback provides adequate clearance for necessary easements, pedestrian access and
bicycle parking.
There are four residential units within the subdivision. Two additional dwellings are proposed with this
application for a total of six dwellings.
The subdivision requires a minimum floor area of 2,860 square feet per proposed building. The proposed
buildings are each 3,230 square feet in area, which complies with the minimum required FAR prescribed
to each lot from the CC & Rs of the Spur Rail Subdivision.
The landscape areas are provided directly for the subject property within the shared stormwater bio-
swale area. Other permeable areas are proposed throughout the subdivision account for the required 15
percent landscape areas.
Site Design Review
130 & 138 Clear Creek Drive
May 21, 2024
Page 4 of 10
The proposed buildings are oriented to Clear Creek Drive street with a pedestrian well defined entrance
into each ground floor tenant space. The structure has a materially different base that is four feet tall
and is clad with a brick veneer to ground the structure.
The proposed structure has a single gable with a prominent south roof face. This allows for maximum
solar gain. The proposed buildings are less than the maximum 40 foot height limit. Each unit has a front
deck facing Clear Creek Drive on the north side of the structure.
18.2.3.130 Dwelling in Non -Residential Zone
A. Dwellings in the E -I zone are limited to the R -overlay zone. See chapter 18.3.13 Residential
Overlay.
Finding.:
There is an R -overlay on the property.
B. Dwellings in the E -I and C-1 zones shall meet all of the following standards:
I. 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.
Finding:
There are two mixed use commercial buildings proposed on two separate lots. The ground floor
of each building on the site is 1,304 — square feet. The ground floor commercial space is 994 -
square feet in area this accounts for 76.2 percent. The remaining 310 square feet area is for the
residential garage. It is less than the maximum allowed of 35 percent of the gross floor area.
2. Residential densities shall not exceed 15 dwelling units per acre in the E -I zone, 30 dwelling
units per acre in the C-1 zone, and 60 dwelling units per acre in the C -I -D zone. For the purpose
of density calculations, units of less than 500 square feet of gross habitable floor area shall count
as 0.75 of a unit.
Finding:
The proposal has two residential dwelling units which is less than the allowed subdivision density.
3. Residential uses shall be subject to the same setback, landscaping, and design standards as for
permitted uses in the underlying zone.
Site Design Review
130 & 138 Clear Creek Drive
May 21, 2024
Page 5 of 10
1
Finding:
The setbacks, landscaping and design standards that have been applied to the residences are the
some as those of the underlying E-1 zone. 0
B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3).
Finding:
The property is subject to Basic and Detail Site Design Review. The property also has a residential overlay.
The proposal complies with the standards for the overlay zones.
C. Site Development and Design Standards. The proposal complies with the applicable Site
Development and Design Standards of part 18.4, except as provided by subsection E, below.
18.4.2.040 Non -Residential Development
Finding:
The proposed development of the Employment zoned land with a mixed-use commercial
structure will have a positive impact upon the Clear Creek Drive streetscape. The buildings are
proposed to have a minimal front setback area. The front setback is necessary due to an existing
public utility easement. This area provides for pedestrian entrance to the building and access to
a secure bicycle parking space.
A two story, residential condominium is proposed above the commercial ground floor of each
building. Each residence is accessed via a rear entrance leading into the ground floor foyer. The
rear loaded garage is for residential use.
B. Basic Site Review Standards.
1. Orientation and Scale.
Fines
The proposed buildings are oriented towards the public street. The proposed buildings contribute
to the development of the south side of Clear Creek Drive with mixed use commercial buildings.
The proposed buildings occupy the entire frontage of their individual pad lots. Gaps for the use
of stormwater detention facilities created with the original subdivision layout. No modifications
are proposed to these pre -determined gaps.
The building entrances are located within 20 feet of the street right-of-way. The setback is the
minimum where public utility easement prevents reducing the setback further. The entrances into
each ground floor commercial tenant spaces are clearly visible. The slightly recessed entry
includes an eight foot door with transom window above. There are exterior lights and a
pedestrian covering, and material changes that provide emphasis to the entrances.
Site Design Review
130 & 138 Clear Creek Drive
May 21, 2024
Page 6of10
j
Public sidewalk and landscape parkrow exist along a portion of the frontage. This complied with
the standards for Clear Creek Drive at the time of the subdivision development. Surface
treatments between the property and the sidewalk provides access to each business entrance
from the public sidewalk.
2. Streetscape.
Finding:
There are two, approximatly 8" DBH street trees within the parkrow for Clear Creek Drive that
was developed as part of the Spur Rail Subdivision. They will be preserved and/or replaced if
their condition. The trees both have a fairly substantial lean and numerous branches in need of
pruning, if necessary, due tree conditions, replacement may be requested through a separate
Street Tree Removal permit.
3. Landscaping.
Finding:
The existing landscape areas comply with the minimum standards and slightly more than 15
percent of the site has been provided as landscape area. A common recycle and refuse area is
on the site.
4. Designated Creek Protection.
Finding:
Not applicable
5. Noise and Glare.
Finding:
All artificial lighting will comply with the standards of 18.4.4.050. There are no residential zones
in the vicinity of the project site.
b. Expansion of Existing Sites and Buildings.
Finding:
Not applicable
C. Detailed Site Review Standards.
Finding;
The subject property is within the Detailed Site Review Standards Overlay.
1. Orientation and Scale.
Site Design Review
130 & 138 Clear Creek Drive
May 21, 2024
Page 7 of 10
f
Floor Area Ratio (FAR) of 0.50.
Finding;
The proposed Floor Area Ratio exceeds .50. The proposed structures are 3,230 square feet which
is more than the required .50 FAR of the total Spur flail Subdivision area required for each parcel
at 2,860 square feet.
The infill buildings are adjacent to the public sidewalk. The walls within 30 feet of the public
street have more than 20 percent of the wall area as windows and doorways. No blank walls are
proposed.
The proposed buildings have changes in mass, surfacing and the exterior finish materials to
emphasize the entrances. The building includes awnings/marquees are proposed to provide
protection for pedestrians from rain and sun.
2. Streetscape.
Finding:
Colored and scored concrete are proposed to designate people areas from the sidewalks. The
doors to the business spaces are functional and have emphasis to provide clear evidence of the
entrance. The bicycle parking is located in the front of the building providing more emphasis on
the front fagade.
3. Buffering and Screening.
Findin
There are no incompatible uses on adjacent lots. All the surrounding properties are Employment
Zoned and generally all have commercial uses (or are developable as commercial).
4. Building Materials.
Finding:
More than 15 percent of the exterior walls have substantial changes in relief. There is a
substantial base, fenestration, changes in material such as brick, horizontal and vertical siding,
metal and wood material, aluminum storefront style windows and doors. No bright or neon
paint colors are proposed the majority of the building is not glass.
18.4.3 Parking Access and Circulation:
Finding.
Site Design Review
130 & 138 Clear Creek Drive
May 21, 2024
Page 8 of 10
There was a parking area developed with the original Spur Rail Subdivision. At the time of the
subdivision, there were five parking spaces provided within the shared parking lot area to
accommodate the ground floor commercial tenant space. Each building has a single vehicle
garage. No changes to the existing parking area is proposed.
The existing parking lot layout, design and construction generally complied with the standards
from AMC 18.4.3. 080, B. that applied at the time of construction. No modification is proposed
and no additional parking area is proposed excepting with the residential garage.
18.4.3.050 Accessible Parking Spaces
Finding:
There are accessible parking spaces provided within the common parking area to the east of the
subject building. There is a direct, accessible route from the parking spaces to the business
entrance.
18.4.3.070 Bicycle Parking Standards
Fines:
The proposed development requires two bicycle parking spaces, one for each Y. of the building
with less than 1,000 SF of commercial tenant space (if highest use — retail or services).
There is residential bicycle parking available within the garage.
A secure bicycle parking rack that is adequate area for both a cargo bicycle and a standard
bicycle are located at the front of the building visible from the public right of way. The bike
parking is closer to the entrances as the nearest on-site vehicle parking spaces. The bicycle
parking U staple will be provided in accordance with the standards from AMC18.4.3.070.8.6.
and C.
18.4.3.080 Vehicle Area Design
A. Parking Location
Finding:
The existing subdivision parking areas are located to the sides and rear of the proposed building.
There are existing parking areas to the east and west in the common parking areas. No additional
parking is proposed excepting the single vehicle garage at the rear of the structure accessed via
and shared driveway that serves the existing parking area.
B. Parking Area Design.
Finding
Site Design Review
130 & 138 Clear Creek Drive
May 21, 2024
Page 9 o€10
A single vehicle garage is proposed at the rear of each building. The other required parking
spaces are provided within the parking area that was installed as part of the Spur Rail
Subdivision infrastructure.
The parking area has been designed to minimize the adverse environmental impacts. The
parking lot is designed to capture and treat surface run-off through a landscape swale. The
parking lot design was approved and installed prior to the most recent code changes. No
changes to the installed parking area are proposed.
18.4.7 Signs.
Finding:
The signs for the individual businesses will comply with the sign code standards for sign area
based upon business frontage with the sign sizes varying based on the tenant needs.
18.4.8 Solari• Access.
Finding:
The proposed development has a 60 -foot -wide right-of-way for Clear Creek Drive to the north.
The proposed structures comply with the solar setback as the rights-of-way are allowed to be
shadowed by development.
D. City Facilities. The proposal complies with the applicable standards in section 18A.6 Public Facilities,
and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved
access to and throughout the property, and adequate transportation can and will be provided to the subject
property.
Finding:
Adequate city facilities exist to service the proposed developments.
The parcels are buildable pad lots within an approved subdivision. The utilities have been stubbed out
to the pad lots. All utilities exist in the vicinity to service the parcel.
E. Exception to the Site Development and Design Standards. The approval aUtIlOHty May approve
exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either
subsection I or 2, below, are found to exist.
Finding:
None
Site Design Review
130 & 138 Dear Creek Drive
May 21, 2024
Page 10 of 10
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