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HomeMy WebLinkAboutClear Creek_192_PA-T1-2021-00162CITY OF -ASHLAND December 16, 2021 Notice of Final Decision On, December 16, 2021 the Community Development Director approved the request for the following: Planning Action: PA -T1-2021-00162 Subject Property: 192 Clear Creek Drive Applicant: Rogue Planning & Development Services for Anasazi West LLC Description: A request for a Minor Modification of Subdivision to adjust existing and dedicate new easements as well as to receive Site Design. Review approval to construct a 7,893 square foot, three-story, mixed-use building consisting of commercial tenant space on the ground floor, 2 residential units on the second and third floors for the property located at 192 Clear Creek Drive. The proposal seeks to modify the five-foot public pedestrian access easement along the east properly line by adding a public utility easement and providing a 10 -foot wide, 8 -foot stamped concrete centralized pedestrian walkway between the subject lot and the adjacent lot to the west. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; MAP: 39 1E 09 AB; TAX LOT #: 6603 The Community Development Director's decision becomes final and is effective on the 12th 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 mel prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact Aaron Anderson in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 -- www.asbIand.or.us �� SECTION 18.5.1.050 Type I Procedure {Administrative Decision with Notice} E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 19.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: 1. Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.B. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18,5.1,050.G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site, If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b, Time far Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content ofNotice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. L An identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type 11 public hearing procedures, pursuant to section 18.5.1.060, subsections A — E, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be fled with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-188-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -T1-2021-00162 SUBJECT PROPERTY: 192 Clear Creek Drive APPLICANTIOtiVNER: Rogue Planning & Development Services for Anasazi West LLC DESCRIPTION: A request for a Minor Modification of Subdivision to adjust existing and dedicate new easements as well as to receive Site Design Review approval to construct a 7,893 square foot, three-story, mixed-use building consisting of commercial tenant space on the ground floor, 2 residential units on the second and third floors for the property located at 192 Clear Creek Drive. The proposal seeks to modify the five-foot public pedestrian access easement along the east property line by adding a public utility easement and providing a 10 -foot wide, 8 -foot stamped concrete centralized pedestrian walkway between the subject lot and the adjacent lot to the west. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1 ; MAP: 39 1E 09 AB; TAX LOT #: 6603 SUBMITTAL DATE: October 15, 2021. DEEMED COMPLETE DATE: October 27, 2021 STAFF APPROVAL DATE: December 16, 2021 DEADLINE TO APPEAL (4:30 p.m.): December 27, 2021 FINAL DECISION DATE: December 28, 2021 APPROVAL EXPIRATION DATE: June 27, 2023 DECISION As stated above this application is a request for a Minor Modification of the previous Subdivision which will be discussed further below, and to receive Site Design Review approval to construct a 7,893 square foot, three-story, mixed-use building consisting of commercial tenant space on the ground floor, 2 residential units on the second and third floors. The applicant asserts the proposal meets all applicable approval criteria and includes a request to modify the previous subdivision approval my modifying an existing easement and dedicating a new easement that will provide a courtyard between the proposed building at 192 and a site plan that has yet to be reviewed on 188 Clear Creek Drive. The subject property is located at 192 Clear Creek Drive and is in the E-1 (Employment) zoning district, as is the rest of the railroad area extending north to Hersey Street and south to the lots fronting A Street. There are there zoning overlays that affect the subject property including the Residential Overlay, the Detail Site Review overlay, and the Wildfire Hazards overlay. The lot was originally plated as Lot 4 of the "New Addition" subdivision (See PA# 2000-006). The subject property is located on the south side of Clear Creek Drive. The property's southern boundary to the rear is adjacent to an alley. Directly south of the alley is the Southern Oregon Pacific Railroad ROW. The application describes the property as having "... a frontage width of 63.64 feet and extends an average of 182.33 feet to the south. The lot area is 11, 604 square feet (.27 acres). The PA -TI -2021-00162 192 Clear Creek Drive Page I property is vacant of structures and there are no significant natural features on the property. The site slopes generally from the south to the northeast with an approximately two percent slope from south to north." Minor Modification The proposal seeks to modify the five-foot public pedestrian access easement along the east property line by adding a public utility easement and providing a 10 -foot wide, 8 -foot stamped concrete centralized pedestrian walkway between the subject lot and the adjacent lot to the west. The application materials describe the proposal as follows: The proposal is to add a public utility easement upon the existing public pedestrian access easement along the east property line of the subject lot. There is a minor encroachment into the easement proposed with pavement and curbing. The functional public pedestrian access will be provided along the west property line of the subject lot, shared with the adjacentproperty to the west owned in common. The modification is a minor change of conditions from the original approval (PA2000-095). The proposal adds a ten -to -twelve -foot -wide public pedestrian access easement, with an eight foot improved width to be shared with the adjacent property to the west. The easement and improvements extend between the two buildings (new development proposed at 188 Clear Creek Drive) that are owned in common allowing placement of the easement upon the properties. A condition of approval has been added that prior to the issuance of a building permit the new easement shall be dedicated by recorded document. An additional condition of approval will require that prior to the issuance of the Certificate of Occupancy that the central pedestrian walkway be fully installed including those parts proposed on the adjacent property. Site Review The Site Design Review approval criteria can be summarized as follows: A) That the proposal complies with the provisions of the underlying zone. B) That the proposal complies with the applicable overlay zone requirements. Q That the proposal complies with the Site Development and Design Standards. D) That the proposal complies with the Public Facilities Standards. The applicant asserts the proposal meets E-1 zoning district standards, including setbacks, lot area, lot coverage, and building height, and has submitted a comprehensive set of findings demonstrating compliance with the applicable approval standards and by their reference are incorporated as if set out in full. Staff has reviewed the application materials and find that all of the standards for site design review have been met including those for detail site review. The application meets all base standards for the zone including setbacks, height, solar setback, and lot coverage. The proposed building meets the standards for placement, orientation and design. The application describes the building stating that "all sides of the structure have architectural interest. The fi^ont fagade is spatially defined through the use of different materials, a large overhang from the deck above, commercial glazing the covered bicycle parking structure. Hardi-board with stucco finish and PA -T1-2021-00162 192 Clear Creek Drive Page 2 CMU veneer in Willamette Greystone are the primary exterior fagade materials." The application demonstrates complaince with the required Parking, Access, and Circulation by stating the following: "There are eight parking spaces required for the proposed development. The], 600 square foot office areas require 3.2 parking spaces (1600/500=3.2) and the residential uses require four (4) parking spaces. There are two parking spaces within the garage and six parking spaces within the surface parking area at the rear of the building" Staff notes that the landscaping exceeds the minimum required and the proposal, and that the application request an exception to the standard for screening at abutting property lines. The application explains: "The reason for the request is due to the required number of parking spaces, the required dimensions of parking spaces, buffers and maneuvering aisles are wider than the lot width allows. The proposal seeks to reduce the buffer along the east property line and eliminate the buffer on the west property line where the parking area abuts the proposed centralized public pedestrian access easement and walkway. " Staff feels that based on the surrounding development and the limited impact it males that the exception is justified. The criteria for Minor Modification are described in AMC Chapter 18.3.9.040.0 as follows: C. Minor Modification Approval Criteria. A Minor Modification shall be approved only upon the approval authority finding that all of the following criteria are met. 1. Minor 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. Notice shall be provided in accordance with chapter 18.5.1. 2. A modification adding or altering a conditional use, or requiring a variance, administrative variance, or exception may be deemed a Major Modification and/or may be subject to other ordinance requirements. 3. The approval authority shall approve, deny, or approve with conditions the application, based on written findings; except that conditions of approval do not apply, and findings are not required, where the original approval was approved through a Ministerial review. The criteria for Final Plan Approval (as required above) are described in AMC Chapter 18.39.040.B.5 as follows: Approval Criteria for Final Plan. Final plan approval shall be granted upon finding of substantial conformance with the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan meets all of the following criteria: a. The number of dwelling units vary no more than ten percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved outline plan, but in no case shall these PA -T1-2021-00162 192 Clear Creek Drive Page 3 distances be reduced below the minimum established within this ordinance. c. The common open spaces vary no more than ten percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this ordinance and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the street standards. h. Nothing in this section shall limit reduction in the number of dwelling units or increased open space; provided, that if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the common open space reduced below that permitted in the outline plan. The criteria for Site Review Approval are described in AMC Chapter 18.5.2.050 as follows: A. Underlying Zone. The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3). C, Site Development and Design Standards. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection F, 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. 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. PA -T1-2021-00162 192 Clear Creek Drive Page 4 Public Comment In accordance with the Land Use Ordinance, Notice of Complete Application (NOCA) was mailed to all surrounding properties within 200' of the subject property, as well as a physical notice posted along the frontage. After the mailing of the NOCA, no public comment received either in favor or opposition. Conclusion. Decision & Conditions of AnDroval Staff finds that the application with the attached conditions of approval complies with all applicable City ordinances. Therefore, Planning Action 42021-00162 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 42021-00162 is denied. The following are the conditions of approval: I . All proposals of the applicant are conditions of approval unless otherwise modified here. 2. That prior to the issuance of a building permit the new casement shall be dedicated by recorded document. 3. That prior to the issuance of the Certificate of Occupancy that the central pedestrian walkway be fully installed including those parts proposed on the adjacent property. 4. That any new addresses shall be assigned by City of Ashland Engineering Department. 5. That permits shall be obtained from the Ashland Public Works Department prior to any work in the public right of way. 6. That the windows on the ground floor shall not be tinted so as to prevent views from into the interior of the building 7. That the front entrances adjacent to Clear Creek Drive shall remain functional and open to the public during all business hours. 8. That a sign permit shall be obtained prior to installation of any new signage. Signage shall meet the requirements of Chapter 18.4.7. 9. 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 Standards 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 PA -TI -2021-00162 192 Clear Creek Drive Page 5 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. 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 comlection; key box; extinguishers; limitations on obstructions to fire access; and wildfire hazard area requirements shall be satisfactorily addressed in the permit submittals. PA -TI -202I-00162 192 Clear Creels Drive Page 6 k. The building permit submittals shall verify that the bicycle parking, spacing and coverage requirements are met in accordance with 18.4.3.070.1. 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 ininimum 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. 10. 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 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. 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. d. Any damage to the alley or sidewalk from utility installation or construction vehicles shall be repaired under permit from the Public Works Department, inspected and approved. e. That all exterior lighting shall be directed on the property and shall not directly illuminate adjacent proprieties. f. That the bicycle parking facilities shall be installed according to the approved plan, inspected and approved by the Staff Advisor. Bill Molnar, Director Department of Community Development December 16, 2021 Date PA -TI -2021-00162 142 Clear Creek Drive Page 7 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 December 16, 2021, 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for the Planning Action #PA -T1-2021-00162, 192 Clear Creek. R X. � Signature of Employee C:SUsersllrappADesk1ap4TemplatesVAFFIDAMT OF MAILING_Regan.dmx 1 211 612 0 2 1 PA -T1-2021-00162 391E09AB6602 ANASAZI WEST CLEAR CREEK LLC 603 LAKE ST EAST, STE. 206 WAYZATA, MN 55391 PA -T1-2021-00162 391E09BA60002 CHAMPANERI TRISHA 184 CLEAR CREEK DR 2 ASHLAND, OR 97520 PA -T1-2021-001 fit 391 E09AB6605 DEBOER BRYAN BRUCE/STEPHANIE 85 WINBURN WAY ASHLAND, OR 97520 PA -T1-2021-00162 391 E09AB6500 HOXMEIER STEVE/KATHY 435 B ST ASHLAND, OR 97520 PA -T1-2021-00162 391E04DC3401 TONEY FAMILY CREDIT SHELTER T 6581 GRIFFIN CREEK RD MEDFORD, OR 97501 PA -T1-2021-00162 ROGUE PLANNING & DEVELOPMENT 1314-B CENTER DR, PMB #457 MEDFORD, OR 97501 PA -T1-2021-00162 391E09BA50003 BENDAT KEN TRUSTEE ET AL 360 COVENTRY PL ASHLAND, OR 97520 PA -T1-2021-00162 391E09BA60000 CLEARCREEK PROPERTIES LLC 575 TUCKER ST ASHLAND, OR 97520 PA -T1-2021-00162 391 E09AB 10200 GRANGE CO-OP SUPPLY ASN INC PO BOX 3637 CENTRAL POINT, OR 97502 PA -T1-2021-00162 391 E09BA50000 LA ROSA HOLDINGS LLC NEAL KINZIE 180 CLEAR CREEK DR 203 ASHLAND, OR 97520 PA -T1-2021-00162 391E09AB6700 UNION PACIFIC RR CO PROPERTY TAX DEPARTMENT 1400 DOUGLAS ST 1640 OMAHA, NE 68179 PA -T1-2021-00162 POWELL ENGINEERING TODD POWELL 1874 ROSSANLEY DR MEDFORD, OR 97501 Go • avery.com/templites I PA -T1-2021-00162 391 E04CD2000 BERNARD HERSEY PROPERTY LLC DAVID A BERNARD -MANAGER PO BOX 730 ASHLAND, OR 97520 PA -T1-2021-00162 391 E09 BA60003 CLEARCREEK PROPERTIES LLC 3365KUAUA PL KIHEI, Hl 96753 PA -T1-2021-00162 391E09BA60001 HEARTWISE PROPERTY MANAGEMENT 625 N MOUNTAIN AVE ASHLAND, OR 97520 PA -T1-2021-00162 391 E09BA50004 OMEGA GROUP 2784 SISKIYOU BLVD ASHLAND, OR 97520 PA -T1-2021-00162 DAVID WALDRON 1465 SW KNOLL AVE, #102 BEND, OR 97702 PA -T1-2021-00162 SUE MATHIS LANDSCAPE DESIGN 16340 LOWER HARBOR RD, STE. 1-337 BROOKINGS, OR 97415 192 Clear Creek NOD 12/16/2021 18 Planning Department, 51 Winb, _ Way, Ashland, Oregon 97520 CITY O F ,r 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY; 1-$00-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PA -T1-2021-00162 SUBJECT PROPERTY: 192 Clear Creek Drive OWNERIAPPLICANT: Rogue Planning & Development Services for Anasazi West LLC DESCRIPTION: A request for a Minor Modification of Subdivision to adjust existing and dedicate new easements as well as to receive Site Design Review approval to construct a 7,893 square foot, three-story, mixed-use building consisting of commercial tenant space on the ground floor, 2 residential units on the second and third floors for the property located at 192 Clear Creek Drive. The proposal seeks to modify the five-foot public pedestrian access easement along the east property line by adding a public utility easement and providing a 10 -foot wide, 8 -foot stamped concrete centralized pedestrian walkway between the subject lot and the adjacent lot to the west. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; MAP: 39 1 E 09 AB; TAX LOT #: 6603. NOTE: The Ashland Tree Commission will review this Planning Action at an electronic public hearing on Thursday, November 4, 2021 at 6:00 PM, See page 2 of this notice for information about participating in the electronic public hearing. NOTICE OF COMPLETE APPLICATION: October 27, 2021 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: November 10, 2021 OVER G:\comm-devlp]anningSPlanning ActianslPAs by StreetlCSClear CreeklCiearCreek_188_i921C]earCr_192_PA-TI-2021-001fi21NoticinglClear Creek _I92_pA-T1-2021-00162 NOC.docx Tree Commission Meetinct Notice is hereby given that the Tree Corr,. asion will hold an electronic public hearing on the above described planning action on the meeting date and time shown on Page 1. If you would like to watch and listen to the Tree Commission meeting virtually, but not participate in any discussion, you can use the Zoom link posted on the City of Ashland calendar website https://www.ashland.or.us/calendar,asp . Oral testimony will be taken during the electronic public hearing. If you wish to provide oral testimony during the electronic meeting, send an email to PC-public-testimony@ashland.or.us by 10:00 a.m. on Thursday„ November 4, 2021. In order to provide testimony at the public hearing, please provide the following information: 1) make the subject line of the email "Advisory Commission Testimony Request", 2) include your name, 3) specify the date and commission meeting you wish to testify at, 4) specify the agenda item you wish to speak to, 5) specify if you will be participating by computer or telephone, and 6) 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 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 1). The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice. Because of the COVID-19 pandemic, application materials are provided online and comments will be accepted by email. Alternative arrangements for reviewing the application or submitting comments can be made by contacting (54.1) 488-5305 or planning D_ashland. or. us. A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at https://gis.ashiand.or.us/developmentproposals/. 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 Winbum Way, via a pre -arranged appointment by calling (541) 488-5305 or emailing planning(c)ashland.or.us. Any affected property owner or resident has a right to submit written comments to planningOa ashland.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 Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 -day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. If you have questions or comments concerning this request, please feel free to contact Aaron Anderson at #541-552-2052 or Aaron.Anderson&ashland.or.us. MINOR MODIFICATIONS 18.5.6.04© C. Minor Modification Approval Criteria. A Minor Modification shall be approved only upon the approval authority finding that all of the following criteria are met. 1. Minor 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. Notice shall be provided in accordance with chapter 18.5.1, 2, A modification adding or altering a conditional use, or requiring a variance, administrative variance, or exception may be deemed a Major Modification and/or may be subject to other ordinance requirements. Glcomm-devlplanning\Planning ActionsTAs by StreeACTIcar CreekTlearCreek_I88_192kClearCr_192 PA-T1-2021�10I621NotieinglClear Creek_ 192 PA -TI -2021-00162 NOC.docx 3. The approval authority shall approve, dr or approve with conditions the application, based k ritten findings; except that conditions of approval do not appiy, and findings are not requk, _, where the original approval was approved through a Ministerial review. APPROVAL CRITERIA FOR FINAL PLAN 18.3.9.040.B.5 Final Plan approval shall be granted upon finding of substantial conformance with the Outline Plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan meets all of the following criteria. a. The number of dwelling units vary no more than ten percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Ordinance. c. The open spaces vary no more than ten percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this ordinance and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final pian with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the Street Standards. h. Nothing in this section shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. 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 18A6 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, Qkconrmdevlplanning\Plxnning Ac ionslPAs by SSreet%C\Clear Creek%ClearCreek 188_192\ClearCr_l92_PA-TI-2021-001G21Noticing\Clear Crcek_192 PA-TI-2021-00162_NOC.docx AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On 10/27/21 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 -T1-2021-001 62, 192 Clear Creek. Signature of Employee Aocument41W712021 PA -T 1-2021-00162 391 E09AB6602 ANASAZI WEST CLEAR CREEK LLC 603 LAKE ST EAST, STE. 206 WAYZATA, MN 55391 PA -T1-2021-00162 391E09BA60002 jCHAMPANERI TRISHA 184 CLEAR CREEK DR 2 'ASHLAND, OR 97520 PA -T1-2021-00162 391 E09AB6605 PEBOER BRYAN BRUCE/STEPHANIE 185 WINBURN WAY ASHLAND, OR 97520 PA -T1-2021-00162 391 E09AB6500 HOXMEIER STEVE/KATHY 435 B ST ASHLAND, OR 97520 PA -T1-2021-00162 391 E04DC3401 TONEY FAMILY CREDIT SHELTER T 6581 GRIFFIN CREEK RD MEDFORD, OR 97501 PA -T1-2021-00162 ROGUE PLANNING & DEVELOPMENT 1314-B CENTER DR, PMB #457 MEDFORD, OR 97501 i PA -T1-2021-00162 3 91 E09 BA5000 3 BENDAT KEN TRUSTEE ET AL 360 COVENTRY PL ASHLAND, OR 97520 PA -T1-2021-00162 391E09BA60000 CLEARCREEK PROPERTIES LLC 575 TUCKER ST ASHLAND, OR 97520 PA -T1-2021-00162 391E09AB10200 GRANGE CO-OP SUPPLY ASN INC PO BOX 3637 CENTRAL POINT, OR 97502 PA -T1-2021-00162 391E09BA50000 LA ROSA HOLDINGS LLC NEAL KINZIE 180 CLEAR CREEK DR 203 ASHLAND, OR 97520 PA -T1-2021-00162 391E09AB6700 UNION PACIFIC RR CO PROPERTY TAX DEPARTMENT 1400 DOUGLAS ST 1640 OMAHA, NE 68179 PA -T1-2021-00162 POWELL ENGINEERING TODD POWELL 1874 ROSSANLEY DR I, MEDFORD, OR 97501 PA -T1-2021-00162 391E09BA60003 CLEARCREEK PROPERTIES LLC 3365 KUAUA PL KIHEI, HI 96753 PA -T1-2021-00162 391 E09BA60001 . HEARTWISE PROPERTY MANAGEMENT 625 N MOUNTAIN AVE ASHLAND, OR 97520 PA -T1-2021-00162 391 E09BA50004 OMEGA GROUP 2784 SISKIYOU BLVD ASHLAND, OR 97520 PA -T1-2021-00162 DAVID WALDRON 1465 SW KNOLL AVE, #102 BEND, OR 97702 PA -T1-2021-00162 SUE MATHIS LANDSCAPE DESIGN 16340 LOWER HARBOR RD, STE. 1-337 BROOKINGS, OR 97415 192 Clear Creels NOC 10127/21 18 � ULT LM t^�� ° ./ « } L ^ . PLICATION �� ZONING PER AP CATIO Punning Division 4 Winbum Way, Ashland OR, 97 520—' CITY O F ASHLAND 54I-48$-5305 Fax 541-488-6006 DEWRIPTIOu OF PROJECT SITE REVIEW FOR MIXED USE DEVELOPMENT DESCRIPTION OF PROPERTY Street Address .192 Clear Creek Drive ••+C Assessor's Map No. 391 E ZoninE-1g _ APPLICANT Name DAVID WALDRON Phone Address 1465 SW KNOLL AVE. #102 PROPERTY OWNER Name Anasazi West Clear Creek, LLC Address 603 Lake Street East, Suite 206 Pursuing LEER® Certification? ❑ YES ❑ NO Tax Lot(s) Comp Plan Designation 541-588-0917 E -Mail davidwaldron_waldron@gmail-com City BEND 612-325-8377 Phone E -Mail Zip 97702 paw ala x'�anasa>-i- cosh city WAYZATA 55391 SURVEYOR. ENGINEER. ARCHITECT, LANDSCAPE ARCHITECT, OTHER « ARCHITECT DAVID WALDRON 541-588-0917 ci Title":��`��Wa'r°'ag'a:`° ------,--Name .. ___. Phone _.._ ._.�._ E -Mail Address 1465 SW KNOLL AVE. #102 Title Planning Consultant tame Amy Gunter Address 18874 ROSSANLEY DR. City BEND Phone 541- 951-4020 E -Mail city MEDFORD Zip 97702 azygumer warn rg$cmm: corn Zip 97501 i hereby certify that the statements and information contained in !his application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. t understand that alt property pins ,^gust be shown on the drawings and visible upon the site inspection. it the event the pins are not shown or their location found to be ircoune t. the owner assumes full responsibility. ! further understand that if this request is subsequently contested, the burden will be or me to es.abri., r 11 Char ! croduced su rrc+ent factual sviderce a, the hean=ng to suppo.q this fequeSe; 2) tha! the findi..ags of fact furnished justifies the granting of the request: 3J that the Endings of fact rumished by me are adequate and 5tr;her 4) that all'structures or improvements ar - property 1ec3t6d do the gro!�nd Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon geeing required to be removed, y pen • !f [ _ aQy.doqts, i am advised to seek competeM, professional advice and assistance. t�lF _Kpplicantv Signa re Date As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property owner. /� C)5 -,7 Property Owner's Signature (required) Date ro to co nimd ny Cq snof 7 E I r Date Received Zoning Permit TypeType Flung Fee [ f J �� 0 OVER N WAVPlanning Division 51 Winbum Way, Ashland, OR 97520 IVA& It 541488-5305 Commercial Site Review Street Address: i Description of Project: Applicant: Valuation Estimate em Property Owner; Valuation Estimate Prepared by:D- ) M Z. r Estimator Phone: gi SM —Oq( _ Estimator Email; JgUl FflLl.111„ ',tL, .�i DESCRIPTION: VALUATION: Excavation & Earthwork $ �'��' a Landscaping $ Parking Area(s) & Driveways $ d, Sid ewalkslPatiosA/Valkways $ -21 ISO New Construction — Materials & Labor Total" $is TOTAL PROJECT VALUATION: $ r j 9570 rI *Building permit valuations shall be based upon the Uniform Fee methodologies as established by OAR 918-050-0100. Planning Division 51 Winbum Way, Ashland, OR 97520 PFF11541-488-5305 Street Address: 192 Clear Creek Drive Description of Project: Three story, mixed use commercial building Applicant: David Waldron & Associates - Architect Property Owner: Anasazi West Clear Creek, LLC Valuation Estimate Prepared by: David Waldron, Project Architect Estimator Phone: 541-588-9917 Commercial Site Review Valuation Estimate Estimator Email: davidwaldron.waldron@gmail.com DESCRIPTION: VALUATION: Excavation & Earthwork $135 OOD Landscaping $ 28,000 Parking Area(s) & Driveways $ 35,000 Sidewalks/Patios/Walkways $10,950 New Construction — Materials & Labor Total* $ 1,500,000 TOTAL PROJECT VALUATION: $1 711,950.00 *Building permit valuations shall be based upon the Uniform Fee methodologies as established by OAR 998-050-0900. oft ROGUE PLANNING 9 DEVELOPMENT SERVICES, LLC 192 Clear Creek Drive Site Design Review for mixed use commercial building September 30, 2021 Site Design Review for a new mixed use commercial building Property Owner: Anasazi West Clear Creek Drive, LLC 603 Lake Street East, Suite 206 Wayzata, MN 55391 Architect: David Waldron Architects and Associates 1465 SW Knoll Avenue, Suite #1102 Bend, OR 97702 Land Use Consulting: Rogue Planning & Development Services, LLC Amy Gunter 1314-B Center Dr., PMB#457 Medford, OR 97501 Civil Engineer: Landscape Design: Subject Property Address: Map & Tax Lot: Comprehensive Plan Designation: Zoning: Overlays: 192 Clear Creek Drive Mixed Use Commercial Office Building Powell Engineering Todd Powell 1874 Rossanley Dr. Medford, OR 97501 Sue Mathis Landscape Design 16340 Lower Harbor Rd. STE 1-337 Brookings, OR 97415 192 Clear Creek Drive 39 1E 09 AB; 6603 Employment E-1 Detail Site Review Zone Residential Overlay Page Iof18 Request: Request for Site Design Review for a 7,893 square foot, three-story, mixed-use commercial condominium building. The ground floor is divided into two office spaces with a secure garage parking space at the rear. There are two residential units above. Each three-bedroom room, four bath unit consists of approximately 1,397 square feet on the second story and 1,085 square feet on the third story. These units are accessed from a rear entry lobby. The proposal seeks to modify the five-foot public pedestrian access easement along the east property line by adding a public utility easement and providing a 10 -foot wide, 8 -foot stamped concrete centralized pedestrian walkway between the subject lot and the adjacent lot to the west. Property Description: The subject property is on the south side of Clear Creek Drive. 192 Clear Creek drive is Lot 4 of the New Addition Subdivision. The subdivision was approved in 2000 and platted in 2002. Lot 4 has a frontage width of 63.64 feet and extends an average of 182.33 feet to the south. The lot area is 11,604 square feet (.27 acres). The property is vacant of structures and there are no significant natural features on the property. .\ CLEAR CREEK DRIVE 66100 �� vman Tltiiw YIc9 sass \ PCA120, Hu JC0 sa e� e� a 6602 6603 6604 6606 0.27 Ac 6.27 Ac 0.27 Ac 0.27 Ac a �� ng CS 17196 � �C� Pc rs NT 4 14i 6900 n.01 At \\\\\\ Mc i ea xo The site slopes generally from the south to the northeast with an approximately two percent slope from south to north. 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. 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 is present along the south property line. The alley surface is in poor condition. The railroad tracks are south of the alley public right of way. A ten -foot -wide Public Utility Easement (PUE) is present along Clear Creek Drive. There are utility boxes and cabinets for various public utilities in the PUE. A 10 -foot public utility easement is present along the south property line adjacent to the public alley. The property owner has worked with the adjacent property owner to the east where development is presently occurring, and shared electrical facilities are being installed within the PUE near the SE corner of the subject lot. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 2 of 18 There is a five-foot public pedestrian access easement along the east property line that extends from Clear Creek Drive to the public alley. The subject lot and the adjacent properties are zoned Employment (E-1). The subject property and the properties to the east, west, and south are within the Residential Overlay. The properties to the north, across Clear Creek Drive, are developed with employment type of businesses including manufacturing and production facilities, warehousing, and commercial office types of uses. These properties do not include the residential overlay. The property to the east is a large acre vacant parcel owned by Union Pacific Railroad. The lot and those adjacent area are also in the Detail Site Review overlay and the Wildfire Hazards overlay. Detailed Proposal: The request is for Site Design Review for a 7,893 square foot, three story, mixed-use, commercial building. The proposed building consists of two, attached wall, three story commercial and residential condominium structures. The area of the ground floor is proposed as 2,893 square feet. Each half of the structure consists of 809 square feet of commercial office space fronting on Clear Creek Drive, and an associated 499 square foot garage parking space accessed from the alley at the rear of the property. At the rear of the building is a 277 square feet lobby area that is for residential use. This area includes the residential lobby area, the stairs, and the elevator. To accommodate and encourage a live/work business environment, access to the garage is available to the residential lobby area. The garage will always remain available for parking for business related use. The upper floors are proposed as two story, three-bedroom, residential units. The second floor of each residence is approximatly 1,396 square feet in area and the third story is 1,085 square feet. There are decks for outdoor living areas provided on both the north and south side of the structure. The residences are accessed via the rear entry lobby area. The proposed 7,893 square foot building area complies with the minimum floor area ratio of .50 FAR which is 5,802 square feet. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 3of18 The three-story building is proposed as a single slope roof, modern, commercial structure. Strong orientation to the public street with accessible pedestrian access from the public sidewalk to the ground floor commercial tenant office space is provided. The structure is setback the minimum distance to provide clearance for the 10 -foot public utility easement. This area becomes a pedestrian plaza area between the structure and the front property line. The three-story building is proposed as a single slope, modern, commercial structure. Each office unit has a strong orientation to the public street with accessible pedestrian access from the public sidewalk to the ground floor commercial tenant office space is provided. The structure is slightly higher than the grade of the street as per the conditions of approval of the subdivision, but the existing grade of the property is level with the sidewalk and site development does not necessitate the grade be artificially elevated above the street. To create the most accessible site for all users, and achieve a pedestrian and bicycle -oriented layout, fill material is not proposed to be brought onto site to elevate the structure above the sidewalk and create a barrier to the street of stairs and grade changes. The proposed building is not below the grade of the street and the three-story construction provides a clear orientation, and sense of mass and scale at the street that is appropriate in the commercial zone. The landscape plan will demonstrate compliance with the Wildfire Standards for plant materials, irrigation measures and limited placement of mulch, etc. There are two large stature shade trees south of the parking area and two 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 2,638 square feet of landscape area or 20.4 % Parking: There are eight parking spaces required for the proposed development. The 1,600 square foot office areas require 3.2 parking spaces (1600/500=3.2) and the residential uses require four (4) parking spaces. There are two parking spaces within the garage and six parking spaces within the surface parking area at the rear of the building. The proposed on-site parking area is at the rear of the proposed building accessed from the alley. 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 Times New Roman font. 192 Clear Creek Drive Mixed Use Commercial office Building Page 4of18 Findings addressing 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. It can be found that the proposal complies with the standards for 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 not modified from when originally platted. There is no minimum or maximum lot dimension, or lot area in the E-1 zone. The proposed use of the site as office and residential are uses are allowed as permitted and special permitted uses. Office use is a permitted use in the zone. The residential units are special permitted uses. The proposed structure is oriented towards the public street and the covered, visually prominent, pedestrian -oriented entrances. The entrances are setback 17 feet, 10 -inches from the front property line. The area between the building and the street is a public utility easement and there is a pedestrian plaza area between the public sidewalk, the front property line and the structure. There are side yard setbacks provided to allow for a walkway and openings along this side of the structure. The proposed structures will comply with fire separation and fire rating standards for mixed use commercial structures and have been designed by Oregon Licensed Architects. The allowed density is the zone is four units (.27X 15 = 4). There are two residential units proposed which is less than the allowed density. The landscape plan was designed as a Wildfire Overlay zone compliant and where landscaping is within five feet of the structure, the landscaping is Fire wise compliant. The plan calls for 22.7 percent of the site area to be landscaped. The landscape area includes a storm waterftltration 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 fagode is spatially defined through the use of different materials, a large overhang from the deck above, commercial glazing the covered bicycle parking structure. Hardi-board with stucco finish and CMU veneer in Willamette Greystone are the primary exterior fo�ade materials. 392 Clear Creek Drive Mixed Use Commercial Office Building Page 5 of 18 The proposed building is 37'-1" tall. The proposed 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 17foot, 10 -inch 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, condominium building proposed for the site. The gross floor area of the ground floor is 2,893 square feet. The ground floor is proposed to have two units, each with 809 square feet of conditioned commercial office area. At the rear of the office units is a 495 square foot garage space. A lobby area is proposed as the access to the residential units. Of this, 1,618 square feet is devoted to commercial office use area, and a parking space for the commercial use, 995 square feet for each office and 491 square feet for each garage. The parking area is dedicated to the commercial use and is not for storage.. The proposal complies with the standard and more than 65 percent of the ground floor is for commercial use. There is 276 square foot area of the ground floor that is devoted to the residential entry lobby area, which is nine 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 are two residential dwellings. The allowed density of the property is four units. The proposed density complies. 192 Clear Creek Drive Mixed Use Commercial office Building Page 6 of 18 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 residences is the some as those of the underlying E-1 zone. 4. Off-street parking is not required for residential uses in the C -1-D zone. The property is in the E-1 zone. Each residential unit requires two parking spaces. The required parking for the residential use is proposed in the parking area. 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 will comply 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 fagade occupies the majority of the fagade and there is clear, pedestrian and access from the public street to the entrances. B. Basic Site Review Standards. I. 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 fagade is 50' — 4" wide which is the majority of the lot width which is 63'- 8". There is a public pedestrian access easement on the east side of the property and the side yard setback and walkway on the west side of the property. The spaces between the 192 Clear Creek Drive Mixed Use Commercial office Building Page 7 of 18 buildings are 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 building entrances are located within 20 feet of the street right-of-way. The entrances to the office spaces 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 more than 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. The screening will likely consist of wood fence materials that block the view of the trash area. 4. Designated Creek Protection. Not applicable 5. Noise and Glare. All artificial lighting complies with the standards of 18.4.4.050. The lights are shrouded downward to provide directional lighting but not spillage of light outside of the immediate area. There are no residential zones in the vicinity of the project site. 6. Expansion of Existing Sites and Buildings. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 8 of 18 Not applicable 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 complies with the required Floor Area Ratio of .50 (5,802 square feet). The proposed structure is 7,893 square feet. There are distinctive offsets and material changes in the fagade and in the building height along the facade that break up the massing and scale of the structure. All of the front facade 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. The door is slightly recessed and there is a cantilevered overhang of the balcony above 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 beset back more than five feet due to the 10 foot public utility easement. The area is proposed to be used for pedestrian walkway. 3. Buffering and Screening. Landscape buffers are proposed between the surface parking spaces adjacent to the alley and the property line. A landscape buffer of five feet is proposed along the west property line. 4. Building Materials. More than 15 percent of the exterior walls have substantial changes in relief. There is a substantial base, there are changes in fagade materials with the use of CMU veneer 192 Clear Creek Drive Mixed Use Commercial Office Building Page 9 of 18 Hardie board with smooth stucco finish. There are black colored, aluminum storefront style windows and doors. No bright or neon paint colors are proposed the majority of the building is not glass. A standing seam metal roof is proposed the roof is non -reflective. D. Additional Standards for Large Scale Projects. Not applicable. 18.4.3 Parking Access and Circulation: There are eight (8) parking spaces required for the proposed development. The 1,600 square foot office areas require 3.2 parking spaces (1600/500=3.2) and the residential units require two parking spaces for each unit far the total of 7.2 or eight (8) parking spaces. The proposal provides for all of the required parking on-site. Six parking spaces are proposed to be access from the alley from the proposed 22 -foot -wide driveway. Two of the parking spaces are within the garage. Adequate bicycle parking will be in various locations around the site to provide the most convenient parking for the users. There is a four space U -rack proposed behind the sidewalk at the front of the building visible from Clear Creek Drive. Two additional spaces are proposed at the rear of the building near the residential entrances. Additionally, bike parking will be available within the garages. 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 in the parking area with on accessible route to the pedestrian walkway that extends from the parking area to the building facade. All vehicular access is proposed from the public alley. 18.4.3.080 Vehicle Area Design A. Parking Location All proposed parking is behind the fagade of the structure and not visible from the public street. B. Parking Area Design. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 10 of 18 The parking area has six parking spaces. The spaces are proposed to be 9 -feet wide and 18 feet deep with 22 feet of backup area to allow turn around. One space has an ADA van off-loading zone. This parking area is designed to capture and treat surface run-off through the landscape swale. Two of the parking spaces are proposed to be covered within the garage area, and a substantial area of the driveway is proposed as permeable surfaces which will reduces the microclimatic impacts of the parking spaces which complies with AMC 18.4.3.050.8.5 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. All parking and vehicle circulation is from the alley. There are ail weather surfaced, pedestrian connections on the site that lead from the parking area to the structure. There is a pedestrian plaza area and walkway from the street to the entrance of structure as well. The proposal includes the relocation of the five foot pedestrian access easement along the east property line in favor of a wider, more well lit, visible, and welcoming pedestrian access from the alley, the parking area and leading through to Clear Creek Drive than the ones along the sides of the buildings. D. Driveways and Turn -Around Design The proposed eight space parking area is proposed to have a driveway of 22 feet in width to facilitate the flow of traffic from the alley onto the site. There is adequate vehicle back up and turn around area so that all vehicles enter the alley in a forward manner. K Parking and Access Construction. The parking area and drive aisles are proposed to be paved with a combination of asphaltic and porous solid surface. The on-site collection of drainage waters has been engineered by the project civil. There is little percolation on site and following treatment, the stormwater will go into the city system. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 11 of 18 The parking area will have paint or wheel stops to delineate the individual parking spaces and ADA off-loading zone. 18.4.3.090 Pedestrian Access and Circulation A safe, direct, convenient walkway system that leads from the street to and through the parking area and out to the public alley has been proposed. The proposal seeks to relocate a required five-foot pedestrian access that is on the east side of the property to partner with a five-foot pedestrian access on the adjacent property further east. The adjacent property will be installing a DG path. This proposal requests the improved pedestrian access be dedicated adjacent to the west property line to be shared with the adjacent property to the west. This access easement will be surfaced with a meandering path of 8 -feet and be a clear easement width of 10-12 feet. The physical space of the area of the easement is even wider. To provide an inviting entry to the pathway and the pedestrian space between the buildings, pergola structures are proposed. These are intended to draw the pedestrian into the site and to utilize the well -lit, wider, better defined and more secure that a side yard path that is less defined than the proposed pathway. 18.4.4.030 Landscaping, Lighting and Screening The proposed landscape plan provides for minimum landscape areas. There is more than 20 percent of the total lot area devoted to landscape areas. The proposed landscape plan uses a variety of deciduous trees, evergreen shrubs and ground covers. The street trees proposed are found in the street tree guide. They are suggested to change to not be Callery pear but some other larger stature street tree that will shade the on -street parking. Water conservative landscaping has been selected. Proposed plant materials will be to the standards and sizes of AMC 18.4.4.030. C. 6. The proposal seeks an exception to AMC 18.4.4.0303.F.2. Which requires a five-foot landscaped strip to screen parking abutting a property line. Exception findings are provided on the following pages. Mechanical equipment will be screened to limit view from the public right-of-way. The building will have solar ready roofing which is not subject to screening requirements. 1.8.4.4.040 Recycling and Refuse Disposal 192 Clear Creek Drive Mixed Use Commercial Office Building Page 12 of 18 The recycle and refuse enclosure area is at the rear of the building and is to be screened from the public alley view with a five -to -eight foot screening fence to limit view of adjacent properties. The portion of the trash/recycle enclosure area devoted to recycling area will be equal to or greater in size than the portion devoted to refuse. 18.4.4.050 Outdoor Lighting There are parking lot light poles that are not greater than 14 feet in height. The light fixtures will not obstruct and public ways, driveways or walkways. 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 proposed setback from the front property line complies with required solar setbacks as the rights-of-way are allowed to be shadowed by development. D. City Facilities. The proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, and adequate transportation can and will be provided to the subject property. 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 tap the 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. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 13 of 18 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. The proposal seeks on exception to AMC 18.4.4.030.F.2.a. Screening Abutting Property Lines. A five-foot landscaped strip shall screen parking abutting a property line. The reason for the request is due to the required number of parking spaces, the required dimensions of parking spaces, buffers and maneuvering aisles are wider than the lot width allows. The proposal seeks to reduce the buffer along the east property line and eliminate the buffer on the west property line where the parking area abuts the proposed centralized public pedestrian access easement and walkway. 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; The lot width as platted is 63.64 feet wide. The demonstrable difficulty in meeting the standards is that the lot width is less wide than standard parking area, maneuvering and landscape buffering dimensions require. The standard parking space is required to be 18 feet deep, each parking space requires a 22 - foot back up aisle, this is 40 feet of depth for each parking space with two rows of parking utilizing a shared drive aisle, the required depth of parking is 58 feet. In addition, five feet of landscape on both sides required for a total improved width of 68 -feet. This is greater than the lot is wide. The proposed development of the site is with low intensity, office use and fewer than allowed residential units thus limiting the number of parking spaces on site. With all parking required to be accessed from the alley, the basic parking lot dimensions do not fit within the lot width. Eight, head -in spaces with landscape buffers directly adjacent to the alley are wider than the lot is wide and creates a substantial walk for business and residential users from the parking to the building, so this layout does not comply. The lot is long and narrow thus necessitating the single drive aisle and the dual rows of parking accessed from the driveway. 192 Clear Creek Drive Mixed Use Commercial office Building Page 14 of 18 The limited lot width and the required number of parking spaces, adequate dimensions, and maneuvering area, drive aisles is a demonstrable difficulty in direct compliance with the standards. The proposed, relocated pedestrian walkway to the centralized location on the west side of the subject lot parking area leaves a small, -18-inches between the parking spaces and the east property line. There is more than five feet to the building on the adjacent property and to their parking area thus meeting the intent and purpose of the code which is to buffer the parking areas from adjacent uses. This side of the adjacent development to the east is the is an unadorned, blank, side wall. The proposal to shift pedestrians away from this type of corridor to a well -lit, observable, walkable for all abilities and central to the block is a benefit to the subdivision and the individual lot proposing the modification. This allows for a wider than ten foot landscape buffer between the parking spaces on the subject lot and the adjacent development parking spaces, this benefits both developments by allowing larger area for better landscape survivability. 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; or See findings above. 3. There is no demonstrable difficulty in meeting the specific requirements for a cottage housing development, but granting the exception will result in a design that equally or better achieves the stated purpose of section 18.2.3.090. (Ord. 3147 § 9, amended, 1112112017) Not applicable. 18.5.6.040 Minor Modification 1. A Minor Modification is a change to an approved plan or condition of approval that does not meet any of the thresholds for a Major Modification listed in section 18.5.6.030.A. For minor amendments to partitions and subdivisions, see also, subsection 18.5.3.020.F. C. Minor Modification Approval Criteria. A Minor Modification shall be approved only upon the approval authority finding that all of the following criteria are met. 1. Minor 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. Notice shall be provided in accordance with chapter 18.5.1. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 15 of 18 The proposal is to add a public utility easement upon the existing public pedestrian access easement along the east property line of the subject lot. There is a minor encroachment into the easement proposed with pavement and curbing. The functional public pedestrian access will be provided along the west property line of the subject lot, shared with the adjacent property to the west owned in common. The modification is a minor change of conditions from the original approval (PA2000-096). The proposal adds a ten -to -twelve foot -wide public pedestrian access easement, with an eight foot improved width to be shared with the adjacent property to the west. The easement and improvements extend between the two buildings (new development proposed at 188 Clear Creek Drive) that are owned in common allowing placement of the easement upon the properties. The impact to subdivision is positive. The connectivity for pedestrians through the properties is improved with the proposed pedestrian connection. The proposed walkway will have scored/stamped concrete to distinguish it from the other surfaces. The proposed pergola is to invite users through the site and this proposed location being wider, more visible than along the sides, better lit and necessary for access to the parking area, refuse area and a direct wide connection that one con see through, it provides the feeling of more security and safety, and less area for hidden zones. Other than the requirement that there be an access easement, there is no clear direction in the subdivision approval or in subsequent development since. The development at 186 Clear Creek Drive is built up to the easement and there is lawn and shrubbery that was established in 2006 but no clear pedestrian path. The proposal retains the existing easements and adds a public utility easement to the existing easement and a new public pedestrian easement. AMC 1.8.5.3.020 F. Minor Amendments. The following minor amendments to subdivisions and partitions are subject to ministerial review in chapter 18.5.1.040. Changes to an approved plan or condition of approval that do not meet the thresholds for a minor amendment, below, are subject to chapter 18.5.6, Modifications to Approved Planning Applications. 1. A change that does increase the number of lots or parcels created by the subdivision. The number of lots in the New Addition Subdivision is not increased with the minor modification. 2. A change that does not enlarge the boundaries of subdivided or partitioned area. The change does not enlarge the boundaries of the subdivide or partitioned area. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 16 of 18 3. A change that does not alter the general location or amount of land devoted to a specific land use. The change does not alter the location or amount of land devoted to a specific land use. 4. A change that snakes only minor shifting of the established lines, location, or size of buildings or building envelopes, proposed public or private streets, pedestrian ways, utility easement, or parks and common open spaces. (Ord. 3191 § 31, amended, 1111712020) The proposal is a minor addition of a public utility easement to a public pedestrian access easement and to create a new public pedestrian access easement and to allow for a minor encroachment into the existing public pedestrian access with pavement and curbing of the parking area. 2. A modification adding or altering a conditional use, or requiring a variance, administrative variance, or exception may be deemed a Major Modification and/or may be subject to other ordinance requirements. The modification request does not require a CUP, administrative exception or variance and does not appear to be subject to other ordinance requirements. 3. The approval authority shall approve, deny, or approve with conditions the application, based on written findings; except that conditions of approval do not apply, and findings are not required, where the original approval was approved through a Ministerial review. The modification request seeks to allow the addition of a public utility easement to the existing pedestrian access easement and to add a new public pedestrian access easement along the east property line to be shared with the adjacent property to the east that is owned in common. The findings above describe the requested modification and its impacts and that the proposal improves pedestrian access and circulation through the subdivision that the narrow, side of building pedestrian easement that was approved in 2000 contemplated but provided no direction as to how to achieve the pedestrian access condition. Respectfully submitted, Amy Gunter Rogue Planning & Development Services 192 Clear Creek Drive Mixed Use Commercial office Building Page 17 of 18 Attachments: DEQ Clearance Letter Electric Distribution Plan Subdivision Survey Proposed Development Plan Set T1.0 — Title Sheet T3.0 — Renderings and Materials A1.0 — Site Plan A2.1— First Floor Plan A2.2 — Second Floor Plan A2.3 —Third Floor Plan A4.0 —Roof Plan A5.1— Exterior Elevations A5.2 — Exterior Elevations C2.0— Erosion Control Plan C4.0 — Preliminary Grading and Drainage Plan C5.0 —Site Utility Plan LC — Landscape Plan 192 Clear Creek Drive Mixed Use Commercial Office Building Page 18 of 18 MOY�1 S—�GsA1 I ^i -SA PM llr)"I Wn17FW'GZFPF431 iY Jren.gon %fto torn kwtahg',,10 April 18, 2000 Mr, Bob Mukwvrth Union Pacific Railroad 1416 Dodge St., Room 930 Omaha, NE 68179-0930 Re: Application of residential Buffer Zone Ashland Rail Yard Project Dear Mr, Markwanh: Sdi AAAA 'Ri P 04 EXHIBIT E, p9•l Department of Environmental Quality Wesrern Region 1102 Lincoln Suite 210 Eugene, Ort 9,-401 (541 ) 6a6 -78:,,y The Oregon Department of Environmental Quality {D1rQ) was recently asked to clarify the interpretation and application of the residential buffer zone being considered for the Ashland Rail Yard site. A question has specifically arisen as to the application of the buffer zone adjacent to employment district zoning. This letter responds to those requests. The basis for the buffer zone is contained in Oregon Administrative Rule 340-122-045, which describes the application of Oregon's Numerical Soil Cleanup Levels. The Numerical Soil Cleanup bevels provide an alternative to cornpleting a site-specific human health risk assessment through the use of conservative chemical -specific cleanup levels. The Numerical Soil Cleanup Levels are only applicable for sites and contaminants where there is no impact to surface water, groundwater or sensitive environments by the contaminants. At the Ashland Rail Yard site, use of the Numerical Soil Cleanup Levels has been proposed for lead, which has been found in surface soils across the site but has not been found in surface water or groundwater, Dead is also a good candidate for use of the Numerical Soil Cleanup Levels since standard site-specific risk assessment approaches are generally difficult to use to evaluate and quantify lead exposure, The Numerical Soil Cleanup Level Tables contain cleanup target values for both residential and industrial uses, For lead, the residential maximum soil concentration is 200 mglkg and the Industrial maximum sail concentration is 2.000 mg/kg. The difference in the two values is based on differing exposure assumptions used in the derivation of the standards. In application of the standards. residential concentrations are used unless it can be shown that the industrial levels are appropriate for a given site. OAR 340-1221-045 (7)(a) and (b) indicate that the industrial level is only applicable for facilities pla=ed and zoned for industrial use where appropriate institutional controls are in place to preserve the assumed uses. lti ka r"'*1 KAY -15-2001 12:57 PM DONE NDREWSREALTY Mir ,Bob AlarkwoPth, i,'PRR April 18, �Uf1t1 Page d 541 608. rS L EXHIBIT E, pg, 2 OAR 340.122-043 (7)(c) describes the buffer zone. In order to apply the industrial muximum soil cleanup level, the facility mast demonstrate that "uses of the facility and uses and Waning afprvpertie$ within 100 ureters ofthe coataminared area are industrial uses Qr are Other uses where the .Department cancurs that the evpvsure is limited and thus does not warrant application ofthe residential standard, " In reviewing these rules with respect to the Ashland Rail Yard and current and anticipated zoning in the area. DEQ has determined that residentiatly zoned areas exist to the south of the site -south of A Street -and to the north of the site —north and northeast of the oil water separator ponds on the site- that will require application of a 100 -meter buffer zone for lead. In other words, within 100 meters of any residentially zoned property, the cleanup standard for lead at the Ashland Rail Yard site will he Zoo mg/kg, In other areas of the site that are not within the I00 -meter buffer zone and are currently zoned for industrial or employment districl use, the industrial cleanup standard of 2,000 mg/kg will apply so long as appropriate institutional controls are put in place to limit residential use and exposure, The specifics of these butitutiorml controls will need to be negotiated with, and agreeable to, DEQ. DEQ has determined that, given the specifics ofthe City of Ashland's employment district land use ordinance, the 100 -meter buffer zone is not applicable. This determination has been made on the finding that potential residential exposure scenarios within this employment district lazed use zone would be significantly different from the general residential exposure scenarios used in the development of the Numerical Soil C leanup Level rules. Based on this finding, DEQ will not apply a 100 -meter buffer zone to portions of the site bounded by property with mixed use employment district zoning, such as the property adjacent to the western rail yard property boundary, 1 hope that this letter has helped to clarify the basis, use and application of the buffer nano at the Ashland Rail Yard site. Please call ate if you have any questions on this stetter or any other aspect of the project. I can be reached at 686-7838, ext. 253. Sincerely, Michael J, McCann Project Manager Voluntary Cleanup Program cc, Janice Zlnlcy, ERLW! 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LLJ L>51 w UC L) > ZI W Lu Z LLI 0 z � PH - CL 00 0 N 0 'i dic- HD W ln� .L of R, I' E -N z The comments of this pre -app are preliminary in nature and subject to change based upon the submittal of additional or different information. The Planning Commission or City Council are the final decision making authority of the City, and are not bound by the comments made by the Staff as part of this pre -application. ASHLAND PLANNING DEPARTMENT PRE -APPLICATION CONFERENCE COMMENT SHEET September 15, 2021 1Ll111ILI MIRA r_MMeo7MIM1:4-ki k16'3 SITE: 188-192 Clear Cr. Dr. APPLICANT: Rogue Planning for Anasazi West Clear Creek LLC REQUEST: Minor Amendment to subdivision, Site Design Review, and Conditional Use Permit for a Commercial Hotel. This pre -application conference is intended to highlight significant issues of concern to staff and bring them to the applicant's attention prior to their preparing a formal application submittal. Proposal: As staff understands it, the proposal is a request for Site Design Review approval to construct two buildings separated by a new public easement for the properties located at 188 and 192 Clear Creek Drive. Because of the size of the buildings and the request for a CUP this will be reviewed as a type 11 application. Staff's chief concerns have to do with the relocation of the pedestrian easements, parking, and the proposed uses on the ground floor. Staff Understands the two proposed buildings to be: + 882: an 8 -unit commercial hotel (4-1 bedroom units 1' floor, and 2-2bedroom units on the 2 d and Yd floors) • 992: 2 -commercial (livelwork spaces) I" floor, 2" and 3rd floors 2-3 bedroom condos. Generally: Staff are generally supportive, and look forward to seeing Clear Creek Drive fully develop. Keys issues with an application should focus on: 1) Modifying the existing public easements and dedication of a new one 2) Finding a balance of proposed uses which works with available parking, and finding a means to manage parking long-term as tenants change a. In terms of the proposed "extended stay" hotel units, these would be limited to occupancy for not more than 30 days with required remittance of the Transient Occupancy Tax. While the upper floors could be occupied as full-time dwellings if the applicant preferred the first floor would need to continue to operate as a commercial hotel (or another permitted or special permitted uses other than residential). b. The applicant will need to snake clear how the proposed live work space meets the required ratio between approved commercial uses and residential. 3) Addressing the applicable design standards through the final designs (no major issues here). EASEMENTS: For staff, the primary concern with relocation of the easement is that, if shifted between the buildings and made to seem part of the landscaping of the private buildings it will 188-192 Clear Creek Dr/aha & dds September 15, 2021 Page 1 appear part of the private development and discourage the intended public pedestrian use. Staff believes that the final treatment will need to clearly present as a public easement Staff understands that the proposal includes extinguishing the existing easements on either side of the project. If the easements are proposed to be extinguished the applicant should discuss the procedure with the Department of Public Works. For reference see AMC 4.18 and AMC 13,02.010.G (thisprocess may require council approval). The applicant should also consult with either a surveyor or land use attorney for the best process to dedicate the proposed easement. The dedication and the modification of the existing easements constitutes a minor amendment to the subdivision and can be approved as a ministerial procedure. 98.5.3.820.F. Minor Amendments. The following minor amendments to subdivisions and partitions are subject to ministerial review in chapter 18.5.1.04 . Changes to an approved plan or condition of approval that do not meet the thresholds for a minor amendment, below, are subject to chapter 18.5.6, Modifications to Approved Planning Applications. 4. A change that makes only minor shifting of the established lines, location, or size of buildings or building envelopes, proposed public or private streets, pedestrian ways, utility easement, or parrs and common open spaces. Staff feels it is important based on the proposed central pedestrian easement that the amendment to the subdivision easements and site design review be done for both buildings concurrently to enable the development of the common areas to be done simultaneously. USES: The E-1 zone requires that at least 65% of the ground floor be an approved commercial use. It is difficult for staff to see the distinction on how the proposed configuration will meet this ratio. Furthermore, in talking with the building official (citing section 419 of the building code) the live work provisions require that no more than 50% of the allowed space be commercial. The applicant will need to resolve these conflicts prior to the final application. If the applicant chooses to delineate these into separate commercial and residential spaces to demonstrate compliance with this provision, and if the proposed interior parking is to support the residential use it would be required to be included in the calculation of ground floor ratio. The application also includes a Conditional Use Permit to allow the eight units to be used as "extended stay" hotel units. Please note that the definition of hotel/motel as provided in AMC 18.6: "Hotel/Motel. A building or portion thereof designed and used for transient lodging in a non-residential zone for a_perio_ d_ of less than 30 days, lodged with or without meals and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities." PARKING: The parking provided for 182 is sufficient to support the 8 hotel rooms. However, if the upper floors were desired to convert to full time dwellings they would require 1.75 parking spaces each and there would not be sufficient parking without providing at least 1 additional space. Staff is concerned that the two inside parking space for 192 may ultimately be used for storage and create a parking demand shortage. PLATTING: A final application shall make clear all proposed properties lines if the property is 188-192 Clear Creek Dr/aha & dds September 15, 2021 Page 2 proposed to be platted as condos. This would also need to show all proposed easements. Finally: It is important that a final application have consistency between the drawings and narrative/findings for how they are meeting all square footage so that it clear to both planning staff and commission. Please note that the definition of Gross Floor Area: Gross Floor Area. The sum of the gross horizontal areas of all enclosed floors measured from the exterior faces of exterior walls or from the center line of walls separating two buildings, but excluding basements, attic space providing structural headroom of less than six and one-half feet, and unenclosed steps, porches, terraces and balconies. ITE DESI RE IE Written findings for the project will need to address the approval criteria for Site Design Review in blue below as well as applicable standards for Basic Site Review for Commercial Development; Detail Site Review; Additional Standards for Large Scale Projects (due to square footage and 100+ foot length); Parking, Access and Circulation; Landscaping, Lighting and Screening; and Street Tree Standards. 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 (port 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 18.4.5 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 con 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, 2, or 3, 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; 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, or 3. There is no demonstrable difficulty in meeting the specific requirements for a cottage housing development, but granting the exception will result in a design that equally or better achieves the stated purpose of section 1$.2.3.09 (Ord. 3147 § 9, amended, 11/21/2017) 188-192 Clear Creek Dr/aha & dds September 15, 2021 Page 3 Basic Site Review (See htt s://ashiand.munici al.codes/LandUse/18.4.2.040.B ): ■ The applicant may wish to consider if there's a way to establish more of a sense of entry into the central courtyard between the two building elements, although this may already be accomplished in the current design and simply downplayed by the two dimensional/black & white drawings. Detail Site Review (See https://ashland.municipal.codes/LandUse/18.4.2.040.0 ) AMC 18.4.2.040.C.1.d & .C.l.f require that, "Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to entrances" and "Buildings shall incorporate arcades, roofs, alcoves, porticoes, and awnings that protect pedestrians from the rain and sun." Planning Commissioners have typically looked for awnings, alcoves or other areas of pedestrian protection which provide a depth of at least seven feet to provide a shelter and give emphasis to entries. Additional Standards (see https://ashland.munieipal.codes/LandUse/18.4.2.040.D ) ■ The final application submittal should detail plaza space treatment with at least four of the six requisite elements discussed above, along with a size- and species-specific landscape plan. Parking/Parking Management Strategies: As detailed further below, residential units and hotel units identified as "extended stay" would both need to meet the parking requirements for residential units, and the key with the proposal would be identifying the mix of uses which would work with the available parking in a way that could be managed over the long-term. Parking Management Strategies including on -street credits, mixed use credits, joint -use credits, etc. can potentially be used to reduce required off-street parking by up to 50 percent and would be considered by the Planning Commission based on site-specific evidence. Conditions of Original Subdivision: Finished Floor Elevations: As noted in the materials provided, the subdivision approval required that finished floor elevations of the ground floor of any future structures be above the sidewalk elevation along the property frontage, and that a grading plan demonstrating this be provided with each Site Design Review application. Provided that the amendment to the subdivision is complete the improvement of the previously dedicated easements will not be required. (Between Lots 2 & 3 and 4 & 5): CONDITIONAL USE PERMIT - "EXTENDED STAY" HOTEL The primary issue with an extended stay hotel is that a hotel is specifically defined as transient lodging for a period of less than 30 days, while residential dwelling units are for more permanent occupancy (i.e. greater than 30 days). As mentioned above while the upper floors could be occupied as long term dwellings provide sufficient parking is provided to continue complying with the ground floor commercial/residential split, these will only be approved for hotel use, and registering for and paying business licensing and Transient Occupancy Tax. Any change to another approved commercial use would require a modification to the planning action. 188-192 Clear Creek Dr/aha & dds September 15, 2021 Page 4 Conditional Use Permit for Hotel Use (AMC 18.5.4.050): Within the E-1 zone, hotel use is subject to Conditional Use Permit approval, and would need to demonstrate that the adverse material impacts of hotel use in combination with the other proposed uses would be no greater than the target use of the property, which here would be development of the property to a 0.50 Floor Area Ratio for general office use. Conditional Use Permit applications must include written findings to address the criteria in blue below. Approval Criteria, A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. 1. That the use would be in conformance with ali standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone, pursuant with subsection rj8.5.4.050.A.4 below. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone. a. Similarity in scale, bulk, and coverage. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c. Architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. e. Generation of noise, light, and glare. f The development of adjacent properties as envisioned in the Comprehensive Plan. g. Other factors found to be relevant by the approval authority for review of the proposed use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows. f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. B. Conditions of Approval. The approval authority may impose conditions that ore found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. 188-I92 Clear Creek Dr/aha & dds September 15, 2021 Page 5 GENERAL Neighborhood Outreach: Staff always recommends that applicants approach the affected neighbors, make them aware of the proposal, and try to address any concerns as early in the process as possible. Notices are typically sent to neighbors within a 200 -foot radius of the property. Written Findings/Burden of Proof: This pre -application conference is intended to highlight significant issues for staff and bring them to the applicant's attention prior to their preparing a formal application submittal. Applicants should be aware that written findings addressing the ordinance and applicable criteria are required, and are heavily depended on when granting approval for a planning action. In addition, the required plans are explained in writing below. The burden of proof is on the applicant(s) to ensure that all applicable criteria are addressed in writing and that all required plans, written findings, and other materials are submitted even if those items were not discussed in specific, itemized detail during this initial pre -application conference. r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r rw rr rr rr r rw i.r w� wr r r r r r r OTHER DEPARTMENTS' COMMENTS BUILDING DEPT: No comments at tills Time Please contact the Building Division for any code - related information at 541-488-5305. PUBLIC WORKS/ENGINEERING: Public .Warks/Engineering: comments to be..provide l separately` Please contact Karl Johnson of the Engineering Division for any additional inforrnation at 541-552-2415 or via e-mail to karlJohnsonaashland.or.us . WATER AND SEWER SERVICE: "if the project requires additional water services or upgrades to existing services the Ashland Water Department will excavate and install in the city right-of-way al/ water services up to and including the meter on domestic and commercial water lines. If a fire line is required the water department will only install a stub out to the location where the double check detector assembly (DCDA) or reduced pressure detector assembly (RPDA) complete with a Badger® brand cubic foot bypass meter should be placed in a vault external to the building. The vault and the DCDA or RPDA device housed in it are the responsibility of the property owner and should be placed at the property line. Fees for these installations are paid to the water department and are based on a time and materials quote to the developer or contractor. Meter sizes and fire line diameters will need to be provided to the Water Department at the time of a quote being requested. The Ashland Water Department is also requiring new projects to comply with all current cross connection rules and regulations, this may require backflow prevention devices to be placed of the potential hazard or just behind the meter or connection for premises isolation depending on the degree of hazard, type of intended use of the facility or even the geographical location of the building or facility. Please Contact Steve Walker at 541-552-2326 or e-mail walkers@ashland.or.us to discuss the intended use of the facility or property and any potential cross connection hazards associated with it or far any questions regarding water connections. ' ELECTRIC SERVICE: "Please have applicant contact the Electric Department to discuss and develop electrical layout plans for project. See attached map of area. Regards, Dave Tygerson." Please contact Dave Tygerson in the Electric Department for electrical service requirements or fee 188-I92 Clear Creek Dr/aha & dds September 15, 2021 Page 6 information at (541) 552-2389 or via e-mail to dave.tygersonLivashland.or.us. Dave will arrange an on-site meeting and assist the applicants in developing an approved electric service plan. Please allow additional time for scheduling and conducting an on-site meeting and subsequent plan preparation. Applications will not be deemed complete without an approved electric service plan. FIRE:rye Depart�rae.nt comments to be pMvidecl separately: Please contact Fire Marshall Ralph Sartain at (541) 552-2229 or via e-mail to ralph.sartainaashland.or.us for information on Fire Department requirements. CONSERVATION: See the City of Ashland Conservation Division's website at www.ashland.or.us/conserve for information on available technical or financial assistance for conservation measures including solar electric incentives and commercial lighting efficiency programs. For additional information, please contact: o New residential construction programs: Dan Cunningham, 541-552-2063 or dan.cunnin ham 2 ash! and. Or. LIS c Commercial lighting and controls: Larry Giardina, 541-552-2065 or tarry. iardina@ashland.or.us o Water Conservation: Julie Smitherman, 541-552-2062 orJulie.sn)ithermari@a5hlL4na.cr.us UNDERLYING ZONE PROVISIONS (See AMC Table 18.2.6.030) Zoning: E-1, with the Residential and Detail Site Review Overlays. See AMC Table 18.2.6.030 "Unified ,Standards for NonResidential Zones" for zoning district requirements. 188-192 Clear Creek Dr/aha & dds September 15, 2021 Page 7 APPLICATION DETAILS Procedure: Site Design Review is required for new buildings in the E-1 zone. Because the proposal involves a total building area greater than 10,000 square feet/length greater than 100 feet in the Detail Site Review zone, a Type lI procedure is required. A Type I1 procedure involves a decisionn through a public hearing before the Planning Commission with the potential for an appeal "on the record" to Council. (Similarly, Conditional Use Permits involving new buildings are also be subject to Type II procedures. ) Type 11 Application Re uirements AMC 18.5.1.060.A 1. Application Form and Fee. Applications for Type II review shall be made on forms provided by the Staff Advisor. One or more property owners of the property for which the planning action is requested, and their authorized agent, as applicable, must sign the application. The required application fee must accompany the application for it to be considered complete. 2. Submittal Information. The application shall include all of the following information. a. The information requested on the application form (application form available on-line at: https://www.ashland.or.us/SIB/files/Comm%2ODev/­`16Zoning Permit Application. df). b. Plans and exhibits required for the specific approvals sought (see below). c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail (see below). d. Information demonstrating compliance with all prior decision(s) and conditions of approval forthe subject site, as applicable. e. The required fee (See below, fees increase annually. With the current state of emergency, annual fee increases have been delayed but should be occurring shortly — applications are subject to the fees in place at submittal.) Plan Requirements Two (2) readable copies of the plans below on paper no larger than 11 -inches by 17 -inches are required, in addition to any full-sized plans provided. Note: The 11x17 copies are used for the Planning Commission packets and for the notices mailed to neighbors. Please submit clear, reproducible copies. The final application submittal need to include scalable drawin s with i ra hic scale to facilitate review by staff, commissioners and the public. ❑ Two (2) copies of the materials required for a Site Design Review application as detailed in AMC 18.5.2.040. 11 Two (2) copies of the materials required for a Conditional Use Permit application as detailed in AMC 18.5.4.040. Narrative Submittal Requirements: Applicants are advised that in addition to required plans, written findings addressing how the ordinance criteria are satisfied in narrative format are required. The applicable criteria are included below. The Ashland Land Use Ordinance in its entirety may be accessed on-line at: https: /iashland. municipal, codes/Land Use 188-192 Clear Creep Dr/aha & dds September 15, 2021 Page 8 ❑ Two (2) copies of the written findings addressing the approval criteria for Site Design Review, as detailed in LUO 18.5.2.050. Criteria for "Exceptions to the Site Development & Design Standards" are included in this section. ❑ Two (2) copies of the written findings addressing the approval criteria for a Conditional Use Permit from Chapter 18.5.4.050 UPCOMING APPLICATION DEADLINES: UPCOMING PC MEETINGS: FEES: Minor Amendment to Subdivision Comm. Site Review (Type 11) Conditional Use (Type 11) Exceptions First Friday of each month Second Tuesday of each month $361.50 $2,190.75 + %2 % of valuation $2,190.75 $ 0 (if applicable) (See htt s: www.ashland.or.us S18 fifes Comm%2©Dev Forms%2C%208rochures%2C%20Handouts 2029-07-01 Planning Fees. df.) *NOTES: o Applications are accepted on a first came first served basis. o 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. o Application fees increase annually. With the current state of emergency, annual fee increases have been delayed but should be occurring shortly — applications are subject to the fees in place at the time of submittal. o Applications are reviewed for completeness in accordance with ORS 227.178. o All applications received are reviewed by staff, and must be found to be complete before being processed or scheduled at a Planning Commission meeting. a The first 15 COMPLETE applications submitted are processed at the next available Planning Commission meeting. For further information, please contact: September 15, 2021 Aaron Anderson, Associate Planner Date City of Ashland, Department of Community Development Phone: 541-552-2052 or e-mail: aaron.anderson a,ashland.or.us 188-192 Clear Creek Dr/aha & dds September 15, 2021 Page 9 Fire: Pre -Application Comments Project Address: 188-192 Clear Creek Permit Number: PreApp-2021-00288 Project Description: New Multi Use Ashland Fire & Rescue Contact: Ralph Sartain 541-552-2229 ralpb.sartain@ashland.or.us Fire department comments are based upon the 2019 Oregon fire Code as adopted by the Ashland Municipal Code, and Ashland Land Use Laws: Reference Description OFC 505.1 Addressing - New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 min). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. OFC 503.2.8 Fire Apparatus Access Approach -Tire angle of approach at the point where the public road transitions to the private fire apparatus access road must meet the City of Ashland Engineering Department specifications. AMC Fire Apparatus Access -Shared Access Easement -If a fire apparatus access road crosses onto or over another propeliy owners parcel, an easement must be obtained to provide access for fire apparatus. Easement language needs to include wording that indicates that the shared access easement may not be modified, removed, or obstructed in any way without prior written approval from Ashland Fire and Rescue. AMC Fire Apparatus Access -Commercial -If the furthest point on the structures is greater than 150' from the street, the entire length of the private drive or street must meet fire apparatus access. Fire apparatus access shall have a 20 -foot -wide driving surface, must support 60,000 pounds, have a maximum slope of 15 percent, and have veliical clearance of 13' 6". Inside turning radius is at least 20 feet and outside turning radius is at least 40 feet and must be indicated on site plans submitted for -building permits. Fire apparatus access is required to be signed as "No Parking -Fire Lane". Final plat needs to indicate that the private drive is fire apparatus access and must state that it cannot be modified without approval of Ashland Fire & Rescue. AMC Aerial Ladder Access — Structures exceeding 24 feet in height above the lowest level of fire apparatus access are required to provide access roads capable of accommodating fire department aerial apparatus. These access roads are required to be 26 feet in width in the immediate vicinity of the building. OFC Appendix D 105 as amended by. AMC 15.28.070 K & L D 105.1 Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by measurement to the cave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. 188-192 Clear Creek Dr/aha & dds September I5, 2021 Page 10 D105.2 Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the building and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be placed with the approval of the fire code official. OFC 503.1.1 Firefighter Access Pathway — An approved footpath around the structure is required so that all exterior portions of the structure can be reached with the fire hose. Any changes in elevation greater than two feet in height (such as retaining walls) require stairs. The stairs shall be an all-weather surface, and meet the requirements as specified in the Oregon Structural Specialty Code. OFC 503. 1.1 OFC B 105.1 Fire Flow — Fire flow is determined by table B 105.1 in Appendix B of the Oregon Fire Code. An increase or reduction as referenced by this code section may be required or allowed. Square footage of a structure for the purpose of determining fire flow includes all areas under the roof including garages, covered decks, basements and storage areas. A fire flow reduction of up to 75% can be allowed with the installation of a fire sprinkler system. AMC Fire Hydrant Spacing - The allowable distance between hydrants on new streets serving residential or commercial properties shall not exceed 350 feet. AMC Fire Hydrant Distance to Structures - Hydrant distance is measured from the hydrant, along a driving surface, to the approved fire apparatus operating location. Hydrant distance shall not exceed 300 feet. Hydrant distance can be increased to 600 feet if approved fire sprinkler systems are installed. 507.5.5 Fire Hydrants Clearance - Hydrants must have 3 feet of clearance extending from the center nut of the hydrant all the way around. Fences, landscaping and other items may not obstruct the hydrant from clear view. Hydrants must be shown on site plan when submitting for building permits. OFC 503. 1.1 Fire Sprinkler System — The installation of a fire sprinkler system will be required for this project. Fire Sprinkler System — if access to site exceeds 10 % the installation of a residential system will be required. The installation of a fire sprinkler system may be an acceptable means to mitigate deficiencies related to other fire requirements such as fire flow, hose reach, fire lane width, fire apparatus turn -around, distance to fire hydrants, and fire department work areas. OFC 503. 1.1 Fire Alarm System — The installation of a fire alarm system will be required for this project. AMC Fire Department Connection (FDC) - The FDC is required to be a 2'/2" Siamese female com1ection installed 18" to 48" above finished grade. A single 2 %2" NST female swivel connection with rocker lugs and cap is acceptable if hydraulic calculations are provided that indicate a single 2 1/2 " line will adequately serve the system. Fire flow alarm shall be placed on the FDC. FDC shall be placed in a location approved by the fire department. Locking Knox FDC Caps shall be installed. OFC 506.1 Key Box — (Knox Box) is required for commercial buildings with fire sprinkler or fire alarms systems. The Knox Box must be a 3200 series or larger with a hinged door and may be either surface 188-192 Clear Creek Dr/aha & dds September 15, 2021 Page 11 mounted or recessed into a wall. The installation location of the Knox Box will be determined by Ashland Fire & Rescue. The Knox Box is required to be installed in accordance with the manufacturer's instructions. The Knox Box can be ordered at www.knoxbox.com. inspection shall be requested from Ashland Fire & Rescue Fire Extinguishers - Provide 2A1 OBC fire extinguishers within 75 feet of travel distance. The fire extinguisher shall be mounted on the wall at approximately 48 inches above the floor. Gates and Fences — Obstructions such as gates, fences, or any other item which would block or reduce the required fire apparatus access width must be shown on the plans and approved by Ashland Fire and Rescue. AMC Wildfire Hazard Areas — On lands designated in the Wildfire Lands Overlay, a "Fuel Break" as defined in Ashland Municipal Code, section 18.3.10.100 is required. AMC Wildfire Hazard Areas - All structures shall be constructed or re -roofed with Class B or better non - wood roof coverings, as determined by the Oregon Structural Specialty Code. No structure shall be constructed or re -roofed with wooden shingles, shakes, wood -product material or other combustible roofing material, as defined in the City's building code. AMC 18.3.10.100 AMC Vegetation — existing and intentionally planted vegetation is required to meet AMC 18.3.10.10OB(2) General Fuel Modification Area Standards. The Fire Wise landscaping brochure provides diagrams and examples of how to meet these requirements. www.ashlandfirewise.org. Contact Ashland Fire & Rescue Forestry Division for a fuel break inspection. AMC Fire Season --- If work will be completed during fire season, check fire season fire prevention requirements found at www.ashland.or.us/fireseason. Construction General Information/Requirements Development shall comply with access and water supply requirements in accordance with the Oregon Fire Code in affect at the time of development submittal. Fire apparatus access roads are required to be installed prior to the time of construction. The approved water supply for fire protection (fire hydrants) is required to be installed prior to construction when combustible material arrives at the site. Specific fire protection systems may be required in accordance with the Oregon Fire Code. This plan review shall not prevent the correction of errors or violations that are found to exist during construction. This plan review is based on information provided only. Design and installation shall meet the Oregon requirements of the International Fire, Building, Mechanical Codes and applicable NFPA Standards. Final determination of fire hydrant distance, fire flow, and fire apparatus access requirements will be based upon plans submitted for Building Permit review. Changes from plans submitted with this application can result in further requirements. Any future construction must meet fire code requirements in effect at that time. The fire department contact for this project is Fire Marshal Ralph Sartain. He may be contacted at (541) 552-2229 or ralph.sartain@ashland.or.us. 188-192 Clear Creek Dr/aha & dds September 15, 2021 Page 12 PW: Public Works Conditions of Approval 1. Engineered Plans - Where public improvements are required or proposed, the applicant's engineer shall submit design plans for approval of all public improvements identified on the approved plan or as specified in conditions of approval. One set of these civil plans MUST be submitted DIRECTLY to the Public Works/Engineering Department. All design plans must meet the City of Ashland Public Works Standards. Engineered construction plans and specifications shall be reviewed and signed by the Public Works Director, prior to construction. All public facilities within the development will be designed to the City of Ashland Engineering Design Standards for Public Improvements. The engineered plans shall also conform to the following: • If drawings are submitted to the City of Ashland digitally, they shall be true scale PDF drawings. If AutoCAD drawings are also submitted, they shall be compatible with the AutoCAD release being used by the City at that time and shall be located and oriented within the Oregon State Plain Coordinate System (NAD83-89). • Drawings sizes shall comply with ANSI -defined standards for page width and height. Review drawings may be submitted in B size (11x17). Bidding and construction documents may also be printed at B size; however, all final as -constructed drawings must be submitted to scale on D -size (24x36) Mylar. Digital files of the as -constructed drawings shall also be submitted. Drawings shall be drawn such that reduction of plans fitom full size (D sized) to half size (B sized) can be done to maintain a true scale on the half -sized plans. 2. Street Improvement — No additional street improvements, beyond those necessary to comply with City Street Standards, will be required at this time. 3. Public Pedestrian Access — The proposed public pedestrian pathway leaves the proposed public pedestrian easement in a couple of locations. The easement should encompass the entire pathway 4. Right of Way — No additional right of way dedication, beyond that necessary to comply with City Street Standards, will be required at this time. 5. Sanitary Sewer - The property is currently served by a 8 -in sanitary sewer main in Clear Creek Drive. The applicant proposed improvements must be reviewed, approved and permitted by the City of Ashland Engineering Department. 6. Water - The property is currently served by a 8 -in water main in Clear Creek Drive. City of Ashland Water Department shall tap existing water main and install any new water services and water meter boxes that are proposed by development. City of Ashland Water Department must be contacted for availability, placement and costs associated with the installation of the new water service. Service & Connection Fees will also be required for any new water services installed as part of this project. 7. Storm Drainage - The property is currently served by a 12 -in storm sewer main in Clear Creek Drive. City of Ashland Engineering Department must review an engineered storm drainage plan. Storm Water Facility Design Requirements All development or redevelopment that will create or replace 2,500 square feet or more of impervious surface (buildings, roads, parking lots, etc.) area that discharges to an MS4 (municipal separate storm sewer systems), must comply with the requirements of the DEQ MS4 General Permit phase 2. Applicant MUST follow the guidance and requirements set forth in the current Rogue Valley Stormwater Quality Design Manual which can be found at the following website: 188-192 CIear Creek Dr/aha & dds September 15, 2021 Page 13 https,://www.rvss.us/pilot.asp?pg=Stoi-mwaterDesignmancial All stormwater calculations, reports, drawings, etc. shall be submitted to the City of Ashland Engineering Department for review. 8. Erosion & Sediment Control - The following requirements shall be met: • All ground disturbances exceeding 1,000 square feet shall implement an Erosion and Sediment Control Plan (ESCP). • A 1200-C permit will be secured by the developer where required under the rules of the Oregon State DEQ. City of Ashland Engineering Department must receive a copy of this permit before any construction shall begin. • Erosion Prevention and Sediment control measures that meet the minimum standards set forth by the City of Ashland Public Works/Engineering Standard Drawing CD282 must be in place before any construction related to the project begins. • Pollution, track out, and sediment dumping into storm water are strictly prohibited per AMC 9.08.060. • Drainage from automotive use areas shall be limited to oil concentrations of 10 mg/l by a pre - approved means. • Trash storage areas shall be covered or provide additional storm water treatment by an approved means. • Off street parking areas shall conform to Ashland Municipal Code 18.4.3.080.B.5, including provisions to minimize adverse environmental and microclimatic impacts. 9. Driveway Access —No additional improvements/requirements will be requested at this time, but the applicant proposed improvements must be reviewed and permitted by the City of Ashland Engineering Department. 10. Permits — Any construction or closure within the public right of way will require a Public Works permit and before any work in the right of way commences all necessary pen -nits MUST be obtained 11. As-Builts - Where public improvements are required or completed, the developer shall submit to the City of Ashland, reproducible as -built drawings and an electronic file of all public improvements constructed during and in conjunction with this project. Field changes made during construction shall be drafted to the drawings in the same manner as the original plans with clear indication of all modifications (strike out old with new added beside). As -built drawings shall be submitted prior to final acceptance of the construction, initiating the one-year maintenance period. 12. Addresses —Any new addresses must be assigned by City of Ashland Engineering Department, I88-192 Clear Creek Dr/aha & dds September 15, 2021 Page 14 C1 T Y O F Planning Division ,ASHLAND 51 Winbum Way, Ashland, OR PRE -APPLICATION CONFERENCE APPLICATION 97520 DESCRIPTION OF PROJECT Project Description Mixed use commercial ! residential building, development of an 8 -unit Hotel, Modification of Subdivision to relocate public pedestrian access easement APPLICANT Name David Waldron - Architect Address 1465 SW Knoll Ave., STE 102 PROPERTY OWNER Name Anazasi West Clear Creek Address 603 Lake Street East, Suite 206 DESCRIPTION OF PROPERTY Street Address 188 Clear Creek Dr./192 Clear Creek Dr. Phone 541-588-0917 city Bend Day Time Phone davidwaWmn.waldron@gmail.com E -Mail City Wayzata MN Zip 97702 Zip 55391 Assessor's Map No. 391 E 09AB Tax Lot(s) 6602/6603 SUBMITTAL REQUIREMENTS To request a pre -application conference, submit this form with true scale PDF drawings to Planning rx_ashland.or.us. The application will need to include plans addressing the application submission requirements including site and landscaping plans drawn to a standard scale and formatted to print to scale on paper no larger than 11 -Inches by 17 -inches, 1, Completed Application. 2. Narrative — Provide a written description of proposal and request. (If in Historic District, provide pictures of existing structures, elevations of proposed structures and details of planned exterior design features and materials) 3. Site Plan — The site plan should contain all applicable elements in the Site Plan Checklist (see page 2) plus any other information pertinent to this proposal. The site plan will be checked to insure all applicable information is included at the time the pre -application date is set. 4. Additional information - Provide in the narrative or with the site plan: 1) Number of acres in development 2) Total gross square footage of all structures 3) Number of stories on each structure 4) Indicate number of and square footage of: a) Dwelling Units (include the units by the number of bedrooms in each unit — e.g. 10 1 -bedroom, 25 2 -bedroom, etc) b) Office Spaces c) Retail Units d) Other Spaces 5) Percentage of lot coverage by: a) Structures e) Landscaping b) Streets & Roads 0 Number of parking spaces c) Parking Areas/Driveways g) Total square footage of landscaped areas, d) Recreation Areas h) Other pertinent information of the proposed development 5. LEER® Certification— Indicate whether project will be pursuing LEER® certification. 6. Submittal Fee l Pg.2 of 5� PRE -APPLICATION SITE PLAN CHECKLIST PRE -APPLICATION BUILDING INFORMATION Please attempt to indicate the following (Note: if information is not known please leave blank) 1. Current Building Occupancy Type (select one): Assembly = More than 50 occupants Theaters, Restaurants, Nightclubs, Taverns and Bars, Community Halls, Art Galleries, Places of Worship, Arenas, Bleacher's, etc. Business = Less than 50 occupants Professional Service Office, Barber and Beauty Salons, Training and Skill Development not within a school or academic program, Bank, Print Shop, etc. Educational Schools K -12th Grade, Religious Educational Rooms and Auditoriums, Day Care Facilities ❑ Factory (F- Occupancy's include, among others, the use of a building or structure or portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations that are not classified as Group H -Hazardous or Group S -Storage Occupancy's Pg.3 of 5 YES NO N/A 1. Project Name V/ 2. Owner Name f 3. Site Address and Map & Taxlot Number V 4. Vicinity Map - with street names and locations of all existing and proposed ✓ streets within or on the boundary of the proposed development 5. Scale & North Arrow 6. Lot Layout with approximate dimensions for all lot lines V/ 7. Zonin Designations in proposed development and surrounding properties I/ 8. Location & Use of all proposed and existing building, fences and structures V/ 9. Indicate which buildings are to remain and which are to be removed 10. Location of all landscaped areas. Indicate existing trees, size, species, and approximate drip line outer branch location). Identify trees to be removed. 11. Location and size of all public utilities in and adjacent to the proposed development including water line and meter size, sewer lines, storm drain lines, nearest fire hydrant. 12. Locations of drainage ways or public utility easements in and adjacent to proposed development. 13. Location, size and use of all contemplated and existing public areas 14. Approximate topography (sloe of the site f 15. Location of all parking areas and individual and handicap parking spaces, ✓ ingress and egress on the site and on-site circulation 16. Use designation for the areas not covered by buildings (e.g. loading, storage, vacant, open space, etc. 17, Elevations of the building(s) I/ 18, Construction materials —wood frame, masonry, etc, (If project is in a Historic District provide pictures of existing structures and indicate proposed exterior r/ materials for siding, windows, trim and roofing) PRE -APPLICATION BUILDING INFORMATION Please attempt to indicate the following (Note: if information is not known please leave blank) 1. Current Building Occupancy Type (select one): Assembly = More than 50 occupants Theaters, Restaurants, Nightclubs, Taverns and Bars, Community Halls, Art Galleries, Places of Worship, Arenas, Bleacher's, etc. Business = Less than 50 occupants Professional Service Office, Barber and Beauty Salons, Training and Skill Development not within a school or academic program, Bank, Print Shop, etc. Educational Schools K -12th Grade, Religious Educational Rooms and Auditoriums, Day Care Facilities ❑ Factory (F- Occupancy's include, among others, the use of a building or structure or portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations that are not classified as Group H -Hazardous or Group S -Storage Occupancy's Pg.3 of 5 2. 3. High Hazard H -Occupancy's includes, among others, the use of a structure, or a portion thereof, that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities allowed in control areas complying with section 414 of the Oregon Structural Specialty Code. El institutional 1 -Occupancy's includes, among others, the use of a building or structure or a portion thereof for more than 16 persons, excluding staff, who reside on a 24 hr. basis in a supervised environment and receive custodial care. Detoxification Facilities, Hospitals, Medical Care, Nursing Homes, Congregate Living Facilities, Social Rehabilitation Facilities, Assisted Living Facilities, Alcohol and Drug Centers, Correction Centers, Jails, Reformatories, Adult and Child Day Care Facilities, ❑Mercantile Department Stores, Drug Stores, Markets, Motor Fuel -Dispensing Facilities, Retail or Wholesale Stores, Sales Rooms. 0 Residential Single Family Residence, Hotels, Motels, Apartment Houses, Vacation Time Shares, Congregate Living Facilities (more than 16 occupants), Assisted Living Facilities (with or without a Memory Care Endorsement), Residential Treatment Facilities, etc. Is a Change of Occupancy being requested? If yes, please indicate the proposed Occupancy Type: ❑ Assembly ❑ High Hazard ❑ Business ❑ Institutional ❑ Educational ❑ Mercantile ❑ Factory ❑ Residential If Residential please indicate which type (select one): F1 R-1 Occupancy Hotels (transient), Motels (transient), Boarding Houses (transient) with more than 10 occupants. R-2 Occupancy Apartment Houses, Congregate Living Facilities (non -transient) with more than 16 occupants, Dormitories, Hotels (non -transient), Motels (non -transient), Vacation Time Share Properties, Boarding Houses (non -transient) with more than 16 occupants, etc. R-3 Occupancy Detached One and Two Family Dwellings and Townhouses, Adult Care Facilities (six or fewer persons of any age less than 24 hrs.), Adult Foster Homes as defined in ORS Chapter 443, or Family Child Care Homes located in a private residence as defined in the Oregon Structural Specialty Code section 310.2. Buildings that do not contain more than two dwelling units, Boarding Houses (non -transient), Child Care Facilities that provide accommodations for six or fewer persons of any age for less than 24 hrs., Congregate Living Facilities (non -transient) with 16 or fewer occupants, Lodging Houses, etc.) R-4 Occupancy This occupancy shall include buildings, structures or portions thereof for more than five but not more than 16 persons, excluding staff, who reside on a 24 -hr. basis in a supervised residential environment and receive custodial care, Congregate Living Facilities, Halfway Houses, Social Rehabilitation Facilities, Alcohol and Drug Centers Assisted Living Facilities (with or without a Memory Care Endorsement), Residential Care Facilities (with or without a Memory Care Endorsement), Residential Treatment Facilities, Group Homes and Facilities, etc.) PgAof5 4. Type of Building Construction: Types 1 and 11 construction are those types of construction in which the building elements listed in Table 601 of the Oregon Structural Specialty Code are of noncombustible materials. Type Ili construction is that type of construction in which the exterior walls are of noncombustible materials and the interior building elements are of any material permitted by the Oregon Structural Specialty Code. Type IV Construction (Meavy Timber) is that type of Construction in which the exterior walls are of noncombustible materials and the interior building elements are of solid or laminated wood without concealed spaces. Type V Construction is that type of construction in which the structural elements, exterior walls and interior walls are of any materials permitted by the Oregon Structural Specialty Code. ❑ Type I ❑ Type IV ❑ Type 11 ❑ Type V ❑ Type III 5. Is the building equipped or proposed to be equipped with a Fire Protection System? (e.g., Fire Sprinklers or Fire Alarms) ❑ Yes ❑ leo Any questions regarding the pre -application conference or the formal land use application submittal can be directed to the Ashland Planning Division at (541) 488-5305. The City of Ashland Land Use Code can be found online at www.ashland.or.uslcode.asp by clicking on Chapter 18 and selecting the desired section. Pg.5 of 5 ift ROGUE PLANNING & DEVELOPMENT SERVIEES, LLE 188 Clear Creek Drive Site Design Review and Conditional Use Permit for a Hotel Condominium Building August 30, 2021 Site Design Review for a new mixed use commercial building Property Owner: Anasazi West Clear Creek Drive, LLC 603 Lake Street East, Suite 206 Wayzata, MN 55391 Architect: David Waldron Architects and Associates 1465 SW Knoll Avenue, Suite #102 Bend, OR 97702 Land Use Consulting: Rogue Planning & Development Services, LLC Amy Gunter 1314-B Center Dr., PMB#457 Medford, OR 97501 Civil Engineer: Landscape Design: Subject Property Address: Map & Tax Lot: Comprehensive Plan Designation: Zoning: Overlays: Powell Engineering Todd Powell 1874 Rossanley Dr. Medford, OR 97501 Sue Mathis Landscape Design 16340 Lower Harbor Rd. STE 1-337 Brookings, OR 97415 188 Clear Creek Drive 39 1E 09 AB; 6602 Employment E-1 Detail Site Review Zone Residential Overlay 188 Clear Creek Drive Site Design Review and Conditional Use Permit for a new Hotel Condominium structure Page 1 of 19 Request: Request for Site Design Review for an 8,399 square foot, three-story, eight -unit hotel condominium building. The proposed hotel building consists of four single room units and the second and third floor each have two, two room units. The hotel is a walkup style hotel that does not have an on-site manager. The condominium units are able to be owned in common or individually and operated on a less than 30 - day occupancy. If the units are sold separately and managed separately, each owner would require a separate business license and registration. One ownership, one management is proposed at this time. The also proposal seeks to modify the location of the five-foot public pedestrian access easement along the west property line and providing a 10 -foot wide, 8 -foot stamped concrete centralized pedestrian walkway between the subject lot and the adjacent lot to the east. Property Description: The subject property is on the south side of Clear Creek Drive. 192 Clear Creek drive is Lot 3 of the New Addition Subdivision. The subdivision was approved in 2000 and platted in 2002. Lot 3 has a frontage width of 71.09 feet and extends an average of 163.21 feet to the south. The lot area is 11,604 square feet (.27 acres). The property is vacant of structures and there are no significant natural features on the property. The site slopes generally from the south to the northeast with an approximately two percent slope from south to north. 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 further east of the subject property. 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 is present along the south property line. The alley surface is in poor condition. The railroad tracks are south of the alley public right of way. A ten -foot -wide Public Utility Easement (PUE) is present along Clear Creek Drive. There are utility boxes and cabinets for various public utilities in the PUE. A 10 -foot public utility easement is present along the south property line adjacent to the public alley. 188 Clear Creek Drive Site Design Review and Conditional use Permit for a new Hotel Condominium structure Page 2 of 19 CLEAR CREEK DRIVE 00 0.01 nfL v S1Mw 1'W K.20114X0 8xaa 6602 6603 loL�F N 6 6604 6605 027Ac 027 Ac 0.27Ac 0.27 Ac CS 17196 s `�V m 1� \ �!s 1 6900 6.01 Ac FW.M' n The site slopes generally from the south to the northeast with an approximately two percent slope from south to north. 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 further east of the subject property. 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 is present along the south property line. The alley surface is in poor condition. The railroad tracks are south of the alley public right of way. A ten -foot -wide Public Utility Easement (PUE) is present along Clear Creek Drive. There are utility boxes and cabinets for various public utilities in the PUE. A 10 -foot public utility easement is present along the south property line adjacent to the public alley. 188 Clear Creek Drive Site Design Review and Conditional use Permit for a new Hotel Condominium structure Page 2 of 19 There is a five-foot public pedestrian access easement along the west property line that extends from Clear Creek Drive to the public alley. The subject lot and the adjacent properties are zoned Employment (E-1). The subject property and the properties to the east, west, and south are within the Residential Overlay. The properties to the north, across Clear Creek Drive, are developed with employment type of businesses including manufacturing and production facilities, warehousing, and commercial office types of uses. These properties do not include the residential overlay. The property to the east is a large acre vacant parcel owned by Union Pacific Railroad. The lot and those adjacent area are also in the Detail Site Review overlay and the Wildfire Hazards overlay. Detailed Proposal: Request for Site Design Review for an 8,399 square foot, three-story, eight -unit hotel condominium building. The proposed hotel building consists of four single room units and the second and third floor each have two, two room units. The ground floor is divided into four, one -bedroom hotel units. Units A and B are each 678 square feet in area. They both face Clear Creek with an at grade patio area forthe unit that is connected to the public sidewalk via a walkway. Units C and D are accessed from the rear of the building. Unit C is 669 square feet and Unit D is 637 square feet. There is a 195 square foot common entry area to access the stairwell and the elevator for the units on the second and third story. Units E and F are on the second floor. Unit E is 1,316 square feet in area and Unit F is 1,263 square feet. Both hotel units are proposed to be two room units. There is a 217 square foot lobby area. On the third floor are two additional two room units. Unit G is proposed as a 1,346 square foot hotel unit and Unit H is proposed to have 1,285 square feet. The common area on the third floor is 54 square feet. At the rear of the building between the parking area and the rear hotel unit patios is an eight bay, storage structure. This structure is intended to be used as secure bicycle parking spaces. The proposed 8,399 square foot building area exceeds with the minimum floor area ratio of .50 FAR which is 5,802 square feet. 188 Clear Creek Drive Site Design Review and Conditional Use Permit for a new Hotel Condominium structure Page 3of19 The three-story building is proposed as a single slope roof, modern, commercial structure. Strong orientation to the public street is provided even though the proposed use, hotel is not a pedestrian oriented business. The hotel unit entrances face the public street and are accessible by pedestrians. The doors for the ground floor hotel units are visible from the sidewalk and the street. There is a patio area for the hotel unit connected to the public sidewalk via a walkway. A landscape area and low fence provides privacy for the patio area. Due to the nature of the hotel use, there are not `public' entrances open to the general public during business hours. If the hotel units ever convert to a permitted or special permitted use in the zone, street facing facades with direct access for pedestrians from the sidewalk to the entrance is present. The structure is setback the minimum distance to provide clearance for the 10 -foot public utility easement. This area is proposed to be landscape area and an at grade patio for the hotel units. The three-story building is proposed as a single slope, modern, commercial structure. The structure is slightly higher than the grade of the street as per the conditions of approval of the subdivision, but the existing grade of the property is level with the sidewalk and site development does not necessitate the grade be artificially elevated above the street. No fill material is proposed to be brought onto site to elevate the structure above the sidewalk and create a barrier to the street of stairs and grade changes. The landscape plan demonstrates compliance with the Wildfire Standards for plant materials, irrigation measures and limited placement of mulch, etc. There are two large stature shade trees south of the parking area and two 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 2,538 square feet of landscape area or 20.4 Parking: There are eight parking spaces required for the eight hotel units and an additional parking space for the manager for a total of nine parking space. The proposed parking area has 11 parking spaces. This is slightly more than the required number of parking spaces for a hotel but less than the number of spaces required if any of the units on the ground floor convert to office or other permitted use. The additional parking space allows for flexibility in the future use of the building when considered in conjunction with the available on street parking on Clear Creek Drive. The on-site parking area is at the rear of the proposed building accessed from the alley. 188 Clear Creek Drive Site Design Review and Conditional Use Permit for a new Hotel Condominium structure Page 4 of 19 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 Times New Roman font and the applicant's responses are in Times New Roman font. 188 Clear Creek Drive Site Design Review and Conditional Use Permit for a new Hotel Condominium structure Page 5 of 19 Findings addressing 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. It can be found that the proposal complies with the standards for 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 not modified from when originally platted. There is no minimum or maximum lot dimension, or lot area in the E-1 zone. The proposed use of the site as office and residential are uses are allowed as permitted and special permitted uses. Office use is a permitted use in the zone. The residential units are special permitted uses. The proposed structure is oriented towards the public street and the covered, visually prominent, pedestrian -oriented entrances. The entrances are setback 17 feet, 10 -inches from the front property line. The area between the building and the street is a public utility easement and there is a landscape buffer between an at grade plaza area that is provided between the hotel unit and the public street. in the future if the ground floor units convert to office, the landscape area and patio can be modified to become a pedestrian plaza area between the public sidewalk, the front property line and the structure. There are side yard setbacks provided to allow for a walkway and openings along this side of the structure. The proposed structures will comply with fire separation and fire rating standards for mixed use commercial structures and have been designed by Oregon Licensed Architects. The landscape plan was designed as a Wildfire Overlay zone compliant and where landscaping is within five feet of the structure, the landscaping is l=ire wise compliant. The plan calls for 20.5 percent of the site area to be landscaped. The landscape area includes a storm water 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 facade is spatially defined through the use of different materials, a large overhang from the deck above, and commercial glazing. Hardi-board with stucco finish and CMU veneer in Willamette Greystone are the primary exterior fagade materials. 188 Clear Creek Drive Site Design Review and Conditional Use Permit for a new Hotel Condominium structure Page 6 of 19 The proposed building is 37'— 1" tall. The proposed 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 50 feet in width and the 17 foot, 10 -inch setback from the subject property's north property line, solar shadow will fall within the street right-of-way. 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 will comply 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. 18.4.2.030 Non -Residential Development The proposed development of the Employment zoned land with commercial, eight unit hotel 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 fagade occupies the majority of the fagade and there is clear, pedestrian oriented entrances that are visible from the public street. 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 facade is 50'— 4" wide which is the majority of the lots 70'— 1 " width. There is a public pedestrian access easement on the east side of the property and the side yard setback and walkway on the west side of the property. The spaces between the buildings are 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 building entrances are located within 20 feet of the street right-of-way. The entrances to the hotel units are clearly visible, an eight foot door, side light, commercial style windows, lighting, pedestrian covering, and material changes all provide emphasis to the entrances. 188 Clear Creek Drive Site Design Review and Conditional Use Permit for a new Hotel Condominium structure Page 7 of 19 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 area, with landscape and hardscape surface treatments between the sidewalk and the front of the building provides pedestrian access to the street facing hotel units directly accessible from the public sidewalk. The nature of the business does not have general public customers and the 'entrance' will not be open to the public during business hours. The criteria AMC 18.4.2.040.B.1.g. allows for some of the orientation and pedestrian access standards to be waived if the building is not accessed by pedestrians. In this case, though not a warehouses, industrial buildings without attached offices, or automotive service station, the hotel guests have pre- arranged for physical access to the space and it is not an unlocked during business hours type of operation. There is not an on-site lobby with an on-site manager, these units are more akin to an Air B&B or VRBO type of use where on-line reservations and key code communication is provided. With the proposed walkway and street -oriented entrances and windows, if the ground floor units converted to a pedestrian oriented use such as retail or offices the building has been designed to accommodate future commercial ground floor uses with street oriented entrances. 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 more than 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. 188 Clear Creek Drive Site Design Review and Conditional Use Permit for a new Hotel Condominium structure Page 8of19 All artificial lighting complies with the standards of 18.4.4.050. The lights are shrouded downward to provide directional lighting but not spillage of light outside of the immediate area. There are no residential zones in the vicinity of the project site. b, Expansion of Existing Sites and Buildings. Not applicable 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 complies with the required Floor Area Ratio of .50 (5,802 square feet). The proposed structure is 7,810 square feet. There are distinctive offsets and material changes in the fagode and in the building height along the facade that break up the massing and scale of the structure. All of the front fa�ode 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. There ore large windows on either side of the commercial business entrance. The door is slightly recessed and there is a cantilevered overhang of the balcony above 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 10 foot public utility easement. The area is proposed to be used for pedestrian walkway. 3. Buffering and Screening. Landscape buffers are proposed between the surface parking spaces adjacent to the alley and the property line. A landscape buffer of five feet is proposed along the west property line. 188 Clear Creek Drive Site Design Review and Conditional Use Permit for a new Hotel Condominium structure Page 9 of 19 4. Building Materials. More than 15 percent of the exterior walls have substantial changes in relief. There is a substantial base, there are changes in fagade materials with the use of CMU veneer Hardie board with smooth stucco finish. There are black colored, aluminum storefront style windows and doors. No bright or neon paint colors are proposed the majority of the building is not covered in glass. D. Additional Standards for Large Scale Projects. Not applicable. 18.4.3 Parking Access and Circulation: There are nine (9) parking spaces required for the proposed hotel development. One parking space per hotel unit and one parking space for the hotel manager. The proposal provides for all of the required parking on-site. Eleven parking spaces are proposed to be access from the alley from the proposed 22 -foot -wide driveway. Adequate bicycle parking is provided within the storage structures at the rear of the building accessed from the parking area. The storage structures are a block wall building will roll up doors with an opproximatly 6'X8' storage locker for each hotel unit. There is bike parking available within the locker for the hotel guests. Since the hotel guests are scheduled, their access to the secure bike parking will be ensured. Traditional uncovered U -racks could be offered if the use ever converted to on where pedestrian and bicycle traffic to the business was anticipated. There is an ADA, van accessible parking space proposed in the parking area with an accessible route to the pedestrian walkway that extends from the parking area to the building facade. All vehicular access is proposed from the public alley. 18.4.3.080 Vehicle Area Design A. Parking Location All proposed parking is behind the facade of the structure and not visible from the public street. 188 Clear Creek Drive Site Design Review and Conditional Use Permit for a new Hotei Condominium structure Page 10 of 19 B. Parking Area Design. The parking area has eleven parking spaces. The spaces are proposed to be 9 -feet wide and 18 - feet deep with 22 feet of backup area to allow turn around. One space has an ADA van off- loading zone. This parking area is designed to capture and treat surface run-off through the landscape swole. There is substantial area of the driveway is proposed as permeable surfaces which will reduces the microclimatic impacts of the parking spaces which complies with AMC 18.4.3.050.8.5 even though not required. There are parking lot shade trees and parking lot landscape buffers that comply with the standards for parking area design. In the event the eleventh parking space could not be provided, that stall would covert to landscape median. C. Vehicular Access and Circulation. The proposed development has proposed a circulation system that accommodates expected traffic on the site. All parking and vehicle circulation is from the alley. There are all weather surfaced, pedestrian connections on the site that lead from the parking area to the structure. The proposal includes the relocation of the five-foot pedestrian access easement along the east property line in favor of a wider, more well lit, visible, and welcoming pedestrian access from the alley, the parking area and leading through to Clear Creek Drive than the ones along the sides of the buildings. D. Driveways and Turn -Around Design The proposed eleven vehicle parking area is proposed to have a driveway of 22 feet in width to facilitate the flow of traffic from the alley onto the site. There is adequate vehicle back up and turn around area so that all vehicles enter the alley in a forward manner. E. Parking and Access Construction. The parking area, drive aisles are proposed to be paved with a combination of asphaltic and porous solid surface. The onsite collection of drainage waters has been engineered by the project civil. 188 Clear Creek Drive Site Design Review and Conditional Use Permit fora new Hotel Condominium structure Page 11 of 19 The parking area will have paint or wheel stops to delineate the individual parking spaces and ADA off-loading zone. 18.4.3.090 Pedestrian Access and Circulation A safe, direct, convenient walkway system that leads from the street to and through the parking area and out to the public alley has been proposed. The proposal seeks to relocate a required five- foot pedestrian access that is on the west side of the property to partner with a five-foot pedestrian access on the adjacent property on the east side. This access easement will be surfaced to 8 -feet and be a clear easement width of 10 feet. The physical space of the area of the easement is even wider. To provide an inviting entry to the pathway and the pedestrian space between the buildings, pergola structures are proposed. These are intended to draw the pedestrian into the site and to utilize the well -lit, wider, better defined and more secure than a side yard path that is less defined than the proposed pathway. 18.4.4.030 Landscaping, Lighting and Screening The proposed landscape plan provides for minimum landscape areas. There is more than 20 percent of the total lot area devoted to landscape areas. The proposed landscape plan uses a variety of deciduous trees, evergreen shrubs and ground covers. The street trees proposed are found in the street tree guide. They are suggested to change to not be Callery pear but some other larger stature street tree that will shade the on -street parking. Water conservative landscaping has been selected. Proposed plant materials will be to the standards and sizes of AMC 18.4.4.030.0.6. Mechanical equipment will be screened to limit view from the public right -of way. The building will have solar ready roofing which is not subject to screening requirements. 18.4.4.040 Recycling and Refuse Disposal The recycle and refuse enclosure area is at the rear of the building and is to be screened from the public alley view with a five -to -eight foot screening fence to limit view of adjacent properties. The portion of the trash/recycle enclosure area devoted to recycling area will be equal to or greater in size than the portion devoted to refuse. 18.4.4.050 Outdoor Lighting 188 Clear Creek Drive Site Design Review and Conditional Use Permit for a new Hotel Condominium structure Page 12 of 19 There are parking lot light poles that are not greater than 14 feet in height. The light fixtures will not obstruct and public ways, driveways or walkways. 18.4.7 Signs. There are no signs proposed for the hotel building at this time. 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 proposed setback from the front property line complies with required solar setbacks as the rights-of-way are allowed to be shadowed by development. D. City Facilities. The proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, and adequate transportation can and will be provided to the subject property. 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 tap the 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. 188 Clear Creek Drive Site Design Review and Conditional Use Permit for a new Hotel Condominium structure Page 13 of 19 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. The proposal seeks an exception to AMC 18.4.4.030.F.2. a. Screening Abutting Property Lines. A five-foot landscaped strip shall screen parking abutting a property line. The reason for the request is due to the required number of parking spaces, the required dimensions of parking spaces, buffers and maneuvering aisles are wider than the lot width allows. The proposal seeks to reduce the buffer along the east property line where the parking area abuts the proposed centralized public pedestrian access easement and walkway. 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; This site is narrow and with the required dimensions of a standard head in parking space, back up maneuvering aisle and landscape buffers the lot must be 68 feet wide. The subject lot is 71' 1" wide. The reason for the reduced buffer is that the pedestrian access easement that is to be relocated would either abut parking on the west side or with the proposal, abuts the parking lot on the east side. The lot dimensions do not allow for the required parking, the areas and dimensions without some flexibility in the standard for buffers abutting the property line. The parking spaces can have wheel stops to ensure no vehicles overhang the pedestrian walkway. The limited lot width and the required number of parking spaces, adequate dimensions, and maneuvering area, drive aisles is a demonstrable difficulty in direct compliance with the standards. Relocating and providing a wider pedestrian access easement and wider pedestrian walkway to the centralized location along the east side of the subject lot parking area leaves a small, -18- inches between the parking spaces and the east property line where the scored, or colored concrete walkway is proposed. The proposal to shift pedestrians away from the narrow side of building type of corridor to a well -lit, observable, centralized, walkable for all abilities and central to the block is a benefit to the subdivision and the individual lot proposing the modification. 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; or 188 Clear Creek Drive Site Design Review and Conditional Use Permit for a new Hotel Condominium structure Page 14 of 19 See findings above. 3, There is no demonstrable difficulty in meeting the specific requirements for a cottage housing development, but granting the exception will result in a design that equally or better achieves the stated purpose of section .09d. (Ord. 3147 § 9, amended, 11/21/2017) Not applicable. 18.5.4.050 Conditional Use Permit A. Approval Criteria. 1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. The proposed hotel requires a conditional use permit in E-1 zone. It can be found that the proposed hotel complies with the standards of the zoning district. The target use in the zone is employment uses such as with the potential for up to four dwelling units per acre. The proposed hotel will not have any greater adverse material effects on the livability of the impact area. The subject property and those immediately adjacent are zoned Employment with a Residential Overlay. The proposed use complies with the standards for the non-residential zone, employment zoned property setbacks, lot coverage, landscaping, openspace, parking requirements, maximum heights and overall City of Ashland Site Design Review standards for commercial development in the Employment zone. The proposal complies with relevant Comprehensive Plan policies. Specifically, the City of Ashland Comprehensive Plan recognizes the importance or tourism on Ashland Economy. Section 7.06, Future Growth and Development of Ashland's Economic Bases has an entire section devoted to Tourism (7.06.02). It finds that tourism can be beneficial because tourists patronize a wide variety of establishments and consequently contribute to diversification of the goods and products produced locally. Tourism thus promotes specialization in production and consumption of a greater variety of goods than the community itself can efficiently produce. (Ashland Comprehensive Plan; pg. 19 — 20). The Comprehensive Plan notes that in order to meet demand (in 2005) more than 9.5 acres of land were needed to meet the current demand. The Comprehensive Pion states "If no additional rooms are built, more people will stay in nearby communities and come to Ashland by car, causing additional traffic and parking problems. Building motels and hotels in Ashland will allow the city to encourage the use of public transport orshuttle services in town and will provide additional employment and tax base. At present occupancy rates, however, it would take an additional nine- and one-half acres to provide the number of rooms that will be demanded at the peak month in the year 2005... The City should accommodate new hotel rooms sufficient to allow tourists whose primary destination is Ashland to stay in the City limits." (Ashland Comprehensive Plan, The Economy; pg. 28) 188 Clear Creek Drive 5€te Design Review and Conditional Use Permit for a new Hotel Condominium structure Page 15 of 19 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. f=indings discussing the provisions of city services can be found on the proceeding pages. Hotel uses typically generate similar or fewer vehicle trips than the anticipated 5000+ square foot commercial space that is envisioned in the comprehensive plan. Clear Creek Drive was constructed to a commercial collector standard which anticipates high volumes of daily vehicle trips. 3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone. The target use in the zone is employment with the potential for tip to four dwelling units per acre. The proposed hotel will not have any greater adverse material effects on the livability of the impact area. The property and the adjacentproperties are zoned Employment with Residential Overlay. The use of the property as a hotel will not have an impact on the commercial mixed use buildings or commercial uses in the vicinity. The proposed use complies with the standards for the nonresidential zone, employment zoned property setbacks, lot coverage, landscaping, open space, parking requirements, maximarrn heights and overall City of Ashland Site Design Review standards for commercial development in the Employment zone. a. Similarity in scale, bulk, and coverage. The proposed building is similar in height, scale, massing, setbacks, coverage as the adjacent structures on the south side of Clear Creek Drive. The hotel is not larger than the proposed building at 192 Clear Creek Drive, is smaller than the building under construction at 200 Clear Creek Drive and is similar in size as the structures on the adjacent properties to the west. The proposal provides adequate parking, adequate landscaping and complies with the Detail Site Design Standards for commercial development. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. The proposed generation of traffic and the effects on the surrounding streets from the hotel can be found similar to or less than the impacts of a commercial retail or office use of comparable size. It can be found that typically hotel guests that are within walking distance of the downtown take advantage of the proximity and walk to their destinations. Additionally, bicycle parking is provided for with the development. The property receives a Walkscore of 71 out of 100 which is considered very walkable and a Bikescore of 85 which is considered very bikeable. 188 Clear Creek Drive Site Design Review and Conditional Use Permit for a new Motel Condominium structure Page 16 of 19 c. Architectural compatibility with the impact area. The proposed structure is architecturally compatible with the other modern, commercial buildings that are constructed on the south side of Clear Creek Drive, The proposed building uses similar materials and has a strong orientation to the street that is present on the adjacent properties. d. Air quality, including the generation of dust, odors, or other environmental pollutants. The proposed hotel will not have greater adverse negative impacts on air quality, including the generation of dust, odors, or other environmental pollutants when compared to an general commercial retail or office use of similar size. e. Generation of noise, light, and glare. The proposed hotel will not have greater generation of noise, light or glare over what a similarly sized office use would. f. The development of adjacent properties as envisioned in the Comprehensive Plan. The proposed hotel development will have no impact on the development of adjacent properties as envisioned in the comprehensive plan. Adjacent uses include manufacturing/production type facilities, warehousing, offices, personal services and mixed use commercial/residential development. The proposal will not have an impact on those parcels ability to develop or redevelop. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. A hotel use is allowed with a Conditional Use Permit in the employment zone. 18.5.6.030 - Major Modification 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. Or 8. Other changes similar to those in 18.5.6.030, subsections I - 6, above, in scale, magnitude, or impact to adjacent properties, as determined by the Staff Advisor. 188 Clear Creek Drive Site Design Review and Conditional Use Permit for a new Hotel Condominium structure Page 17 of 19 The proposed relocation of the public pedestrian easement the extends along the west property line of the subject Lot 3 to the east property line is a change of conditions from the original approval (PA2000- 096). Though not an impact to vehicles, it is an impact to multi -modal transportation. The proposal adds a ten -foot -wide easement, eight foot improved width for public pedestrian access to be shared with the adjacent property to the east and eliminated from the west side. The easement and improvements extend between the two buildings (new development proposed at 192 Clear Creek Drive) that are owned in common allowing placement of the easement upon the properties. The impact to subdivision is positive. The connectivity for pedestrians through the properties is improved with the proposed pedestrian connection. The proposed walkway will have scored/stamped concrete to distinguish it from the other surfaces. The proposed pergola is to invite users through the site and this proposed location being wider, more visible than along the sides, better lit and necessary for access to the parking area, refuse area and a direct wide connection that one can see through, it provides the feeling of more security and safety, and less area far hidden zones. Other than the requirement that there be an access easement, there is no clear direction in the subdivision approval or in subsequent development since. The development at 186 Clear Creek Drive is built up to the easement and there is lawn and shrubbery that was established in 2006 but no clear pedestrian path. C. Major Modification Approval Criteria. A Major Modification shall be approved only upon the approval authority finding that all of the following criteria are met. 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 the relocation of the public pedestrian access easement along the west property line to be shared with the adjacent property to the east that is owned in common. The findings above describe the requested modification and its impacts and that the proposal improves pedestrian access and circulation through the subdivision that the narrow, side of building pedestrian easement that was approved in 2000 contemplated but provided no direction as to how to achieve the pedestrian access condition. 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 does not require a CUP or other ordinance requirements. 189 Clear Creek Drive Site Design Review and Conditional Use Permit for a new Hotel Condominium structure Page 19 of 19 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 relocated public pedestrian walkway. Respectfully submitted, Amy Gunter Rogue Planning & Development Services Attachments: DEQ Clearance Letter Electric Distribution Plan Subdivision Survey Proposed Development Plan Set T1,0 —Title Sheet T3.0 —Renderings and Materials A1.0 —Site Plan A2.1— First Floor Plan A2.2 — Second Floor Plan A2.3 —Third Floor Plan A4.0 — Roof Plan A5.1— Exterior Elevations A5.2 — Exterior Elevations C2.0 — Erosion Control Plan C4.0 — Preliminary Grading and Drainage Plan C5.0 —Site Utility Plan LC — Landscape Plan 188 Clear Creek Drive Site Design Review and Conditional Use Permit for a new Hotel Condominium structure Page 19 of 19 MGY-1K�^s Copt I'7 ri �. PM nnh' TY a .A o-gonC b to A tut; -,PA cr til t) l,tlt MOT April 18, 2000 Mr. Bob Mukworth Union pacific Railroad 1416 Dodge St., Room 930 Omaha, NE 68179-0930 Re., Application of Residential Buffer Zone Ashland Rail Yard Project Dear lit'. Markwor h, EXHIBIT E, p9►1 Depattment of Environmental Quality Western Region 1102 Lincoln 5u 0%, 710 EmSene, OR 9,-4 1 ( 541) 68A_17S38 The Oregon Depaatment of Environmental Quality (DEQ) was recently asked to clarify the interpretation and application, of the residential buffer zone being considered for the Ashland Rail Yard site, A question has specifically arisen as to the application of the buffer zone adjacent to employment district zoning. This letter responds to those requests. The basis for the buffer zone is contained in Oregon Administrative Rule 340-122-045, ; , which describes the application of Oregon's Numerical Sail Cleanup Levels. The Numerical Soil Cleanup Levels provide an alternative to completing a site-specific human health risk assessment through the use of conservative chemical -specific cleanup levels. The Numerical Soil Cleanup Levels are only applicable for sites and contaminants where there is no impact to surface water, groundwater or sensitive enviromncnts by the contaminants, At the Ashland Rail Yard site, use of the Numerical Soil Cleanup Levels has been proposed for lead, which has been found its surface soils across the site but has not been found in surface water or groundwater. Lead is also a good candidate for use of the Numerical Soil Cleanup Levels since standard site-specific risk assessment approaches are generally difficult to use to evaluate and quantify lead exposure, The Numerical Soil Cleanup bevel Tables contain cleanup target values for both residential and industrial uses. For lead, the residential maximum soil concentration is 200 mg/kg and the Industrial maximum soil concentration is 2Aoo m&& The difference in the two values is based on differing exposure assumptions used in the derivation of the standards. In application of the standards, residential concentrations are used artless it can be shown that the industrial levels are appropriate for a given site. OAR 340-122.045 (7)(a) and (b) indicate that the industrial level is only applicable for facilities planned unci zoned for industrial use where appropriate institutional controls are in place to preserve the assumed uses, r MARY -15-2001 12:57 PM DOV RPIDREWSRE=RLTY 541 60' 1781 EXHIBIT E, p9,2 31r Bob hlarkwo►th. UPRR April 18. 21100 Page el OAR 340.122-045 (7)(c) describes the buffer zone. In order to apply the industrial maximum soil cleanup (ever, the facility trust demonstrate that "uses of the facility and rises and zoning of properties within 100 meters of ffte contaminated area are industrial uses Or are rather uses where the Department concurs that the exposure is limited iwd thus does not warrant application of the residential standard " In reviewing these rules with respect to the Ashland Rail Yard and current and anticipated zoning in the area. DEQ has determined that residentiatly zoned areas exist to the south of the site -south of A Street -and to the north of the site —north and northeast of the oil water separator ponds on the site- that will require application of a 100-rneter buffer zone for lead, In other words, within 100 meters of any residentially zoned property, the cleanup standard for lead at the Ashland Rail Yard alte will . 20 . mg/kg. In other arses of the site that are not within the I00 -meter buffer zone and are currently zoned for industrial or employment district use, the industrial cleanup standard of 2,000 mg/kg wit! apply so long as appropriate institutional controls are put in place to limit residential use and exposure, The specifics of these JwfitutiorW controls will need to be negotiated with, and agreeable to, DEQ, DEQ has determined that, given the specifics of the City of Ashland's employment district land use ordinance, the: l 00 -meter buffer zone is not applicable. This determination has been trade on the finding that potential residential exposure scenarios within this employment district land use zona would be significantly ditTerent flout the general residential exposure scenarios used in the development of the Numerical Soil Cleanup Level rules. Based on this finding, DEQ will not apply a 100 -meter buffer zone to portions of the site bounded by property with mixed use employment district zoning, such as the property adjacent to the western rail and roperty boundary, I hope that this letter has helped to clarify the basis, use and application of the buffer zone at the Ashland Rail Yard site. Please call erre if you have any questions on this matter or any other aspect of the project. I can be reached at 686-7838, ext, 253. Sincerely, Michael 3, McCann Project Manager Voluntary Cleanup Program cc: Janice Zinky. ERNI Donna Andrews Keith Andersen, DEQ -Eugene JeffChr{stfansen, DEQ -Portland ro" P-05 MAY -15-2601 12:56 PM DON ,ANDREWSREALTY 541 60 ?783 00' 22M MULT "A" LEGAL DESCRIPTION Parral 0 of Partition Fiat P. ,�� -2000, In Jackson County, Oregon, END OF LEGAL DESCRIPTION Jackson Cour . , (Mon R000 ekd OFFICIAL RECORDS mAY 2 6 M ��0Yj1CaLER . Offtr No. 0348M P. 03 v L 0 VYE°: •o ^;Ea. s z'2a €tea u' o°m; ^z -oE>; �pyaf Yar`_ •r-�a� "o°S q° 6 l SEgu Oast CIS P`t OV3ip _ d u'9 - o �No i3n aE _HE i c"c Eat. al IR J e• � ]'2 �2- n - r;i'_• °fin - �<Wf: W"W Nc roc oo i, u°w zeE€a �u�a2S�a€ - �-^ ¢ u u n u IW -t Pq z6A� 9 i rrd s M, pr d O N \ 4 / _ 17 -C - iF _ - / ! ! Hgn/ c I o z.m r °° / zn Hwo S `dam / it -f / ' ^ ov ry G C I o _o ��I NCO z od 6 — • .«_'c. Ic --T - 'o o oo_z eN aez3y t3t�J >°a`� Z mo a W o ^ Q U � ��ZO10 Q M V I - �_-"uvc..✓�•'u.49a........ ... .'.�.v.,..:. dab. � ...r.,.. .. .,.. �._....., .:.M ..: :.. :'.. .:. ., . I AN ZU sV As '9 5 OZSL6 N003HO'aNV -IHSV'HO N3380 21V3'10 88 L T4. T. AN Q 88 t- 101 >133HO lIV313 -1]iOH iINn-8 I AN ZU sV As '9 5 LiToou8O HIP 0 jgli ffi § H Z H 9, gf H ,z .. 1 t HIM M I N; M IN HI " - I MI, H HO H �x m � E H p 11 �p P� fl . -Iffl. H qW, T4. 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HIH i 8- 8-- H F- T–T— .......... 8- 8-- H C� (D--------- o-------- OZSL6 NODEIHO'aNV -IHSV -Ha )13380 HVI310 88 L n cr ;! 88 L 10-1 >13383 lJV3-1 lvl� � Ila" �. -1310H 08CD36 JO IDD-'IHQiIV ilNn-8 ING (D--------- o-------- �Hj I uj i IME ING (D--------- o-------- ROGUE PLANNING G DEVELOPMENT SERVICES, LLC 192 dear Creek Drive Site Design Review for mixed use commercial building August 27, 2021 Site Design Review for a new mixed use commercial building Property Owner: Anasazi West Clear Creek Drive, LLC 603 Lake Street East, Suite 206 Wayzata, Mfg 55391 Architect: David Waldron Architects and Associates 1465 SW Knoll Avenue, Suite #102 Bend, OR 97702 Land Use Consulting: Rogue Planning & Development Services, LLC Amy Gunter 1314-B Center Dr., PMB#457 Medford, OR 97501 Civil Engineer: Landscape Design: Subject Property Address: Map & Tax Lot: Comprehensive Plan Designation: Zoning: Overlays: 192 Clear Creek drive Mixed Use Commercial Office Building Powell Engineering Todd Powell 1874 Rossanley Dr. Medford, OR 97501 Sue Mathis Landscape Design 16340 Lower Harbor Rd. STE 1-337 Brookings, OR 97415 192 Clear Creek Drive 39 1E 09 AB; 6603 Employment E-1 Detail Site Review Zone Residential Overlay Page 1 of 15 Request: Request for Site Design Review for a 7,810 square foot, three-story, mixed-use commercial condominium building. The ground floor is divided into two office spaces with a secure garage parking space at the rear. There are two residential units above. Each three-bedroom room, four bath unit consists of 1,378 square feet on the second story and 1,039 on the third story. These units are accessed from a rear entry lobby. The proposal seeks to modify the location of the five-foot public pedestrian access easement along the east property line and providing a 10 -foot wide, 8 -foot stamped concrete centralized pedestrian walkway between the subject lot and the adjacent lot to the west. Property Description: The subject property is on the south side of Clear Creek Drive. 192 Clear Creek drive is Lot 4 of the New Addition Subdivision. The subdivision was approved in 2000 and platted in 2002. Lot 4 has a frontage width of 63.64 feet and extends an average of 182.33 feet to the south. The lot area is 11,604 square feet (.27 acres). The property is vacant of structures and there are no significant natural features on the property. The site slopes generally from the south to the northeast with an approximately two percent slope from south to north. 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. 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 is present along the south property line. The alley surface is in poor condition. The railroad tracks are south of the alley public right of way. A ten -foot -wide Public Utility Easement (PUE) is present along Clear Creek Drive. There are utility boxes and cabinets for various public utilities in the PUE. A 10 -foot public utility easement is present along the south property line adjacent to the public alley. The property owner has worked with the adjacent property owner to the east where development is presently occurring and shared electrical facilities are being installed within the PUE near the SE corner of the subject lot. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 2of15 CLEAR CREEK DRIVE sa00 ] ns W.61 � Pcll sanIbd ICO bell di 6 6602 6603 5604 6605 9.27 Ac 0.27 Ac 0.27 AC 027 Ac ttf\,� `, � •t 1Cf y r CS 17196 l �f5 / N/�Wfpyy, 6 �a3 5 6900 0.61 Ac PdE�4��S4 KO The site slopes generally from the south to the northeast with an approximately two percent slope from south to north. 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. 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 is present along the south property line. The alley surface is in poor condition. The railroad tracks are south of the alley public right of way. A ten -foot -wide Public Utility Easement (PUE) is present along Clear Creek Drive. There are utility boxes and cabinets for various public utilities in the PUE. A 10 -foot public utility easement is present along the south property line adjacent to the public alley. The property owner has worked with the adjacent property owner to the east where development is presently occurring and shared electrical facilities are being installed within the PUE near the SE corner of the subject lot. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 2of15 There is a five-foot public pedestrian access easement along the east property line that extends from Clear Creek Drive to the public alley. The subject lot and the adjacent properties are zoned Employment (E-1). The subject property and the properties to the east, west, and south are within the Residential Overlay. The properties to the north, across Clear Creek Drive, are developed with employment type of businesses including manufacturing and production facilities, warehousing, and commercial office types of uses. These properties do not include the residential overlay. The property to the east is a large acre vacant parcel owned by Union Pacific Railroad. The lot and those adjacent area are also in the Detail Site Review overlay and the Wildfire Hazards overlay. Detailed Proposal; The request is for Site Design Review for a 7,810 square foot, three story, mixed-use, commercial building. The proposed building consists of two, attached wall, three story commercial and residential condominium structures. The total area of the ground floor is proposed as 2,851 square feet. Each half of the structure consists of 800 square feet of commercial office space fronting on Clear Creek Drive, and an associated 491 square foot garage parking space accessed from the alley at the rear of the property. At the rear of the building is a 269 square feet lobby area that is for residential use. This area includes the residential lobby area, the stairs, and the elevator. To accommodate and encourage a live/work business environment, access to the garage is available to the lobby area. The garage will always remain available for parking. The upper floors are proposed as two story, three-bedroom, residential units. The second floor of each residence is 1,378 square feet in area and the third story is 1,039 square feet. There are decks for outdoor living areas provided on both the north and south side of the structure. The residences are accessed via the rear entry lobby area. The proposed 7,810 square foot building area complies with the minimum floor area ratio of .50 EAR which is 5,802 square feet. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 3 of 15 The three-story building is proposed as a single slope roof, modern, commercial structure. Strong orientation to the public street with accessible pedestrian access from the public sidewalk to the ground floor commercial tenant office space is provided. The structure is setback the minimum distance to provide clearance for the 10 -foot public utility easement. This area becomes a pedestrian plaza area between the structure and the front property line. The three-story building is proposed as a single slope, modern, commercial structure. Each office unit has a strong orientation to the public street with accessible pedestrian access from the public sidewalk to the ground floor commercial tenant office space is provided. The structure is slightly higher than the grade of the street as per the conditions of approval of the subdivision, but the existing grade of the property is level with the sidewalk and site development does not necessitate the grade be artificially elevated above the street. To create the most accessible site for all users, and achieve a pedestrian and bicycle -oriented layout, fill material is not proposed to be brought onto site to elevate the structure above the sidewalk and create a barrierto the street of stairs and grade changes. The proposed building is not below the grade of the street and the three-story construction provides a clear orientation, and sense of mass and scale at the street that is appropriate in the commercial zone. The landscape plan will demonstrate compliance with the Wildfire Standards for plant materials, irrigation measures and limited placement of mulch, etc. There are two large stature shade trees south of the parking area and two 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 2,638 square feet of landscape area or 20.4 Parking: There are eight parking spaces required for the proposed development. The 1,600 square foot office areas require 3.2 parking spaces (1600/5003.2) and the residential uses require four (4) parking spaces. There are two parking spaces within the garage and six parking spaces within the surface parking area at the rear of the building. The proposed on-site parking area is at the rear of the proposed building accessed from the alley. 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 Times New Roman font. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 4 of 15 Findings addressing 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. it can be found that the proposal complies with the standards for 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 not modified from when originally platted. There is no minimum or maximum lot dimension, or lot area in the E-1 zone. The proposed use of the site as office and residential are uses are allowed as permitted and special permitted uses. Office use is a permitted use in the zone. The residential units are special permitted uses. The proposed structure is oriented towards the public street and the covered, visually prominent, pedestrian - oriented entrances. The entrances are setback 17 feet, 10 -inches from the front property line. The area between the building and the street is a public utility easement and there is a pedestrian plaza area between the public sidewalk, the front property line and the structure. There are side yard setbacks provided to allow for a walkway and openings along this side of the structure. The proposed structures will comply with fire separation and fire rating standards for mixed use commercial structures and have been designed by Oregon Licensed Architects. The allowed density is the zone is four units (.27 X 15 = 4). There are two residential units proposed which is less than the allowed density. The landscape plan was designed os a Wildfire Overlay zone compliant and where landscaping is within five feet of the structure, the landscaping is Firewise compliant. The plan calls for 22.7 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 fagade is spatially defined through the use of different materials, a large overhang from the deck above, commercial glazing the covered bicycle parking structure. Nardi -board with stucco finish and CMU veneer in Willamette Greystone are the primary exterior fa�ode materials. The proposed building is 37'— 1' tall. The proposed 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 17 - foot, 10 -inch setback from the subject property's north property line, solar shadow will fall within the street right- of-way. ight- o f -way. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 5 of 15 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, condominium building proposed for the site. The gross floor area of the ground floor is 2,851 square feet. Of this, 2,582 square feet is devoted to commercial uses and a parking area for the commercial use, 800 square feet for each office and 491 square feet for each garage. There is 296 square foot area of the ground floor that is devoted to the residential entry lobby area, 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 are two residential dwellings. The allowed density of the property is four 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 residences is the some as those of the underlying E-1 zone. 4. Off-street parking is not required for residential uses in the C -1-D zone. The property is in the E-1 zone. Each residential unit requires two parking spaces. The required parking for the residential use is proposed in the parking area. 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 will comply with the standards from the Wildfire Hazards Overlay requirements and does not use plants from the prohibited plant list. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 6 of 15 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 fagade occupies the majority of the fagade and there is clear, pedestrian and access from the public street to the entrances. 13. 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 fagade is 50'-4" wide which is the majority of the lots 63'— S" width. There is a public pedestrian access easement on the east side of the property and the side yard setback and walkway on the west side of the property. The spaces between the buildings are 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 building entrances are located within 20 feet of the street right-of-way. The entrances to the office spaces 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 more than 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. The screening will likely consist of wood fence materials that block the view of the trash area. 192 Ciear Creek Drive Mixed Use Commercial Office Building Page 7 of 15 4. Designated Creek Protection. Not applicable 5. Noise and GIare. All artificial lighting complies with the standards of 18.4.4.050. The lights are shrouded downward to provide directional lighting but not spillage of light outside of the immediate area. There are no residential zones in the vicinity of the project site. 6. Expansion of Existing Sites and Buildings. Not applicable 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 complies with the required Floor Area Ratio of .50 (5,802 square feet). The proposed structure is 7,810 square feet. There are distinctive offsets and material changes in the fagode and in the building height along the facade that break up the massing and scale of the structure. All of the front facade 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. The door is slightly recessed and there is a cantilevered overhang of the balcony above 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 bock more than five feet due to the 10 foot public utility easement. The area is proposed to be used for pedestrian walkway. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 8 of 15 3. Buffering and Screening. Landscape buffers are proposed between the surface parking spaces adjacent to the alley and the property line. A landscape buffer of five feet is proposed along the west property line. 4. Building Materials. More than 15 percent of the exterior walls have substantial changes in relief. There is a substantial base, there are changes in facade materials with the use of CMU veneer Hardie board with smooth stucco finish. There are black colored, aluminum storefront style windows and doors. No bright or neon point colors are proposed the majority of the building is not glass. D. Additional Standards for Large Scale Projects. Not applicable. 18.4.3 Parking Access and Circulation: There are eight (8) parking spaces required for the proposed development. The 1,600 square foot office areas require 3.2 parking spaces (1600/500=3.2)ond the residential units require two parking spaces for each unit for the total of 7.2 or eight (8) parking spaces. The proposal provides for all of the required parking on-site. Six parking spaces are proposed to be access from the alley from the proposed 22 -foot -wide driveway. Two of the parking spaces are within the garage. Adequate bicycle parking will be in various locations around the site to provide the most convenient parking for the users. There is o four space U -rack proposed behind the sidewalk at the front of the building visible from Clear Creek Drive. Two additional spaces are proposed at the rear of the building near the residential entrances. Additionally, bike parking will be available within the garages. 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 in the parking area with an accessible route to the pedestrian walkway that extends from the parking area to the building facade. All vehicular access is proposed from the public alley. 18.4.3.080 Vehicle Area Design A. Parking Location All proposed parking is behind the facade of the structure and not visible from the public street. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 9 of 15 B. Parking Area Design. The parking area has six parking spaces. The spaces ore proposed to be 9feet wide and 18 feet deep with 22 feet of backup area to allow turn around. One space has an ADA van off-loading zone. This parking area is designed to capture and treat surface run-off through the landscape Swale. Two of the parking spaces are proposed to be covered within the garage area, and a substantial area of the driveway is proposed as permeable surfaces which will reduces the microclimatic impacts of the parking spaces which complies with AMC 18.4.3.050.8.5 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. All parking and vehicle circulation is from the alley. There are all weather surfaced, pedestrian connections on the site that lead from the parking area to the structure. There is a pedestrian plaza area and walkway from the street to the entrance of structure as well. The proposal includes the relocation of the five-foot pedestrian access easement along the east property line in favor of a wider, more well lit, visible, and welcoming pedestrian access from the alley, the parking area and leading through to Clear Creek Drive than the ones along the sides of the buildings. D. Driveways and Turn -Around Design The proposed eight space parking area is proposed to have a driveway of 22 feet in width to facilitate the flow of traffic from the alley onto the site. There is adequate vehicle back up and turn around area so that all vehicles enter the alley in a forward manner. E. Parking and Access Construction. The parking area, drive aisles are proposed to be paved with a combination of asphaltic and porous solid surface. The on-site collection of drainage waters has been engineered by the project civil. The parking area will have paint or wheel stops to delineate the individual parking spaces and ADA off-loading zone. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 10 of 15 18.4.3.090 Pedestrian Access and Circulation A safe, direct, convenient walkway system that leads from the street to and through the parking area and out to the public alley has been proposed. The proposal seeks to relocate a required five-foot pedestrian access that is on the east side of the property to partner with a five-foot pedestrian access on the adjacent property further east. The adjacent property will be installing a DG path. This proposal requests the improved pedestrian access be relocated to the west property line to be shared with the adjacent property to the west. This access easement will be surfaced to 8 -feet and be a clear easement width of 10 feet. The physical space of the area of the easement is even wider. To provide an inviting entry to the pathway and the pedestrian space between the buildings, pergola structures are proposed. These are intended to draw the pedestrian into the site and to utilize the well -lit, wider, better defined and more secure that a side yard path that is less defined than the proposed pathway. 18.4.4.030 Landscaping, Lighting and Screening The proposed landscape plan provides for minimum landscape areas. There is more than 20 percent of the total lot area devoted to landscape areas. The proposed landscape plan uses a variety of deciduous trees, evergreen shrubs and ground covers. The street trees proposed are found in the street tree guide. They are suggested to change to not be Callery pear but some other larger stature street tree that will shade the on -street parking. Water conservative landscaping has been selected. Proposed plant materials will be to the standards and sizes of AMC 18.4.4.030, C.6. The proposal seeks on exception to AMC 18.4.4.0303.F.2. Which requires a five-foot landscaped strip to screen parking abutting a property line. Exception findings are provided on the following pages. Mechanical equipment will be screened to limit view from the public right-of-way. The building will have solar ready roofing which is not subject to screening requirements. 18.4.4.040 Recycling and Refuse Disposal The recycle and refuse enclosure area is at the rear of the building and is to be screened from the public alley view with a five -to -eight -foot screening fence to limit view of adjacent properties. The portion of the trash/recycle enclosure area devoted to recycling area will be equal to or greater in size than the portion devoted to refuse. 18.4.4.050 Outdoor Lighting There are parking lot light poles that are not greater than 14 feet in height. The light fixtures will not obstruct and public ways, driveways or walkways. 18.4.7 Signs. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 11 of 15 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 proposed setback from the front property line complies with required solar setbacks as the rights- of-way are allowed to be shadowed by development. D. City Facilities. The proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, and adequate transportation can and will be provided to the subject property. 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 tap the 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. proposal p Abutting Property_ Lines. A five-foot The ra osa seeks an exception to AMC 18.4.4.030.F.2.a. Screenrnaut , landscaped strip shall screen parking abutting a property line. The reason for the request is due to the required number of parking spaces, the required dimensions of parking spaces, buffers and maneuvering aisles are wider than the lot width allows. The proposal seeks to reduce the buffer along the east property line and eliminate the buffer on the west property line where the parking area abuts the proposed centralized public pedestrian access easement and walkway. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 12 of 15 I . 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; The lot width as platted is 63.64 feet wide. The demonstrable difficulty in meeting the standards is that the lot width is less wide than standard parking area, maneuvering and landscape buffering dimensions require. The standard parking space is required to be 18 feet deep, each parking space requires a 22 foot back up aisle, this is 40 -feet of depth for each parking space with two rows of parking utilizing a shared drive aisle, the required depth of parking is 58 feet. In addition, five feet of landscape on both sides required for a total improved width of 68 feet. This is greater than the lot is wide. The proposed development of the site is with low intensity, office use and fewer than allowed residential units thus limiting the number of parking spaces on site. With all parking required to be accessed from the alley, the basic parking lot dimensions do not fit within the lot width. Fight, head -in spaces with landscape buffers directly adjacent to the alley are wider than the lot is wide and creates a substantial walk for business and residential users from the parking to the building, so this layout does not comply. The lot is long and narrow thus necessitating the single drive aisle and the dual rows of parking accessed from the driveway. The limited lot width and the required number of parking spaces, adequate dimensions, and maneuvering area, drive aisles is a demonstrable difficulty in direct compliance with the standards. The proposed, relocated pedestrian walkway to the centralized location on the west side of the subject lot parking area leaves a small, —18 -inches between the parking spaces and the east property line. There is more than five feet to the building on the adjacent property and to their parking area thus meeting the intent and purpose of the code which is to buffer the parking areas from adjacent uses. This side of the adjacent development to the east is the is an unadorned, blank, side wall. The proposal to shift pedestrians away from this type of corridor to a well -lit, observable, walkable for all abilities and central to the block is a benefit to the subdivision and the individual lot proposing the modification. This allows for a wider than ten foot landscape buffer between the parking spaces on the subject lot and the adjacent development parking spaces, this benefits both developments by allowing larger area for better landscape survivability. 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; or See findings above. 192 Clear Creels Drive Mixed Use Commercial Office Building Page 13 of 15 3. There is no demonstrable difficulty in meeting the specific requirements for a cottage housing development, but granting the exception will result in a design that equally or better achieves the stated purpose of section 18.2.3.090. (Ord. 3147 § 9, amended, 11/21/2017) Not applicable. 18.5.6.030 - Major Modification 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. Or 8. Other changes similar to those in 18.5.6.030, subsections 1 - 6, above, in scale, magnitude, or impact to adjacent properties, as determined by the Staff Advisor. The proposed relocated public pedestrian easement the extends along the east property line of the subject Lot 4 is a change of conditions from the original approval (PA2000-096). Though not an impact to vehicles, it is an impact to multi -modal transportation. The proposal adds a ten -foot -wide easement, eight foot improved width for public pedestrian access to be shared with the adjacent property to the west and eliminated from the east side. The easement and improvements extend between the two buildings (new development proposed at 188 Clear Creek Drive) that are owned in common allowing placement of the easement upon the properties. The impact to subdivision is positive. The connectivity for pedestrians through the properties is improved with the proposed pedestrian connection. The proposed walkway will have scored/stamped concrete to distinguish it from the other surfaces. The proposed pergola is to invite users through the site and this proposed location being wider, more visible than along the sides, better lit and necessary far access to the parking area, refuse area and a direct wide connection that one can see through, it provides the feeling of more security and safety, and less area for hidden zones. Other than the requirement that there be an access easement, there is no clear direction in the subdivision approval or in subsequent development since. The development at 186 Clear Creek Drive is built up to the easement and there is lawn and shrubbery that was established in 2006 but no clear pedestrian path. C. 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 satne 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 the relocation of the public pedestrian access easement along the east property line to be shared with the adjacent property to the west that is owned in common. The findings above describe the requested modification and its impacts and that the proposal improves pedestrian access and circulation through the subdivision that the narrow, side of building pedestrian easement that was approved in 2000 contemplated but provided no direction as to how to achieve the pedestrian access condition. 192 Clear Creek Drive Mixed Use Commercial Office Building Page 14 of 15 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 does not require a CUP or other ordinance requirements. 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 relocated public pedestrian access easement. Respectfully submitted, Amy Gunter Rogue Planning & Development Services Attachments: DEQ Clearance Letter Electric Distribution Plan Subdivision Survey Proposed Development Plan Set T1.0 —Title Sheet T3.0 — Renderings and Materials A1.0—Site Plan A2.1— First Floor Plan A2.2—Second Floor Plan A2.3 —Third Floor Plan A4.0 — Roof Plan A5.1— Exterior Elevations A5.2 — Exterior Elevations C2.0— Erosion Control Plan C4.0-- Preliminary Grading and Drainage Plan C5.0—Site Utility Plan LC — Landscape Plan 192 Clear Creek Drive Mixed Use Commercial Office Building Page 15 of 15 PM itnN Ty Avcgon 1IT11 A K49,?,' 1h'f %J C) "'o' Mor April 18. 2400 Mr. Bob Markworth Union Pacific Railroad 1416 Dodge St., Room 930 Omaha, N& 68179-0930 Re: Application of Residential Buffer Zone Ashland Rail Yard Project Dear Mr. Markworth: 541 An, 7521 P Gid EXHIBIT E, p$,l Depattment of Environmental Quality Western Ri',qLrn 1302 unci)ln Suitt, 211' Eugene, OR 9,-40 t (5 41) 68A_7S:,,S The Oregon Department of Environmental Quality (DEQ) was recently asked to clarify the interpretation and application of the residential buffer zona being considered for the Ashland Rail Yard site. A question has specifically arisen as to the application of the buffer zone adjacent to employment district zoning. This letter responds to those requests. The basis for the buffer zone is contained in Oregon Administrative Rule 340-122-045, which describes the application of Oregon's Numerical Soil Cleanup Levels. The Numerical Soil Cleanup Levels provide an alternative to completing a site-specific human health risk assessment through the use of conservative chemical -specific cleanup levels. The Numerical Soil Cleanup Levels are only applicable for sites and contaminants where there is no impact to surface water, groundwater or sensitive environments by the contarninaws At the Ashland RM Yard site, use of the Numerical Soil Cleanup Levels has been proposed for lead, which has been found in surface soils across the site but has not been found in surface water or groundwater. head is also a good candidate for use of the Numerical Soil Cleanup bevels since standard site-specific risk assessment approaches are generally difficult to use to evaluate and quantify lead exposure, The Numerical Soil Cleanup Level Tables contain cleanup target values for both residential and industrial uses. For lead, the residential maximum soil concentration is 200 mg/kg and the Industrial maximum soil concentration is 2.000 mg/kg. The difference in the two values is based on differing exposure assumptions used in the derivation of the standards, In application of the standards, residential concentrations are used unless it can he shown that the industrial levels are appropriate for a given site. OAR 340-122.045 (7)(a) and (b) indicate that the industrial level is only applicable for facilities planned and zoned for industrial use where appropriaie institutional controls are in place to preserve the assumed uses, KAY -15--2601 12:57 PM DM ANDREWSREALTY 541 60 :781 EXHIBIT E, pg,z Mr Bob dlrrrkwar1h, UPRR 4pril 18. 2000 f 4ge e OAR 340-12-2-045 (7)(c) describes the buffer zone, In order to apply the industrial maximum soil cleanup level, the facility must demonstrate that "uses of the facility and uses and oning of properties within 100 ureters of the contaminated area are industrial uses or are Other wscs where the Deparrrnerrt ronrurs that the exposure is limited and thus does not warrant application of the reaidentlal standard, " In reviewing these rules with respect to the Ashland Rail Yard and current and anticipated zoning in the area. DEQ has determined that residentially zoned areas exist to the south of the site -south of A Street -and to the Borth of the site —north and northeast of the oil water separator ponds on the site- that will require application of a 100 -meter buffer zone for lead. In other words, within 100 meters of any residentially zoned property, the cleentra standard for lead at the Ashland Rail Yard site will he 200 mg/kg, In other areas of the site that are not within the 100 -meter buffer zone and are currently zoned for industrial or employment districl use, the industrial cleanup standard of 7.,000 mglkg will apply sC loris as appropriate institutiOnRl controls are put in place to limit residential use and exposure. The specifics of these iustit'utional controls will need to be negotiated with, and agreeable to, DEQ, DEQ has detennirted that, given the specifics of the City of Ashland's employment district land use ordlnaznce, the 100 -meter buffer zone is not applicable. This determination has been made on the finding that potential residential exposure scenarios within this employment district land use zone would be significantly different from the general residential exposure scenarios used in the development of the Numerical Soil Cleanup Level rules. used on this finding, DEQ will not apply a 100 -meter buffer zone to portions of the site bounded by property with mixed use employment district rotting, such as the property adjacent to the western rail and property boundary. NAu qq, to , I hope that this letter has helped to clarify the basis, use and application of the buffer zone at the Ashland Rail Yard site. Please call me if you have any questions on this matter or any other aspect of the project. I can be reached at 686-1838, ext, 253. Sincerely, Michael J, McCann Project Manager Voluntary Cleanup Program Cc; Janice Zinky. l RNR Donna Andrews TCaith Andersen, DEQ -Eugene Jeff Christi amen, DEQ -Portland �O` P-05 pp - n (1"1\ MAY -15-2001 12:56 PM Dot ANDREWSREALTY 541 60 ;781 P.03 06 22M B"z8rx "A`• LEGAL DESCRIPTION Panel 6 of Partition Plat P. 3;., -2000, In JACkson County, Oregon, END OF LEGAL DESCRIPTION Jackson Co"MY, 0"0" K446 ll W OFFICIAL RECORDS mAY26 �rY CLERK. 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