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Home My WebLink AboutPublic Hearing - Rogue Place CITY OF ASHLAND Council Commlunication Appeal of Planning Action 2005-00056 - Request for a Site Review approval to add three off-street parking spaces on the east side of the building adjacent to Rogue Place, to relocate the refuse/recycle area, and to expand the outdoor patio area of the residence on the north side of the building for the property located at 394 Hersey St. An Administrative Variance to the Site Design and Use Standards is requested to located the off-street parking between the building and the street. A Variance is requested to exceed the maximum allowable number of automobile parking spaces by two spaces - a total of six surface parking lot spaces are permitted and eight are proposed. Meeting Date: Department: May 3, 2005 Planning Primary Staff Contact: Maria Harris, 552-2045 V,, \)<... harrism~L'ashlalld .0[, us Secondary Staff Contact: John McLaughlin,/Lj) 552-2043, mac@ashland.or.us t::/ Statement: The record for Planning Action 2005-00056 is being distributed prior to the regular packet for the May 3,2005 meeting to provide additional time for the Mayor and Council to review the materials. The Planning Action was approved by the Hearings Board on February 8, 2005, and the decision was subsequently appealed. The public hearing is scheduled for the May 3,2005 Council meeting. Background: On January 7, 2005, the applicant filed the request for the above referenced planning action. On January 19, 2005, the application was deemed complete by staff. The 120-day limit expires on May 18, 2005. The applicant granted a 30-day extension to the 120-day time limit resulting in the new time limit of June 17,2005. Should the hearing run long, the Council has the option of continuing thl~ hearing to the May 17,2005 meeting, with adoption of findings on June 7, 2005. Review oftht~ application was held in front of the Tree Commission on February 3,2005. Their comments are included in the record. The Tree Commission recommended that specific conditions be attached to the action, should it be approved by the Planning Commission. A public hearing was properly noticed and scheduled to be held in front of the Hearings Board on February 8, 2005 at which time testimony was heard and evidence was submitted. The Planning Commission voted to approve the Site Review, Administrative Variance to the Site Design and Use Standards and Variance by a unanimous vote. 1 rA' The Hearings Board adopted the findings supporting their decision to approve the application on March 8, 2005, and the findings were mailed to the involved parties on March 9, 2005. A timely appeal was filed by Gary R. Moore on March 21, 2005. The appeal request stated four issues as the grounds for the appeal. Subsequent to the appeal request, the appellant and the applicant submitted further information. Staff will submit a response to the further submissions for Council review to be included in packet for the May 3 meeting. Attachments: The record is attached. 2 CITY OF ASHLAND RECORD FOR PLANNING ACTION 2005-00056 REQUEST FOR A SITE R:EVIEW APPROVAL TO ADD THREE OFF-STREET PARKING SPACES ON THE EAST SIDE OF THE BUILDING ADJACENT TO ROGUE PLACE, TO RELOCATE THE REFUSE/RECYCLE AREA, AND TO EXPAND THE OUTDOOR PORTION AREA OF THE RESIDENCE ON THE NORTH SIDE OF THE BUILDING FOR THE PROPERTY LOCATED AT 394 EAST HERSEY STREET. AN ADMINISTRATIVE VARIANCE TO THE SITE DESIGN AND USE STANDARDS IS REQUESTED TO LOCATE THE OFF- STREET PARKING BETWEEN THE BUILDING AND ROGUE PLACE. A VARIANCE IS ALSO REC:lUESTED TO EXCEED THE MAXIMUM ALLOWABLE NUMBER OF AUTOMOBILE PARKING SPACES BY TWO SPACES - A TOTAL OF SIX SURFACE PARKING LOT SPACES ARE PERMITTED AND EIGHT ARE PROPOSED. COMPREHENSIVE PLAN DESIGNATION: EMPLOYMENT; ZONING; E-1; ASSESSOR'S MAP # 3911: 04 DC; TAX LOT: 3509. APPLICANT: RICK SCHILL.ER Date 04-25-05 04-14-05 04-13-05 03-21-05 03-09-05 03-08-05 03-08-05 02-08-05 02-08-05 02-08-05 02-03-05 01-20-05 01-24-05 01-12-05 01-07-05 Item Additional submittal information from Stephan Terry, applicant's agent to include a letter and revised findings, Response to Appellants Reasons for Appeal, Revised Site Plan, and Staff Report and information from Planning Action #88-083 Letter and additional appeal information submitted by appellants Mailed notice IOf public hearing before City Council on 05-03-05, related criteria, mailing list, affidavit of mailing and newspaper notice Notice of Land Use Appeal Approval letter, Findings, Conclusion & Orders dated 03-18-05 and Affidavit of Mailing Minutes of 02-08-05 Planning Commission meeting Letter from St{~ven Terry, applicant's agent, dated 03-08-05 Additional submittals from Applicant submittal at 02-08-05 Hearings Board meeting Citizen Speaker Request Form for Gary and Sandra Moore Planning Department Staff Report Ashland Tree Commission Recommendation Mailed notice of public hearing before Planning Commission, related criteria, mailing list and Affidavit of Mailing, newspaper notice Landscape Plan Letter from Stephen Terry, applicant agent, and revised Findings, conceptual Landscape plan and zoning/site map Planning Application and Applicant's Findings Paae # AI-DB 1-6 7-11 12-16 17 -22 23-25 26 27-31 32 33-37 38 39-45 46-48 49-57 58-61 Application Processing Site Review Project Coordination Site Planning Stephen M Terry Land Use Planning Consultant Post Oflice Box 8083 Mecliord, Ore8on 97504 Cell- 778-0387 April 25, 2005 Ms. Amy Anderson Assistant Planner City of Ashland Planning Department 51 Winburn Way Ashland, Oregon 97520 Re: File No: 2005-045 Dear Ms. Anderson: The purpose of this letter is to transmit the following information: A modified site plan, landscape specifications and refuse facility detail, and restrictive . covenant, regarding the above referenced file for the appeal hearing to be conducted by the City Council on May 3, 2005. Response to the appellants concerns regarding the above referenced file. The staff report of Planning Action 88-083 dated June 8, 1988 with site plan, minutes, and final order dated July 13, 1988 for the subject property. Institute of Transportation Engineers ih Edition Volumes 2 of 3 and 3 of 3 excerpts identifying trip generation for Single-Family residential dwellings and for Office Uses. Should you have questions or require more information, please let me know. Thank you for your time, Stephen M~ry t ) Agent for Rick Schiller RECEIVED APR 2 5 7005 City of Ashland REVISED FINDINGS OF FACT - APRIL 25,2005 Reauest Consideration of an Administrative Review for a variance for the relocation of three parking spaces, relocation of a refbse facility and fence with retaining wall for a private patio area for a single-family residence constructed in conjunction with a commercial space located on the west side of East Hersey Street approximately 150 feet south of the intersection of Will am son Way within an E-l (Employment ZOllil~) zoning district. Scope and Purpose of the Application The purpose of this application is to request an Administrativle Review for a variance consistent with the requirements of the City of Ashland Municipal Code Section 18.72.090. The primary emphasis for this review is for the relocation of two (2) parking spaces that will be accessed from Rogue Place and designate a parking space that conforms to the American Disabilities Act (ADA) to accommodate handicapped individuals. The designation of the ADA parking space will be in an area currently used for on site parking. The applicant proposes to reconfigure the (~xisting parking scheme. There will no net gain in the number of parking spaces. The applicant is also requesting approval for relocation of a 6-foot high fence mounted on a small retaining wall with landscaping in the front yard facing East Hersey Street and the relocation of a screened refuse facility that will accessed from Rogue Place. The proposed parking area will be landscaped. The primary emphasis for this review will be the reconfiguratiion and improvement of off-street parking opportunities to support the uses as allowed in the E-l zoning district. The relocation of the refuse facility and relocation of a private patio fence are minor in scope, but an important part of this request. A fence located along the Rogue Place frontage will also require relocation to conform with Controllled Access standards as established in the City of Ashland Municipal Code Section 18.72.120. Exhibit "A" is a drawing depicting the proposed site plan in its final form. Proiect Back2round/General Discussion: The subject property is located at 394 East Hersey Street, Jackson County Assessors Map 391E04DC Tax Lot 3509. The legal description of the subject property is Lot 4, Block 1, of Grizzly Industrial Park, City of Ashland, Jackson County, Oregon. The preponderance of the existing development in the area in the E-l zoning designation is professional office to the south and west. Residential development is located to the east and north. A 0 /-f ?,,/ RECEIVED APR 2 5 Z005 City of Ashland I The subjt:ct property was developed in 1989 as per the approval of File No. 88-083 (Exhibit "B" staff report and site plan dated June 9, 1988) for one structure that contains both a residence that has a building foot print of approximately 1780 square feet and a commercial space that has a foot print of approximately 1352 square feet. The original intent of the application made in 1988 was to incorporate a "working space" in conjunction with a single-family residence. Exhibit "B" site plan identifies 7 total parking spaces-2 spaces for the residence and 5 spaces for the business activity. The applicant proposes to reconfigure the current parking scheme which will have no net gain in the number of parking spaces. See Exhibit "A" - the proposed reconfigured parking scheme. Two proposed relocated parking spaces will be along the east property line and accessed from Rogue Place, a 20-foot wide public street with curb and gutters constructed within a 39-foot wide right-of-way. There is no sidewalk along the east property line of the subject property. Rogue Place was developed in conjunction with the abutting residential development to the east known as Park Ridge Subdivision, Phase 1 approved in 1998 to be utilize:d by the 5 dwellings that front and take access from this street facility. Sidewalks with curbs and gutters and parking strips were developed in conjunction with the Park Ridge Subdivision. Parking The proposed parking spaces will be utilized by the existing 1352 square feet of structure that was developed for commerciaVservice commercial uses as approved in 1988. The applicant proposes to reconfigure the park spaces on site and to establish two (2) parking spaces that will be accessed from Rogue Place, a public street and locate one (1) American Disabilities Act (ADA) space at the interior of the site. The area proposed for parking accessed from Rogue Place is unimproved and used for storage and at present has a wire fence. The proposed location and reconfiguration of parking spaces in conjunction with landscape improvements will enhance the functional and aesthetic components of the property to integrate with the surrounding neighborhood development. The area between the curb and subject site on Rogue Place is unimproved and frequently used as a "stopping point" for local pet owners. The addition of parking spaces with landscape improvements at the interior of the site will discourage this practice and result in a more pedestrian friendly environment and increase the efficiency of the site. The applicant is required to provide an ADA parking space in conjunction with a pending building permit as a prescribed code requirement stipulated by the American Disabilities Act. The State of Oregon Uniform Building Codes Division has adopted the federal statute that requires ADA compliance when an interior building change is made. The ADA space requirement is a statutory requirement of federal law as adopted in 1991 and required by the Oregon Building Codes Division. The City of Ashland administers the State of Oregon Uniform Building Code. RECElVED APR 2 5 2005 City of Ashland 2 4~~ It is anticipated that the approval of the proposed parking reconfiguration will promote more efficient on site vehicle maneuvering, safety, aesthetics, and make the site more conforming with the intent of the E-1 zoning district and increase the efficiency of the site. The applicant proposes to installed trees, shrubs, and required screening for the proposed parking area consistent with the City of Ashland Municipal Code standards. In addition, an existing tree located in a proposed parking space on Rogue Place:, will be reestablished on the site. Fencing The applicant desires to relocate a fence (approximately 6 feet expansion) at the property frontage on East Hersey Street to enlarge a private patio space so that a modest increase in private outdoor living space is achieved. This fence will be installed on a 2-foot retaining wall to match the existing planter located at the front of the dwelling. Landscaping is proposed to be installed to "soften" this feature. The relocation of the two proposed parking spaces accessed from Rogue Place will require the relocation of an existing fence so that the clear vision requirement consistent with the City of Ashland Municipal Code Section 18.72.120 (Controlled Access) is achieved. The fence design will be consistent with the existing improvements. Refuse Facility There is an existing screened refuse facility that is currently accessed from East Hersey Street. The applicant proposes to relocate this refuse facility with requisite code required screening so it can be accessed by Ashland Sanitary Service from Rogue Place. At present, Ashland Sanitary Service utilizes Rogue Place for removal of refuse from the dwellings fronting on Rogue Place. The applicant will add additional landscaping in this area. Current removal of refuse occurs at the East Hersey Street frontage which requires service vehicles to back on to East Hersey Street after removal of refuse. The re:Iocation of the refuse facility to the Rogue Place frontage will enhance safety on the more heavily traveled East Hersey Street (a collector street) and cause no greater impact on Rogue Place than currently exists. Relevant Code Sections: The following are relevant code sections of the City of Ashland Municipal Code that apply to this application. The subject property is located in an "E-1" zoning designation. The purpose statement of the E-1 zoning district is described in the City of Ashland Municipal Code Section 18.40.010 states: RECEIVED 3 AIPR 2 5 2005 City of Ash\and t9--f "The district is designated to provide for a variety of uses such as office, retail, or manufacturing in an aesthetic environment and having a minimal impact on surrounding uses. " and; Code Section- Criteria for Approval 18. 72.070 states: "A. All applicable City ordinances have been met or will he met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Councilfor implementation ~f this Chapter. D. That adequate capacity ~f City facilitiesfor water, sewer, paved access to and through the development, electricity, urban storm drainage. and adequate transportation can and will be provided to and through the su~ject property. All improvements in the street right-~f-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. " Code Section - Site Design Standards 18.72.080 states: "A. The Council may adopt standard'l by ordinance for site design and use. These standards may contain: 1. Additional approval criteria for development affected by this Chapter. 2. Information and recommendations regarding project and unit design and layout, land'lcaping, energy use and conservation, and other considerations regarding the site design. 3. Interpretations (?f the intent and purpose of this Chapter applied to ~pec(fic examples. 4. Other information or educational materials the Council deem advisable. B. Before the Council may adopt or amend guidelines, a public hearing must be held by the Planning Commission and a recommendation and summary of the hearingforwarded to the Councilfor its consideration. " Code Section - Administrative Variance from Site Design and Use Standards 18.072.090 states: RECE'VED 4 ,4-5 APR 2 5 2005 City of Ashland "An administrative variance to the requirement of this chapter may be granted with respect to the requirements of the Site Design Standards adopted under section 18. 72.080 if on, the basis of the application, investigation and evidence submitted, all of the following circumstances are found to exist: "A. There is a demonstrable d~fliculty in meeting the ~pecific requirements of the Site Design Standards due to a unique or unusual aspect of the proposed use ofa site: B. Approval of the variance will not substantially negatively impact properties; C. Approval C?f the variance is consistent with the stated purposed (~f the Site Design and Use Chapter; and D. The variance requested is the minimum variance which would alleviate the d~fficulty. " Code Section - Variance 18.100.20 - Application states: The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description C?f the property and plans and elevations necessary to show the proposed development. Also to be included with such application shall be a statement and evidence showing that all of the following circumstances exist: "A. lhat there are unique or unusual circumstances which apply to' this site which do not typically apply elsewhere: B. That the proposal's benefits will be greater than any negative impacts on the development C?l the adjacent uses; and will further the pwpose and intent ~fthis ordinance and the Comprehensive Plan C?fthe City. C. That the circumstances or conditions hmJe not been wif(fully or purposely self-imposed" Conformance with Relevant Code Standards: The site plan (Exhibit "A") is a representation of the proposed reconfigured parking, building access, and landscaping for the purposed amendment as required by the City of Ashland Municipal Code Section 18.40.010 (purpose), Section 18.72.090 (Administrative Variance from Site Design and Use Standards) and Section 18.72.080 (Site Design Standards). The proposed parking spaces will designed to at least the code minimum of 18 felet depth and 9 feet width with required backup and shall be constructed in accordance with the required construction code standards as contained in the City of Ashland R~VEO j~PR 2 5 2005 C\tv at Ash\and 5 ;1-& Code. The design of the proposed ADA parking space will be consistent with a "van accessibh:~" space--a minimum of 9 feet wide with an 8-foot wide refuge area. Landscaping and refuse screening will be developed consistent with code requirements. City of Ashland Municipal Code Section 18.40.010: "The district is designated to provide for a variety of uses such as office, retail, or manufacturing in an aesthetic environment and having a minimal impact on surrounding uses. " Finding: The addition of the proposed relocated parking improvements in conjunction with requisite landscaping, and screened refuse facility, and private fence for the residential component of the site will improve the site function and area aesthetic component with a minimum of impact on the surrounding uses and is consistent with the purpose statement of the E-1 Employment zone code section. City of Ashland Municipal Code Section 18.72.070 "A. All applicable City ordinances have been met or will be met by the proposed development. Finding: The proposed project has been properly noticed, a public hearing will be conducted in conjunction with applicants application the proposed site plan consistent with site design standards as contained in the Site Review Chapter (18.72.080) and materials with conditions imposed prior to the issuance of building permits. B. All requirenlents of the Site Review Chapter have been met or will be met. Finding: The subject application and site plan design is consistent with the requirements of the Site Review Chapter (18.72.080) with administrative conditions of approval as required by code. C The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. Finding: The subject development (site plan) complies with required Site Design Standards 18.72.080. The parking location complies with the required vision clearance standards as prescribe in Code Section 18.72.120 as demonstrated by the required site plan. Additional screening and landscaping is also included as part of this application as required. 6 A~7 RECE\VED APR 2 5 2005 City of Ash\and D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. " Finding: The subject application will not require additional urban services nor improvements within the street right-of-way with exception of an administrative permit for drive access. The parking area will comply with storm drainage design requirements as mandated by code. City of Ashland Municipal Code Section 18.72.080: "A. Ihe Council may adopt standards by ordinance for site design and use. Ihese standards may contain: 1. Additional approval criteria for development affected by this Chapter. 2. Information and recommendations regarding project and unit design and layout, landscaping, energy use and conservation, and other considerations regarding the site design. 3. Interpretations of the intent and purpose ~f this Chapter applied to specific examples. 4. Other i'?formation or educational materials the Council deem advisable. Finding: The subject site plan complies with the standards and approval criteria contained in this code section. The applicant proposes to supply landscape screening on the south side of the two proposed parking spaces accessed from Rogue Place consistent with the requirements City of Ashland Municipal Code. Additional on site landscaping is included. The refuse facility will be screened as required. The proposed parking spaces will be paved in accordance with code standards. B. Before the Council may adopt or amend guidelines, a public hearing must be held by the Planning Commission and a recommendation and summary (?f the hearing forwarded to the Council for its consideration. " RI-CEIVED APR 2 5 2005 7 A-g City of Ashland Finding: The subject site plan complies with the requirements of this code section. The applicant has proposed landscaping with requisite guidelines as established. City of Ashland Municipal Code Section 18.72.090: "An administrative variance to the requirement ~l this chapter may be granted with respect to the requirements of the Site Design Standards adopted under section 18. 72.080 if on, the basis of the application, investigation and evidence submitted, all of the folloWing circumstances are found to exist: A. There is a demonstrable difficulty in meeting the specific requirements ~l the Site Design Standards due to a unique or unusual aspect ~l the proposed use ~l a site: Finding: Due to the approved site design in 1988, the internal vehicle circulation of the site requires that onsite parking either back out into East Hersey Street or awkwardly maneuver on site. The proposed parking improvements will improve on site maneuvering and provide the required parking and access by individuals that requiring parking consistent with the American Disabilities Act (ADA) at the interior of the site. Addition of an ADA parking space will facilitate compliance with adopted code requirements. The reconfiguration of the site parking will promote more efficient use of the intended use of the site. There is no net gain in the number of parking spaces. B. Approval ~l the variance will not substantially negatively impact properties,' Finding: The commercial component of this application is approximately 1352 square feet in size. According to the Institute of Traffic Engineer's (ITE) Manual, Edition 7, Volume 3 of 3 (Exhibit "C") that commercial office space will generate approximately 11.01 average daily trips per 1000 square feet of gross building area. The total number of trips generated is approximately 15 vehicle trips per day (11.01 trips/IOOO square feet of gross floor acre x 1352 square feet = 14.88 trips). It can be assumed that because the activity fronts on East Hersey Street, that a certain number of vehicles will utilize the limited number of parking spaces located in the interior of the site. According to the ITE manual Edition 7, Volume 2 of 3 (Exhibit "C"), a single-family residence generates approximately 9.57 vehicle trips per day. There are 5 residences that front and take aCCt~SS from Rogue Place that would generate approxi~d.Y 48 t::CErVED APR 2 5 2005 8 A-C) City of Ashland trips per day (9.57 trips/residence x 5 residences = 47.85 trips). The total number of potential trips genera.ted is less than a third of the potential trips generated by the abutting residential uses. It can be anticipated that due to the proposed two access points- East Hersey Street and Rogue Place, that the total number of trips that may utilize Rogue Place would not be equal to the total traffic generated by the commercial space. It is anticipated that only a portion of the total trips generated would be utilizing these parking spaces. The total number of trips generated from these two parking spaces will be fewer that the theoretical recognized standard as specified in the ITE manual. The two spaces located on the Rogue Place frontage will generate less vehicle traffic when compared to abutting residential uses that abut the subject properties to the east and therefore, is not substantial. In addition, landscape improvements will increase the aesthetic component of the site to visually soften the street frontage of Rogue Place. C. Approval of the variance is consistent with the stated pwpose ql the Site Design and Use Chapter; and Finding: The proposed improvements will enhance the aesthetic and functional components of the property consistent with the intent of the E-l zoning district purposes- promoting employment within this zoning district. The applicant proposes to install trees, shrubbery and screening for parking and refuse facility. All components of this application are proposed to be designed consistent with the purpose of the Site Design and Use Chapter. D. The variance requested is the minimum variance which would alleviate the d{fficulty. " Finding: The proposed additional parking will improve access by individuals requiring ADA parking requirements and improve the opportunity for the site to function more efficiently. The inclusion of an ADA parking space and relocation of site parking is the minimum variance. Standards required by the Site Design and Use Chapter and requirements of the adopted State of Oregon Uniform Building Code requirements that all commercial facilities be accessible fix individuals as prescribed by the American Disabilities Act. There will be no net addition in the number of parking spaces from the previously approved plan. Code Section - Variance 18.100.20 - Application RECEIVED 9 /1 -I() APR 2 5 2005 City of Ashland The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description of the property and plans and elevations necessary to show the proposed development. Also to be included with such application shall be a statement and evidence showing that all of the following circumstances exist: "A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere: Finding: The subject property was developed to the requirements of the E-1 zoning designation prior to the interface with residential property. Due to the previously approved building configuration, and the requirement that an ADA parking space be supplied as part of the pending interior remodel, requires that parking spaces be reconfigured on site so that this commercial space is economically viable and consistent with the intent of the E-1 zoning designation. B. That the proposal '05 benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent qf this ordinance and the Comprehensive Plan of the City. Finding: The ease of access to the subject site and its location relative to residential uses promotes the intent of the E-1 zoning designation making it more accessible for a variety of uses such as office, retail, or manufacturing in an aesthetically pleasing environment and having a minimal impact on surrounding uses. C. That the circumstances or conditions have not been willfully or purposeZv self-imposed. " Finding: The subject property was developed in 1989 consistent with site design requirements as required by the City of Ashland at that time. Since then, the requirements of the American Disabilities Act (ADA) for persons requiring "handicapped" access for parking and building access have been mandated by federal law. The subject site at present does not have an ADA parking space. The commercial space on the site is undergoing an interior remodeling and as a requirement of the building permit approval. An ADA parking space and interior access for disabled persons is required by the adopted State of Oregon Uniform Building Code requirements that all commercial facilities be accessible for individuals as prescribed by the American Disabilities Act. 10 '\ , I h .~ I( RECEIVED APR 2 5 Z005 City of Ashland 'I WAYNE SQUIRE, 153 E. Hersey, has a vacant lot in this industrial park and he wondered, after the applicant gets the Conditional Use Permit, will it be treated as commercial or residential? He wanted it made clear he can build a commercial establishment and would he be able to build right on the property line. He:~oes not \ want to be restricted because of a residence. C~MMISSIONERS DISCUSSION AND MOTION st~t moved to approve this planning action, noting/that. this appt~cation is in a commercial zone and does not ~~ford the same prot~ytion as in a'residential zone. Bingham seconded the motion and it,was carried unanimously. \ OTHER \ \\ \ \ " stout propos~Q to send a resolution to tl)e City Council that before any funq.s be provided to the AshJ!~md Performing Arts Center that it be sUbm\tted to the City of As~land for a vote. Discussion follo~ed. stout so moved,/Kennedy seconded and the \ / vote was four yes\votes (Thompson, stout, Bridges, Kennedy) and four no votes (Winthrop;\ Bingham, Lavagnfno, Benson). \ Hiqhway 66 Study com~\ttee \ APAC / ,/ The committee reviewed \heir re~ommendations and asked the Commissioners to consideh.. ' \ I '. / Fregonese suggested using t~1se suggestions with pre-applications. l', The Commissioners asked to /d.r,cuss these sugg,estions at next month's meeting. / \ I / Thompson moved that Staff write~etters to the three shopping centers explaining theimay have ~~rtain expansion opportunities due to excess parking,/ stout secoi\.ded and it was carried '1 ' \ unanlmous y. / \ ,/ Comp Plan / / \\ ;' / I Fregonese felt th~t rather than startin~\large scale studies of the Comp Plan, tlfat during the periodic r'evie1fl, look for specific small scale cha~ges that can be done witho~t a large degree of Staff work. Hr did,not,believe an entire r~view of the Comp Plan was necessary;at thls tlme. \ / \ Winthrop th9\l9ht it would be a good idea to gi~,e the media an update of yne Commission's activities. ' / ADJOURNM::;NT \ The me:ting was adjourned at 11:00 p.m. / RECEIVED / / 7 APR 2 5 2005 City of Ashland D-S .Summa~r and Conclusio!!!:, The request for an Administrative Variance can be found to comply with the requirements of the City of Ashland Municipal Code Section 18.72.090. The site will be more aesthetically pleasing, function more efficiently, and will become more compliant with the requirements of the City of Ashland Municipal Code. The proposed parking reconfiguration will increase the efficiency of the site with a minimum of impact on the surrounding uses. Improvements will enhance the aesthetic component of the site to integrate with the development in the area. The two proposed parking spaces accessed from Rogue Place and will facilitate access to the existing facility. The inclusion of the ADA space will facilitate persons requiring such a parking space and provide conformance with federal, state, and local law. It is anticipated that the 2 parking spaces accessed from Rogue Place will most likely be utilized by employees of the facility or as an overflow from the primary East Hersey Street access, and as such, will generate a minimal number of vehicle trips. Traffic ge:nerated by the two proposed parking spaces: when compared to the abutting residentiall uses is anticipated to be minimal. Due to the size and nature of the facility, and business activities that could occupy it, that vehicle trips generated will be minimal and promote the general purpose of the E-l zoning district. The increase of private outdoor living space by relocating of the fence toward north (East Hersey Street) frontage will increase the enjoyment of outdoor space for the residential occupants. The relocation of the reulse facility will facilitate safer and more efficient removal of refuse and preclude refuse vehicles having to back up into East Hersey Street, a designated collector street. ~Iient Stipulations: The applicant agrees to the: following conditions ofthis site approval: 1. Construct a drive way apron and parking area including drainage requirements, consistent with the required code sections of the City of Ashland Municipal Code. 2. Landscape the space per the approved site plan, surrounding the purposed parking spaces to provide for a visual separation from the building and the abutting residential uses. The landscaping materials shall include but not be limited to shrubbery and tree material as approved by staff with an automatic irrigation system. RECEIVED 11 ...'\ it 1/) .... 5 f ! /:-- APR 2 5 2005 City of Ashland 3. A restrictive covenant shall be recorded with the Jackson County Clerk's office that limits the hours of operation for the subject commercial building from 9 am to 5 pm Monday through Saturday. The eovenant shall be in a form approved by the City of Ashland. 4. Any signage for the parking area shall be limited to one sign not more that 18" x 24" in size and consistent with code requirements. 5. Building permits for required improvements shall be submitted and approved prior to proceeding with construction. The applicant respectfully requests approval of this application with the reconfigured parking spaces, relocation of the refuse facility, and small expansion of the private patio area with landscape improvements application as presented. ,/ ~Vyl '1- 1 / I I Stephen Terry, Agent for Rick Schiller, Owner/Applicant 394 East Hersey Street Ashland, Oregon 97520 RECEIVED 12 /-" ! ,? , -.-) .? APR 2 5 2005 City of ft\shland Response to Appellants Reasons for Appeal The following information is in response to an appeal of Planning Action 2005-045 before the City Council. The subject application is considered a Type II planning action with a required hearing before the Hearings Board. A public hearing was held by the Hearings Board on February 8, 2005. The Hearings Board took testimony, deliberated and approved the subject application with conditions as recommended by staff. This decision was affirmed (with conditions to be met by the applicant) by final order on March 8, 2005. The applicant subsequently submitted the required revisions as conditioned by the hearings board that were to be considered by planning staff as to conformance with code requirem(;mts. The required submittals by the applicant met code requirements. The subj(~ct application was filed in accordance with the requirements of the City of Ashland Municipal Code. The applicant filed the requisite forms and required submittals for consideration of the planning action. The appellant's reasons for appeal are identified with supplemental information. The following is a response to points raised by the appellants. For the sake of brevity, the appellant's reasons are not noted verbatim in this text. Please see the appellant's reasons for the appeal. Appellants Item 1 The appellant asserts that the notice for the subject application was incomplete. Response to Item 1: The subject application was noticed with the description written by planning staff consistent with recognized procedures. The subject application was available for inspection at the Planning Department during normal business hours by those within the notice area. The application was properly noticed and the property posted with a sign at the property frontage as per the requirements of the City of Ashland Municipal Code. It is the responsibility of the property owners notified to inquire about or inspected the file at the Planning Department prior to the hearing. Appellants Item 2 The appdlant asserts that opening Rogue Place to E-l business traffic creates a substantial negative impact to adjacent properties. RECEIVED APR 2 5 2005 City of Ashland P, '-. Response to Item 2: The subject property abuts the Rogue Place right-of-way. The appellant asserts that use of Rogue Place for business traffic would "double traffic at minimum on our narrow neighborhood street...." Rogue Place is public right-of-way - not a private street. There is a sign at the intersection of Williamson Way and Rogue Place indicating that Rogue Place is a private street. This sign is in error. The applicant's findings identify the theoretical trip generation as identified in the Institute of Traffic Engineer's Manual (ITE), Edition 7 for generation of office traffic and residential traffic. Trip generation in the lTE manual is a recognized standard to determine vehicle trip generation. The appellant states that this is a cul-de-sac where small children frequently play. Rogue Place is a 20-foot wide public street with required park strip and sidewalk. Given the width and configuration of Rogue Place speeds are not likely to be an issue. The purpose of the street is for the conveyance of vehicles and no~ as a designated unsupervised play area. Children are the charge of an adult or guardian and require supervision. It is beyond the scope of the application to consider control of children in the context of vehicle traffic and a public right-of-way. Carrying the appellant's argument to a logical conclusion, no curb cuts or access to abutting properties at many locations in Ashland would be allowed, if children occupied abutting properties. The Clear Vision requirements of the City of Ashland Municipal Code are in place and consider vehicles and pedestrians alike in the context of safety for vehicles taking ingress and egress. According to the Planning Staff, "no parking" signs were required to be installed on Rogue Place as a requirement of approval of the 1998 approval of Park Ridge Subdivision, Phase 1. Signs have not been installed however, Planning Staff has indicated that these signs will be installed in the near future to satisfy this requirement. When signs are installed, no parking on either side of Rogue Place will be allowed. The applicant has submitted a revised site plan (as required by the staff report of January 27, 2005, and required by the hearings board at their hearing of February 8, 2005) with parking spaces located on site that conform with the requirements of City of Ashland Municipal Code Section 18.72.120. The applicant has submitted a revised site plan with internal modifications and 2 parking spaces that are accessed from Rogue Place that conform to code requirements. Th{~ original application identified 3 parking spaces to be accessed from Rogue Place. Due to code requirements, one space has been eliminated. No net increase in the number of parking spaces is proposed. Appellants Item 3 The appellant states that "Rogue Place is currently a small, quiet, and safe neighborhood and that residents purchased homes because it was a dead end street..... RECEIVED 2 APR 2 5 2005 City of Ashland Response to Items 3 and 4: The applicants property has had E-1 (Employment) zoning designation since at least 1988 prior to the development of abutting residential uses. The subject property has been developed consistent with the zoning district requirements since 1989- a modest size residence and a small space for employment activity. A copy of the staff report for this planning action has been included. The relocation of 2 parking spaces accessed from Rogue Place will not substantially negatively impact properties. The installation of no parking signs will eliminate on street parking. The vehicles utilizing the proposed parking spaces will likely have about the same impact as that of 1 (one) of the existing single-family residences. The property facing the Rogue Place frontage will be landscaped to a more aesthetically consistent quality of the existing residential uses. No obscure data has been presented to the residents. No substantial impact will be created. Respectfillly Submitted, !CC:;:::g:!fj Rick Schiller RECEIVED APR 2 5 2005 City of Ashland 3 Or') RESTRICTIVE COVENANT The undersigned, Rick Schiller being the record owner of the real property described on the attached Exhibit "A," located in Jackson County, State of Oregon, does hereby make the following restrictive covenant for the above described real property, specifying that covenant shall constitute a covenant to run will all of the land and shall be binding on all persons claiming under such land and that these restrictions shall be for the benefit of and limitation upon all future owners of said real property. Exhibit "A" Lot 4, Block 1, Grizzly Park Subdivision, City of Ashland, Jackson County, Oregon. All of the foregoing property is subject to the following condition and restriction: The business activity of the subject property (commercial portion of 1352 square feet) shall be limited to the hours of operation of 9 a.m. to 5 p.m. for the days of Monday through Saturday. This covenant shall run with the land and be effective in perpetuity unless and until an instrument changing or terminating this covenant, signed by all of the then owners of the property and a duly authorized representative of the City of Ashland, has been recorded. Dated this day of ,2005. Rick Schiller ACKNOWLEDGEMENT STATE OF OREGON) )ss County of Jackson ) Personally appeared the above named Rick Schiller on the day of 2005 and acknowledged the foregoing instrument to be her voluntary act and deed. Notary Public for Oregon My commission expires: RECEI\/ED APR 2 5 L~005 6-4 City of Ashland h .... " ~. \ , '" ~ ~ ,~ ~ "\ ~ \ \ '" \ \ '\ \ \ '\ '" ~ 6 - \.D ~ ----..- '--- '-C "" (J , ::J Ol ::) 0. ------- ~. -- ~ ~ -99 ----JOe- ---. '0 <f .,...... ,,/ ;' /- --- - /0 S ./ ~ , /dG ~ ~, /0 A ~ - --.... / ),-.Jl R. ,- ~ .~.. >1\ '0:. ~~. -/0 ,-S 7, ). .:\:> ~ :l2 ~Q '" '......... I / I I ~-~ East Her32y 7f ---- ----- --- ---- --- ---- .--- ~ .--- ------ ". ~). 10 /~tl~ --. 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W7rtl--~ ~r rjOfD~ r~~~l 2" c~ @ ()v\dC(9~r -1 X7'A 0 'ct ~j(l~~) 1"\I\1~7:D^, . ~ - l nVr~I-"C \~ r~Ko..'u.. ::'~:\f?ofpN1~ /%;~~!~" ~~b ~r:ff~{~ (blve-~(tilFI ~^1utMI) , ~f-.il\lt-{ P~t..l\ ~~ ?/~/~tJ()~ 7r 1/1 t.!2cor:;- ~ntnl \f\[oJl Lku<t.&v. [7e.~ L: C""CN~.+C or, e"lul-J . " Yz.::oI' 6~ (X to/X 5'~ ~ f ~1tth'I".Y~jL- t;r;uvt - -- ~. dMll. wl.~rot1A~ 'JJ/ ~k(xlo' t@~ or' Ma.1d~ u-,;;.f-.Y\ t I. . \1. II . Jtt ~l 5~1L.-. w~L wi ~+ffECeIVE't)r ~:cqhS APR 2 5 2005 City of Ashland c~,~ STAFF REPORT June 8, 1988 Pl[,ANNING ACTION: 88-083 Al[)P]~ICANT: Nikos Mikalis U)CATION: south side of Hersey street, east of the intersection of Hersey and Williamson Way. Z()Nl~ DESIGNATION: E-1 C()Ml?REHENSIVE PLAN DESIGNATION: Employment ORDINANCE REFERENCE: 18.40, 18.104 R]~QUEST: A conditional use permit to allow for a residential use on an Employment zoned parcel as part of a mixed use development. I. Relevant Facts 1) Background - History of Application: There are no planning actions of record for this parcel. 2) Detailed Description of the site and Proposal: The parcel is 15,000 sq. ft. in area and is located at the end of the improved portion of Hersey street. The lot is presently vacant. Access will be via Hersey street. The proposal calls for the construction of a new building and parking area which will function as both a studio for the applicant and employees, and a home. The structure will have approximately 1780 sq. ft. of residential area and 1352 sq. ft. of commercial area. The applicant is requesting conceptual approval for a residence at this location at this time. A site Review will be processed when more detailed information is available, and will be required prior to issuance of a building permit. II. Project Impact Had this request been only for a residence at this location, Staff would have been very reluctant to even have the applicant submit a proposal. The purpose of the employment zone is for uses which are generally commercial in nature and provide jobs. Residential uses are generally RECEIVED D -( APR 2 5 2005 e-, f. k,' h" t''"tc.~ \~i1y of Ashland 1 incompatible with the E-1 zone, except under certain circumstances. However, this appli.cation involves a mixed use - providing a studio for the applicant's weaving and clothing manufacturing business while also providing the applicant's residence. Another point lessening the impact of this is the fact that there is residentially zoned property directly across Hersey street, with several homes located there. This application will effective provide a transition between the residential zone and the more purely employment/commercial uses further off of Hersey street. The submitted site plan indicates that there will be adequate for parking for both the applicant and the employees and that landscaping requirements can be met. Again, the specifics of the site plan and conformancewi,th the Site Design Guidelines will be further addressed at -the time of Site Review. III. Procedural - Required Burden of Proof The criteria for approval of a Conditional Use are found in 18.104 and are as follows: A. The proposal is in conformance with the Comprehensivl= Plan. B. The location, size, design and operating characteristics of the proposed development are such that the developm,en1t will be reasonably compatible with and have minimal impact on the livability and appropriate development of abuttinq properties and the surrounding neighborhood. C. In determining the above, consideration shall be given to the following: 1) Harmony in scale, bulk, coverage and density. 2) The availability and capacity of public facilities and utilities. 3) The generation of traffic and the capacity of surrounding streets. 4) Public safety and protection. 5) Architectural and aesthetic compatibility with the surrounding area. The applicant has submitted findings addressing these criteria. Further, Staff believes that there are specific policies in the Comprehensive Plan which would support this application. Specifically, Policy 2a of Chapter VI; Policy 6 of Chapter VII; Policy 9a of Chapter X. Staff believes that the location of this use along a bikeway will encourage employees to use alternate modes of transportation. Also, having the applicant's live on site will result them not having to drive to their work location. Hersfl~~.~f~ D~2, APR 2 5 Z005 City of Ashland 2 presently a fully improved City street, with low traffic flows. The addition of this use will not increase the traffic beyond the capacity of the street. I'V. Conclusions and Recommendations staff recommends approval of this application as submitted, with the applicant providing a minimum of 1300 sq. ft. of commercial area as proposed. We would recommend that the following conditions be added to the approval: 1) That a separate site review be processed prior to the issuance of building permits.. This site review to be processed as a Type I planning action. Specific conditions relating to the site review will be added at that time. 2) That a minimum of 1300 sq. ft. of commercial space be provided as part of the structure. 3) That the overdue assessment for street improvements due the City of Ashland be paid prior to the issuance of a building permit on this parcel. This amount is approximately $720 at present.. 4) Recommend that the structure be designed to the City's energy efficient standards. 3 RECEIVED APR 2 5 2005 City of Ashland 1)-3 ../??z.c/nc~~c:.e~ t~.c.~.{( J;> ~ J?;r. Bingham moved to approve the planning action with the conditions recommended by Staff and the suggested changes to Condition 6 and 9 (prior two paragraphs). The motion was seconded and carried unanimously. Bridges returned to the meeting. PLANNING ACTION 88-083 REOUEST FOR ~cONbITIONAL YSE PERMIT TO ALLOW A RESIDENCE IN ~~HE~ EMPLOYMENT ZONE NEAR THE INTERSECTION OF HERSEY AND WILLIAMSON WAY APPLICANT: NIKOS MIKALIS STAFF REPORT Fregonese stated that Mikalis needs to live with his work. He also needs employees and this is not allowed in a residential zone. This seems to be his only solution. The application meets the conditions of a Conditional Use Permit. The applicant notified Staff today a deed covenant was discovered restricting residential uses from the site. The covenant will need to be removed before this application can be approved. Staff recommended that be an added condition, removing that deed covenant. The site review has not been included and Staff recommended approval. site visits made by all. PUBLIC HEARING MARA MIKALIS, 18 Hillcrest explained how her husband needed to live with his work. He is an artist and just being around thE~ yarn, acts as fuel for his creativity. MIKE BROOMFIELD, 437 Williamson Way, represents the interest of the property owners in Grizzly Industrial Park. His concerns included the potential safety of children in this area. There! is excavating equipment that could be a potential hazard for unsupervised children. Also, Broomfield felt that Ashland was short on industrial space now. He believed that if this were to be a trend, it would be a bad idea. Fregonese thought there could be an advantage from a security standpoint because people are there during the night hours. Mikalis showed a block wall enclosing their residential area. Mikalis answered that there would be little traffic impact, they have no small children and they will have a screened yard. Mikalis also added that she would like to be able to add an addendum to her purchase agreement that the Conditional Use Permit be permitted as applied for and that the seller will wait until they receive a majority of the other 10 property owners ~~roval~ They anticipate two and one-half employees. RI::l.iErVE:D D-4 APR 2 5 2005 City of Ashland 6 Wll.YNE SQUIRE, 153 E. Hersey, has a vacant lot in this industrial park and he wondered, after the applicant gets the Conditional Use Permit, will it be treated as commercial or residential? He wanted it made clear he can build a commercial establishment and would he be able to build right on the property line. He does not want to be restricted because of a residence. COMMISSIONERS DISCUSSION AND MOTION stout moved to approve this planning action, noting that this application is in a commercial zone and does not afford the same protection as in a'residential zone. Bingham seconded the motion and it was carried unanimously. OTHER APAC stout proposed to send a resolution to the City Council that before any funds be provided to the Ashland Performing Arts Center that it be submitted to the city of Ashland for a vote. Discussion followed. stout so moved, Kennedy seconded and the vote was four yes votes (Thompson, stout, Bridges, Kennedy) and four no votes (Winthrop, Bingham, Lavagnino, Benson). Higrrwav 66 Study Committee The committee reviewed their recommendations and asked the Commissioners to consider. Fregonese suggested using these suggestions with pre-applications. The Commissioners asked to discuss these suggestions at next month's meeting. Thompson moved that Staff write letters to the three shopping centers explaining they may have certain expansion opportunities due -to excess parking. stout seconded and it was carried unanimously. CO:!lill Plan Fregonese felt that rather than starting large scale studies of thle Comp Plan, that during the periodic review, look for specific small scale changes that can be done without a large degree of Staff work. He did not believe an entire review of the Comp Plan was necessary at this time. Winthrop thought it would be a good idea to give the media an upda1te of the Commission's activities. AIAJOURNMENT The meeting was adjourned at 11:00 p.m. RECEIVED 7 APR 2 5 2005 City of Ashland D-.5 . 'v' '-', ;, ~j' ';;; \ I - !, ~ f1'"..,~ -t. .' t . .:~~". .... ~::;:~-:-~:::::?~;~.-~...::;:;,::~;.::ii~~~~rt. .' :2n:;iF..';c . ..,. ,,' '. . ".' ." / ".~..~ ,'~ r,;;:.. '. '1.....l1rJ.s i: ..s;: .~. .--.."'p,.. cJ;~" ' , , ,,". . ,-,:.._,~_'-._.,<!'~ _' ,,' "t,~., " , - ,'_' .-::" '~_'.".;"" L,:~:\r, \~ *",:\~;I;,;(' . '.', ,V.?; <' ,~:'; ~"f'~..~~,...,~i " ., ,'" <:r,,~:,:!'j~" 0~' ~~:/ \\. 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C I T Y o F ASHLAND, OREGON 97520 telephone (code 503) 482-321 t ASHLAND C I T Y HAL L RE: Planning Action # 88-083 D'ear Nikos Mikalis A"t .its meeting of July 13, 1988 Commission approved your request for a , the Ashland Planning Conditional Use Permit for the property located near intersect i on of Hersey & Will i amson Way Asslessor's map # 391 E04DC , Tax Lot (s) 3509 Findings of Fact and the Commission's Orders are enclosed. G) Cj Please note the following circled items: 1. A final map prepared by a registen~d surveyor must be submitt~d within one year of the date of preliminary approval: otherwise, approval becomes invalid. 2. A final plan must be submitted within 18 months of the date of preliminary approval; otherwise, approval becomes invalid. 3. There is a 15 day appeal period which must elapse before a Building Permit may be issued. All of the conditions imposed by the Planning commission must be fully met before an occupancy permit may be issued. Planning commission approval is valid for a period of one year only, after which time a new application would have to be submitted. Please feel free to call me at 488-5305 if you have any questions. Sincerely, JMc/sa Enclosure(s) \)..7 RECEIVED APR 2 5 Z005 City of Ashland f I j j ~ I TRIP GENERATION 7th Edition · Volume 2 013 ~+.~~ .: <!I'" TRIP GENERATION RATES, PLOTS AND EQUATIONS · Port and Terminal (Land Uses 000-099) · Industrial (Land Uses 100-199) · Residential (Land Uses 200-299) · Lodging (Land Uses 300-399) · Recreational (Land Uses 400-499) iti: Institute of Transportation Engineers \)-~ _-'<Ie' \.: ii I " ! '4.~ r, . j i i'fr--- ~ i REC~E'VED APR 2 5 2005 City of Ashland ) , -- Single-Family Detached Housing (210) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday Number of Studies: 350 Avg. Number of Dwelling Units: 197 Directional Distribution: 50% entering, 50% exiting Trip Gen1ersltton'per Dwelling Unit t~~{ Average Rate\ --~--~~~7~----~~ ----- . _~_~nge ~~ates_ ~____ 4.31 - 21.85 Standard Deviation j , Data PI01~ld Equation 30,000 CJ) -0 C UJ Q. ~ (]) u :.c (]) > (]) OJ ell Qj > <{ II f- 20,000 - ./ ./ ./ " x /./ ./ x // /// // 10,000 // /./ X // /x x/. / /~<x x , /;f~ >, ~I x~~,Xx I !&f x (I ~- -- ~-~- - ---r----~---- o 1000 2000 x = Number of Dwelling Units X Actual Data Points Fitted Curve Fitted Curve Equation: Ln(T) = 0.92 Ln(X) + 2.71 3.69 u - - - - Average Rate R2 = 0.96 >< 3000 Trip Generation, 7th Edition Institute of Transportation Engineers 269 !)-C1 EIVED 2 5 2005 Ashland i::. " " \, ri Single-Family Detached Housing (210) ---_.~._--~~-~--_._-- -----_._~-~----- Average Vehicle Trip Ends vs: Dwelling Units On a: Saturday --~----_._--_.__._.._------~-_.~---~-~._-_._~---------_.---~~----_._-~--- Number of Studies: 73 Avg. Number of Dwelling Units: 214 Directional Distribution: 50% entering, 50% exiting Trip Generation per Dwelling Unit t A verage~te ------- ---- ---- -.----.------------------.---------- 10.10 Range of Rates Standard Deviation I --.-~-_.--~-------.--.--- -.--.---------------1 5.32 - 15.25 3.68--.J Data Plot and Equation 11.000 -I- i 10,000 ---------- - -----.-,--._--- --- ---- --- ..-----....----.- 9,000 8,000 CJJ "0 C uu 7,000 x"/ .- Q. ~ (j) <:i 6,000 :.c (j) > (j) 5.000 OJ ~ (j) > <( 4,000 II f- 3,000 , 2,000 ~ >" 1,000 X o j- -r- -'-r --T--- --,-----i-.-------~---i---- ,- --:-'---T-- o 100 200 300 400 500 600 700 800 900 1000 x == Number of Dwelling Units Fitted Curve Equation: Ln(T) = 0.94 Ln(X) + 2.63 R2 = 0.93 '/ Actual Data Points Fitted Curve - - - Average Rate Trip Generation, 7th Edition 274 Institute of Transportation Engineers D,lD .......... TRIP GENERATION 7th Edition · Volume 3 of 3 ~, W,' TRIP GENERATION RATES, PLOTS AND EQUATIONS · Institutional (Land Uses 500-599) · Medical (Land Uses 600-699) · Office (Land Uses 700-799) · Retail (Land Uses 800-899) · Services (Land Uses 900-999) iti: Institute of Transportation Engineers ;~. ! t'~ I -r D -l' FCEIVED APR 2 5 2005 I ot Ashland r General Office Building (710) Average Vehicle Trip Ends vs: Ona: 1000 Sq. Feet Gross Floor Area Weekday Number of Studies: Average 1000 Sq, Feet GFA: Directional Distribution: 78 199 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area ~-- Standard Deviatior~~J. ~--~~~_.__.- 6.13 A verag@..aate - - ~--------:L~~.~-- (\ 11.01 Range of Rates 3.58 - 28.80 Data Plot and Equation 15,000 - 14,000 - 13,000 12,000 11,000 (/) '0 10,000 c W Cl. ~ 9,000 (!) ~ 8,000 .r:: (!) > (!) 7,000 OJ ell CD 6,000 > <( II 5,000 I- 4,000 3,000 2,000 1,000 0 0 x x.. >< x. .:< / :< . .--r--,---'- .,---;---c-----,--~.'..--T~-!-r~.,----.-.I-.~ ,. ---r-~~ 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 x = 1000 Sq. Feet Gross Floor Area Actual Data Points Fitted Curve -- - - - -f1E€)EI VE D R2=~~ 'l.5 Fitted Curve Equation: Ln(T) = 0.77 Ln(X) + 3,65 Trip Generation, 7th Edition 1158 Institute g ~M.s~t~RtYi~Osd D-/~ - Triip Generation per 1000 Sq. Feet Gross Floor Area E Avesag.e..6ate Range of Rates 0.41 0.16 1.57 General Office Building (71"0) 1 1 1 Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: ~1~ Peak Hour of Generator Number of Studies: 10 Average 1000 Sq. Feet GFA: 97 Directional Distribution: 54% entering, 46% exiting Standard Deviation -_..-~--_.--_..-.~~------- 0.68 Dlata Plot and Equation .~-~-_........---._-~._-,--_.__.._~_-----.------~--'----"--~---'- 80 x 70 60 '^ (/l '0 C UJ 0- ~ Q) 13 :E Q) > Q) ell CIl Qj > <( 11 I- 50 x 40 20 x 30 x 10 \ \ T-'---;-'-~ o 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 x = 1000 Sq. Feet Gross Floor Area X Actual Data Points Fitted Curve - - - - - - Average Rate Fitted Curve Equation: Ln(T) = 0.81 Ln(X) - 0,12 REGE!\I~D APR 2 5 Z005 Trip Generation, 7th Edition 11132 C itytito10ASnfanOaEngineers D-/8 Gary and Sandra ~1oore 482 Rogue Place Ashland, OR 97520 54]-488-260 Cell: 54]-760-7759 FAX: 54]-488-0269 Email: garysandye@aol.c:om April 14, 2005 Amy Anderson Assistant Planner City of Ashland Planning Department 51 'Winburn Wav "' Ashland, OR 97520 RE: Planning Action 2005-00045 for 394 E. Hersey Dear Ms. Anderson Thank you for informing us on April 8th of the site revisions to the above referenced planning action. In spite of these revisions we still feel that it is necessary for us to proceed with the appeal that we filed with your office. You indicated that we would be able to provide additional material that could be included with the packets that would go to the City Council review of this action on Tuesday, May 3,2005. ' Accordingly, we have enclosed the following document, which summarizes our position and request that it be included with the materials provided to the council members. We will be out of town April 14 through May 1, 2005, and our mail will be held while we are away. You may reach us at the cell phone number above or contact our neighbor, Carol Kim at 422 Rogue Pl'ace, 201-1150 if there is a change in the City Council agenda for May 3rd. Thank you for your professionalism and attention to this request. Sincerely, ~) /r~R.,~ Gary R. Moore Encl. RECEIVED APR 1 4 2005 City of Ashland Land Use Appeal for Planning Action # 2005-00045 for 394 E. Hersey 1. The first specific ground for which the decision of the Planning Commission Hearing Board should be reversed is that an incomplete notice was first sent to neighbors regarding the February 8th meeting, which read: Planning Action 2005-00045 is a request for a Site Review approval to add three offstreet parking spaces on the east side of the building adjacent to Rogue Place, to relocate the refuse/recycle area, and to expand the outdoor patio area of the residence on the north side of the building for the property located at 394 E. Hersey Street, An Administrative Variance to the Site Design and Use Standards is requested to locate off street parking between the building and Rogue Place. The residents of Rogue Place could not tell from the notice wording or from the attached site map that the intention was to open a driveway and parking lot from Rogue Place to access the three off-street parking spaces. The site map drawing did not show any access to this property from Rogue Place. The closed lines around the site implied just the opposite, that parking would be on the side of the building next to Rogue Place but would be accessed from the street address of 394 E. Hersey. It was not until residents Gary and Sandra Moore, living at 482 Rogue Place, attended the Planning Commission Hearing Board on February 8, 2005, and learned of the true action requested: to open a narrow residential dead-end street for access to a business parking lot. Although unprepared for the unexpected scope of the project, Gary Moore requested an opportunity to speak at the hearing and was able to express concern that the opening of an E-l business access into a limited residential area would create a substantial negative impact to the adjacent properties. Had we known from a properly articulated notice that our residential street would be opened to business traffic, a more concise concern could have been prepared. Had he not spoken, we would have had no right to appeal. 2. The second ground for reversal of the Planning Commission Hearing Board decision is based on the substantial negative impact to adjacent properties. Our neighborhood would be effectively turned into an E-l zone if access were given to 394 E. Hersey through our street. Rogue Place is a very narrow dead end street that was not intended to be used as anything but a residential street for our small neighborhood of five houses. All of us who live on Rogue Place chose it because it was a very quiet dead end street. We ~ believed that it would always remain a residential neighborhood, as that is how it is zoned. By opening access to a business via Rogue Place we lose our residential neighborhood and become a "business" neighborhood. In addition, our already narrow street will become congested as traffic increases due to the access given to the business on 394 E. Hersey St. from Rogue Place. As we describe below, our street currently has poor accessibility, parking, and maneuverability and this will deteriorate markedly if this planning action is approved. In the past, we did not even have a street sign to identify our street, making it difficult for guests of residents to find it, much less business customers looking for 394 E. Hersey on a street with no name. There was no sign indicating that Rogue Place was a dead end street. We already have traffic thinking it will lead to Hersey Street and then having difficulty turning around to get out or just backing up to the street exit. All of the attention has prompted the City to put up a street sign, a "Dead End" sign, and a "No Parking" sign. The street sign and the dead end sign are very welcome and we appreciate the attention. As can be seen in the first photo below, the "no parking" sign is totally ignored on a regular basis. Cars often park along the street. Photo of Rogue Place directly across from proposed parking lot for 394 E. Hersey showi ng several cars parked in front of homes on the east side of the street. 3 This leaves only one lane for cars that may try to access the proposed parking lot of the business at 394 E. Hersey, and would certainly make it difficult tor a vehicle trying to back out of the parking. All of the homes have short driveways and often have cars parking in them. It is difficult for residents to get in and out of their driveways when any other cars are parked on either side of the street. The only place for visitors or deliveries is in thc~ few spaces left on the street (which is legally a No Parking street) or in the parking bay at the entrance of the street. Unfortunately, we have no control over the use of the bay and employees of businesses on Williamson Way use our bay while working. This leaves no options for our five residences, and it will become even more congested if customers try to park in the proposed 394 E. I-Jersey lot, can't because it is full or too difficult to access. They will end up parking on our street or in our bay. This is a photo of two trucks parking on the west side ofthe street. The person with the lawn mower is directly in front of the proposed parking entrance to 394 E. Hersey but located on Rogue Place. On the center left side of the photo is the truck of an employee from a Williamson Way business that takes most of the space in our limited parking bay. 1\ The photo below shows the proposed area for the new Rogue Place parking lot for the business at 394 E. Hersey. There is very little turning room. In order for customers to safely enter and back out of this new parking lot, it will require the residents of our small neighborhood to constantly serve as street monitors and to call the police department any time a vehicle is parked in the street illegally, particularly when a vehicle is parked as appeared earlier in the first photo. In that situation, a car would not be able to back lOut of the Hersey Parking lot located on Rogue Place. Several of the residents of Rogue Place had a chance to meet with Amy Anderson on Friday, April 08, 2005, to review a change proposed by Stephen M. Terry, agent for the owner of 394 E. Hersey property. It had been recognized that the required vision clearance triangle of 25' could not be provided for three parking spaces originally proposed. The revision reduces the number of parking spaces to one ADA space due to "site constraints and topography." Most vans with wheelchair lifts are large. Under any of the parking situations noted above, these vans would have even more difficulty negotiating the sometimes-constricted street than a smaller vehicle. Mr. Terry also provided a proposed "Restrictive Covenant" to be signed by the owner, Rick Schiller, which would limit hours of operation to 9am to 5pm Monday through Saturday. It is assumed that this covenant is designed to reassure our residents that there would not be ) 5 business traffic in the evenings or on Sundays. They cannot guarantee that customers would not try to visit the business during those hours and it does not change the fact that Rogue Place would have become a business neighborhood, regardless of a business' stated hours. In addition, we remain seriously concerned about the daytime when other delivery or maintenance vehicles constrict access down the street. The fact that it was finally recognized that visual clearance and safety are issues is a step in the right direction, but the solution is still not acceptable to our residents. We would request that the owner explore locating the ADA parking space into their lot on the side of their building with access from Hersey Street. We understand that 1 parking space is required for each 350 sq.ft. of building. Given the stated 1352 sq.ft. of building space, it would appear that 4 parking spaces would be sufficient. It should be noted that there is also on-street parking in front of 394 E. Hersey that could be utilized by business customers or staff SUMMARY: The residents of Rogue Place call upon the Ashland City Council to reverse the decision of the Planning Commission Hearing Board on this Land Use Action # 2005-00045. The initial notice of this action was deceptive and did not give a valid description of the action to be considered at the hearing of February 8, 2005. Further, approval of even the revised site plan with one parking space is still a violation of an existing separation between an E-1 business district and a small residential neighborhood that was never designed to be mixed use. Although the confusion of advertising to the public about the parking lot located on a street other than the business address is not within our right to question, it is a factor that gives us concern for additional traffic on our street. Once a "rear" parking lot is promoted, traffic will try to find it. The natural impulse would be to park on our street when that lot is not available. By opening the wall from an E-I business, the city is making our street an E-l street. When we bought our properties, we believed the street was going to remain the quiet residential street it was designed to be. If a Variance is required to, in effect, make our street E-l accessible, surely a Variance can be found to allow the one handicap- parking place to be located within the actual 394 E. Hersey street address where customers of the business can find it rather than to have people hunt for it down our "dead end street." ~ ".11 .,."1 Planning Department, 51 Wir I Way, Ashland, Oregon 97520 541-488-5305 Fax 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 CITY OF ASHLAND PLANNING ACTION: #2005-00045 SUBJECT PROPERTY: 394 E. Hersey Street OWNER/AII'PLlCANT: Rick Schiller DESCR.IPTION: PLANNING ACTION 2005-00045 is a request for a Site Review approval to add three off-street parking spaces on the east side of the building adjacent to Rogue Place, to relocate the refuselrecycle area, and to expand the outdoor patio area of the residence on the north side of the building for the property located at 394 E. Hersey Street. An Administrative Variance to the Site Design and Use Standards is requested to locate off-street parking between the building and Rogue Place. A Variance is also requested to exceed the maximum allowable number of automobile parking spaces by two spaces - a total of six surface parking lot spaces are permitted and eight are proposed. Comprehensive Plan Designation: Employment; Zoning: E-1; Assessor's Map #: 391 E04DC; Tax Lot: 3509 ASHLAND CITY COUNCIL MEETING: May 3, 2005, 7:00 PM, Ashland Civic Center J ljcr tLiY ~LillU r ~ [ E HERSEY ST == <:::> r cr.> ::e -= Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND CITY COUNCIL on meeting date shown above. The meeting will be at the ASHLAND CIVIC CENTER, 1175 East Main Street. Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon law slates that failure to raise an objection concerning this application, 43ither in person or 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 Commission to respond to the issue precludes an action for damages in circuit court. A copy of the applicaltion, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winbum Way, Ashland, Oregon 97520. During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the right to limit the length of tl9stimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Department, at 541-488-5305. I G:\,comm-dev'planning\Notices Mailed\2005~OOO45 Council Appeal.doc SITE REVIEW 18.72.070 Criteria for Approval The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. e. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property, All improvements in the street right-of-way shall comply with the Sj:reet Standards in Chapter 18,88, Performance Standards Options, (Ord. 2655, 1991; Ord 283656, 1999) ADMINISTRATIVE VARIANCE FROM SITE DESIGN AND USE STANDARDS 18:.72.090 An administrative variance to the requirements of this chapter may be granted with respect to thE~ requirements of the Site Design Standards adopted under section 18,72.080 if, on the basis of the application, linvestigation and evidence submitted, all of the following circumstances are found to exist: A, There is a demonstrable difficulty in meeting the specific requirements of the Site Design Standards due to a unique or unusual aspect of the proposed use of a site; B, Approval of the variance will not substantially negatively impact adjacent properties; e. Approval of the variance is consistent with the stated purpose of the Site Design and Use Chapter; and D. The variance requested is the minimum variance which would alleviate the difficulty, VARIANCE 18.100.020 Application The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description of the property and plans and elevations necessary to show the proposed development. Also to be included with such application shall be a statement and evidence showing that all of the following circumstances exist: A, That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere, B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City, (Ord,2425 51, 1987), C. That the circumstances or conditions have not been willfully or purposely self-imposed.(Ord, 2775" 1996) '6 G::comm-de,.planning'Notices Mailed2005-00045 Council AppeaLdoc AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On April 13, 2005, I caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached Public Meeting Notice to leach person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action # 2005-00045. . /~,!c.-/ SIGNED AND SWORN TO before me this 13th day of April, 2005, . OFFICIAL SEAL ,. , NANCY E SLOCUM \. ) NOTARY PUBLIC - OREGON ..... ...... COMMISSION NO. 371650 MY fOMMISS/ON EXPIRES SEPT. 18. 20n' :dA.f..c/ G:\comm-devlplanningIForms & HandoulslAFFIDAVIT OF MAILlNG.doc C1 39 I E04DC 3605 PA#2005-045 BRAUGHT JOSEPH H/JENNIFER L 462 ROGUE PL ASHLAND, OR 97520 39 I E04DC 2002 PA#2005-045 GIBBONS ROGER L/MARIL YN A 371 HERSEY ST ASHLAND, OR 97520 39 I E04DC 3512 PA#2005-045 MACE PAUL B/KATHLEEN H K 345 CLINTON ST ASHLAND, OR 97520 391E04DC 1911 PA#2005-045 NELSON JULIE A 400 W NEVADA ST ASHLAND, OR 97520 391E04DC 1909 PA#2005-045 OSTOV AR JALEH K 492 ANN ST ASHLAND, OR 97520 391E04DC 1904 PA#2005-045 RICKERSON P/GOL Y OSTOV AR 502 FAIR VIEW ASHLAND, OR 97520 391E04DC 3511 PA#2005-045 SHAHIN HABIB/M SORIANO PO BOX III ASHLAND, OR 97520 39IEO~DC 3513 P.^.#2005 015 T^YLORJOA}~TRUSTEEFBO 137 THOMAS CT CENTR.^.L POINT, OR 97502 391E04DC 3606 PA#2005-045 WALSH MICHAEL S 442 ROGUE PL ASHLAND, OR 97520 Mailed Notice of Public Hearing for appeal On 4/13/05 for hearing on 5/3/05 39IE04DC 3505 PA#2005-045 BROOMFIELD MICHAEL S/MARY J 437 WILLIAMSON WAY ASHLAND, OR 97520 39 I E04DC 3609 PA#2005-045 GOUVEIA GARY THOMAS TRUSTEE 453 WILLIAMSON WAY ASHLAND, OR 97520 391E04DC 1900 PA#2005-045 MIKOT A RAY 415 E HERSEY ASHLAND, OR 97520 391E04DC 1801 PA#2005-045 OSTOV AR lRAJ PO BOX 305 ASHLAND, OR 97520 39 I E04DC 3610 PA#2005-045 PADNO MILTON/NATALIE A 573 CAROL ST ASHLAND, OR 97520 39 I E04DC 3509 PA#2005-045 SCHILLER BARBARA A PO BOX 3130 ASHLAND, OR 97520 391E04DC 3604 PA#2005-045 STICKLE RICHARD/LINDA 492 HERSEY ST ASHLAND, OR 97520 391 E04DC 3510 PA#2005-045 THERAPEUTIC INVESTMENTS LLC 36 HAWTHORNE ST MEDFORD, OR 97504 '0 39IEO~DC 2000 Pl\#W(J~ GIBBONS ROGER IJM,,\...'UL YN ^ 371 E HERSEY ASHLf.ND, OR 975~~ 39 I E04DC 3607 PA#2005-045 KIM ANDREW D/CAROL D 422 ROGUE PLACE ASHLAND, OR 97520 391E04DC 3603 PA#2005-045 MOORE GARY R1S.ANDRA POPE 482 ROGUE PL ASHLAND, OR 97520 39IEO~DC 1803 PA#:~~ OSTOV.^.R IRAJ PO BOX 305 f.SHL\ND, OR 9752i(} 391E04DC 2100 PA#2005-045 P ARINI BARBARA D 760 TARPON COVE DR 201 NAPLES, FL 34110 391E04DC 3608 PA#2005-045 SEAMAN ROGER M TRUSTEE 1625 MADRONO AVE PALO ALTO, CA 94306 391E04DC 3506 PA#2005-045 T AYLOR JOAN TRUSTEE FBO 415 WILLIAMSON WAY 9 ASHLAND, OR 97520 39 1 E04DC 3504 PA#2005-045 UNITED BICYCLE TOOL SUPPLY PO BOX 787 ASHLAND, OR 97520 STEPHEN TERRY POBOX 8083 MEDFORD OR 97504 AT'TN: JODY-CLASSIFIED PUlBLlSH IN LEGAL ADVERTISING NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing on the following items with respect to the~ Ashland Land Use Ordinance will be held before the Ashland City Council on May 3, 2005 at 7:00 p.m. at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon. At such public hearing any person is entitled to be heard, unless the public hearing pOl1ion of the review has been closed during a previous meeting. Request for a Site Review approval to add three off-street parking spaces on the east side of the building adjacent to Rogue Place, to relocate the refuse/recycle area, and to expand the outdoor patio area of the residence on the north side of the building for the property located at 394 E. Hersey Street. An Administrative Variance to the Site Design and Use Standards is requested to locate off-street parking between the building and Rogue Place. A Variance is also requested to exceed the maximum allowable number of automobile parking spaces by two spaces - a total of six surface parking lot spaces are permitted and eight are proposed. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TrY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). Barbara Christensen City Recorder Publish: 4/21/05 P. O. No. 65477 E-mailed: 4/13/05 t I . . : 'v . .. ~V( _ m[E@ ~ 0 \u ~~I ~llil MAR 2 1 2005 ~ ."" :,~, - r Notice of Land Use Appeal Itjy ---=- (Ashland Municipal Code ~ 18.108.11 0.A.2) ne(s) of Person Fllihg Appeal: B. Address(es): 'e1 (2,. f1L"AI^ It:- If<t2 ~ OU;& p~ . ;q S Ifl-..AIJ)/J additional pages of names and addresses if other persons are joining the appeal. C. Planning Commission Decision Being Appealed f Decision: Planning Action #: Title of planning action: . f, "f)t) tr "J."~ ~ 0tJ tJ '"'I ~ '5,.r',f- /Jill}fi.W ;4-f'~() yt4J-. D. How Person(s) Filing Appeal Qualifies as a Party (For each persor') listed above in Box A, check the appropriate box below.) ~rson named in . ~ am the applicant. . 1. above f I participated in the public hearing before the planning is as a party ,commission, either orally or in writing. ie: ~ I was entitled to receive notice of the action but did not receive notice due to error, !rson nalned in ~ I am the applicant. :2, above ~ I participated in the public hearing before the planning is as a party commission, either orally or in writing. .e: ~ I was entitled to receive notice of the action but did not receive notice due to error. additional pages if others have joined in the appeal and describe how each qualifies as E. Specific Grounds for Appeal first specific ground for which the decision should be reversed or modified is (attach nal pages if necessary): INl-(J M"J,~r~ AI on ~ t!) F- CH If /1'6 f-S n 3'" € ;~'I 1"h1Hl-UJ n AJe'6-1f8f)~ an error because the applicable criteria or procedure in the Ashland Municipal Code or other law in ~ requires that additional pages if necessary): second specific ground for which the decision should be reversed or modified is additional pages if necessary): {)1'~~IIf16- At161Ji.,."~ TO 6-/ flM~ (101-Fr/~ C~~;1 ..sfl1J,r"'~"'l1~1. N~nY~IIHIIfcr- 41>r;4~t- /JA.,~r~ . an error because the applicable criteria or procedure in the Ashland Municipal Code or other law in ~ requires that additional pages if necessary): third specific ground for which the decision should be reversed or modified is (attach nal pages if necessary): an error because the applicable criteria or procedure in the Ashland Municipal Code or other law in ~ requires that additional pages if necessary): A. Nail 1. (~ltj 2. Attach Date 0 ~~)y The pe Box A. qualifie becau~ The pe Box A. qualifie becau~ Attach a c~ 1. The additio 1M.~ ~ This is ~ attach 2. The (attach Sf) Sf, yp , This is ~ attach 3, The additio This is ~ (attach 12- r ."\ ~ .', 4. (On attached pages, list other grounds, in a manner similar to the above, that exist. For each ground list the applicable criteria or procedures in the Ashland Municipal Code or other law that were violated. . Appeal Fee With this notice of appeall(we) submit the sum of $ 269.00 which is the appeal fee required by ~ 18,108,11 O,A of the Ashland Municipal Code. Date: SigJ;f fi~n(~ additional pages if necessary) Note: This completed Notice of Land Use Appeal together with the appeal fee must be filed with the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520, telephone 541-488-6002, prior to the effective date of the decision sought to be reviewed. Effective dates of decisions are set forth in Ashland Munici al Code Section 18.108.070. . 13 1. The notice sent out to residents of Rogue Place about proposed changes to 394 E. Hersey did not mention road access from Rogue Place to the proposed parking places. Individual residents had no way of knowing what the plans really entailed since they were not given all the necessary information. When residents reviewed the above mentioned incomplete notice, no negative impacts were apparent. Accordingly, only two retired residents appeared at the Public Hearing of Feb. 8th, 2005, which was held in the middle of a work/school day. Effectively, an obscured concept of this planning action was summarily put into being. If residents had been notified of the proposed ingress and egress from Rogue Place, they would all have attended the Public Hearing and would have voiced their strong, valid concerns. 2. Rogue Place, being a cul-de-sac, is an area where small children frequently play. Half of the residents of Rogue Place are children. Given the additional traffic generated on what is currently a safe and quiet area there will be a.major negative impact on the safety features of this neighborhood, particularly for children. Rogue Place is a very narrow dead end street. Large vehicles have to back up to exit the street. Any other vehicles that are not visiting a resident either have to execute a three point turn to exit the street or make unauthorized use of residents' driveways. This is manageable at present but will become very difficult for residents if additional traffic is generated from a business. At minimum, this business traffic would double traffic on our narrow neighborhood street. In addition, any cars unable to park in the spaces provided by the business would have to find parking on Rogue Place and would impede the flow of traffic. Fire engines and paramedics would be unable to quickly enter and access Rogue Place homes due to increased parking on Rogue Place. Houses directly across from the proposed parking spots and further down on Rogue Place would actually have access to their homes blocked as cars from the 394 E. Hersey business backed out of their parking places. Finally, at present the proposed parking spaces do not have a 25 foot clearance to the north and south of the site. Without this it is not at all safe for any vehicles to back out onto Rogue Place on a daily and continuous basis. This action will have a "substantial negative" impact on the properties on Rogue Place and should have been clearly illuminated prior to pushing the project through the system. 3. Rogue Place is currently a small, quiet, and safe neighborhood. Residents purchased homes here precisely because it was a dead end street and they knew the amount of traffic would be limited and it would be a safe place for small children. If this planning action is allowed to proceed, the residents of Rogue Place will no longer live in a quiet neighborhood. Instead, it will become a business neighborhood with a much higher rate of congestion and less safety. One injured child is one injured child too many for a city that prides itself on citizen safety. The granting of a variance for this project does emphatically have a "substantially negatively impact on adjacent properties." ,4 4. Predicated on the initial obscure data presented to residents and the substantial negative impact on this neighborhood, this planning action should be re-addressed with focus on the protection of residents instead of the convenience of parking and access for the individual requesting these alterations. 15 f ~ t ,.. ... .. N U-I nJ 11 0 U1 en 0 ~ U1 :::l~ ~~ ~~CCi) r :I: =~ - >:ll)>>< .. ~8"C= ... - cO, Om"Cs: U-I :ll-umo 0 ~~s:o r "'mO:a r N Om Lrl :a m nJ nJ .0 .. U-I [P OJ c .0 ~ III ct ~ ~ '~i ~ I...J, 1 ~ ~ ~ f [ c ~ ~ ~ 2- ~ ~ , <'> 1Il ~ ED ~ ~ I W ! g PI l!2 0'> \ 'I( ;:; ()) -'" <0 t , "'.., t :~~ '~$?t~!'~.~ii.t~~' ~~~:~~j~~~\\~:;:.{\ -,' -..._~~ .-'-~~ -. ".::<,,:.' - - . ~ ~~?P-f:':O;"':::<;,: ::0":':':"'<:":-' ',':-'.' .~~;;;;~\'{r.~~~:~,:~:;~>}? ,. ,. ". .. ." .~ - -_.....~ --.. '-'-'-~ . -- . .. ' . ... - ~ . . - - . . - - - .- _ _ . F ~~. _ . -. - "+H_. -.-" - . - - - - ., ~ ~.. - + .. -. " .---. -'. ".-.-' - "."" . ,- - tic CITY OIF ASHLAf\ID March 9, 2005 Rick Schiller 394 East Hersey Street AsWand, OR 97520 RE: Planning Action #: P A#2005-00045 Dear Mr. Schiller: At its meeting of February 8, 2005, the AsWand Planning Commission approved your request for a Site Review, Administrative Variance to Site Design and Use Standards and a Variance for the property located at 394 East Hersey Street -- Assessor's Map # 39 IE 04DCTax Lot 3509 The Findings, Conclusions and Orders document, adopted at the March 8, 2005 meeting, is enclosed. Please note the fOlloweems: 1. A final map prepared by a registered surveyor must be submitted within one year of the date of preliminary approval; otherwise, approval becomes invalid, 2. A final plan must be submitted within 18 months of the date of preliminary approval; otherwise, approval becomes invalid. @ There is a 15-day appeal period that must elapse before a building permit may be issued. ~ All of the conditions imposed by the Planning Commission must be fully met before an occupancy permit may be issued. ~lanning Commission approval is valid for a period of one year only, after which time a new application would have to be submitted. Please feel free to call me at 488-5305 if you have any questions. DEPT. OF COMMUNITY DEVELOPMENT 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-552-2050 TTY: 800-735-2900 r.11 \ 7 BEFORE THE HEARINGS BOARD February 8, 2005 IN THE MATIER OF PLANNlNG ACTION #2005-045, REQUEST FOR SITE REVIEW APPROVAL TO ADD TIIREE OFF-STREET PARKING SPACES ON THE EAST SIDE OF THE BUILDING ADJACENT TO ROGUE PLACE, TO RELOCATE THE REFUSEIRECYCLE AREA, AND TO EXPAND THE OUTDOOR PATIO AREA OF THE RESIDENCE ON THE NORTHEAST SIDE OF THE BUILDING AN ADMINISTRATIVE VARIANCE TO THE SITE DESIGN AND USE STANDARDS IS REQUESTED TO LOCATE THE PARKING BETWEEN THE BUILDING AND ROGUE PLACE. ) ) )FINDINGS, )CONCLUSION )AND ORDERS ) ) ) ) ) APPLICANT: RICK SCHilLER ----.------------------------------------------------------------------------------------------------------------ RECITALS: 1) Tax lot 6700 of 39 IE 04DC is located at 394 East Hersey and is zoned E-l; Employment District. 2) Request for a Site Review approval to add three off-street parking spaces on the east side of the building adjacent to Rogue Place, to relocate the refuse/recycle area, and to expand to outdoor patio area of the residence on the northeast side of the building for the property located at 394 East Hersey Street. An Administrative Variance to the Site Design and Use Standards is requested to locate off-street parking between the building and Rogue Place. Site improvements are outlined on the plans on file at the Department of Community Development. 3) The criteria for Site Review approval are described in Chapter 18.72 as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C, The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter, D, That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property, Further, the criteria for Administrative Variance from Site Design and Use Standards are described in Chapter 18.72 as follows. A. There is a demonstrable difficulty in meeting the specific requirements of the Site Design Standards due to a unique or unusual aspect of the proposed use of a site. \ g B. Approval of the variance will not substantially negatively impact adjacent properties. C. Approval of the variance is consistent with the stated purpose of the Site Design and Use Chapter; and D. The variance requested is the minimum variance, which would alleviate the difficulty. 4) The Hearings Board, following proper public notice, held a Public Hearing on February 8,2005 at which time testimony was received and exhibits were presented. The Hearings Board approved the application subject to conditions pertaining to the appropriate development of the site, Now, therefore, The Hearings Board of the City of Ashland finds, concludes and recommends as follows: SECTION 1, EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used, Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "0" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Hearings Board finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Hearings Board finds that the proposal meets all applicable criteria for the criteria for Site Review approval described in the Site Design and Use Chapter 18.72, and the criteria for Administrative Variance as described in the Site Design and Use Chapter 18.72. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Hearings Board concludes that the proposal to add three off-street parking spaces on the east side of the building adjacent to Rogue Place, to relocate the refuse/recycle area, and to \q expand to outdoor patio area of the residence on the northeast side of the building for the property located at 394 East Hersey Street. An Administrative Variance to the Site Design and Use Standards is requested to locate off-street parking between the building and Rogue Place is supported by evidence contained within the record, Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2005-045, Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2005-045 is denied, The following are the conditions and they are attached to the approval: I) That all proposals of the applicant are conditions of approval unless otherwise modified here 2) That the onsite parking spaces which meet the requirements of Chapter 18.92 (Off-Street Parking) shall be installed and fully improved at the rear of the property. 3) A landscape plan showing the plantings from the previous land-use approval shall be submitted to the Staff Advisor. 4) If the tree near the parking area shall be identified on the site plans and ifthe addition of the parking spaces requires tree removal, a Tree Removal Permit shall be approved prior to the addition of the parking spaces. 5) A five-foot (5 ft) landscape buffer shall be planted for the length of parking space three along the southern property line. 6) That exterior lighting shall be shown on the building permit submittals and appropriately shrouded so there is no direct illumination of surrounding properties. 7) That a sign permit shall be obtained prior to installation of new signage. Signage shall meet the requirements of Chapter 18,96 and shall meet the requirements if located in the vision clearance area of 18,72.120,C. 8) That all requirements of the Ashland Fire Department shall be complied with. 9) That no obstructions greater than 2.5-feet in height including structures, signs or landscaping shall be located in the vision clearance areas to the north and south of the parking area on Rogue Place in accordance with the standards of 18,72.120,C. 10) The vision clearance area shall provide a 25-foot line of site to the north and south. Demonstration with the vision clearance requirement shall be submitted ~() for review and approval of the Staff Advisor prior to use of the parking area. 11) That the final decision for the patio retaining wall and fence shall be submitted for review and approval of the Staff Advisor prior to installation, 12) That a revised landscape plan including screening consistent with the site for the patio retaining wall landscaping facing Hersey Street shall be submitted for review and approval of the Staff Advisor prior to installation, 3-g-[) 5 Date ;tJ 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 March 9, 2005, I caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached Findings 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 # 2005-00045 . ~ Signature of Employee SIGNED AND SWORN TO before me this 9tl} day of March, 2005, OFFICIAL SEAL NANCY E SLOCUM NOTARY PUBLIC - OREGON COMMISSION NO. 371650 MY COMMISSION EXPIRES SEPT. 18, 2007 1 '~'?~~~I Nofary Pub c for State of Oregon My Commission Expires: Sf /Ju ;" Comm-Dev\Planni ng\ Templates ;;>..~ C, PLANNING ACTION 2005-003 REQUEST FOR A CONDITIONAL USE PERMIT TO CONVERT AN APPROXIMATELY 480 SQUARE FOOT SHOP BUILDII~G TO AN ACCESSORY RESIDENTIAL UNIT (ARU) LOCATED AT 855 CLAY STREET. COMPREHENSIVE PLAN DESIGNATION: SINGLE FAMILY RESIDENTIAL; ZONING: R-1-5; ASSESSOR'S MAP#: 391E 14 BC; TAX LOT: 4200, APPLICANT: HEDGES CONSTRUCTION This action was approved. D. PLANNING ACTION 2005-00100 IS A REQUEST FOR A MODIFICATION OF A PREVIOUSLY APPROVED FINAL PLAN SUBDIVISION AT 250 CLAY STREET TO REDUCE REAR YARD AREAS IN THE INTERIOR OF THE SUBDIVISION ANID TO ELIMINATE THE PEDESTRIAN PATH THROUGH THE INTERIOR OF THE DEVELOPMENT, COMPREHENSIVE PLAN DESIGNATION: SUBURBAN RESIDENTIAL; ZONING: R.1-3,5; ASSESSOR'S MAP #: 391 E11 CB; TAX LOT: 1000, APPLICANT: RUSS DALE Dotterrer wondered why the lots were already in and now the applicant is requesting moving of property lines. Harris said the changes in the project were discovered when the building permits were reviewed. Black reported that she drives by and walks by the project daily. She spoke at the public hearing when this subdivision was approved, prior to being appointed to the Planning Commission. After discussion with Chapman and Dotterrer, Black recused herself from this decision. This action was approved. IV, TYPE II PUBLIC HEARING A. PLANNING ACTION 2005-00045 REQUEST FOR A SITE REVIEW APPROVAL TO ADD THREE OFF-STREET PARKING SPACES ON THE EAST SliDE OF THE BUILDING ADJACENT TO ROGUE PLACE, TO RELOCATE THE REFUSE/RECYCLE AREA, AND TO EXPAND THE OUTIDOOR PATIO AREA OF THE RESIDENCE ON THE NORTH SIDE OF THE BUILDING FOR THE PROPERTY LOCATED AT 394 E, HERSEY STREET, AN ADMINISTRATIVE VARIANCE TO THE SITE DESIGN AND USE STANDARDS IS REQUESTED TO LOCATE OFF-STREET PARKING BETWEEN THE BUILDING AND ROGUE PLACE, A VARIANCE IS ALSO REQUESTED TO EXCEED THIE MAXIMUM ALLOWABLE NUMBER OF AUTOMOBILE PARKING SPACES BY TWO SPACES - A TOTAL OF SIX SURFACE PARKING LOT SPACES ARE PERMITTED AND EIGHT ARE PROPOSED. APPLICANT: RICK SCHILLER Site Visits and Ex Parte Contacts. Chapman, as owner of AsWand Sanitary, spoke to the architect about moving the trash enclosure. STAFF REPORT Anderson said the applicant is requesting modification of a previous site improvement. The Variance request for two additional parking spaces has been dropped. The current parking lot configuration is quite confusing and complicated to maneuver and does not allow access to the least side of the structure. The applicant has submitted a building permit to separate the building into different tenant spaces, but there is currently no access to the east side of the building from the parking lot. One parking space will become ADA accessib]!e. Rogue Place is a dead end street. There are five homes that are directly in the vicinity of this project. The applicant has stated in their findings they will place a restrictive covenant on the commercial space and limit the hours of operation from 9 a.m. to 5 p.m., Monday through Saturday to reduce vehicle trips on Rogue Place and reduce the impact to the residential homes on Rogue Place and the residential home attached to this commercial space. There is a tree near the proposed parking spaces that was not identified on the site plan. The Tree Commission discussed it Thursday. The applicant will address this issue in his testimony. Staff supports moving the recycling and refuse containers. The new location will be screened with a fence-like enclosure. Staff could not support the extension of the patio area without the information concerning the size and species of the existing tree. ASHLAND PLANNING COMMISSION HEARINGS BOARD MARCH 8, 2005 MINUTES 2 ~3 At the time the Staff Report was written, Staff could not support the retaining wall because no elevation had been submitted. PUBLIC HEARING STEVE TERRY, 1016 Aspen Street, Medford, OR, speaking on behalf of Rick Schiller, handed out another site plan. Terry explained the: two foot retaining wall (upper left-hand comer of site plan). With regard to the patio expansion, an existing 5.5 inch caliper Thundercloud Plum will remain. They are requesting removal of a tree in the ADA space and replacing it with a two inch caliper tree. Photinias will provide a five foot buffer on parking space number 3 as well as the 5 x 7 trash enclosure. Landscaping and trees are proposed at the back of the building as well as shrubbery and ground cover. Two additional trees will be plant{:d as part of the original approval. The trees were never planted. Due to the space, they are requesting reduction of one tree. There is an on-site turnaround. The three parking spaces (bottom right comer of drawing) have not functioned very well. An on-site turnaround hammerhead is proposed with removal of two of the three parking spaces with one space located along the south property line. The refuse facility will be relocated off Rogue Place and the area re-landscaped. The applicanll is in agreement with the Staff Report dealing with the restrictive covenant concerning hours of operation. Black is concerned with cars backing out onto Rogue Place. Has anyone looked at the line of sight down Rogue Place? Terry said they can trim the vegetation but the three and one-half foot wall is there as part of the original application. There is a six foot fence fur1her down to the northeast. A portion of that fence is scheduled for removal and the remaining fence relocated back from th(: comer. It could be modified to create at least 30 feet to 35 feet of clear view. Terry added that the street section is 20 feet wide and provides traffic calming. There is no parking allowed on the street with sidewalk on one side. GARY MOORE, 482 Rogue Place, lives right next to said property. He has noll seen the new proposal and asked to look at it. He is representing the other home owners. He does not believe the application meets the Variance from Site Design and Use Standards, B. - "... will not substantially negatively impact adjacent properties." It sounds like there is going to be business traffic coming into a very tight cuI de sac. Even though the hours are limited, it is still more traffic than their street can handle. The five homes have eight children that play in front because there is not yard area in back. The extra traffic and the backing onto Rogue Place will create a serious safety problem because cars and trucks cannot see when backing up. The traffic to the business will consist of people who are not familiar with their street. He doesn't know the nature of the business and how they will be backing into the street. There is already a lot of congestion. Anderson said about 30 feet of the fence will be removed for back-up space. Cars won't be backing into the cui de sac. Moore mentioned that Ashland Sanitary has had trouble in the past maneuvering their trucks, knocking over trash cans. Anderson said the business will not have a dumpster. Chapman said only trash carts would be allowed there. Moore said the garbage trucks have to back down their street. Moore is still concerned that cars and trucks will be backing into the street and will not be able to see beyond the fence, even the area where the fence will be removed. Staff Reslllonse - Harris suggested adding a Condition to address the visibility issue. Dotterrer asked for clarification of Condition 3. Anderson said the two trees on the southern property line labeled "R" were not on the original site plan. He can submit a diagram for Staffs review. COMMISSIONIERS' DISCUSSION AND MOTION Harris said Condition 3 can be revised to read that the landscape installation shall be consistent with the previously approved landscape plan prior to use of the parking area, with the exception of one tree at the south end of the building. Add Condition 10 - That no obstructions greater than two and one-halffeet high, including structures, signs or landscaping, shall be located in the vision clearance areas to the north and south of the parking area on Rogue Place, in accordance with the standards of 18. n.120C. The vision clearance area shall provide a 25 foot line of sight to the north and south. Demonstration of the vision c:learance area requirement shall be submitted for review and approval of the Staff Advisor prior to use of the parking area. Add Condition 11 - That the design of the retaining wall and fencing for the patio on Hersey Street shall be submitted for review and approval by the Staff Advisor prior to the installation. ASHLAND PI.ANNIING COMMISSION 3 HEARINGS 13:0ARD MARCH 8, 2005 MINUTES ~~ Add Condition 12 - That a revised landscaping plan including screening for the patio retaining wall facing Hersey Str1eet, consistent with the existing landscaping, shall be submitted for review and approval by the Staff Advisor prior to installation. Remove the second sentence of Condition 5. Dotterrer/Black m/s to approve Planning Action 2005-045 with the attached, added and revised Conditions. V. ADJOURNMENT - The meeting was adjourned at 2:55 p.m. Respectfully submitted by Susan Yates, Executive Secretary ASHLAND PLANNING COMMISSION HEARINGS BOARD MARCH 8, 2005 MINUTES 4 ~s Application Processing Site Review Project Coordina.tion Site Plannin8 Stephen M. T ernJ Land Use Plannina Consultant Post Office Box 80&3 Medford,Ore$on 97504 Cell- 778-0387 March 8, 2005 Ms. Amy Anderson Assistant Planner City of Ashland Planning Department 51 Winburn Way Ashland, Oregon 97520 Re: File No: 2005-045 Dear Ms. Anderson: The purpose of this letter is to transmit a modified site plan regarding the above referenced file consistent with the requirements of the: hearing conducted February 8, 2005. Due to site constraints and topography, the number of parking spaces that will be accessed from Rogue Place will be reduced from 3 to 1. Conformance with vision clearance standards will also require reduction of the retaining wall on the southerly portion of the lot and a portion of the fence along the Rogue Place will require removal and re-positioned so that conformance vision clearance visibility is achieved. The screening of proposed parking will also require the repositioning of the required screening along the parking space. Enclosed is a f1~vised drawing with the vision clearance triangle indicated which conforms with the requirements of the staff report and hearing. As per our conversation of March 7, 2005, you had acknowledged that the proposed deed restriction and landscaping along the proposed retaining wall on East Hersey Street were compliant with the requirements of the staff report. You had also indicated that an appeal had been filed. Please inform the appellants of the site revisions. Should you have questions or require more information, please let me know. Thank you for your time, 1 _-r-~- . ... Jh k/..'\A.::...Iv.... . ; \7 l Stephen M. 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'- 01- ....... .!. " ", .- ,~ . / // /~ -e.: C""'Cre..~ or, e'} 1I1\J . " Yz..;:,.\' ~i<I")(_(S-~~ ~ f kthi4"~ +-jf;uJ. 3D ~~ /)./~/7.tJ()~ -7r 1<eh.:.nin, v-/oJ( c:rw~~ I7e-~L- I I- .- . ~ ~ ! , . [ - i I i : ---1 , '" - I I ~-" "--'- ~ --~ ._~. ~--- (l,tc11J N l",f.a:t1A~- IJJ! ~k (xL,' ~ce.-.. or' M~ t:.dl-F';<j t . 1- - ~" ~[' 5c.tdL-.. City of Ashland Planning Exhibit Exhibit # .2.. PA # 'J..Oos / 046 Data;>. D. (Y-;- Stattf!IDPL J ~ v ~-e ?_ .~ rq....w-f- <<-/41-' ~ RESTRICTIVE COVENANT The undersigned, Rick Schiller being the record owner of the real property described on the attached Exhibit "A," located in Jackson County, State of Oregon, does hereby make the following restrictive covenant for the above described real property, specifying that covenant shall constitute a covenant to run will all of the land and shall be binding on all persons claiming under such land and that these restrictions shall be for the benefit of and limitation upon all future owners of said real property. Exhibit" A" Lot 4, Block 1, Grizzly Park Subdivision, City of Ashland, Ja~:kson County, Oregon. All of the foregoing property is subject to the following condition and restriction: The business activity of the subject property (commercial Jl.ortion of 1352 square feet) shall be limited to the hours of operation of 9 a.m. to 5 p.m. for the days of Monday through Saturday. This covenant shall run with the land and be effective in perpetuity unless and until an instrument changing or terminating this covenant, signed by all of the then owners of the property and a duly authorized representative of the City of Ashland, has been recorded. Dated this day of ,2005. Rick Schiller ACKNOWLEDGEMENT STATE OF OREGON) )ss County of Jackson ) Personally appeared the above named Rick Schiller on the day of 2005 and acknowledged the foregoing instrument to be her voluntary act and deed. Notary Public for Oregon My commission expires: 31 Ci_tizen Speaker RequestF<!rl!!_ _ __ _ ____ ___ __ _ Please complete this form and return to the City Recorder. *This form is a public record* Meeting Date:__'4I~____ SUIlH'CT_;';:"~ry Jl"'~Y -4t~___ __ ___ AGENDA NUMBER (if on tonight's agenda): -1I/Ii--1ji,l:; LAND USE I-fEARING (Please check one): FOR: AGAINST: NAME aQ'('~ a.,,<<# ~ff)Jt'q (;,Pf. 1i1.& t' ~ (Pleas print) ADDRESS (no P.O. box):~r,,- R6'i.1I e- Pl4t ~ PHONE NUMBER: J./ ff~o:;" t., 6 EMAIL 74 ~t SQ..,I; "€J a ~/. <! if fYL WRITTEN COMMENTS: I)t {Ion ter~ re~7 J 't!-lAfs CJf-~-- !i"9/1 <e f1ql ~ ftq t. 0/". sc;t2 " s f2, r-- Q, (I t eh, 1 ~ 1"(../1'Hf0l.;/ cltt!h l'v~c" i 6YJ~~ h/(/(Jva n-4 .J-j,- ~ /J/suql afJfPafoA~tI cI./ -It; 'l,~j{;l']7 P/QtA'~_Th4f- m q tJ 't (.I) ~ ~f,If.- ho~ s e S r~ rt/'tZ r IF YOU WISH TO ADDRESS THE CITY COUNCIL: 1. Please complete this form and return it to the City Recorder. 2. Address the City Council from the table podium microphone. 3. State your name and street address for the official record. 4. Please limit your comments to 5 minutes, unless otherwise instructed by Mayor. 5. If written documentation is presented, please furnish one copy to the City Recorder for the official record. IF YOU WISH TO SUBMIT WRITTEN COMMENTS TO THE CITY COUNCIL: I. Please complete this form and return to the City Recorder. 2. Written comments will be part of the official record. 3~ ASHLAND PLANNING DEP ARTlVIENT STAFF REPORT February 8, 2005 PLANNING ACTION: 2005-045 APPLICANT: Rick Schiller LOCATION: 394 East Hersey Assessor's Map# 391E 04DC: Tax Lot# 6700 ZONE DESIGNATION: E-1 COMPREHENSIVE PLAN DESIGNATION: Employment District ORDINANCE REFERENCE: 18.40 18.72 18. 1 00 Employment District Site Design and Use Standards Variances REQUEST: Request for a Site Review approval to add three off-street parking spaces on the east side of the building adjacent to Rogue Place, to relocate the refuse/recycle area, and to expand to outdoor patio area of the residence on the northeast side of the building for the property located at 394 East Hersey Street. An Administrative Variance to the Site Design and Use Standards is requested to locate off-street parking between the building and Rogue Place. A Variance is also requested to exceed the maximum allowable number of automobile parking spaces by two spaces - a total of six surface parking lot spaces are permitted and eight are proposed. I. Relevant Facts 1) Background - History of Application: In July of 1988 conceptual approval for a Conditional Use Permit to allow a residence in an Employment zone was approved. In December 1988 (P A 88-184) a request for Site Review for construction of a new building at 394 East Hersey Street was administratively approved. At the time of the approval residential uses in the E-l zone were very limited, due to the incompatibility of commercial/manufacturing and residences. The approved application was for a mixed-use building, providing the previous Planning Application 2005-045 Applicant: Rick Schiller Ashland Planning Department - Staff Report February 8, 2005 Page 1 33 property owner with a studio space for the manufacture of clothing. This parcel also fronts a residential district (across East Hersey) and thus the application provided an effective transition between the residential zone and the employment/commercial zone uses further south of Hersey Street. There are no other applications on file for this site. 2) Detailed Description of the Site: The lot is 15,000 square feet and is located at the end of the improved portion of Hersey Street. The lot slopes gently to the north for 130 feet, the remaining 20 feet are part ofthe street cut and there is a steep slope down to Hersey Street where the acc~:ss to the lot is located. The lot has an existing single-family residence of 1,780 square feet and an attached commercial space of 1,352 square feet. 3) Proposal The applicant request is to modify a previously approved Site Review for the establishment of a commercial mixed-use building. The request involves the addition ofthrlee (3) off-street parking spaces on the east side of the building adjacent to Rogue Place. The applicant is proposing to relocate the recycle and refuse area from the parking lot accessed from Hersey Street to the Rogue Place side of the building. The proposed location on Rogue Place will be screened from the public right-of-way with a 5-foot by 7-foot wooden enclosure. The applicant is also proposing to expand the existing patio area attached to the single-family residence on the northeast side of the building. This expansion is to increase the outdoor living area for the residence. The application also includes an Administrative Variance to the Site Design and Use Standards to locate off-street parking between the building and Rogue Place. As part of the original application a Variance to the Off-Street Parking Chapter 18.92.020 F. Maximum Allowable Number of Automobile Parking Spaces was requested. The parking lot was approved for six (6) spaces; the applicant's original plans had shown eight (8) spaces. Following discussions with staff the applicant agre~~d to eliminate two (2) of the spaces in the existing lot. The two eliminated spaces pavement will be removed and the area will be re-vegetated. The removal of the two (2) spaces eliminates the need for the variance as originally noticed. Planning Application 2005-045 Applicant: Rick Schiller Ashland Planning Department - Staff Report February 8, 2005 Page 2 34 II. Proiect Impact The current parking lot configuration is confusing and complicated tOl maneuver. The manner in which the current parking is situated does not allow access to the east side of the structure and would create confusion for clients attempting to enter the tenant space facing Rogue Place. Currently, access is only available on the west side of the structure. One (1) of the proposed parking spaces will be handicap accessible, to bring the lot into conformance with the Oregon Department of Transportation Disabled Parking Standards. Though the parking is proposed to be between the building and the street the addition of landscaping will buffer the parking and improve the aesthetics of the current lot when viewing it from Rogue Place. Rogue Place is a dead-end street with no thru traffic; it is used to access the five (5) homes directly adjacent to the property. The applicant has stated in their written findings that a restrictive covenant will limit the hours of operation for the commercial building from 9 am to 5 pm Monday through Saturday. This will reduce the impact of vehicle trips on both the adjacent residential homes on Rogue Place and the adjoining residential home. There is a tree very near the proposed parking spaces. The tree species and size must to be identified on the site plans. The tree may require tree protection fencing. It is the burden of the applicant to accurately show all trees and how any changes to the site will affect the established trees. In the original proposal the applicant had requested a Variance to the Off-Street Parking Standards by increasing the number of parking space by more than 10% of what was originally approved. Following conversations with staff the applicant has chosen to remove two of the existing parking spaces, eliminating the need for the variance. The two spaces to be removed will be re-landscaped to reduce the impervious surface area and soften the hard-scape. Staff does support the moving of the refuse and recycle area to the Rogue Place side of the property. The current location is difficult for the sanitary crews to access because of the steep slope of the driveway. They either have to back in from Hersey Street or pull head-in and then maneuver the small parking lot. Due to the current parking configuration if there are vehiclles parked in the designated spaces it is nearly impossible to turn a truck around. The new location will be screened from the public right-of-way and adjoining properties with a 5-foot by 7- foot wooden enclosure. Staff suggests the applicant schedule pick-up days to be concurrent with the pick-up on Rogue Place. At this time staff cannot support the expansion of the patio area. There is an existing Purple Leaf Plum tree (according to originallland-use approval) that is Planning Application 2005-045 Applicant: Rick Schiller Ashland Planning Department - Staff Report January 27,2005 Page 3 3S not identified on the site plan. Staff does not know if this tree will be removed or retained. If the tree is over six inches in diameter at breast height it may require a tree removal permit. It is the burden of the applicant to show all vegetation on site, specifically any vegetation that will be affected by development. The size and species need to be identified on a revised landscape plan before staff can support the patio enlargement. The slope to Hersey Street to the north of the residence is steep. If the patio is to be extended towards Hersey Street staff will need the elevations of any potential retaining walls on the slope down to Hersey Street. III. Procledural- Requirled Burden of Proof The c~riteria for Site Review approval are described in Chapter 18.72 as follows: A. All applicable: City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. The c:riteria for Administrative Variance from Site Design and Use Standards are described in Chapter 18.72 as follows. A. There is a demonstrable difficulty in meeting the specific requirements of the Site Design Standards due to a unique or unusual aspect of the proposed use of a site. B. Approval of the variance will not substantially negatively impact adjacent properties. C. Approval of the variance is consistent with the stated purpose of the Site Design and Use Chapter; and D. The variance requested IS the mmlmum vanance, which would alleviate the difficulty. Planning Application 2005-045 Applicant: Rick Schiller Ashland Plamling Department - Staff Report January 27,2005 Page 4 3~ IV. Conclusions and Recommendations Overall, staff supports the Administrative Variance to the Site Design and use standards for parking between the building and the public street. The configuration of the lot is difficult to maneuver and the proposed changes will alleviate the poor lot design. The addition of landscaping around the new parking spaces will soften the hard-scape, and make the area more visually pleasing than its current state. Staff also supports the change in refuse and recycle area from its current location in the parking lot accessed from Hersey St[l~et to the Rogue Place side of the parcel. At this time staff cannot support changes to the patio due to a lack of information submitted regarding tree removal and retaining wall for the patio area. Recommended Conditions 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the onsite parking spaces which meet the requirements of Chapter 18.92 (Off- Street Parking) shall be installed and fully improved at the rear of the property. 3) Resubmit a landscape plan with plantings from previous land-use approval re- established. 4) If the tree near the parking area shall be identified on the site plans and iflthe addition ofthe parking spaces requires tree removal, a Tree Removal Permit shall be approved prior to the addition of the parking spaces. 5) That a revised site plan be submitted (to scale) with any elevations pertaining to the enlargement of the existing patio area. If the patio enlarge:ment requires tree removal, a Tree Removal Permit shall be approved prior to the expansion of the patio area 6) A five-foot (5 ft) landscape buffer shall be planted for the length of parking space three along the southern property line. 7) That exterior lighting shall be shown on the building pemlit submittals and appropriately shrouded so there is no direct illumination of surrounding properties. 8) That a sign permit shall be obtained prior to installation of new signage. Signage shall meet the requirements of Chapter 18.96 and shall m(~et the requirements if located in the vision clearance area of 18.72.120.C. 9) That all requirements of the Ashland Fire Department shall be complied with. Planning Application 2005-045 Applicant: Rick Schiller Ashland Planning Department - Staff Report January 27,2005 Page 5 31 ASHLAND TREE COMMISSION PLANNING APPLICA nON REVIEW Applicant: Rick Schiller Date: February 3, 2005 Address: 394 E. Hersey Commercial: x Residential: Proposed Action: PLANNING ACTION 2005-00045 is a request for a Site Review Approval to add three off-street parking spaces on the east side of the building adjacent to Rogue Place, to relocate the refuse/recycle area, and to expand the outdoor patio area of the residence on the north side of the building for the property located at 394 E. Hersey Street. An Administrative Variance to the Site Desigln and Use Standards is requested to locate off-street parking between the building and Rogue Place. A Variance is also requested to exceed the maximum allowable number of automobile parking spaces by two spaces - a total of six surface parking lot spaces are permitted and eight are proposed. Comprehensive Plan Designation: Employment; Zoning: E-1; Assessor's Map #: 391E 04 DC; Tax Lot: 3509. Recommendation: 1) Tree Commission suggests choosing a tree other than the Betula pendula (European White Birch) to replace landscaping from the original approval. Chose a tree from the city Recommended Street Tree Guide to be planted on the southern lot line. 2) Tree Commission recommends removal and replacement of the Plum tree near the proposed parking area with a 2" caliper tree of comparable species. 3) Tree Commission recommends 1.5" caliper trees to be planted throughout the site. Commission Representative: , ~ ~~1~N)eih j'. ( \j Date: 2.3.2005 Follow-up: 38 Notice is hereby given that a PUBLIC H liNG on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION HEARINGS BOARD on FEBRUARY 8, 2005 at 1 :30 p.m. at the ASHLAND CIVIC CENTER, 1175 East Main Street., Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or 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 Commission to respond to the issue precludes an action for damages in circuit court. J l~~ I~J~ IJ~ E HERSEY ST A copy of the applicatio, jocuments and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost. if requested. All materials are available at the Ashland Planning Department. Community Development and Engineering Servlices, 51 Winburn Way, Ashland, Oregon 97520. During the Public Hearin!J, the Chair shall allow t1estimony from the applicant and those in attendance concerning this request. The Chair shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a pal1icipant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. If you have questions or comments concerning this request. please feel free to contact Susan Yates at the Ashland Planning Department. at 541-552-2041. OurTTY phone number is 1-800-735-2900. pLttJ[ Jl ~ --------- __'^"I' J^AA~'~'I 394 East Hersey Street PLANNING ACTION 2005-00045 is a request for a Site Review approval to add three off-street parking spaces on the east side of the building adjacent to Rogue Place, to relocate the refuselrecycie area, and to expand the outdoor patio area of the residence on the north side of the building for the property located at 394 E. Hersey Street. An Administrative Variance to the Site Design and Use Standards is requested to locate off-street parking between the building and Rogue Place. A Variance is also requested to exceed the maximum allowable number of automobile parking spaces by two spaces - a total of six surface parking lot spaces are permitted and eight are proposed. Comprehensive Plan Desi!;Jnation: Employment; Zoning: E-1; Assessor's Map #: 391 E04DC; Tax Lot: 3509 APPLICANT: Rick Schiller NOTE: This Planning Action will also be heard by the Ashland Tree Commission on February 3,2005 in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way at 7:00 p.m. ;"1 SITE REVIEW 18.72.070 Criteria for Approval The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. e. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. (Ord. 2655, 1991; Ord 283656, 1999) VARIANCE FROM SITE DESIGN & USE STANDARDS 18.72.090 Administrative Variance from Site Design and Use Standards An administrative variance to the requirements of this chapter may be granted with respect to the requirements of the Site Design Standards adopted under section 18.72.080 if, on the basis of the application, investigation and evidence submitted, all of the following circumstances are found to exist: A. There is a demonstrable difficulty in meeting the specific requirements of the Site Design Standards due to a unique or unusual aspect of the proposed use of a site; B. Approval of the variance will not substantially negatively impact adjacent properties; e. Approval of the variance is consistent with the stated purpose of the Site Design and Use Chapter; and D. The variance requested is the minimum variance which would alleviate the difficulty. VARIANCE 18.100.020 Application The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description of the property and plans and elevations necessary to show the proposed development. Also to be included with such application shall be a statement and evidence showing that all of the following circumstances exist: .A.. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. (Ord.2425 51, 1987). e. That the circumstances or conditions have not been willfully or purposely selfDimposed.(Ord. 2775, 1996) AD 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 .lon11ory 70.7005, I caused to be mailed, by regular mail" in a sealed envelope with postage fully prepaid, a copy of the clttached Findings to each person listed on the attached mailing list at such addresses as set forth on -.- ,-- :-;. f1Cil~) -" A4. '---. ,:'/IL/ 'C-"'" L/ ,J this list under each person's name for Planning Action # .--, -> .---~- --~I ~// .J.. - l _ ._, / ((:)3'(~~S'lLck~ / . Signature of Employee SIGNED AND SWORN TO before me this 20th day of .Iflnwuy, 2005. OFFICIAL SEAL NANCY E SLOCUM NOTARY PUBLIC - OREGON COMMISSION NO. 371650 MY COMMISSION mIRES SEPT_ 18. 200'7 ,-~""",'-"""""!";.''''"~''=-'-' r:~t:()~ Notary Pu lic for State of Oregon My Commission Expires: 9-/?-() 7 Co mm-Dev\Pla n n i ng\ Tempi ates 41 391E04DC 3605 PA#2005-045 BRAUGHT JOSEPH H/JENNIFER L 462 ROGUE PL ASHLAND, OR 97520 391E04DC 2002 PA#2005-045 GIBBONS ROGER LIMARIL YN A 371 HERSEY ST ASHLAND, OR 97520 391E04DC 3512 PA#2005-045 MACE PAUL B/KATHLEEN H K 345 CLINTON ST ASHLAND, OR 97520 391E04DC 1911 PA#2005-045 NELSON JULIE A 400 W NEVADA ST ASHLAND, OR 97520 391E04DC 1909 PA#2005-045 OSTOVARJALEH K 492 ANN ST ASHLAND, OR 97520 391E04DC 1904 PA#2005-045 RICKERSON P/GOL Y OSTOV AR 502 FAIRVIEW ASHLAND, OR 97520 391E04DC 3511 PA#2005-045 SHAHIN HABIB/M SORIANO PO BOX 111 ASHLAND, OR 97520 ~91E01DC 3513 P/.dt2005 (~ :fAYLOR JO,^.N TRUSTEE--FBG +37 THOMAS CT (;ENTR.^.L POINT, OR 975W 391E04DC 3606 PA#2005-045 WALSH MICHAEL S 442 ROGUE PL ASHLAND, OR 97520 391E04DC 3505 PA#2005-045 BROOMFIELD MICHAEL S/MARY J 437 WILLIAMSON WAY ASHLAND, OR 97520 391E04DC 3609 PA#2005-045 GOUVEIA GARY THOMAS TRUSTEE 453 WILLIAMSON WAY ASHLAND, OR 97520 391E04DC 1900 PA#2005-045 MIKOT A RA Y 415 E HERSEY ASHLAND, OR 97520 391E04DC 1801 PA#2005-045 OSTOV AR IRAJ PO BOX 305 ASHLAND, OR 97520 391E04DC 3610 PA#2005-045 P ADNO MIL TON/NA T ALIE A 573 CAROL ST ASHLAND, OR 97520 391E04DC 3509 P A#2005-045 SCHILLER BARBARA A PO BOX 3130 ASHLAND, OR 97520 391E04DC 3604 PA#2005-045 STICKLE RICHARD/LINDA 492 HERSEY ST ASHLAND, OR 97520 391E04DC 3510 PA#2005-045 THERAPEUTIC INVESTMENTS LLC 36 HAWTHORNE ST MEDFORD, OR 97504 42- 391E01DC 2000 P.\#2005 015 GIBBONS ROGER UM.\RILY1'! A 371 E HERSEY ASHL^~l\lD, OR 97520 391E04DC 3607 PA#2005-045 KIM ANDREW D/CAROL D 422 ROGUE PLACE ASHLAND, OR 97520 391E04DC 3603 PA#2005-045 MOORE GARY R/SANDRA POPE 482 ROGUE PL ASHLAND, OR 97520 391E01DC 1803 PAff2005 015 OS TOVAR IRAJ PO BOX 305 ASHLAND, OR 97520 391E04DC 2100 PA#2005-045 P ARlNI BARBARA D 760 TARPON COVE DR 201 NAPLES, FL 34110 391 E04DC 3608 P A#2005-045 SEAMAN ROGER M TRUSTEE 1625 MADRONO AVE PALO ALTO, CA 94306 391E04DC 3506 PA#2005-045 TAYLOR JOAN TRUSTEE FBO 415 WILLIAMSON WAY 9 ASHLAND, OR 97520 391E04DC 3504 PA#2005-045 UNITED BICYCLE TOOL SUPPLY PO BOX 787 ASHLAND, OR 97520 Steve Terry 1016 Aspen St Medford OR 97501 Gary Moore 482 Rogue PI Ashland, OR 97520 43 ATTN: LEGAL PUBLICATIONS (JODY) PUBLIC MEETING NOTICE NOTICE IS HEREBY GIVEN that a Public Hearing on the following items with respect to the Ashland Land Use Ordinance will be held before the Tree Commission on February 3, 2005 at 7:00 p.m. at thE~ office of Community Development and Engineering Services (Siskiyou Room) located at 51 Winburn Way, Ashland, OR. At such Pubic Hearing any person is entitled to be heard. Request for a Site Review Approval to add three off-street parking spaces on the east side of the building adjacent to Rogue Place, to relocate the refuse/recycle area, and to expand the outdoor patio area of the residence on the north side of the building for the property located at 394 E. Hersey Street. An Administrative Variance to the Site Design and Use Standards is requested to locate off-street parking between the building and Rogue Place. A Variance is also requested to exceed the maximum allowable number of automobile parking spaces by two spaces - a total of six surface parking lot spaces are permitted and eight are proposed. Request for Annexation, Comprehensive Plan and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning R-1-3.5 (Suburban Residential) for an approximately ten acre parcl3110cated at 380 Clay Street. The request includes Outline Plan and Site Review approval for a 130-unit development under the Performance Standards Option. An exception to the Street Standards is requested to meander the proposed sidewalk on the Clay Street frontage around a cedar tree located in the southwest corner of the property. A Tree Removal Permit is requested to remove the nine trees on the site. Request for Annexation, Comprehensive Plan and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E..1 (Employment) for an approximately 1.6 acre parcel located at 593 Crowson Road. The portion of the parcel adjacent to Crowson Road is proposed in the Residential Overlay (R-Overlay) which allows a residential component and in the Detail Site Review Zone which requires additional building design features. The application includes a request for Site Review approval for a business complex including offices, light industrial space and three residential units. A Tree Removal Permit is requested to remove six trees on the site. In compliance with the Americans 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 I). By order of the Planning Director John McLaughlin Publish: 1/25/05 Date e-mailed: 1/20/05 Purchase Order: 65453 44 ATTN: LEGAL PUBLICATIONS (JODY) PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that a Public Hearing on the following items with respect to the Ashland Land Use Ordinance will be held before the AsWand Planning Commission Hearings Board on February 8, 2005 at 1 :30 p.m. at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon. At such Public Hearing any person is entitled to be heard. Request for a Site Review Approval to add three off-street parking spaces on the east slide of the building adjacent to Rogue Place, to relocate the refuse/recycle area, and to expand the outdoor patio area of the residence on the north side of the building for the property located at 394 E. Hersey Street. An Administrative Variance to the Site Design and Use Standards is requested to locate off-street parking between the building and Rogue Place. A Variance is also requested to exceed the maximum allowable number of automobile parking spaces by two spaces - a total of six surface parking lot spaces are permitted and eight are proposed. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TrY phone number 1-800-735 - 2900). Notification 72 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). By order of the Planning Director John McLaughlin Publish: 1/29/05 Date e-mailed: 1-20-05 Purchase Order: 65453 4~ 4t.e, VIO;wt 0t;r :5J~?C ~ ~h~u bt,J . A -rno-r;t'\\~ v' f~~~~~ 5'1~\ i7 ~\~Urnurtl v. dtwd~\- 64~{ c Nat1(i 1~':4" V t/\o,!efi rtdcl;)1~( ~ Mi;, 1 -'-r- ' 1~2?7 ~~ . _K fr-vn\l7 - ~v--tex Vt'liJI/lU'rl ~( ~ Aar ru,brnm VAr'h14-0~~ lenJ ;:,c qY~W,dCDK' - :r::70ktt. I f rkM\\k C" 1'~\7ana~fI'\ort{""riJ,) C~~~ ~d~-M!r) C~t'\l G'1vtfoil) ~ I i U t! t:> 5' i I ~ k -"....,<'-,.... 7" I /~?~~C7' , I" cJ../. '. J I. " I ' V'. 1/}.. :... "'/. I.. \ t. <-.-fa \ \ I f: I, ! t:f:; ! )~~ II ~;. '1 I i /' J .f //:; ,I ij ~ I i r /: - ,_.", 47 , ". 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C_ p <~ .,,-"'\ . .\~) ,. .~ I ,,\ r,:~) .... --j <.::. ;:r:: o c,. ~ ~ 1'" -1-' h ~ ~ ~ /.. ..-------- January 12, 2005 Ms. Amy Anderson Assistant Planner City of Ashland Community Development 51 Winburn Way Ashland., Oregon 97520 Re: Administrative Variance for 394 East Hersey Street Ashland Oregon, Rick Schiller, Applicant. Dear Ms. Anderson: Please find a set of revised findings, conceptual landscape plan, and a zoning/site map for the above captioned application. Should you require more information or clarification of any point regarding this application please give me a call at 778-0387 (cell). Thank you for your attention in this matter. Sincerely, ~::f / Stephen M. Terry 7 Agent for the Applicant "~11 n hp~r .1'-\.1\ 0 " (JU:l 4L1 Request Consideration of a Administrative Review for a variance for the addition of three parking spaces, relocation of a refuse facility and two existing onsite parking spaces and fence for a single-family residence constructed in conjunction with a commercial space located on the west side of East Hersey Street approximately 150 feet south of the intersection of Willamson Way within an E-1 (Employment Zone) zoning district. Scope and Purpose of the Application The purpose of this application is to request an Administrative Review for a variance consistent with the requirements of the City of Ashland Municipal Code Section 18.72.090. The primary emphasis for this review is for the addition of three (3) parking .' spaces that will be accessed from Rogue Place. The applicant is also requesting administrative approval for relocation of a 6-foot high fence with a small retaining wall in the front yard facing East Hersey Street and the relocation of a screened refuse facility c toward the easterly (front) portion of the property. The relocation of the screened refuse facility will necessitate moving an existing parking space. The primary emphasis for this review will be the improvement of off-street parking opportunities. The relocation of the refuse facility and parking space, and private fence are minor in scope but an important part of this request. The following is a brief summary of reasons for the proposed site plan changes. Parking The proposed three parking spaces will be utilized by the existing 1352 square feet of structure that was developed for commercial/service commercial development. The applicant submits that the proposed increase in parking spaces in coqjunction with landscape improvements will enhance the aesthetic component of the property and the surrounding neighborhood and improve the function of the site consistent with the intent of the E-1 zoning district. Fence The applicant desires to relocate the fence at the property frontage facing East Hersey Street so that a modest increase in private outdoor living space is achieved. Refuse Facility/Existing Parking Space There is an existing screened refuse facility located at the mid-point of the north property line that will facilitate pick-up. The relocation of this refuse facility will require that an existing on-site parking space be moved toward the interior of the property along the north property line. 5D Project Background/General Discussion: The subject property is located at 394 East Hersey Street, Jackson County Assessors Map 391E04DC Tax Lot 3509. The legal description of the subject property is Lot 4, Block 1, of Grizzly Industrial Park, City of Ashland, Jackson County, Oregon. The preponderance of the existing development in the area in the E-l zoning designation is professional office to the north and west. Residential development is located to the south and east. The subject property was developed in 1989 as per the approval of File No. 88-083 (staff report dated June 9, 1988) for one structure that contains both a residence that has a building foot print of approximately 1780 square feet of foot print and a commercial space that has a foot print of approximately 1352 square feet. The original intent of the application made in 1988 was to incorporate a "working space" in conjunction with a single- family residence. Access to the three proposed parking spaces will be along the east property line from Rogue Place, a 20-foot wide public street with curb and gutters constructed within a 39- foot wide right-of-way. There is no sidewalk along the north property line. Rogue Place was developed in conjunction with the abutting residential development to the south known as Park Ridge Subdivision, Phase 1. It anticipated that the approval of the proposed parking configuration will promote more efficient vehicle maneuvering, and make the site more conforming with the intent of the E-l zoning district and encourage more efficient utilization of the site. Relevant Code Sections: The following are relevant code sections of the City of Ashland Municipal Code that apply to this application. The subject property is located in an "E-l " zoning designation. The purpose statement of the E-l zoning district is described in the City of Ashland Municipal Code Section 18.40.010 states: "The district is designated to provide for a variety of uses' such as office, retail, or manufacturing in an aesthetic environment and having a minimal impact on surrounding uses. " and; Code Section - Site Design Standards 18.72,080 states: "A. The Council may adopt standards by ordinance for site design and use. These standards may contain: I. Additional approval criteria for development affected by this Chapter. ... 1 2 51 2. Information and recommendations regarding project and unit design and layout, landscaping, energy use and conservation, and other considerations regarding the site design. 3. Interpretations of the intent and purpose of this Chapter applied to specific examples. 4. Other information or educational materials the Council deem advisable. B. Before the Council may adopt or amend guidelines, a public hearing must be held by the Planning Commission and a recommendation and summary olthe hearing forwarded to the Council for its consideration. " Code Section - Administrative Variance from Site Design and Use Standards 18.072.090 states: "An administrative variance to the requirement of this chapter may be granted with respect to the requirements of the Site Design Standards adopted under section 18. 72.080 if on, the basis of the application, investigation and evidence submitted, all of the following circumstances are found 10 exist: A. There is a demonstrable difficulty in meeting the 5pecific requirements of the Site Design Standards due to a unique or unusual a5pect of the proposed use ofa site: B. Approval of' the varzance will not substantially negatively impact properties. C Approval of the variance is consistent with the stated purposed ol the Site Design and Use Chapter: and D. The variance requested is the minimum variance which would alleviate the difficulty. " Benefits of This Proposal: The proposed parking configuration will increase the efficiency of the site with a minimum of impact on the surrounding uses. The project currently "backs up" along the south east property line to the Rogue Place frontage. The under developed street frontage (curb only) on the north side of Rogue Place has a wire fence that is aesthetically inconsistent with the development in the area. The area between the curb and existing development is unimproved and firequently used as a "stopping point" for pet owners. The addition of parking spaces with landscape improvements will discourage this practice and result in a more pedestrian friendly environment. i~. _~ 3 5~ The three proposed parking spaces will also include one parking space developed consistent with ADA requirements and will facilitate access to the existing facility. It is anticipated that the parking spaces would be utilized by employees of the facility and individuals requiring the ADA parking space, and as such, will generate a minimal number of vehicle trips. Traffic generated by the proposed three parking spaces when compared to the abutting residential uses is anticipated to be minimal. Traffic generated by single-family reside:atial units is approximately 10 vehicle trips per day. Vehicles that access the residential development on the south also have an alternate access. It is anticipated that due to the nature of the facility, and business that could occupy it, that vehicle trips generated will be minimal. The increase of private outdoor living space by relocating of the fence on the East Hersey Street frontage will increase the enjoyment of the residential occupants. The relocation of one parking space and the refuse facility will facilitate more efficient removal and on site parking. Conformance with Relevant Code Standards: The site plan (Exhibit "A") is a representation of the proposed parking, building access, and landscaping for the purposed amendment as required by the City of Ashland Municipal Code Section 18.40.010 (Purpose), Section 18.72.090 (Administrative Variance from Site Design and Use Standards) and Section 18.72.080 (Site Design Standards). The proposed parking spaces will designed to at least the code minimum of 18 feet depth and 9 feet width with required backup and shall be constructed in accordance with the required construction code standards as contained in the City of Ashland Municipal Code. Citv of Ashland Municipal Code Section 18.40.010: "The district is designated to provide for a variety of' uses such as office, retail, or manufacturing in an aesthetic environment and having a minimal impact on surrounding uses. " Finding: The addition of the proposed parking improvements in conjunction with landscaping, relocation of parking and refuse facility, and private fence will improve the site and area aesthetic component of the development with a minimum of impact on the surrounding uses and is consistent with the purpose statement of the above referenced code section. 4 5>3 City of Ashland Municipal Code Section 18.72.080: "A. The Council may adopt standards by ordinance for site design and use. These standards may contain: 1. Additional approval criteria for development affected by this Chapter. 2. Information and recommendations regarding project and unit design and layout, landscaping, energy use and conservation, and other considerations regarding the site design. 3. Interpretations of the intent and purpose of this Chapter applied to specific examples. 4. Other information or educational materials the Council deem advisable. Finding: The subject site plan complies with the standards and approval criteria as contained in this code section. B. Before the Council may adopt or amend guidelines, a public hearing must be held by the Planning Commission and a recommendation and summary (~fthe hearingforwarded to the Councilfor its consideration. " Finding: The subject site plan complies with the requirements of this code section. City of Ashland Municipal Code Section 18.72.090: "An administrative variance to the requirement of this chapter may be granted ~with respect to the requirements of the Site Design Standards adopted under section 18. 72.080 if on, the basis of the application, investigation and evidence submitted, all of the following circumstances are found to exist: A. There is a demonstrable difJiculty in meeting the spec~fic requirements of the Site Design Standards due to a unique or unusual aspect of the proposed use of a site. Finding: The proposed parking improvements will improve access by individuals that require parking consistent with the American Disabilities Act (ADA). Addition of an ADA parking space will facilitate compliance with code requirements. 5 s4 B, Approval of the variance will not substantially negatively impact properties; Finding: The approval of the addition of three parking spaces will not generate vehicle traffic when compared to the uses that abut the subject property, C. Approval of the variance is consistent with the stated purposed of the Site Design and Use Chapter,' and Finding: The proposed improvements will enhance the aesthetic and functional components of the property consistent with the intent of the E-l zoning district purposes, D. The variance requested is the minimum variance which would alleviate the difficulty, " Finding: The proposed additional parking will improve access by individuals requiring ADA parking requirements and improve the opportunity for the site to function more efficiently. Summary and Conclusions: The request for an Administrative Variance can be found to comply with the requirements of the City of Ashland Municipal Code Section 18.72.090. The site will be more aesthetically pleasing, function more efficiently, and will become more complainant with the requirements of the City of Ashland Municipal Code, Client Stipulations: The applicant agrees to the following conditions of administrive site approval: 1. Construct a drive way apron and parking area including drainage requirements, consistent with the required code sections of the Ashland Municipal Code. 2. Landscape the space per the approved site plan, surrounding the purposed parking spaces to provide for a visual separation from the building and the abutting residential uses. The landscaping materials shall include but not be limited to shrubbery and tree material as approved by staff with an automatic irrigation system. 6 ~S 3. A restrictive covenant shall be recorded with the Jackson County Clerk's office that limits the hours of operation for the subject commercial building from 9 am to 5 pm Monday through Saturday. The covenant shall be in a form approved by the City of Ashland. 4. Any signage for the parking area shall be limited to one sign not more that 18" x 24" in size. 5, Building permits for required improvements shall be submitted and approved prior to proceeding with construction. Rick Schiller, Owner/Applicant 394 East Hersey Street Ashland, Oregon 97520 7 S~ I- ~uJ 2~ :)~ \V'J -:2. ~ 5fJ ~ ~ ~ "t ~ ~ , Pl,nning Dep'rtment C IT Y 0 r 51 Winburn Way, Ashland OR 97520 ,,1\.5 H LAN D 541-488-5305 Fax 541-488-6006 PLANNING APPLICATION File # PL - 2(,Ci~J --DGG4 5 Date Received ( - 7 - cc; Type Filing Fee $ y v <2::-- :.) Zoning __ Comp Plan Designation Minor Land Partition ~~~ Conditional Use Permit Boundary Line APPLICATION IS FOR: Outline Plan (# Units) Final Plan Site Review Annexation Zone Change Comp Plan Change Staff Permit Solar Waiver Application peliains to /g, 7;) .oqO (chapter, section, subpart) of the Ashland Municipal Code. APPLICANT - , Name -5-~C(.l( 9~tt;tf(V Address "~S (1 it f. ~fl~ ~I I sc<< LLleR i nC ~\ E-Mail .1.:\0L.CCI1. (for e-mailing Staff Report) Phone54f -144~5gIJ City ItJ Ulttv'{ Zip C17Sdf) PROPERTY OWNER Name ~,/~\,Q.,&~ ccf>>I/€-. Phone Address --. . CIty Zip K SUVEYOB,. ENGINEER. ARCHITECT. LANDSCAPE ARCHITECT Name Phone Address City Zip DESCRI]>TION OF PROPERTY Street Address ~:~/lc( E.. fk(<;Qi/ <;;:1- I Assessor's fvlap No. 39 IE 0':; iN: Tax Lot(s) . -i, .:> ):,--(',: 9 '~.' J , On a separate sheet of paper, list any covenants, conditions or restrictions concerning use ofthe property or improvements contemplated, as well as yard set-back and area or height requirements that were placed on the property by subdivision tract developers. Give date said restrictions expire, OVER ~~ G:\comm.dev\planning\Forrn.':; & Handouts\Planning Application Fornl.doc 58 FINDINGS OF FACT Type your response to the appropriate zoning requirements on another sheet(s) of paper and enclose it with this form. Keep in mind your responses must be in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that SUDDortS it. I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense. If I have any doubts, I am advised to seek competent professional advice and aSSi/i;JtJ;l 1-0 7 -oS-- Applicant's Signature Date As owner of the property involved in this request, I have read and understood the complete application a d.it .nsequences to me as a property owner. j-() 7-!J~ Date NOTICE: Section 15.04.240 oJthe Ashland A1unicipal Code prohibits the occupancy oj a building or a release oj utilities prior to the issuance oj a Certificate oj Occupancy by the Building Division AND the completion oj all zoning requirements and conditions imposed by the Planning Commission UNLESS a satisJactory performance bond has been posted to ensure completion. VIOLATIONS may result in prosecution and/or disconnection oj utilities. 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