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Home My WebLink AboutRecord_PA_2006-00078 CITY OF ASHLAND RECORD FOR PLANNING ACTION 2006-00078 PLANNING ACTION: 2006-01294 SUBJECT PROPERTY: 719 PARK STREET OWNER/APPLICANT: Park Street Apartments, LLC / Urban Development Services, LLC DESCRIPTION: Request for a Conditional Use Permit to convert thirty (30) existing apartments to thirty (30) condominium units for the property located at 719 Park Street. COMPRHENS/VE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 15AA; TAX LOT: 5200 OWNER/APPLICANT: Park Street Apartments, LLC / Urban Development Services, LLC Date 10-31-2006 11-15-2006 10-17-2006 9-12-2006 9-12-2006 9-7-2006 8-23-2006 8-8-2006 7-28-2006 7-28-2006 7-27-2006 7-25-2006 7-21-2006 7-19-2006 7-7-2006 Item Notice of Land Use Appeal submitted by Philip Lang & Art Bullock Public notice & criteria, mailing list, newspaper publication Findings, Conclusions and Orders for PA2006-01294 dated 9-12-2006 Planning Commission Minutes Planning Department Staff Report Submittal from Davis, Hearn, Saladoff & Smith, applicant's attorney Public notice & criteria, mailing list, affidavit, . newspaper publication Hearings Board Minutes Letter from Philip Lang adding to call-up letter of 7-21-2006 Letter from Bill Molnar, Interim Director to Philip Lang Letter and attachments from Urban Development Services, applicant's representative Notice of neighborhood meeting submitted by Urban Development Services Letter from Philip Lang requesting public hearing Public notice & criteria, mailing list, affidavit, newspaper publication Applilcant's findings and application Paae # 1,-4 5-10 11-15 16-18 19-248 25-32 33-39 40 41 42 43-45 46 47 48-54 55-68 Notice of Land Use Appeal Ashland Munici al Code 18.108.110.A.2 A. Name(s) of Person Filing Appeal: B. Address(es): 1. 2. C. Planning Commission Decision Being Appealed J?l~it:: JJ)~~~/ t~ ~nn? action: D. How Person(s) Filing Appeal Qualifies as a Party For each erson listed above in Box A, h ck a ro riate The person named in I am the applicant. Box A. 1. above ~ participated in the pub' hearing before the planning qualifies as a party mmission, either orally or in writing. because: ~ I was entitled to receive notice of the action but did not receive notice due to error. I am the applicant. ~ participated in the public hearing before the planning commission, either orally or in writing. ~ I was entitled to receive notice of the action but did not receive notice due to error. Attach additional pages if others have joined in the appeal and describe how each qualifies as a a . The person named in Box A.2. above qualifies as a party because: E. Specific Grounds for Appeal 1. The first specific ground for which the decision should be reversed or modified is (attach additional pages if necessary): L ,Utl-P.>,L (flI :L5~u( This is an error because the applicable criteria or procedure in the Ashland Municipal Code ~ 18"-' D4. OSat.-or other law in'l s.... _ . requires that attach additional a es if necessa L,,)M, LtTVt) -tjL ~~ . 2. The second specific ground for which the decision should be reversed or modified is (attachad~r.sneTs): A-fr MollO . Wo~/ ~ This is an erroJ beJ.u~ the applicable criteria or procedure in the Ashland Municipal Code ~ or other law in ~ requires that attach additional a es if necessa 3. The third specific ground for which the decision should be reversed or modified is (attach additional pages if necessary): This is an error because the applicable criteria or procedure in the Ashland Municipal Code ~ or other law in ~ requires that (attach additional pages if necessary): / 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 $ 286.00 which is the appeal fee required by ~ 18.108.11 O.A of the Ashland Municipal Code. Date: /o(~, 10" peal (attach additional pages if necessary): r 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. :z RUTH M. MILLER PIULIP C. LANG, LC~\V 758 f:) 0Lreet · Ashland. Orc8on 975'20 Residence ')41 · 48'2-8659 Ofllcc/Fif)( ')41 · 48'2-5387 October 31, 2006 To: City Administrator Re.: PA-2006-01294 Subj . : Appeal This planning action was heard on 9/12/06. Findings were mailed on 10/17 /06. Philip C. Lang and Art Bullock both testified at the hearing against approval. They are jointly requesting an appeal within the 15 day appeal period set forth by ordinance. The appeal is being lodged with the City Administrator, as required by ordinance. The basis for the appeal is the issue of "livability" (18.l04.050.C.) not sufficiently examined by the Commission, plus other issues raised at the heating. Since this is a de novo hearing other questions and appeal ;'points may be raised. hand delivered on October 31, 2006, the office of the City Administrator. PHILIP C. LANG j .~ . CITY OF ASHLAND ::;eived .roml9-llll'\ <r . .~ QQ \ Account NumbS\' 92447 Datel 0- ~ \ .,()~ Cash 0 Check ~~lP()' . Account~u'"t5 Amount JlCT~' \ . I:::: :::::::::::: Amount By --3\7; --~~TA~$ 6>~-Io'Ul> 4 ~A!. .ja~ Planning Department, 51 Win. , 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: #2006-01294 SUBJECT PROPERTY: 719 Park Street OWNER/APPLICANT: Park Street Apartments, LLC/Urban Development Services, LLC DESCRIPTION: Request for a Conditional Use Permit tQ convert thirt,y (30) existing apartments to thirty (30) condominium units for the property located at 719 Park St. COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2-P; ASSESSOR'S MAP# 391E 15AA; TAX LOT: 5200. APPLICANT: Park Street Apartments LLC/Urban Development Services LLC ASHLAND CITY COUNCIL MEETING: December 5, 2006, 7:00 PM, Ashland Civic Center r PA#20rl6~(l1294 719 PARKST SUELJECT PROPERTy I. J 1 , J r U[ "1..,[ 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 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. A copy of the application, 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 Winburn 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 testimony 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. In compliance with the American with Disabilities f\ct, if you need special assistance to participate in this meeting, please contact the City Administrator's office i 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). .5 lJ ("I11Ill flLlnlllll.L: '\"tkl'; \L11k,J ..."111(, CONDITIONAL USE PER~~ 18.104.050 Approval Criteria A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. 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. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. 6 G.\comm-dev\planning\Notices Mailed\2006\2006-01294 Council Appeal doc PA#2006-01294 391E15AD 1800 ALLEN BARBARA A 375 LITHIA WAY ASHLAND, OR 97520 PA#2006-01294 391E15AA 90004 BEAVER JAMES RlNANCY LEE PO BOX 384 ASHLAND, OR 97520 PA#2006-01294 391E15AD 2000 BRODEUR/BRODEUR INC 1801 SISKIYOU BLVD ASHLAND, OR 97520 PA#2006-01294 391E15AA 70008 CUNHA TIM/REGENT-CUNHA M'LISS 512 BLUE RIDGE CT V ACA VILLE, CA 95688 PA#2006-01294 39IE15AA 4901 ENGLE GREGORY J/JAMIE B 756 PARK ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 5102 GRIMSHAW JOHN V/GRIMSHA W PO BOX 1014 ASHLAND, OR 97520 PA#2006-01294 391E15AA 90008 HEINE BRYAN 2705 CLAY CREEK WAY ASHLAND, OR 97520 PA#2006-01294 39IE15AA 4700 HUFFMAN ELGYN R 722 PARK ST ASHLAND, OR 97520 PA#2006-01294 391E15AD 1803 KENNEDY KATHERINE M TRUSTEE 320 E MAIN ST ASHLAND, OR 97520 PA#2006-01294 39IE15AA 6806 LANG ERIC G 686 NORMAL AVE ASHLAND, OR 97520 PA#2006-01294 391E15AB 3002 BARGER KEVIN 731 NORMAL AVE ASHLAND, OR 97520 PA#2006-01294 391E15AA 4403 BETLEJEWSKl FRANK POBOX 604 ASHLAND, OR 97520 PA#2006-01294 391E15AA 5000 CAMPBELL ERIC J 768 PARK ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 70004 DALLAS SHARON A/EASTER JEFFREY 3109 CAPITAL AVE MEDFORD, OR 97504 PA#2006-01294 39IE15AA 5600 FARMER JOHN/GEORGENE 717 PARK ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 4600 HAKES DAVE E/RO-DEAN R 718 PARK ST ASHLAND, OR 97520 PA#200€i 01291 391EI5}~^. 5500 HOSKINS H ANTHONY 6155 PLUM\S ST 108 RENO, NV 89509 RETURNED PA#2006-01294 391E15AA 7100 JONATHAN LANDES CONSTRUCTION 796 LIBERTY ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 70001 KLIMEK RICHARD W 121 WALNUTPL PHOENIX, OR 97535 PA#2006-01294 391E15AA 90005 LEVICH NAOMI 663 PARK ST 5 ASHLAND, OR 97520 7 ( PA#2006-01294 391E15AA 6805 BEATTY TIM R1CINDY D 75107 OREGON LN IRRIGON, OR 97844 PA#2006-01294 391E15AA 4200 BLACK SYLVIA ANN TRSTEE FBO 660 PARK ASHLAND, OR 97520 PA#2006-01294 39IE15AA 70003 COMPTON DAVID MARK 730 NORMAL AVE ASHLAND, OR 97520 PA#2006-01294 391E15AA 5201 DlCOSKEY BRUCE TRUSTEE ET AL 745 PARK ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 4802 GlES BRIAN 730 PARK ST ASHLAND, OR 97520 PA#2006-01294 39IE15AA 4500 HAKES REENA I1DARIN T 700 PARK ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 6809 HUFF HELEN F TRUSTEE 7636 BODEGA AVE SEBASTOPOL, CA 95472 PA#2006-01294 39IE15AA 80001 KENNEDY KATHERINE M TRUSTEE 320 E MAIN ST ASHLAND, OR 97520 PA#2006-01294 39IE15AA 4900 KNOROSKI JOHN J TRUSTEE 864 MORTON ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 90007 LITHMAN ESTHER ET AL 669 PARK ST ASHLAND, OR 97520 I I I~ {5 o{" ~, I (J -f 3 - ecUtlt! j ( /lPfrtA I'V1tt,'!l! e-( ^/o+{~ e 5 lI!I-S-jOI Pf.tt200601294 39IE151\B 3201 LIVING OPPORTUNITIES mc POBOX 1072 MEDFORD, OR 97501 RETURNED 7-28-06 PA#2006-01294 39IE15AA 70006 LOVETT RICHARD PAUL TRUSTEE ET PO BOX 427 ASHLAND, OR 97520 P"^.tt2006 01294 39IE15Af.70007 MCLEAN KEVIN 738 NORM.^.L ST f.SHL^.ND, OR 97520 RETURNED 8/28/06 PA#2006-01294 39IE15AA 4402 MEYER KIRT 678 PARK ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 5200 PARK STREET APARTMENTS LLC 185 MISTLETOE ASHLAND, OR 97520 PA#2006-01294 39IE15AA 4800 PAUL SARAH TRUST 750 PARK ST ASHLAND, OR 97520 PA#2006-01294 39IE15AA 7000 ROTH JAMES A TRUSTEE 3231 TOLMAN CREEK RD ASHLAND, OR 97520 PA#2006-01294 39IE15AA 4801 SCHILLING FREDERICK 740 PARK ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 6801 SORIA MIGUEL/MARIA C 205 ASTOR WAY SALINAS, CA 93906 PA#2006-01294 391E15AA 6701 WARNER MICHAEL J/DIANA G 678 NORMAL AVE ASHLAND, OR 97520 ( i PA#2006-01294 391E15AA 70002 LOVETT RICHARD PAUL TRUSTEE ET PO BOX 427 ASHLAND, OR 97520 PA#2006-01294 39IE15AA 4501 MAC CORMACK MARSHA F 250 NEIL CREEK RD ASHLAND, OR 97520 P"^.tt2006 01294 391E15.'\..^.6810 MCLEOD CATHERINE 694 NORMf.L f.VE ;\SHLAND, OR 97520 RETURNED 8/28/06 PA#2006-01294 391E15AA 6700 NORMAL SEVEN LLC POBOX 548 ASHLAND, OR 97520 PA#2006-01294 391E15AA 6807 PATTERSON CLARENCE 0 - TRUSTEE 6830 HWY 66 ASHLAND, OR 97520 PA#2006-01294 391E15AA 90003 RAY ANNEB 370 SKYLARK LN W A YNESVILLE, NC 28786 PA#2006-01294 39IE15AD 1804 ROTH JAMES A TRUSTEE 3231 TOLMAN CREEK RD ASHLAND, OR 97520 PAtt200601294 391E15.\D 1802 SCHWIMMER GERTRUDE S TRUSTEE 759 PARK ST ASHL.^.ND, OR 97520 RETURNED 9/01/06 PAtt2006 01294 391E15AA 6804 STOWASSER RYAN/SA TLER 682 NORMf.L NlE ASHLAND, OR 97520 RETURNED 9/01/06 PA#2006-01294 391E15AA 90006 WELTMAN MIKE TRUSTEE ET AL 661 PARK ST ASHLAND, OR 97520 (j (- ; PA#2006-01294 391E15AA 70005 LOVETT RICHARD PAUL TRUSTEE ET PO BOX 427 ASHLAND, OR 97520 PA#2006-01294 391E15AB 3100 MCCLURE STUART ET AL 1765 SISKIYOU BLVD ASHLAND, OR 97520 PA#2006-01294 391E15AA 90001 MELTON PAMELA ANN PO BOX 3017 ASHLAND, OR 97520 PA#2006-01294 39IE15AA 5701 OWENS LEROY D/MARY JO 667 PARK ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 6808 PATTERSON DEBRA L 690 NORMAL AVE ASHLAND, OR 97520 PA#2006-01294 391E15AA 4300 REINHOLDT ROBERT B TRUSTEE ET 270 SKY CREST DR ASHLAND, OR 97520 PA#2006-01294 391E15AA 6811 SA TLER SERGIO TRUSTEE FBO PO BOX 3157 ASHLAND, OR 97520 PA#2006-01294 391E15AA 5100 SIERKA R DOUGLAS/ANN D 307 HILLCREST ASHLAND, OR 97520 PA#2006-01294 391E15AA 90002 TUCKER DIANNE C 657 PARK ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 5300 WOODING GEORGE/ICHIUJI NANCY 11 DELLABROOK AVE SAN FRANCISCO CA 94131 /~!5/06 l~ ,~ ~) f 3 - 2e'Ju h~; I 4pjJ~~ YV1tt: I (e?.{ Ale fic-es / f 11~/o(, PA#2006-01294 391E15AA 5400 WOODING MARY RUTH 727 PARK ST ASHLAND, OR 97520 P A#2006-0 1294 HOFFBUHR & ASSOCIATES 880 GOLFVIEW DRIVE MEDFORD, OR 97504 BOB MAYERS ADROIT CONSTRUCTION 4890 HWY 66 ASHLAND OR 97520 .f P.^.:lt209(i 91294 39IBI5.A.:\ 70000 'VI JRFL ffiNISE F 724 tTORMf..L AVE f.SHLAND, OR 97520 RETURNED PHILIP LANG 758 B STREET ASHLAND OR 97520 CHRIS HEARN ATTORNEY AT LAW 515 EAST MAIN STREET ASHLAND OR 97520 1 ( P A#2006-0 1294 URBAN DEVELOPMENT SERVICES 320 EAST MAIN ST SUITE 202 ASHLAND, OR 97520 ART BULLOCK 791 GLENDOWER ASHLAND OR 97520 / "1-/6-1 b 6 e J I :s 0.( 3-- (}; fA 11 t:P (I Itppt2 d'C VVle<:; /~. d 1\) cr-/- ( t e'S I ( //$-/66 ( f ATTN: ANDREA-CLASSIFIED PUBLISH 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 December 5,2006 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 portion of the review has been closed during a previous meeting. Request for a Conditional Use Permit to convert thirty (30) existing apartments to thirty (30) condominium units for the property located at 719 Park St. 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 em 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: 11/22/2006 P. O. No. 75760 E-mailed to Tidings: 11/15/2006 /6 ( ,1 October...Y.f. 2006 CITY Of ASHLAND Urban Development Services, LLC 320 East Main Street, Suite 202 Ashland, OR 97520 RE: Planning Action #: PA#2006-01294 Dear Mr. Dirienzo and Mr. Knox: At its meeting of September 12,2006, the Ashland Planning Commission approved your request for a Conditional Use Permit for the property located at 719 Park Street -- Assessor's Map # 39 IE 15 AA; Tax Lot 5200. The Findings, Conclusions and Orders document, adopted at the October 10, 2006 meeting, is enclosed. Please note the f0I10wu€'~~ems: 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. Afmal plan must be submitted within 18 months of the date of preliminary approval; otherwise, approval becomes invalid. G r@ ~ There is a 15-day appeal period, from the date ofthis letter, which must elapse before a building permit may be issued. All of the conditions imposed by the Planning Commission must be fully met. 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. cc: Park Street Apartments, LLC 185 Mistletoe Road Ashland, OR 97520 Philip Lang 758 B Street Ashland, OR 97520 Art Bullock 791 Glendower Ashland, OR 97520 Bob Mayers Adroit Construction 4890 Highway 66 Ashland, OR 97520 Chris Hearn 515 East Main Street Ashland, OR 97520 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 II r.l' II ( BEFORE THE PLANNING COMMISSION September 12,2006 IN THE MATTER OF PLANNING ACTION #2006-01294, REQUEST ) FOR A CONDITIONAL USE PERMIT TO CONVERT THIRTY ) (30) EXISTING APARTMENTS TO THIRTY (30) CONDOMINIMUM ) FINDINGS UNITS FOR THE PROPERTY LOCATED AT 719 PARK STREET ) CONCLUSIONS ) AND ORDERS ) APPLICANT: Park Street Apartments, LLC I Urban Development Services, LLC ------------------------------------------------------------------------------------------------------------------------- RECITALS: 1) Tax lot 5200 of 39 IE 15AA is located at 719 Park Street and is zoned R-2; Low Density Multi-Family Residential. 2) The applicant is requesting a Conditional Use Permit to convert thirty (30) existing apartments to thirty (30) condominium units. 3) The criteria for issuance of a Conditional Use Permit are described in Chapter 18.104 as follows: A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented. by any City, State, or Federal law or program. B. 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. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. Findings, Conclusions and Orders PA2006-01294 October 10,2006 Page I /:2.. / i 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. 4) The Planning Commission, following proper public notice, held a Public Hearing on September 12, 2006 at which time testimony was received and exhibits were presented. The Planning Commission approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHmITS 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 Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that the proposal meets all applicable criteria for a Conditional Use Permit as described in Chapter 18.104. The Planning Commission finds that the existing units were constructed in accordance with all applicable Land Use Planning and Building Code standards in place at the time of the approval. 2.3 The Planning Commission finds that public facilities are already in place that serves the existing units, including water, sewer, paved access to and throughout the development, electricity, urban storm drainage, police and fire protection. Consequently, the Commission finds that the conversion will not cause a City facility to operate beyond capacity. 2.4 The Planning Commission finds that the conversion of apartments to condominiums will not have an adverse material effect on the livability of the impact area because the conversion will not increase the generation of traffic. The units currently exist and there are no structural changes proposed which would change the scale, bulk, coverage or architectural compatibility with the surrounding area. Lastly, the Commission finds that Findings, Conclusions and Orderst /3 PA2006-01294 October 10, 2006 Page 2 t \ ~ (, the conversion of apartments to condominiums will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. The surrounding area contains single-family, multi-family housing and commercial developments. The parcels adjacent to the site are fully developed, and the proposed conversion will not prevent adjacent land from being developed in accordance with the R-2 zoning district, Ashland Land Use Ordinance and Ashland Comprehensive Plan. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal for a Conditional Use Permit to convert thirty (30) apartment units to thirty (30) condominium units 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 #2006-01294. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2006-01294 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That a final condominium survey shall be submitted to the City within 12 months of this approval. 3) That all easements for public utilities and pedestrian access shall be indicated on the final survey as required by the Ashland Engineering Division. 4) Prior to the signature of the final survey plat: a final utility plan, showing existing and proposed connections to City of Ashland systems, shall be submitted for the review and approval of the Engineering, Planning and Building Divisions; each individual lot shall be served separately by water, sewer, and electric services; utility easements shall be provided through the other properties as necessary; and copies of all required maintenance agreements shall be provided for staff review. 5) That the By Laws be reviewed and approved by the Staff Advisor and Legal Department prior to signature of the final condominium survey. Such By Laws shall address which units are to be the required affordable housing units, shall note that the current tenants shall have first right of refusal to purchase the condominiums, shall identify parking locations by unit and shall address the maintenance requirements for the common open space areas. 6) That the By Laws indicate that the designated affordable housing units shall remain in the City of Ashland's Affordable Housing program for a minimum of 30 years. Findings, Conclusions and Orders PA 2006-01294 October 10, 2006 Page 3 J4 I " (' 7) That the applicant sign an agreement prepared by the City of Ashland stipulating that eight of the units, as identified in the bylaws, comply with the City of Ashland Affordable Housing Program established by Resolution 2006-13 for purchase and rental housing for a period of not less than 30 years. The agreement shall be recorded in the deed records. 8) That the existing tenants shall be given60-days to address the first right of refusal and shall not be evicted prior to the 60-day time period expiring. Documentation of the first right of refusal shall be submitted with either the building permit submittals or prior to signature of the final condominium survey. 9) That prior to the recordation of the agreement, the applicant shall meet with the City's Affordable Housing Officer in order to review and verify all City requirements, as noted in Ordinance #2624 and Resolution #2006-13. 10) That the bicycle parking facilities in accordance with 18.92. 040.J under the stairwells as proposed by the applicant shall be installed prior to final condominium survey. 11) That all requirements of the Ashland Fire Department shall be met, including but not limited to recording and maintaining a Fire Apparatus Access Easement, prior to signature of the final condominium survey. 12) That all requirements of the Ashland Building Department shall be met prior to signature of the final condominium survey. 13) That any structural changes to the exterior of the buildings, additions or new structures, or changes to the site layout and landscaping shall require a modification of the Site Review approval. -1~ Planning Commission Approval ..., 10 -- I L - () b Date Findings, Conclusions and Orders )b PA 2006-01294 October 10, 2006 Page 4 ... Fields announced that Item C, P A2006-0 1548 has been postponed until next month. PLANNING ACTION 2006.01548 REQUEST FOR A CONDITIONAL USE PERMIT TO CONVERT THIRTY (30) EXISTING APARTMENTS TO THIRTY (30) CONDOMINIUM UNITS FOR THE PROPERTY LOCATED AT 719 PARK STREET. AP.PLJCAHT: PARKIf~ AfWtT-MENT'8 LLeIlIftMftfi\'!LOPMeNT ~es LLC Site Visits or Ex Parte Contacts Dawkins, Dimitre, Dotterrer and Morris had site visits. Black had a site visit and saw Marsh. They discussed artist's housing in AsWand, but did not discuss this application. Marsh had a site visit and chatted with Black. Fields and Stromberg did not have a site visit. STAFF REPORT Molnar gave a presentation based on the written Staff Report. The action was called up for a public hearing by Philip Lang based on issues related to public policy that the application should be denied due the loss of affordable units. And, the application falls contrary to the proposed condominium ordinances that have not yet come before this body and are not adopted and the project reduces affordable housing. It's Staff's opinion that Lang's comments do not address the approval criteria. According to Mike Franell, City Attorney, this application is subject to the standards currently on the books. The Resolution adopted in June establishes a 30 years affordability requirement. A proposed modified ordinance has been reviewed by the Housing Commission (not applicable in this case). The main change will address additional tenants' rights. The applicant has agreed in their application (Condition 8) that the existing tenants shall be given 60 days to address the first right of refusal and shall not be evicted prior to the 60 day time period. Currently, there can be a loophole, while the applicant is obligated to get the first right of refusal, a tenant could get an eviction notice, incur additional costs to find another place, then they get the first right of refusal. The change would allow the tenants to stay in the units throughout the duration while they decide if they would like an opportunity to purchase the property. Staff believes the application meets the standards as provided in the current ordinance and is recommending approval. Black/Stromberg m/s to extend time to 11:00 p.m. Everyone approved. PUBLIC HEARING BOB MAYERS, Adroit Construction, 4890 Hwy 66, Ashland, spoke. Mayers said that his company built the apartments in the early 1990's. Over the time they have managed and rented the units, they have allowed single mothers to live there frey at times, his employees have lived there for reduced rents, and some elderly people pay the same rent as the day they moved in. The apartments are all two bedroom, two baths. Their intent is to clean and upgrade the units. They have no problem meeting all the regulations. They agree with the affordability requirement. He does not believe that many tenants will be able to afford to purchase the units at $130,000 so they will probably continue to rent to low income households. CHRIS HEARN, 515 East Main Street, is representing the applicant. This application was approved administratively by Staff in conformity with the Land Use Ordinance. All the units will be affordable in the sense they will be the most affordable units listed in AsWand. If these units are converted to condominiums, it will increase by eight the number of affordable units in AsWand this year for a 47 percent increase in the number of affordable units built. There were only 17 units completed in Ashland this year. Hearn presented a Power Point presentation addressing the criteria (part of the record). Resolution 1993-39 is directly applicable. The applicant is complying with the currently adopted resolution and that is what the Commission needs to address. This application meets all the standards the Council has given them. Stromberg noted that this application is taking rental units out of the affordable market and 24 are no longer available to rent and would be available for sale. Hearn said there are seven approval criteria. Criteria one through six are all the physical attributes of an application and none . of those are changing. Criteria 7 is the catch-all - other factors found to be relevant by the hearing authority - to catch something that might have been missed in 1-6. Mindlin wondered if Mayers would be willing to do anything the Housing Commission recommended such as reducing the sales price to a 60 percent or below standard and dispersing the units throughout the complex. ASHLAND PLANNING COMMISSION REGULAR MEETING SEPTEMBER 12,2006 MINUTES 7 /10 _"l ( MARK DIRIENZO, Urban Development Services LLC, 320 E. Main Street, Suite 202, stated that they are meeting the existing criteria that is 80 percent. The 60 percent was mentioned by the Housing Commission that they would desire, but rents are already pretty depressed in Ashland. He believes there is a push for conversions because the rents are depressed enough that owners can't collect enough funds to improve them so they are converting them, selling one or two, improving the existing units and keeping them as an investment going forward. The applicants would have favored disbursements of units throughout the complex, however, after talking with the non-profit agencies such as ACCESS, who have to go out for money in the form of grants, etc., they say that banks have a hard time with Ii unit here and a unit there. They want them all grouped together. It's the long-term flexibility that is attractive to Mayers. Mayers said this isn't a huge complex. It just makes it tougher to manage the units if they are dispersed. Black asked why they didn't consider building condominiums when he built them. MARK KNOX, 320 E. Main Street, Suite 202, Urban Design Services, said the R-2 zoning allowed condominiums in 1991 too. The reason we aren't seeing more apartment projects today is because they. are regulations forcing the owners to give up 25 percent of the units if they ever convert. People are approaching him and Mark DiRienzo to propose condominiums up front that don't have any regulations whatsoever. PHILIP LANG, 758 B STREET, protests the condominiumization of Ashland with this project as an example. He is also here to establish the grounds for further appeal to the City Council. He's here to educate. This is a bad direction in which to go in Ashland. He is unalterably opposed to condominium conversions. A developer buys a multi-unit development perhaps a bit old and dowdy - a place that provides affordable housing for citizens. The developer upgrades or rehabs the property. The current tenants are displaced. The property is condominiumized. The prior renters cannot afford to buy. The average working person or family cannot afford to purchase either. The developer, rather than getting profit from long-term renting, makes the quick profit from sales. Those who can afford to buy are wealthy enough but don't want to or don't have to occupy the units. The units are purchased as investments to ultimately flip and in the meantime get write-offs. The rents set by these new absentee owners are now double or more except the old renters can't afford to come back. This is a socially destructible process. This happened to an adjacent property where his son lives. Of the ten units that were sold, seven are now absentee rentals. The technical reasons are for further appeal. This is an R-2 multi-family residential target use zone. Condominiumization is a conditional permitted use. The summative affect of granting endless CUP's on a case-by-case basis results in defeating the essential target zone uses. The proposed development violates 18.104.050 C in that it has a greater adverse material affect on livability. Weare not providing affordable housing; we are actively reducing affordable units by allowing condominium converSIOns. Lang said we did have an ordinance (2035) amending Section 18.08.102 dated July 24, 1979. It was adopted with the declaration of "emergency" and it says condominium conversion of rental units are subject to a demonstration of public need and lack of detrimental effect on the supply of rental units or the land for such units. Unfortunately, on April 2, 1991, we had ordinance 3624 repealing 2035, giving us the conditions we have today. Black/Stromberg m/s to extend the meeting to 11:30 p.rn. Everyone approved. Stromberg asked Lang to supply more detailed or factual information concerning the livability criteria that comes into play because of having absentee owners. Lang said, for example, when the homeowners try to have meetings regarding CC&R's and maintenance, it is difficult having non-resident owners. ART BULLOCK, 791 Glendower, said the applicant is proclaiming a 47 percent increase in affordable units and in fact those people might need to move out. That gives grounds for considering the livability issue. With regard to the policy issue, we have a continuing problem of ordinance development. We have a counter-productive dynamic that ends up producing the opposite of what the ordinance is trying to do. Because ordinance development drags out so long, when there is a situation like this application, it is an opportunity under criteria 7 for the Planning Department to talk to the developer about what the issues are which would improve the ability to get the ordinance developed and implemented. It would give us a way of moving toward the ordinance. It's a way to find out at least what the issues are. He believes the Commission has grounds to disapprove under livability. Staff Response ASHLAND PLANNING COMMISSION REGULAR MEETING SEPTEMBER 12, 2006 MINUTES 8 /1 . ( Molnar said Ashland's CUP criteria were amended in the early to mid-nineties. We used to have a standard that the use would have a minimal impact on the livability of the area. What they found is that on the applications that got appealed to LUBA that it was a very difficult standard to uphold because LUBA said we had to identify what factors we considered to define livability of an area and then address them in the findings. Based on that decision, we re-formatted the CUP criteria to really define livability. We should be looking at criteria 1-7. For this reasons, Molnar would disagree with Bullock and Lang on their characterization of livability. Rebuttal - Hearn believes that affordable housing is an important issue and requires community discussion, public hearings and the elected officials of the City to make a determination after a public hearings process. On June 20,2006, after this application was in the works, the Council passed Resolution 2006-13. The applicant has complied with 2006-13. If the Council wanted to put forth a different public policy as the legislative elected body they could and would have done so. What is being suggested by the appellant is that the Planning Commission, a quasi-judicial body, should make policy and go outside of a resolution adopted by the Council. He would suggest the Commission should apply the existing criteria. COMMISSIONERS' DISCUSSION AND MOTION Dotterrer/Marsh mls to approve PA2006.01294. Stromberg thought the only criteria that might fit to deny the application would be Criteria 7 concerning absentee owners. There are times when we don't apply specific criteria but we have recourse to the Comprehensive Plan and he thinks CUP's are one of those situations. Then, it's up to someone to actually find it in her Comp Plan and it has to be something that will stand up at LUBA. So far tonight, he hasn't heard that. Black said the Comprehensive Plan doesn't say it has to be a rentable apartment, but by the way the buildable lands inventory identifies single family, the obvious implication is that R-2 would be apartments. Dawkins and Stromberg wondered why this is a CUP because if you don't change the structure, they why would it require a CUP? Molnar said it is structured similar to a Special Permitted Use. Marsh said there are a lot of units moving from apartments to condominiums and when we have an ordinance pending on the horizon, it is unfortunate. She believes we should ask Staff to expedite the new ordinance as soon as possible. She believes they have no choice but to approve it as presented. Stromberg said they could ask for the Council to pass the ordinance with an emergency clause. Fields said he doesn't think the community debate has even happened yet about whether this is an effective way to get affordable housing. Roll Call: Marsh, Stromberg, Dotterrer, Fields and Morris voted "yes" and Dawkins, Dimitre, Mindlin and Black voted "no." PA2006.01294 was approved. ADJOURNMENT - The meeting was adjourned at 11 :30 p.m. Respectfully submitted by, Sue Yates, Executive Secretary ASHLAND PLANNING COMMISSIONcREGULAR MEETING SEPTEMBER 12, 2006 MINUTES 9 /1 AJ."iLAND PLANNING DEPARTJt:'NT STAFF REPORT September 12, 2006 PLANNING ACTION: 2006-01294 APPLICANT: Park Street Apartments, LLC / Urban Development Services, LLC LOCATION: 719 Park Street ZONE DESIGNATION: R-2 COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential APPLICATION DEEMED COMPLETE: July 19, 2006 12o-DAY TIME LIMIT: November 3,2006 (actual 120 is Sunday, November 5,2006) ORDINANCE REFERENCE: 18.24 18.104 Low Density Multiple-Family Residential Conditional Use Permit REQUEST: Conditional Use Permit to convert thirty (30) existing apartments to thirty (30) condominium units for the property located at 719 Park Street. I. Relevant Facts A. Background" History of Application In July 2006 the applicant filed for a Conditional Use Permit to convert the thirty (30) apartments to condominiums. In accordance with Chapter 1 08, this is a Type I planning action and was administratively approved by staff. The application was subsequently called-up to a Public Hearing. In January 1990 the Planning Department administratively approved a one year extension of the previously approved planning actions (P A 90-036). In November 1988 the Planning Commission approved a request for a modification of the previously approved Site Review to change the orientation of two of the proposed buildings (P A 88-165). In August 1988 the Planning Commission approved a request for Site Review to construct the thirty (30) unit apartment (P A 88-095). The application was subsequently appealed and was approved by the Ashland City Council in October 1988. Planning Action 2006-01294 Applicant: Park Street LLC/Urban Development Services LLC 1'1 Ashland Planning Department - Staff Report ada Page 1 of 6 B. Detailed Descri~ll~n of the Site and Proposal ( The subject parcel is trapezoidal with a lot area of approximately one and a half acres (66,647 square feet). It is located on a 25-foot wide flag drive on the middle section of Park Street, between Siskiyou Boulevard and Ashland Street. There is a sidewalk connecting the parking area for the units to Park Street adjacent to the driveway. The proposal is to convert 30 existing rental units into 30 condominium units. All 30 units are presently located on one tax lot (5200) in four separate buildings arranged around the perimeter of a large asphalt drive and parking area. Building A contains 16 units, Building B contains 6 units, Building C contains 4 units and Building D contains 6 units. All of the units have two bedrooms and two bathrooms, and all are approximately 950 square feet in size. Each unit has an associated covered carport. There are also a number of uncovered guest parking spaces available. In total there are 53 parking spaces, two of which are handicap accessible. The site is moderately sloped to the north approximately four percent. The site has mature landscaping and a number of trees throughout which has been maintained in good .condition. There is an in-ground pool; children's play structure and 20-foot wide greenways located behind the buildings. The adjacent properties to the north, east and west are zoned R-2 (Low Density Residential) and the properties to the south are R-3 (High Density Residential) and C-l ( Commercial). 1. Conditional Use Permit Under the parcel's R-2 Low Density Multi-Family Residential zoning, the conversion of existing apartments to condominiums is permitted as a Conditional Use Permit provided that proposal demonstrates that at least 25% of the units are affordable for moderate income persons in accord with the standards of the resolution (Resolution #2006-13) established by the Ashland City Council. Additionally, the current residents of the rental units proposed for conversion are required to have the first right of refusal to purchase the units. In this case the applicant is requesting Conditional Use Permit approval to convert the existing 30 unit apartment complex to 30 condominiums. As required in Ashland Municipal Code 18.24.030.J, 25% or eight (8) ofthe units are required be affordable for moderate income persons under the City of Ashland affordable housing program. The applicant has gone further to state in their findings that the existing tenants will be provided a 60-day window of time to address the first right of refusal and the tenants will not be evicted during that 60-day period. A condition has been added to ensure this stipulation that the applicant has made is upheld. The applicant has proposed to add bicycle parking U-racks under the stairways to bring the bicycle parking facilities into compliance with current requirements, and to re-stripe the parking lot to add a handicap parking space. No other modifications to the building or the site are proposed as part of this application. There is established, maintained landscaping with an irrigation system in place on site, and a landscape plan has been submitted delineating the existing landscape Planning Action 2006-01294 Applicant: Park Street LLC/Urban Development Services LLC C:<D Ashland Planning Department - Staff Report ada Page 2 of 6 II , materials ~Q irrigation system specifications. II. Proiect Impact The project requires a Conditional Use Permit approval since it involves the conversion of existing rental units to condominiums. A. Conditional Use Permit The use of this site as condominiums is in conformance with the zoning district as well as the Comprehensive plan policies because condominiums as well as rental apartments are both permitted uses in the R-2 Low Density Multiple-Family Residential District. Adequate City facilities existing on site to serve that proposed condominium conversion, and the proposed conversion will not increase the impacts on the existing public facilities. The Conditional Use Permit criteria require that the proposed use will not have a greater adverse material effect on the livability of the surrounding area when compared to the target use of the property according to seven factors. In Staffs opinion, the conversion of the units from rental units to condominium units will not change the impacts from the use of the site on the neighborhood. The applicant has not proposed any alterations to the building which would affect the existing scale, bulk or coverage. Additionally, no changes are proposed to the existing building which would affect the architecturally compatibility. Given the size and number of the units will remain the same, the generation of traffic will not change. The applicant has proposed to install bicycle parking facilities which are considered beneficial in regards to traffic generation. Similarly, air quality issues and generation of noise, light and glare should not be different because the unit ownership is changing. As proposed the conversion of the existing apartment complex to condominiums will have no impacts to the development of the adjacent properties as envisioned in the comprehensive plan. The current affordable housing requirements included in Resolution 2006-13 require that rental housing units shall be rented to individuals or households whose annual income is consistent with the target income identified in the planning approval. The conversion of rental units to condominium units requires that the affordable units be for moderate income persons. Moderate income is defined as 80% of the median income levels based on the Medford-Ashland Metropolitan Statistical Area (MSA). Therefore, the affordable units would have to be rented or owned to moderate income households as outlined in Resolution 2006-13. The period of affordability is required to be 30 years. At the June 19,2006 Housing Commission meeting the commission reviewed this application and its compliance with the affordable housing requirements. The Housing Commission made two comments with regards to the condominium conversion. First, the commission expressed concern regarding the grouping of the affordable units into one building and recommended that the applicants disperse the affordable units throughout the project area. Additionally, the Commission suggested that the rental units be set to the 60% of median income to be in the spirit of affordability (see attached Housing Commission minutes). Planning Action 2006-01294 Applicant: Park Street LLC/Urban Development Services LLC ~I Ashland Planning Department - Staff Report ada Page 3 of 6 In regards to the Housing Commission recommendations, similar conditions of approval would have to relate to the applicable approval criteria for a Conditional Use Permit. The Planning Commission must decide if the placement of the affordable units and lower income classification could be related to the impact of the conversion of rental units to condominiums on the surrounding area. In Staffs opinion, it is difficult to make a finding that the placement of the affordable units in the project, whether grouped or clustered, would affect the surrounding neighborhood. Accordingly, it is difficult to make a finding that if the affordable units are occupied by households at 60% of median income, that this would in affect the surrounding neighborhood. In addition, it is not valid to require different affordability requirements of a current planning action, such as those currently being discussed as potential ordinance changes for condominium conversions. A planning application is subject to the ordinances that are in effect when an application is made. For the subject application, the affordability requirement in place at the time of application for a condominium conversion is that 25% of the units are occupied by moderate income persons (80% of median income) according to the Affordable Housing Program requirements of Resolution 2006-13. III. Procedural. Reauired Burden of Proof The criteria for Conditional Use Permit approval are described in 18.104.050 as follows: A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. 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. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. IV. Conclusions and Recommendations In Staffs opinion, the proposal is consistent with the approval criteria for a Conditional Use Permit to convert existing apartments to condominiums. Should the Commission Planning Action 2006-01294 Applicant: Park Street LLC/Urban Development Services LLC ~~ Ashland Planning Department - Staff Report ada Page 4 of 6 /- { { , ( ; choose to approve tne proposal, Staff would recommend that the following conditions be attached: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That a final condominium survey shall be submitted to the City within 12 months of this approval. 3) That all easements for public utilities and pedestrian access shall be indicated on the final survey as required by the Ashland Engineering Division. 4) Prior to the signature of the final survey plat: a final utility plan, showing existing and proposed connections to City of Ashland systems, shall be submitted for the review and approval of the Engineering, Planning and Building Divisions; each individual lot shall be served separately by water, sewer, and electric services; utility easements shall be provided through the other properties as necessary; and copies of all required maintenance agreements shall be provided for staff review. 5) That the By Laws be reviewed and approved by the Staff Advisor and Legal Department prior to signature of the final condominium survey. Such By Laws shall address which units are to be the required affordable housing units, shall note that the current tenants shall have first right of refusal to purchase the condominiums, shall identify parking locations by unit and shall address the maintenance requirements for the common open space areas. 6) That the By Laws indicate that the designated affordable housing units shall remain in the City of Ashland's Affordable Housing program for a minimum of30 years. 7) That the applicant sign an agreement prepared by the City of Ashland stipulating that eight of the units, as identified in the bylaws, comply with the City of Ashland Affordable Housing Program established by Resolution 2006-13 for purchase and rental housing for a period of not less than 30 years. The agreement shall be recorded in the deed records. 8) That the existing tenants shall be given 60-days to address the first right of refusal and shall not be evicted prior to the 60-day time period expiring. Documentation of the first right of refusal shall be submitted with either the building permit submittals or prior to signature of the final condominium survey. 9) That prior to the recordation of the agreement, the applicant shall meet with the City's Affordable Housing Officer in order to review and verify all City requirements, as noted in Ordinance #2624 and Resolution #2006-13. 10) That the bicycle parking facilities in accordance with 18.92.040J under the stairwells as proposed by the applicant shall be installed prior to final condominium survey. Planning Action 2006-01294 Applicant: Park Street LLC/Urban Development Services LLC ~3 Ashland Planning Department - Staff Report ada Page 5 of 6 11) That all requiremims of the Ashland Fire Department Sh~l be met, including but not limited to recording and maintaining a Fire Apparatus Access Easement, prior to signature of the final condominium survey. 12) That all requirements of the Ashland Building Department shall be met prior to signature of the final condominium survey. 13) That any structural changes to the exterior of the buildings, additions or new structures, or changes to the site layout and landscaping shall require a modification of the Site Review approval. Planning Action 2006-01294 Applicant: Park Street LLC/Urban Development Services LLC .:<'1- Ashland Planning Department - Staff Report ada Page 6 of 6 C I T Y OF ASHLAND ASHLAND HOUII'G COUII188IOH MINUTES JUNE 1t, 2008 CALL TO ORDER - Chair Faye Weisler called the meeting to order at 6:35 p.m. at the Community Development and Engineering Services Building, 51 Winburn Way, Ashland, OR. Commlsslontra Present SOU liaison Faye Weisler. Chair Sunny Lindlev. absent Bill Street Jennifer Henderson Council Liaison Liz Peck Cate Hartzell, arrived at 6:50 p.m. Aaron Beniamin Alice Hardesty Don Mackin Staff Present Commissioners Absent Brandon Goldman HousinlZ SDeCialist Carol Voisin Sue Yates, Executive S"",..o.cuy APPROVAL OF MINUTES - Henderson/Street m/s to approve the minutes of the May 15,2006 meeting. Voice Vote: Approved. PUBLIC FORUM RON DEMELE, Rogue Valley Community Development Corporation (RVCDC), commented on the issue of Systems Developments Charges (SDC's), an item on the Council's June 20th agenda (Resolution amending Resolution 2005-46). Demele bad a concern with 3.l.c. - "not to exceed 30 percent of an individual's monthly income." Rural Development (RD) allows 33 percent and he would like the City to be consistent with the federal program. Demele questioned 3 .I.d., using Oregon Bond Loan. RD can make a more favorable loan to a buyer in our area other than Oregon Bond. Goldman said the Oregon Bond rate index is a loan that anyone could apply for from the 80 to 120 percent income levels. RD is targeted to those 80 percent and below. Demele questioned 1.4. Goldman said a change in the resolution was to not allow a voluntary buyout of the SDC program. An owner would have to sell their unit to a household that qualified at the original low income level. Hartzell arrived at 6:50 p.m. The Commission discussed whether or not to move this item to the Councilor pull it from the agenda and discuss it at length at a future meeting. Mackln/Hardesty mis, In response to Demele's comments, that the Commission recommend Demele go to the Council If he wants to delay this agenda Item and let the Council decide. The partners will have the opportunity to speak at the Council meeting. Voice Vote: Approved. OTHER BUSINESS FROM HOUSING COMMISSION MEMBERS Housing Project Task Force - Hartzell would like to discuss setting up either an ad hoc or on-going housing project task force to . meet regularly or when there are projects that run into glitches to help keep projects moving forward. The Commission agreed to put this item on next month's agenda. Ballot Measure regarding RETF - Street would like to, as a Commission, once again endorse the concept of the voters approving any kind of transfer tax. Though all the Commissioners are in support of the concept, they decided not to vote on it again. NEW BUSINESS PREAPPLlCATION REVIEWS RVCDC Park Street Prolect - Ron Demele said they are proposing two three-bedroom units (1100 square feet) and four two- bedroom units (980 square feet) that will sell between $124,000 and $148,000 on Siskiyou and Park. The buyers are ownerlbuilders and most are single parents. This is another Self-Help program. Everything is very similar to the project on Siskiyou and Faith currently under construction. The City has an issue with the owners as builders. Demele felt short-changed by the City's pre-application process. Weisler asked Demele to submit his suggestions in writing so the Commission can use his comments to see how the Housing Commission should better review pre-applications. PIrIe.... Condo Convnlon Mark Knox, Urban Development Services, LLC Is representing Bob and Lynn Mayers and Steve Lawrence regarding their apartment conversion at 719 Park Street to "for purchase" condominiums. He stated that the project consists of 30 two-bedroom, two bath units within four buildings (all first and second floor units). The conversion is requested under 18.28.030.1 where it states 25 ~J,4t percent of the units must be affordable. The eight affordable units are proposed to be located in Building A on the north side of the building. There will be no changes to the buildings. The applicants are doing the conversion to make financing easier. Interest rates are lower and loans are more attainable when financing individual units rather than one large project. They are targeting 80 percent median income. Knox understood that it is more difficult for buyers to obtain financing if the affordable housing is scattered throughout the project. Mary Hart, ACCESS, said ACCESS prefers "for sale" units that are scattered throughout a project, but "for rent" units are best in one building. However, trying to get funding to buy eight existing units is not that easy. The Commissioners noted that the current rents ($700/month) on the apartment units are lower than the City's rental rates at 80 percent ($805/month). They also noted the city stands to lose between 22 and 30 affordable housing units. Hardesty/Street m/s that the Housing Commission makes the following recommendations: 1. Either these units be for sale at the 80 percent level or they be for rent at 60 percent or below, regardless of what the rules are currently, in the spirit of affordabillty. 2. That the applicants try to disperse the affordable units throughout the condominium plan. Peck amended the motion to add that If they are left at 80 percent and left as rental units, the Housing Commission does not back this as an affordable project even though the applicants are following the existing rules. Hardesty accepted the amendment. Street seconded. Voice Vote: Unanimous. Goldman announced there will be a Joint Study Session with the Planning Commission and Housing Commission, June 27, 2006 a 7:00 p.m. at the Council Chambers to discuss condominium conversions. LITHIA LOT PROPOSAL Mary Hart, Access, Inc. And Bob Kendrick, Kendrick Enterprises Goldman explained the City has been meeting with Kendrick for many months since the time Kendrick Enterprises was selected to do the Lithia Lot project, coming to a greater understanding of how the project is financed. Instead often units, they are proposing 13 units, with each unit less than 500 square feet with three units to be market rate for sale. The proceeds from the sale of the three units will be used to help close the funding gap that has been identified for the affordable housing component. Kendrick said this project is market and subsidized driven. He offered several spreadsheets showing the different components of the project and the cost breakdown. The cost for the affordable units comes out close to $2 million. Kendrick's contribution is close to $600,000. He believes this is a great opportunity to show how we can deliver a market looking quality product to an affordable market. It has always been his intent to not take the affordable units as an owner but to turn it over to a non-profit. The units will be affordable forever. He believes his contribution exceeds the value of the land. Goldman said the City had an opinion evaluation done and the land was valued at $212,000. If it was market rate with no restrictions on it, the value would be considerably higher. The Commissioners who were not involved in the on-going discussions feel this is a significantly different proposal than what was approved in the beginning. Kendrick explained the smaller the unit, the more subsidy you get. Peck noted that when Ashland Community Land Trust (ACLT) put this proposal together, they offered a package with different funding sources. Hart (ACCESS) said when they became involved they looked at funding resources from the State and what would fit the state's criteria. The per square foot cost the State was willing to fund was lower than what they had in the budget. Switching to ten studio units reduces the cost per square foot per unit adding in the other components, making it more acceptable to the state. They can carry a larger debt because they have more income. She cautioned, the longer this goes on, the higher the interest rate goes, and the less amount of debt they can carry. It's a moving target. Goldman said it's the City Attorney's legal opinion that the project is in substantial conformance with what went before the Council previously because it is still providing underground parking, a commercial space, and ten units. The City Attorney did not feel adding the three market rate units created a substantial shift from the original proposal. The unit size reduction is a significant change. Hart said if they are awarded funding from Oregon Affordable Housing Tax Credit, the rents could potentially be from $310 to $420/month for renters income ranges from 38 percent to 50 percent of median. Without the tax credit, the rents would be $422/month. Benjamin believes this project concept is far superior to the first one. He always questioned whether it was appropriate for families with kids to live downtown. This can meet the definition of affordable workforce housing. Tenants ~l probably work downtown and may not own cars. He is against the three condominiums for tourist accommodations. ASHLAND HOUSING COMMISSION MINUTES JUNE 19, 2006 2 ~ '-i 13 ... tIoWII .......... ...... -WIlL ........ =wnr.t- .... WIllI -..- ( ( ~ ATTOa.NayS A.... LAW f4bU n~I" ....... ....... _.. .II. In......... ......----...... ...4........ ,.. fl ~ ~ I ....v...... ....... . ---..- ........- . _ ....... ........... H. MfIlJ fU....t_ A' r III 4t g..",*,. RECEIVED ItllAIT IMIN I1'MIT AIHlMD, OMOC:*.,.. (141)_-3111 P:A)((141).14. www..............ClIl.n September 7, 2006 SEP - 7 2006 City of Ashland Community Development V,. .mall TN""".." (vatess@.ashland.or.us: molnarb@.ashland.or.us: franellm@.ashland.or.usJ Ashland Planning Commiulon City of Ashland 20 east..." SINet Ashland, OR 97520 RE: CUP Apptication Plamlng ActIon: 2006-01294 Project Location: 719 Park Street Applicant: Park Street Apartments, LLC Dear Ashland Planning Commission: Our firm represents applicant Park Street ~ents, LLC ("AppHcanr) in connection with the appeal of your staft's approval of the appHcation. See: attached Exhibit "A". The appeal is apparently an effort to convince the Commission to apply land use criteria which has yet to be enacted, instead of the relevant criteria which currently exist. In connection with your quasi-judicial review of this application, please consider the following points. DutY to Limit Quasi-Judicial Decision, to ADDllcatlon of Relevant und U.. Criteria. · Every city in Oregon operates under a statutory duty to make land use decisions in compliance with the criteria reflected in Its duly adopted land use regulations as they exist on the date an appHcatlon is filed. ORS 197. 175(2)(d); ORS 227. 178(3)(a);Sun Ray Drive-In Dairy, Inc. V.OLCC, 16 Or. App. 63, 71 (1973). f I "[I]n a democratic society, ... published standards are essential to infonn the public. Further, they help assure public confidence that the agency acts by rules and not from whim or corrupt motivation. ... An applicant... should be able to know the standards by which his ~~ In . ( . ( RECEIVED SEP - 7 2006 Pap-2- Ashland Pla1miaa CommiSlion Septemb<< 7, 2006 · 0r8g0n land use law therefore requires that cities first enact land use regulations, and then objectively apply those land use regulations, on a case by case basis, to individual applications submitted for quasi-judicial review. Additional standards and requirements not officially adopted and in effect on the date the application is filed simply cannot and should not be considered by the quasi-judicial body in reviewing the application. ORS 197.195 (4); ORS 227. 178(3)(a}.2 City of Ashland Community Development APplicable Criteria under Ordinance Provisions In Effect on the Date the APplication Was Flied. · In 1982, Council adopted ALUO Chapter 18.104, Conditional Use Permits. (which was later amended in 1991 and 1996). · 1991, the Ashland City Council adopted ALUO ~18.24.030.J, allowing condominium conversion of existing rental units, in 1991. Ordinance 2624 S2, 1991. · In 1993, Council passed Resolution No. 1993-39, establishing affordable housing income levels and rental and purchased cost levels. · In 2005, Council passed and adopted Resolution No. 200&46, which amended Resotution No. 1993-39 to include homeowner association or maintenance fees in any affordability calculations. application will be judged before going to the expense in time, investment, and legal fees necessary to make application. Thereafter, he is entitled to even treatment by the rule oflaw and reasonable confidence that he has received such treatment. This cannot be achieved without published rules." Sun Ray Drive-In Dairy, Inc. v. OLCC, 16 Or. App.63, 71 (1973). 2 ORS 197.195 (4) states: "(4) Approval or denial ofa limited land use decision shall be based upon, and accompanied by, a brief statement that explains the criteria and standards considered relevant to the decision, states the facts relied upon in rendering the decision, and explains the justification for the decision based on the criteria, standards, and facts set forth." ORS 227.178 (3) (a) states, in relevant part: "... approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted." DAVIS, HEARN, SALADOFF & SMITH A PoorMaIot... Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 _~ ;I (541)482-3111 FAX (541)488-<<55 ~_ ( RECEIVED SEP - 7 2006 Page - 3 - Ashland Planning Commission September 7, 2006 · On June 20, 2006, Council passed and adopted Resolution No. 2006-13, which amended Resolution No. 2005-46. City of Ashland Community Development · In July of 2006, Applicant's condominium conversion application was filed with the Planning Department. This followed pre-application conferences with Staff months before, and review of the proposal by the Housing Commission on June 19,2006. · The published criteria by which this application must be judged are set forth in ALUO ~ 18.24 (R-2 Zoning); and ALUO ~ 18.104 (Conditional Use Permits). See: Staff Report. ALUO 118.24 - R-2 Low Density Multl..famllv Residential District · 18.24 identifies the uses permitted in the relevant R-2 residential zone. · 18.24.030 - Conditional Uses "The following uses and their accessory uses are permitted when authorized in accordance with the chapter on conditional use permits: * * * "J. Condominium conversion of existing rental units subject to a Type I procedure and demonstration that at least 25% of the residential units are affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council through procedures contained in said resolution. Current residents of rental units proposed for conversion to condominiums shall have first right of refusal to purchase the unit. (Ord. 2624 52, 1991)." · Applicant's application meets the above criteria concerning the standards established by Council resolutions in effect on the date the application was filed. ORS 197.195 (4); ORS 227. 178(3)(a). ALUO 118.104 - Conditional Use Permits. · 18.104.010 Conditional Use Permits Generally "Certain uses are permitted in each zoning district only as conditional DAVIS, HEARN, SALADOFF &; SMITH A PnlfeNIonel Corpcntion 515 EAST MAIN STREET ASHLAND, OREGON 91520 ~ ,., (541)482-3111 FAX(541)~55 I , , ( RECEIVED SEP - 7 2006 Paae - 4 - Ashland Plann"'1 Commission September 7, 2006 u.... this chapter provides substantive approval criteria by whiett applications for conditional use permits are to be evaluated, and describes applicable procedures. No conditionally permitted use may be established, enlarged or altered unless the city first issues a conditional use permit in accordance with the proVisions of this chapter." City of Ashland Community Development · 18.104.020 Conditional Use Permit Definitions "The following are definitions for use In this chapter. A. "Impact Area" - That area which is immediately surrounding a use, and which may be impacted by It. All land which is within the applicable notice area for a use is included in the impact area. In addition, any lot beyond the notice area, if the hearing authority finds that it may be materially affected by the proposed use, is also included in the impact area. B. "Target Use" - The basic permitted use in the zone, as defined below. * * * 3. R-2 and R-3 Zones: Residential use complying with all ordinance requirements, developed at the density permitted by the zone. " · The above criteria dictate that the "impact area" for consideration by the quasi-judicial body be limited in geographical scope to the immediately surrounding neighborhood within the notice area. · 18.104.050 Approval Criteria "A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the Imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm DAVIS, HEARN, SALAOOFF & SMITH A PnnuIon8I Corpcnlion 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541)482-3111 FAX(541)~55 ~ e- r \ ( RECEIVED SEP - 7 2006 Page-S- Ashland Planning Commission September 7. 2006 City of Ashland Community Development drainage, and adequate transportation can and wiN be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating.the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use." · 18.104.050 dictates that a conditional use permit "shall" be granted if the project conforms to the listed legal criteria. · As set forth in attached Exhibit "A", the stated grounds for the appeal is based exclusively on Appellant's contention that the application fails to meet the criteria established In LUO 18.104.050 C. · The "livability" analysis Is limited to comparison of the project to the "target use of the zone." 18.104.050 C. The target use of the R-2 zone Is multi- family residential. Converting the existing apartments to condominiums will not alter the physical impact of the existing structures on the neighborhood in any way. Condominium conversion will not alter the bulk, scale, coverage, architecture, air quality, noise, light, glare, or the development of adjacent properties. Only the legal ownership DAVIS, HEARN, SALADOFF &. SMITH A ProIHIioneI Cotpcntion 515 EAST MAIN STREET ASHLAND. OREGON 117520 (541)482-3111 FAX (541)48&-<4455 ~9 ( . ( RECEIVED SEP - 7 2006 Page-6- Ashland Planning Commission September 7, 2006 City of Ashland Community Development arrangement wtll change. The conversion process Is allowed by state law and existing City laws. New condo conversion rules cannot be imposed absent the Council completing the required public process: holding the required public hearings, completing Council discussion and passage of a condo conversion ordinance by majority vote, processing the ordinance through first and second reading, formally adopting the final version of an ordinance, and signature by the Mayor. Application of potential regulations which do not yet exist - an may never exist - in legally inappropriate. · Appellant argues that the Commission should use the "catchall" phrase reflected in 18.104.050 (C) (7) as a conduit to apply criteria to this application which does not even exist today, and which obviously was not in effect on the day the application was filed. Such action would violate state law ORS 197.195 (4); ORS 227. 178(3)(a). It would also creates a dangerous new precedent. Virtually any land use application could be denied on the basis that It fails to meet some "secret criteria." Further, Oregon's land use system requires that land use regulations must be reviewed by the Department of Land Conservation and Development for compliance with State goals and administrative rules. Democratic principles further require that new laws be codified by the legislative body only after proper notice and public hearings. · 18.104.060 Conditions of Approval "The conditions which the approval authority may impose include, but are not limited to the following: A. Regulation and limitation of uses. B. Special yards, spaces. C. Fences and walls. D. Dedications, including the present or future construction of streets and sidewalks and bonds for such construction or Irrevocable consent improvement petitions for such improvements. E. Regulation of points of vehicular and pedestrian ingress and egress. F. Regulation of signs. G. Regulation of building materials, textures, colors and architectural features. H. Landscaping, including screening and buffering where necessary to increase compatibility with adjoining uses. I. Regulation of noise, vibration, dust, odors or similar nuisances. J. Regulation of hours of operation and the conduct of certain activities. K. The period of time within which the proposed use shall be developed. L. Duration of use. DAVIS, HEARN, SALADOFF & SMITH A ProMalon.II Corpcntlon 515 EAST MAIN STREET ASHlAND, OREGON 97520 (541)482-3111 FAX (541) 4ll8-<4455 go ( . RECEIVED SEP - 7 2006 Page - 7 - Ashland PIlDlling Commission September 7, 2006 City of Ashland Community Development M. Pntservation of natural vegetative growth and open space. N. Any condition pennitted by Section 18.72, Site Design. O. Such other conditions as will make possible the development of the city in a orderly and efficient manner and in accordance with the provisions of this Title. " · All of the suggested conditions 18.104.060 relate to the physical effect of the project on the surrounding neighborhood. Since this project is already in existence, it will have no additional physical impact on the neighborhood. · Subsection "0" above, the "catchall provision" is nevertheless limited to those conditions which will make orderly and efficient development of the City possible. It is also limited to conditions which are in accordance with the Land Use Ordinance, and does not extend to arbitrary "public policy" issues outside the Municipal Code. Appellant's Standing · As a basic proposition, in order to have standing to appeal a land use decision in Oregon, the Appellant must demonstrate that the decision will have a practical effect on his interests.s While appellant has a right to call this matter up, the "practical effect" standard is of concern under the circumstances. 3 Utsey v. Coos County, 176 Or.App. 524,546-47,32 P3d 933 (2001), rev dismissed, 335 Or 217 (2003) (any party seeking review under ORS 197.850 ofa decision by LUBA must satisfy the constitutional requirement that the decision will "have a practical effect" on that party.) DAVIS, HEARN, SALADOFF & SMITH A Profeuionel Corporation 515 EAST MAIN STREET ASHLAND. OREGON 97520 (541) 482-3111 FAX (541)488-4455 .j I ....8.. ~"'Iaad ,...... ~... _..tll..7,*, .A.' #.,..~.. I , ~. ..1 (, RECEIVED SEP - 7 2006 City of Ashland Community Development · AppHcant respectfulty requests that the application be approved. Enclosure: as stated cc: Clients Appellant Respectfully Submitted, OAV1S, HEARN, SAlAOOFF & SMITH A Professional Corporation Chris CHRISTIAN E. HEARN cheam<a>.davisheam .com DAVIS, HEAAN, SAUDOf'F A SMITH A Pllfllll ... ~ ...IAIT ....11MIf AIIUND, ClMlION true (14'1_.,,11 'AlC(I411411-4455 3~ II I -- ~.. w""1 Planning Department, 51 Winl . Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.oLus TIY: 1-800-735-2900 CITY OF ASHLAND PLANNING ACTION: #2006-1294 SUBJECT PROPERTY: 719 Park Street OWNER/APPLICANT: Park Street Apartments LLC/Urban Development Services LLC DESCRIPTION: Request for a Conditional Use Permit to convert thirty (30) existing apartments to thirty (30) condominium units for the property located at 719 Park St. COMPREHENSIVE PLAN DESIGNA TION: Multi-Family Residential; ZONING: R-2-P; ASSESSOR'S MAP # 39 1E 15 AA; TAX LOT: 5200. APPLICANT: Park Street Apartments LLC/Urban Development Services LLC ASHLAND PLANNING COMMISSION MEETING: September 12,2006, 7:00 PM, Ashland Civic Center t__L_j L~~J n LJ'-- I ! L ~____-.J ~*2006-0129.c~i ! 719 PARKST ! i w~u~,w . nL l l t.'! i ~ L, ! p-' I '--. ! -~----=-' ~ L] I~ L ~ -1 -~ --j I i I r ~-l I ~~ ,J~ ~ I ~ [] -, I 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 PLANNING COMMISSION 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 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. A copy of the application, 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 Winburn 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 Iirnit the length of testimony and require that comments be restricted to the applicable criteria. Unless th'~re is a continuance, if a participant so requests before the condusion of the hearing, the record shall remain open for at least seven days after the hearing. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meetiing, 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 lhe City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title I). If you have questions or comments concerning this request, please feel free to contact Susan Yates at the Ashland Planning Department, 541-488-5305. -- -;; ::5 .:,:> G\conun-de\'\planning'\Notices Mailed'1006'1006-0 1294 9-12-06 do( ( 18.104.050 Approval Criteria A conditional use permit shall be granted If the approval authority finds that the proposed use conforms, or can be made to conform through the Imposition of conditions, with the following approval criteria. A. That the use would be In conformance with all standards within the zoning district In which the use Is proposed to be located, and In conformance wIth relevant Comprehensive plan poUdes that are not Implemented by any City, State, or Federat law or program. B. That adequate capacity of City fadlltles 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. C. That the conditional use will have no greater adverse material effect on the livability of the Impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the Impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatiblUty with the impact area. 4. Air quality, Including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. a4- G;lcomm-devlplanninglNolices Mailedl2006I2006~ 1294 9-12-06.ooc PA#2006-01294 391E15AD 1800 ALLEN BARBARA A 37SLITHIA WAY ASHLAND, OR 97520 PA#2006-01294 391ElSAA 90004 DEAVER JAMES R/NANCY LEE PO BOX 384 ASHLAND, OR 97520 PA#2oo6-01294 39lE15AD 2000 BRODEUR/BRODEUR lNC 1801 SISKIYOU BLVD ASHLAND, OR 97520 PA#2oo6-01294 39lE15AA 70008 CUNHA TIMlREGENT -CUNHA M'LISS 512 BLUE RIDGE CT V ACA VILLE, CA 95688 PA#2oo6-01294 39lE15AA 4901 ENGLE GREGORY J/JAMIE B 756 PARK ST ASHLAND, OR 97520 PA#2OO6-01294 391E15AA 5102 GRIMSHAW JOHN V/GRIMSHA W PO BOX 1014 ASHLAND, OR 97520 PA#2OO6-01294 391E15AA 90008 HEINE BRYAN 2705 CLAY CREEK WAY ASHLAND, OR 97520 PA#2006-01294 391El5AA 4700 HUFFMAN ELGYN R 722PARKST ASHLAND, OR 97520 PA#2006-01294 391E15AD 1803 KENNEDY KATHERINE M TRUSTEE 320 E MAIN ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 6806 LANG ERIC G 686 NORMAL AVE ASHLAND, OR 97520 ",- , PA#2006-01294 39lE15AB 3002 BARGER KEVIN 731 NORMAL AVE ASHLAND, OR 97520 PA#2006-01294 391E15AA4403 BETLEJEWSKI FRANK P o BOX 604 ASHLAND, OR 97520 PA#2OO6-01294 39lE15AA 5000 CAMPBELL ERIC J 768 PARK ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 70004 DALLAS SHARON AlEASTER JEFFREY 3109 CAPITAL AVE MEDFORD, OR 97504 PA#2006-01294 391E15AA 5600 FARMER JOHN/GEORGENE 717 PARK ST ASHLAND, OR 97520 P A#2oo6-01294 39IE15AA 4600 HAKES DAVE E/RO-DEAN R 718 PARK ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 5500 HOSKINS H ANTHONY 6155 PLUMAS ST 108 RENO, NY 89509 PA#2OO6-01294 39lE15AA 7100 JONATHAN LANDES CONSTRUCTION 796 LmERTY ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 70001 KLIMEK RICHARD W 121 WALNUTPL PHOENIX, OR 97535 PA#2OO6-01294 39lE15AA 90005 LEVICH NAOMI 663 PARK ST 5 ASHLAND, OR 97520 35 (" PA#2006-01294 391E15AA 6805 BEATTY TIM R/ClNDY D 75107 OREGON LN IRRIGON, OR 97844 PA#2006-01294 391ElSAA42oo BLACK SYLVIA ANN TRSTEE FBO 660 PARK ASHLAND, OR 97520 PA#2OO6-01294 391E15AA 70003 COMPTON DAVID MARK 730 NORMAL AVE ASHLAND, OR 97520 PA#2006-01294 391E15AA 5201 DICOSKEY BRUCE TRUSTEE ET AL 745 PARK ST ASHLAND, OR 97520 PA#2006-01294 39lE15AA4802 GIES BRIAN 730PARKST ASHLAND, OR 97520 PA#2006-01294 39lE15AA 4500 HAKES REENA I/DARIN T 700 PARK ST ASHLAND, OR 97520 PA#2OO6-01294 391E15AA 6809 HUFF HELEN F TRUSTEE 7636 BODEGA AVE SEBASTOPOL, CA 95472 PA#2006-01294 391E15AA 80001 KENNEDY KATHERINE M TRUSTEE 320 E MAIN ST ASHLAND, OR 97520 PA#2oo6-01294 391E15AA4900 KNOROSKI JOHN J TRUSTEE 864 MORTON ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 90007 LITHMAN ESTHER ET AL 669 PARK ST ASHLAND, OR 97520 ~\ U cJ (;t f ~\4 ~N'- \\")\;)/ O. PN#399' CH~91 391IlU.\B J~91 w.~K:: gpPQRTUlllTIlii 9JC P08~ lQ~J ),n::onnQRl), QA 97191 RETURNED 7-28-06 PA#2006-01294 391ElSAA 70006 LOVETI RICHARD PAUL TRUSTEE ET PO BOX 427 ASHLAND, OR 97520 PA#2006-01294 39IE15AA 70007 MCLEAN KEVIN 738 NORMAL ST ASHLAND, OR 97520 PA#2006-01294 39IE15AA 4402 MEYER KlRT 678 PARK. ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 5200 PARK. STREET APARTMENTS LLC 185 MISTLETOE ASHLAND, OR 97520 PA#2006-01294 391E15AA 4800 PAUL SARAH TRUST 750 PARK. ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 7000 ROTH JAMES A TRUSTEE 3231 TOLMAN CREEK RD ASHLAND, OR 97520 PA#2006-01294 391E15AA 4801 SCHILLING FREDERICK 740 PARK. ST ASHLAND, OR 97520 PA#2006-01294 391E15AA 6801 SORIA MIGUEUMARIA C 205 ASTOR WAY SALINAS, CA 93906 PA#2006-01294 391E15AA 6701 WARNER MICHAEL J/DIANA G 678 NORMAL AVE ASHLAND, OR 97520 i ; \ PA#2006-01294 391ElSAA 70002 LOVEIT RICHARD PAUL TRUSTEE ET PO BOX 427 ASHLAND, OR 97520 PAN2~1294 391ElSAA4S01 MAC CORMACK MARSHA F 250 NEIL CREEK RD ASHLAND, OR 97520 PA#2006-01294 39IE15AA 6810 MCLEOD CATHERINE 694 NORMAL AVE ASHLAND, OR 97520 PA#2006-01294 391E15AA 6700 NORMAL SEVEN LLC POBOX 548 ASHLAND, OR 97520 PA#2006-01294 39IE15AA 6807 PATTERSON CLARENCE 0 - TRUSTEE 6830 HWY 66 ASHLAND, OR 97520 PA#2006-01294 391E15AA 90003 RAY ANNEB 370 SKYLARK LN W A YNESVILLE, NC 28786 PA#2006-01294 391E15AD 1804 ROTH JAMES A TRUSTEE 3231 TOLMAN CREEK RD ASHLAND, OR 97520 PA#2006-01294 391E15AD 1802 SCHWIMMER GERTRUDE S TRUSTEE 759 PARK ST ASHLAND, OR 97520 PA#2oo6-01294 39IE15AA 6804 STOW ASSER RY AN/SATLER 682 NORMAL AVE ASHLAND, OR 97520 PA#2006-01294 391E15AA 90006 WELTMAN MIKE TRUSTEE ET AL 661 PARK ST ASHLAND, OR 97520 3~ r , I PA#2006-01294 391E15AA 70005 LOVETT RICHARD PAUL TRUSTEE ET PO BOX 427 ASHLAND, OR 97520 PA#2006-01294 391ElSAB 3100 MCCLURE STUART ET AL 1765 SISKIYOU BLVD ASHLAND, OR 97520 PA#2006-01294 391E15AA 90001 MELTON PAMELA ANN PO BOX 3017 ASHLAND, OR 97520 PA#2006-01294 391E15AA 5701 OWENS LEROY D/MARY 10 667 PARK ST ASHLAND, OR 97520 PA#2006-01294 39lE15AA 6808 PATTERSON DEBRA L 690 NORMAL AVE ASHLAND, OR 97520 PA#2006-01294 391E15AA 4300 REINHOLDT ROBERT B TRUSTEE ET 270 SKYCREST DR ASHLAND, OR 97520 PA#2006-01294 391E15AA 6811 SATLER SERGIO TRUSTEE FBO PO BOX 3157 ASHLAND, OR 97520 PA#2006-01294 391E15AA 5100 SIERKA R DOUGLAS/ANN D 307 HILLCREST ASHLAND, OR 97520 PA#2006-01294 39lE15AA 90002 TUCKER DIANNE C 657 PARK ST ASHLAND, OR 97520 PA#2006-01294 39lE15AA 5300 WOODING GEORGE/ICHlUfl NANCY 11 DELLABRooK AVE SAN FRANCISCO, CA 94131 4J~ { t V" \ ,r;l- ~ \ ~ tl-. ill""" It'l r:. <'J \ 0-<<. ~V" '1:>\;" PA#2006-01294 39IE15AA S400 WOODING MARY RUTH 727 PARK ST ASHLAND, OR 97520 (', P~99' 91194 J91Ii:U.\..~ 1999g \\ 'URFI.. JlitJlEE F ,~~ NQIU'\L A~ MIIL\tl9t iiNl97U9 R.B11JR.NBD P A#2006-01294 HOFFBUHR &, ASSOCIATES 880 GOLFVIEW DRIVE MEDFORD, OR 97504 37 /" ( PA#2006-0 1 294 URBAN DEVELOPMENT SERVICES 320 EAST MAIN ST SUITE 202 ASHLAND, OR 97520 ~ qll.6 '. ~~L.~/ f.. . .n J./ 'l.{ ff.jV;;<I., ,'- G '~:> \' '" \ ). II -.- ( ( 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 August 23, 2006, 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 #2006-01294, 719 Park St. /2/t'd~~~. Signature of ~ ployee SIGNED AND SWORN TO before me this 23rd day of August, 2006. ;"~"'."..~",,,.i:!l;tl!>'~"" ''\'i'MIF:' _ \)!'~!CIAL SEAL B. BOSWELL NOTARY PUBLlc-oREGON COMMISSION NO. 391525 MY COMMISSION EXPIRES APR. 07, 2009 ~~ Nota'ry Public for State of qf-8!19n a My Commission Expires: q-l-O I Comm-Dev\Plan ni n9\ Templates 31 ATTN: LEGAL PUBLlCATI( ,S (ANDREA) PUBLIC HEARING NOTICE C' 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 Planning Commission, September 12, 2006 at 7:00 p.m. Civic Center, 1175 East Main Street, Ashland, OR. At such Public Hearing any person is entitled to be heard. S~e Review approval to construct a mixed-use development comprised of 7,841 square feet of general office space and six residential condominiums for the property located at 160 Helman St. Outline Plan approval under the Performance Standards Options Chapter 18.88 to subdivide the property into 14 lots including 13 lots for single-family homes and one lot for open space purposes for the property located at 203 N. Mountain Ave. A Lot Line Adjustment is included in the proposal to incorporate the western end of the parcel located at 185 N. Mountain Ave (Havurah Shir Haddash Jewish Temple) into the subdivision. A Tree Removal Permit is requested to remove a 40-inch diameter at breast height Black Walnut tree in the N. Mountain Avenue street right-of-way adjacent to the front of the property located at 203 N. Mountain Ave. ditional Use Permit to convert thirty (30) existing apartments to thirty (30) condominium units for the property located at Request for a modification of a previously approved Site Review (PA2005-01673) for a mixed-use commercial and residential development located at 1651 Ashland St., within the Detail Site Review Zone. The previous approval was for two, three-story mixed-use commercial and residential buildings consisting of office and retail uses on the ground floors, and a total of 23 residential unns on the first, second and third floors. The modifications to the original approval proposed here involve a redesign of the south elevation, along the Ashland Street side of Building #1, and the conversion of two of the four affordable units to an alternative affordabi/ity standard being proposed by the applicant. In compliance with the Aniericans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Oty Administrator's office at (541) 488-6002 (TlY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the dty to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). By order of the Planning Manager Bill Molnar Publish: 8/31/06 Date e-mailed: 8/24/06 Purchase Order: 70344 ",j~ CITY OF ASHLAND ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES AUGUST 8, 2006 CALL TO ORDER - Vice Chair Michael Dawkins called the meeting to order at 1 :35 p.m. at the Ashland Civic Center, 1175 E. Main Street, Ashland, OR. Commissioners Present: John Fields, Chair Michael Dawkins John Stromberg Council Liaison: Kate Jackson, (Council Liaison does not attend Planning Commission meetings in order to avoid conflict of interest.) Absent Members: None Staff Present: Bill Molnar, Interim Planning Director Derek Severson, Associate Planner Angela Barry, Assistant Planner Sue Yates, Executive Secretary APPROVAL OF MINUTES - Stromberg/Dawkins mls to approve the minutes of the July 11,2006 Hearings Board. The minutes were approved as written. TYPE I PLANNING ACTION PLANNING ACTION #2006-01294 REQUEST FOR A CONDITIONAL USE PERMIT TO CONVERT THIRTY (30) EXISTING APARTMENTS TO THIRTY (30) CONDOMINIUM UNITS FOR THE PROPERTY LOCATED AT 719 PARK STREET. OWNER/APPLICANT: Park Street Apartments, LLC I Urban Development Services, LLC This action was called up for a public hearing. PLANNING ACTION 2006-01293 REQUEST FORA LAND PARTITION TO CREATE TWO SINGLE-FAMILY PARCELS, FOR THE PROPERTY LOCATED AT 2331 MORADA LANE. APPLICANT: SCHUMACHERNANLANDINGHAM This action stands approved. Stromberg wondered if signing to not remonstrate is legal. Molnar said he knew that issue had been raised with the Council and an interest on their part to look at the LID process, but Staff has not had any direction from the Legal Dept. to treat the agreements any differently than in the past. John Fields arrived and chaired the meeting. TYPE II PUBLIC HEARINGS PLANNING ACTION 2005-01869 REQUEST FOR A LAND PARTITION TO CREATE THREE PARCELS FOR THE PROPERTY LOCATED AT 1751 DRAGONFLY LANE. A VARIANCE IS ALSO REQUESTED TO EXCEED THE MAXIMUM OF THREE LOTS PERMITTED TO USE A FLAG DRIVE (DRAGONFLY LANE). APPLICANT: PEGGY GEORGE Ex Parte Contacts & Site Visits - Dawkins had a site visit. STAFF REPORT Severson said there was a request from Chris Hearn, a neighbor's attorney, requesting this action be called up by the Hearings Board to the Full Commission for a public hearing. Severson spoke with Hearn prior to the meeting and he said he and his client are agreeable to moving ahead with today's hearing. The applicant's proposal, site description and Staff comments are contained in the Staff Report provided in the packet. In addition to requesting a three lot partition, the applicant is also requesting an Exception to Street Standards. The parent parcel has legal access via the flag drive to Crestview, but the functional access is strictly by easement over Dragonfly Lane, a private 4tJ ( RUTII M. MILLER RECEIVED JUL 2 8 2008 PlIILIP C. LANG, LC&W 758 B cl)lred · Ashland, Oregon 975'20 Qesictence 541 · 48'2-8659 Office!fax 541 · 48'2-5387 July 28, 2006 To: Planning Dept. (Filed with City Council Clerk-7/28/06) Re.: PA 2006-01294 This is an addition to my calling this PA up on 7/21/06. I have been told to cite specific reasons. They are as follows: ,1. 18.104.050 C. Adverse material effect on livability of impact area when compared to the target use of the zone. 2. 18.104.050 C.7. "Other factors found to be relevant' a) It has been public policy, as expressed in prior actions of exactly this sort to deny the action because of the loss of affordable units. b) It is against stated public policy - about to be ("cQdified into law. c) It reduces' affordable rental housing by converting the units to condos, likely to be purchased by the rich as much higher- priced rentals. (Working people for whom these units are suitable cannot afford to buy them. The wealthy who can will certainly not buy them for their own residential use - but as much higher ~iced rental un' This has been a consistent pattern in Ashland). PHILIP C. 41 (. (~ CITY OF ASHLAND July 28, 2006 PhIlIp Lq 758 8 Street Ashland, OR 97520 Fax482-5387 Dear Mr. Lang RE: Your request for a hearing on Planning Application #2006-01294 I have reviewed your request for a public hearing regarding planning application 2006-01294. I am concerned that the request does not satisfy the following requirements for a public hearing request as described 18.108.040 8.3.and 18.108.030.84: 18.108.040 B.3 3. Notice of the decision shall be mailed within seven days of the decision to the persons described in section 18.108.030.8.3. The notice shall contain the information required in section 18.108.030.8.2 plus a statement that unless a public hearing is requested, the action will be reviewed by the Commission. Persons to whom the notice is mailed shall have 10 days from the date of mailing iO which to request a public hearing before the Commission. Reauests for I Dubllc helrina shill confonn to the l'8CJulrementsof section 18.108.030.8.4. 18.108.030 B.4 4. Persons to whom the notice is mailed shall have 10 days from the date of mailing in which to request a public hearing. Requests for a public hearing shaH meet the following requirements: a. The request shall be filed by the date speclfied in the notice of decision. b. The request shall be in writing and include the appeIlanfs name, address, the file number of the planning action IDd.Jbl sDeClflc arounds for which the decision should be revlf'Hd or modified. baed on the IDDllcable crittrIa or Droctdural IrreaullrIW. Your July 21, 2006 request for a hearing failed to identify the applicable criteria upon which the request was based. In order for your request to be valid, please address the relevant requirements as identified above by the JulY 31. 2006. 4:30 D.m. deadline. ~ ,'" .,.~"'....."....-.........- .../'" ...J , ~~~L ~-~ 541.552.2042 or bil/@ashland.or.us -- cc: ~ - Mike Franell Bill Molnar, Interim Director Community hnIopment DIpt. Tel: 541-652-2043 51 Wilburn Way FIX: 541-652-2050 Ashland, 0rIg0n 97520 TTY: 800-735-2900 www.ashland.or.usbill@ashland.or.us tf~ '.t. , /" i /- , URBAN DEVELOPMENT SERVICES, LLC 320 East Main Street, Suite 202 Ashland, Oregon 97520 Mr. Philip C. Lang 758 B Street Ashland, OR 97520 July 27, 2006 RE: PA 2006-01294 Dear Mr. Lang, We received your letter dated July 21, 2006 in which you state that you are appealing the City of Ashland's approval ofPA 2006-01294. This project is required to meet the current criteria for conversions and upon the Planning Departments review it does exactly that. Therefore, Staffhas approved the project. Your appeal does not point out any criteria that are unsatisfied and therefore, we believe after much consumption of time and resources during an appeal, the record will reflect that the Staff approval is valid and it shall be upheld. You do appear to have overall concerns about affordable units and workforce housing, both of which are serious issues that the City of Ashland is grappling with today. We address those points as they relate to this particular project below. To address your first concern; "that the units be replaced with affordable units ", it is important to note that the property owner will make available 26.6% of the units (8 units of their 30 units) to households earning 80% of the AMI. This is required in the existing criteria. This equates to 8 affordable units being added to the affordable unit inventory within the city. Deed restrictions shall be recorded on each of these 8 units to ensure that the units remain affordable for 30 years. Regarding your second concern that the conversion itself "will lead to home ownership for working people of moderate means", this is a matter not addressed in the criteria at all. The city does not define "Workforce Housing" nor does it define the AMI that would qualify a person to fit into a "workforce housing" class. Many of us in town figure that workforce wages are those of teachers, policeman, fireman, utility workers, I.E. folks who earn too much to qualify for the "affordable housing" program but do not earn enough to purchase a detached single family home at current market prices. You, and many of us, are concerned that the affordable programs misses these people and solutions are needed to fix this social problem within our City. This topic of workforce housing deserves significant attention by the Mayor, City Council, and Ashland citizens; however, the appeal of this particular planning action will not accomplish nor solve this issue, this project is. required to meet current criteria and it does that. The land use process does not allow a single landowner to pick and choose which Ordinances work best, the process requires that the landowner follow current criteria, just as this projec~@{JED Perhaps in the near future, the City Council will adopt an Ordinance addressing "W orfl5'~crl Phone: 541-482 - 3334 Fax: 541-482-3336 M2a. 13 CIty d Ashland Convnunlty Developmenl ( Housing", at that time it will be the best path the City Council can foresee to achieve their goals and you can be assured that we will encourage our clients to follow those criteria to the letter. In conclusion, the City is starting to focus on this conversion type of land use action and, in fact, recently held a study session to detennine where the system is failing and where it is succeeding. No doubt this debate will continue during the course of the coming year and a solution and potential ordinance change may come of all this communication. In the meantime, we will continue to submit land use projects based on the existing criteria and will adapt our applications to meet new ordinances as changes are made. An appeal is an important land use tool that allows the appellant to point out criteria that the applicant has not satisfied. We believe an appeal of this project is not the appropriate tool to solve larger social issues in Ashland. The City Council is tasked with solving City wide social issues and as land use planners and residents of Ashland; we will continue to contribute whenever possible. We hope you do as well. Please note I copied the City of Ashland Planner who is working on this project so that she is aware that we have responded to your letter. Please do not hesitate to write with questions or if you have further information that you would like us to address. Regards, Mark Knox Managing Member cc: Amy Anderson along with copy of Mr. Lang's original letter RECEIVED JUl 2 8 ZOOS Phone: 541-482-3334 City of Ashland Fax: 541 - 482 - ~unity Development 4Lf ,G ".-- ( ( RCT" M. MILLER PIlILIP C. LANG. I.c>;\r , ~: '~\i:"-' ,- 711'1 ~ SI r~c1 · .\"hLuh L '- )rc~, 'II 971'10 , QL'",dCIIl": 'j41 · -lR'2-8b';9 Ollle' /1'.1\ i-11 · ';~-Yj ~,~7 July 21, 2006 Mark Knox DBAUrban Dev. Svcs. 320 East Main - Ste. 202 Ashland, Oregon 97520 Re.: PA 2006-01294 Dear Mr. Knox: My son's (and my) property at 686 Normal was given notice on the above captioned planning action. I have filed for a public hearing on our behalf. I am more than willing to withdraw the request if I can be satisfied that the current rental units will be replaced by affordable housing, viz. that the condominium conversion will lead to home ownership for working people of moderate means rather than a quick way to maximize profit on the property and get out. There is no information on rents or proposed selling prices in the file. As you must know I have the resources to pursue this through all the stages of appeal. As you also know, affordable housing has been an important issue for me since 1985. P.S. Given my lengthy prior experiences with planning and developers, I would prefer that our discussions and exchanges occur in writing. Thanks, RECEIVED JUt 2 8 . '-15' CIty d Ashland Convnunlty Developma r /'" t ~ URBAN DEVELOPMENT SERVICES, LLC 320 East Main St. Suite 202 Ashland, OR 97520 July 25, 2006 719 Park Street Tenants & Neighbors My name is Mark Knox and I'm a local Land Use Planner representing the property owners of the apartments at 719 Park Street in Ashland. The property owners have recently requested a Conditional Use Permit from the City of Ashland requesting approval to convert all of the site's apartments into condominiums. The property owners would like to invite you and your neighbors to an informal meeting on Friday night, 6:00 p.m., July 28th to discuss what this means to you. However, until that time, please understand the property owners have no intention to make immediate changes and, in reality, are proposing the conversion primarily for financing reasons. The meeting will take place in the rear of the property next to the playground area. Hope to see you then. However, if you can not make it, please do not hesitate to contact me or Mark DiRienzo at 482-3334. Sincerely, Mark Knox Project Planner Urban Development Services, LLC cc: City of Ashland Staff (e-mail) RECEIVED .... CIty d AIhI.... ~ OIIrelapmllll Phone: 541-482-3334 Fax: 541-482-3336 q~ 1 . RUTII M. MILL"ER PIULIP C. Li\NG, LC.j)W 758 B Street · Ashland, Ore8on 97520 Residence 541 · 482-8659 Offlcc!fax 541 · 482-5387 July 21, 2006 To: Planning Dept. Re.: Planning Action #PA2006-01294 I am requesting a public heating on the above planning action. I am representing 686 Normal Street son, Eric G. Lang, who owns the property at ich I am also partial owner. RECF:I\lED ~7 J U L 'J 1 ri nr<, City of AC:!"!land o Field 0 Office 0 County ~4111 .,-~ Planning Department, 51 .ourn 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: 2006-01294 SUBJECT PROPERTY: 719 PARK STREET OWNER/APPLICANT: Park Street Apartments, LLC / Urban Development Services, LLC DESCRIPTION: Request for a Conditional Use Permit to convert thirty (30) existing apartments to thirty (30) condominium units for the property located at 719 Park Street. COMPRHENSIVE PLAN DESIGN A TlON: Multi- Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 15AA; TAX LOT: 5200 OWNER/APPLICANT: Park Street Apartments, LLC / Urban Development Services, LLC ASHLAND PLANNING DEPARTMENT STAFF PRELIMINARY APPROVAL: July 19,2006 ASHLAND PLANNING COMMISSION HEARINGS BOARD MEETING: August 8, 2006, 1:30 PM DEADLINE FOR REQUEST FOR A PUBLIC HEARING: July 31, 2006, 4:30 PM r ..-L ... ..u r~c__'=_l PA #2006.01 294 719 PARI<ST SUBJECT PROPERTY 1,'-' r' , : ~ .-'.. . , ~i~ nr lJ ,1 L : rr ) I j i. ,- --- --.------------------:::r- J n 1....1 , , I' , Ii rf LJ Ij...... L. " r-} ! J : Li I- I [: I ".,' I Jo-.! co! I'i~ill ~ The Ashland Planning Department Staff have preliminarily approved this request. This planning action will be reviewed by the Ashland Planning Commission Hearings Board on the meeting date shown above. The meeting will be at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon. No Dublic testimonv is allowed at this review. Any affected property owner or resident has a right to request, AT NO CHARGE, a public hearing before the Ashland Planning Commission on this action. To exercise this right, a WRITTEN request must be received in the Planning Department, 51 Winburn Way, prior to 4:30 p.m. on the deadline date shown above.. The written request for the public hearing must include your name, address, the file number of the planning action and the specific grounds for which the decision should be reversed or modified, based on the applicable criteria. IF YOU DO NOT SPECIFICALLY REQUEST A PUBLIC HEARING bv the deadline time and date stated above. there will be no DubUc testimonv Dermitted. If a hearing is requested, it will be scheduled for the following month. 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. 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 0 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 righ of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficien specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court. A copy of the application, 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 Winburn Way, Ashland, Oregon 97520. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title I). If you have questions or comments concerning this request. please feel free to contact Susan Yates at the Ashland Planning Department, 541-488-5305. (- 18.104.050 Approval Criteria A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not Implemented by any City, State, or Federal law or program. B. 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. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered In relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. J11 PA#2006-01293 39IE15AD 1800 ALLEN BARBARA A 375 LITHIA WAY ASHLAND, OR 97520 PA#2006-01293 39IE15AA 90004 BEAVER JAMES RlNANCY LEE PO BOX 384 ASHLAND, OR 97520 PA#2006-01293 39IE15AD 2000 BRODEUR/BRODEUR INC 1801 SISKIYOU BLVD ASHLAND, OR 97520 PA#2006-01293 391E15AA 70008 CUNHA TIM/REGENT -CUNHA M'LISS 512 BLUE RIDGE CT V ACA VILLE, CA 95688 PA#2006-01293 391E15AA 4901 ENGLE GREGORY J/JAMIE B 756 PARK ST ASHLAND, OR 97520 PA#2006-01293 391E15AA 5102 GRIMSHAW JOHN VlGRIMSHA W PO BOX 1014 ASHLAND, OR 97520 PA#2006-01293 391E15AA 90008 HEINEBRY AN 2705 CLAY CREEK WAY ASHLAND, OR 97520 PA#2006-01293 391E15AA 4700 HUFFMAN ELGYN R 722 PARK ST ASHLAND, OR 97520 PA#2006-01293 391E15AD 1803 KENNEDY KATHERINE M TRUSTEE 320 E MAIN ST ASHLAND, OR 97520 PA#2006-01293 391E15AA 6806 LANG ERIC G 686 NORMAL AVE ASHLAND, OR 97520 ( PA#2006-01293 391E15AB 3002 BARGER KEVIN 731 NORMAL AVE ASHLAND, OR 97520 P A#2006-01293 39IE15AA 4403 BETLEJEWSKI FRANK POBOX604 ASHLAND, OR 97520 PA#2006-01293 391E15AA 5000 CAMPBELL ERIC J 768 PARK ST ASHLAND, OR 97520 PA#2006-01293 391E15AA 70004 DALLAS SHARON AlEASTER JEFFREY 3109 CAPITAL AVE MEDFORD, OR 97504 PA#2006-01293 391E15AA 5600 FARMER JOHN/GEORGENE 717 PARK ST ASHLAND, OR 97520 PA#2006-01293 391E15AA 4600 HAKES DAVE EIRO-DEAN R 718 PARK ST ASHLAND, OR 97520 PA#2006-01293 391E15AA 5500 HOSKINS H ANTHONY 6155 PLUMAS ST 108 RENO, NV 89509 PA#2006-01293 391E15AA 7100 JONATHAN LANDES CONSTRUCTION 796 LffiERTY ST ASHLAND, OR 97520 PA#2006-01293 391E15AA 70001 KLIMEK RICHARD W 121 WALNUT PL PHOENIX, OR 97535 PA#2006-01293 391E15AA 90005 LEVICH NAOMI 663 PARK ST 5 ASHLAND, OR 97520 50 ,~ . PA#2006-01293 391E15AA 6805 BEAITY TIM RlCINDY D 75107 OREGON LN IRRIGON, OR 97844 P A#2006-01293 39IE15AA 4200 BLACK SYLVIA ANN TRSTEE FBO 660 PARK ASHLAND, OR 97520 PA#2006-01293 391E15AA 70003 COMPTON DAVID MARK 730 NORMAL AVE ASHLAND, OR 97520 PA#2006-01293 391E15AA 5201 DICOSKEY BRUCE TRUSTEE ET AL 745 PARK ST ASHLAND, OR 97520 PA#2006-01293 391E15AA 4802 GlES BRIAN 730 PARK ST ASHLAND, OR 97520 PA#2006-01293 391E15AA 4500 HAKES REENA IIDARIN T 700 PARK ST ASHLAND, OR 97520 PA#2006-01293 391E15AA 6809 HUFF HELEN F TRUSTEE 7636 BODEGA AVE SEBASTOPOL, CA 95472 PA#2006-01293 391E15AA 80001 KENNEDY KATHERINE M TRUSTEE 320 E MAIN ST ASHLAND, OR 97520 PA#2006-01293 391E15AA 4900 KNOROSKI JOHN J TRUSTEE 864 MORTON ST ASHLAND, OR 97520 PA#2006-01293 391E15AA 90007 LITHMAN ESTHER ET AL 669 PARK ST ASHLAND, OR 97520 'i \ \~\tf. , \\&tJL /2.. ,{'<\u; \ otJ'/ PA#2006-01293 39IE15AB 3201 LIVING OPPORTUNITIES INC POBOX 1072 MEDFORD, OR 97501 PA#2006-01293 391E15AA 70006 LOVETT RICHARD PAUL TRUSTEE ET PO BOX 427 ASHLAND, OR 97520 PA#2006-01293 391E15AA 70007 MCLEAN KEVIN 738 NORMAL ST ASHLAND, OR 97520 PA#2006-01293 39IE15AA 4402 MEYER KIRT 678 PARK ST ASHLAND, OR 97520 PA#2006-01293 39IE15AA 5200 PARK STREET APARTMENTS LLC 185 MISTLETOE ASHLAND, OR 97520 PA#2006-01293 391E15AA 4800 PAUL SARAH TRUST 750 PARK ST ASHLAND, OR 97520 PA#2006-01293391EI5AA 7000 ROTH JAMES A TRUSTEE 3231 TOLMAN CREEK RD ASHLAND, OR 97520 PA#2006-01293 391E15AA 4801 SCHILLING FREDERICK 740 PARK ST ASHLAND, OR 97520 PA#2006-01293 391E15AA 6801 SORIA MIGUEL/MARlA C 205 ASTOR WAY SALINAS, CA 93906 PA#2006-01293 391E15AA 6701 WARNER MICHAEL J/DIANA G 678 NORMAL AVE ASHLAND, OR 97520 (, PA#2006-01293 39IE15AA 70002 LOVETT RICHARD PAUL TRUSTEE ET PO BOX 427 ASHLAND, OR 97520 PA#2006-01293 391E15AA 4501 MAC CORMACK MARSHA F 250 NEIL CREEK RD ASHLAND, OR 97520 PA#2006-01293 391E15AA 6810 MCLEOD CATHERINE 694 NORMAL AVE ASHLAND, OR 97520 PA#2006-01293 391E15AA 6700 NORMAL SEVEN LLC POBOX 548 ASHLAND, OR 97520 PA#2006-01293 391E15AA 6807 PATTERSON CLARENCE 0 - TRUSTEE 6830 HWY 66 ASHLAND, OR 97520 PA#2006-01293 391E15AA 90003 RAY ANNEB 370 SKYLARK LN W A YNESVILLE, NC 28786 PA#2006-01293 391E15AD 1804 ROTH JAMES A TRUSTEE 3231 TOLMAN CREEK RD ASHLAND, OR 97520 PA#2006-01293 391E15AD 1802 SCHWIMMER GERTRUDE S TRUSTEE 759 PARK ST ASHLAND, OR 97520 PA#2006-01293 391E15AA 6804 STOW ASSER RYAN/SA TLER 682 NORMAL AVE ASHLAND, OR 97520 PA#2006-01293 391E15AA 90006 WELTMAN MIKE TRUSTEE ET AL 661 PARK ST ASHLAND, OR 97520 131 f PA#2006-01293 39IE15AA 70005 LOVETT RICHARD PAUL TRUSTEE ET PO BOX 427 ASHLAND, OR 97520 PA#2006-01293 391E15AB 3100 MCCLURE STUART ET AL 1765 SISKIYOU BLVD ASHLAND, OR 97520 PA#2006-01293 391E15AA 90001 MELTON PAMELA ANN PO BOX 3017 ASHLAND, OR 97520 PA#2006-01293 391E15AA 5701 OWENS LEROY D/MARY JO 667 PARK ST ASHLAND, OR 97520 PA#2006-01293 391E15AA 6808 PATTERSON DEBRA L 690 NORMAL AVE ASHLAND, OR 97520 PA#2006-01293 391E15AA 4300 REINHOLDT ROBERT B TRUSTEE ET 270 SKYCREST DR ASHLAND, OR 97520 PA#2006-01293 391E15AA 6811 SATLER SERGIO TRUSTEE FBO PO BOX 3157 ASHLAND, OR 97520 PA#2006-01293 391E15AA 5100 SIERKA R DOUGLAS/ANN D 307 HILLCREST ASHLAND, OR 97520 PA#2006-01293 391E15AA 90002 TUCKER DIANNE C 657 PARK ST ASHLAND, OR 97520 PA#2006-01293 391E15AA 5300 WOODING GEORGE/ICHIUJI NANCY 11 DELLABROOK AVE SAN FRANCISCO, CA 94131 11/1/r' . \ L yY\f() ~" '3 I7cL y J\) < PA#2006-01293 391E15AA 5400 WOODING MARY RUTH 727 PARK ST ASHLAND, OR 97520 PA#2006-01293 HOFFBUHR & ASSOCIATES 880 GOLFVIEW DRIVE MEDFORD, OR 97504 ( PA#2oo6-01293 39IE15AA 70000 WURFL JENISE F 724 NORMAL AVE ASHLAND, OR 97520 58- I~ P A#2006-01293 URBAN DEVELOPMENT SERVICES 320 EAST MAIN ST SUITE 202 ASHLAND, OR 97520 J 1\V. ~~d; U I ( /" i AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On July 19,2006, 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 #2006-001294, 719 Park Street. a* _~/Jtn~ Signat e of Employee SIGNED AND SWORN TO before me this 19th day of July, 2006. . Ui~'.".~k ;"'~"X-,jf.'::""".;'lI".,""".""",,-!!,:,: :~..,.,_."!,, }fFICIAL SEAL 8. BOSWELL NOTARY PUBLlC-OREGON COMMISSION NO. 391525 MY COMMISSION EXPIRES APR. 07, 2009 ~es UJeJ2JL Notary Public for State of Oregon My Commission Expires: 4-7- (JCj Comm-Dev\Planni ng\ Templates .5~ ATTN: LEGAL PUBLlCATIOtfi(ANDREA) ( MEETING NOTICE NOTICE IS HEREBY GIVEN that the Ashland Planning Department preliminarily approved the following requests. The actions will be reviewed by the Ashland Planning Commission Hearings Board at 1 :30 p.m. on August 8, 2006 at the Ashland Civic Center, 1175 East Main Street, Ashland, OR. No public testimony is allowed at this review. Any affected property owner or resident has a right to make a written request for a public hearing before the Ashland Planning Commission prior to 4:30 p.m., July 3, 2006 to the Planning Department, 51 Winburn Way, Ashland, OR. Request for a Conditional Use Permit to convert thirty (30) existing apartments to thirty (30) condominium units for the property located at 719 Park Street. Request for a Land Partition to create two single-family parcels, for the property located at 2331 Morada Ln. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Oty Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the dty to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). By order of the Planning Manager Bill Molnar Publish: 7/27/06 Date e-mailed: 7/20/06 Purchase Order: 70340 5'+ { , r , RECEIVED JUL 7 City of Ashland Commu~jty Development PROJECT DESCRIPTION OF THE PROPOSED CONDOMINIUM CONVERSION FOR THE EXISTING PARK STREET APARTMENTS LOCATED AT 719 PARK STREET IN ASHLAND SUBMITTED TO CITY OF ASHLAND PLANNING DEPARTMENT ASHLAND, OREGON BY URBAN DEVELOPMENT SERVICES, LLC 55' PROJECT INFORMATION ADDRESS & LEGAL DESCRIPTION: 719 Park Street; 391E15AA TL 5200 PLANNING ACTION: This application is for a Conditional Use Permit to convert the existing thirty (30) apartments at 719 Park Street into thirty (30) condominium units. As required under AMC 18.24.030 J., 25% or eight (8) of the units shall be converted to affordable units for moderate income persons. No site modifications are proposed. OWNER: Park Street Apartments, LLC 185 Mistletoe Road Ashland, OR 97520 541-482-4098 APPLICANT/LAND USE PLANNING: Urban Development Services, LLC 320 East Main Street #202 Ashland, OR 97520 541-482-3334 SURVEYOR: Hoffbuhr & Associates 880 Golf View Dr. Medford, OR 97504 779-4641 COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential ZONING DESIGNATION: R-2; Low Density Multi-Family Residential APPLICABLE ORDINANCES: R-2 Zoning; Chapter 18.24 Conditional Use Permits, Chapter 18.104 ADJACENT ZONING/USE: NORTH: C-l Commercial & R-3 Multi Family WEST: R-2 Multi-Family Residential EAST: R-2 Multi-Family Residential SOUTH: R-2 Multi-Family Residential SUBJECT SITE: R-2 Multi-Family Residential RECEIVED JUL 7 iLlS City of Ashland Community Development I. PROJECT DESCRIPTION & BACKGROUND The applicants are requesting approval for a Conditional Use Pennit to convert the existing thirty (30) apartments located at 719 Park Street into thirty (30) condominium units. As required under 18.24.030 J., 25% or eight (8) of the units will be placed into the 2 f:~ (- r affordable housing program for moderate income persons, A pre-application meeting was held on January 18, 2006, at which time comments, questions and observations were raised by the Planning and other City Staff, The applicant has addressed the pre- application points within this application narrative and also met with City of Ashland's Housing Specialist, Housing Commission and Building Department officials. Site: The property was originally approved and constructed in the early 1990's and takes access via a 25' wide access driveway off of Park Street. The access point is approximately at the midpoint of Park Street between Siskiyou Blvd, and Ashland St. An existing sidewalk along the access driveway leads into the property and onward to all units, The property has four existing structures containing 30 total units: . Building A contains Building C contains 16 units 4 units . TOTAL UNITS: Front Entrance Building B contains Building D contains 30 units 6 units 4 units Looking Along Front of Buildings A & B All of the units contain two bedrooms with two bathrooms and are approximately 950 square feet each. Additionally, each unit has a storage closet accessed from the covered hallway between units. The parking areas have covered parking ports and a driveway that is 25' at the main entrance and 24' through the main parking lot area. There are 53 spaces including 2 handicap spaces (53 total spaces are required). There are several greenway areas, the two significant areas are the 20' wide greenbelt along the east side of the property and also the far west side of the property contains a lawn area with a children's play structure, In addition, the property offers an in-ground swimming pool and children's tot-lot play area for its residents as a recreational opportunity. (J,',) 0 C) C) W "'-l > r-- W 0 W -.I a: :;:::) --:) Back Landscaping Building A 3 57 ( Front of Building B Front of Building C r . Back Landscaping Building B C a> <.0 F 0 c.:) 'D (l, W ~~.~ r: 0 co ~~ > J:: r---. tr: <b W '" () ~ 0 W ~, c' _.1 a: ~ 0 ,~ ~ c 0 0 Pool Area Looking Towards Back of Building C Front of Building D Front Entrance Landscaping Back Landscaping of Building D Landscape Area Between Buildings A & B 4 5"8 ( Front Driveway Entrance Landscaping r. I Rear Play Area The property slopes to the north approximately 4%. The parcel is L shaped with Buildings A & B constructed along the east property line and Buildings C & D constructed along the south and west property lines. There is mature vegetation throughout the property. Proposal: The applicants are proposing to convert the thirty (30) existing units into thirty (30) condominiums. Eight (8) of the condominiums units will be affordable units and deed restricted as required by the City of Ashland's Affordable Housing Program (Resolution 93-39), The applicants' goal is to have financial flexibility with the units that individual ownership allows, such as alternative financing options. These options allow the applicant the ability to generate resources for re-investment into the site such as making additional interior unit improvements, landscape upgrading, exte110r paint, roofing and other improvements, Over the past decade or so, the site has matured into a well cared for complex. There are mature trees and vegetation throughout. The applicants intend to retain these efforts by incorporating a Condominium Association to ensure the property remains clear of debris and landscaping is maintained, The applicants met with the City Building Official on-site to review the handicap and other possible building code items that need to be addressed. The Official reviewed the framing and roofing plans for unit separation issues, inspected the electrical panels, reviewed the utility plan, and observed the handicap spaces, He does not see any issues that would need changing to this existing site, although he did point out that the handicap space #14 on the site plan needed a new sign and re-striping, The maintenance work is likely to have been done prior to final review of this application. No other exterior changes are proposed with this application. RECEIVED I. , ~. ;': ~ ; , JUL 7 2006 City of Ashland Community Development 5 6'~ ( Parking in front of Building A . " ~ Q <.0 E C) -gfr ~ C) C'J C\l- _ CI) .c> jjj ,......" '" CI) <(0 0 02:- W -I 2:-'C ex: "_ :J :::> UE J E 0 U North Area Guest Parking ,- Parking in front of Building B '-~~~ South Area Guest Parking Each of the 30 units has a private, enclosed storage closet that can fit one bicycle, The balance of the 15 required covered spaces are proposed to be located underneath each of the 8 staircases leading to the upstairs units. These areas are covered breezeways, easily accessible and can contain two bicycles each. The applicant is prepared to install the City Standard tubular bicycle rack to come into compliance with the "sheltered" language in the current code. Corridor Area Under Stairwell Area Under Stairwell In the pre-application comments, staff requested that the applicant meet directly with the City Housing Specialist, Brandon Goldman. This meeting took place on June 5th where numerous issues were discussed including the deed restriction requirements, noticing to tenants, designation of units, etc, Most importantly, Mr. Goldman explained the First Right of Refusal that each tenant must be provided. Currently State law requires a sixty (60) day first right of refusal, however, the law does not preclude an owner from evicting a tenant based on the terms of their rental contract. Therefore it is possible that based on the terms of a rental contract an owner could evict a tenant prior to the sixty (60) day period ending. The applicant proposes to not evict any tenant prior to the sixty (60) day period expiring (regardless of what their rental contract allows) so that such displacement of tenants does not occur. It should be noted that the applicant cUlTently is not intending to sell all units that are converted but instead seeks financial alternatives that the condominium conversion offers and will likely continue to rent a number of the units. 6 roo ;' ~ ~ JJ > jj ...... ) u ..... C :::> """:) :;~ ..~'~'~"". ~,.,~.: ..~., ( r- 1 r ~ ~ Otherwise, it appears this project is standard and that a total of eight (8) units will be deed f! restricted as Affordable units. All 30 units on the project are 2 bedroom units so the ~ ~ Affordable units will the same size as the other units. ~.~ OE E The applicant has begun preparing the Condominium Documents such as Bylaws and o o Declaration as well as the reserve budget that is required for long term maintenance planning. These documents will be submitted to the Planning Staff prior to Final Plat for review and will include the affordable unit deed restrictions. Following staff approval, the Plat and Condominium documents will be recorded with Jackson County. IIL APPLICABLE CRITERIA NOTE: For clarity, the following has been formatted in "outline" form with the City's approval criteria noted in BOLD font and the applicant's response in regular font. Also, due to repetiveness in the required findings of fact, there are a number of responses that may be repeated in order to ensure that the findings of fact are complete. Chapter 18.72: Site Desil!n and Use Standards A. All applicable City ordinances have been met or will be met by the proposed development ordinances have been met or will be met by the proposed development The applicant is not proposing any alterations to the buildings or site other than updating the bicycle parking with covered bicycle parking and re-striping the parking lot. The site, units, and parking are all pre-existing from the time the project was constructed in 1990. The applicant has met with the City Building Department Official and determined that no changes to the site are required based upon this proposal. B. All requirements of the Site Review Chapter have been met or will be met The existing site appears to meet the site review standards, but for bike parking. Please see the attached site plan showing the existing project. The bike parking will be covered and meet current City specifications and the City Building Official met with the applicant onsite and reviewed the infrastructure and other code related items and it appears no changes are required to the site. C The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. The applicant is not proposing to add square footage or change the use of the property. The property will remain multi-family residential. The buildings and site is pre-existing, built in the early 1990's, and designed in such a way that they are internally facing. The applicant is proposing to upgrade the site with paint and new roofing all of which continue to maintain its conforming status. 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 7 '"~ ('~l ( \ improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. (Ord. 2655,1991; Ord 2836 S6, 1999). All of the site's utilities will remain in place with no alterations being proposed. The site's utilities currently extend from each unit and join in the center of site and then extend to Glendale Avenue. The applicants have met with the City Building Official and there has been no indication that the proposal to convert apartments to condominiums will increase the need for additional water, sewer, storm drainage, or increase the vehicular trip generation coming or going from the site. The applicant understands that with the filing of the condominium documents, a Condominium Association will be formed in order to address common area maintenance provisions to ensure long term maintenance of common areas. ChaDter 18.104: Conditional Use Permits A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. Condominium conversions such as this one are a conditional use in the R-2 zone, AMC 18.24.030 J. Considering the buildings are existing, built in the early 1990's, their position, orientation and height are all pre-existing. It appears that required setbacks, heights, etc., still meet current code requirements and Comprehensive Plan policies. All other City, State or Federal laws are or will be complied with now and into the future. B. 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 conversion of the apartments to condominiums will not increase the capacity on City facilities for water, sewer, and paved access to and through the development, electricity and urban storm drainage. Also, adequate transportation facilities are available to the site. No changes are proposed; therefore the intensity of the site shall not change. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relatiotRmaervED target use of the zone: 1. Similarity in scale, bulk, and coverage. JUL 7 Z006 The applicant is not proposing any alterations to the buildings or site. City of Ashland Community Development 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 8 ~~ (' (n 4 The applicant is not proposing any improvements that would increase the number of vehicle or pedestrian trips. The applicants will be installing additional covered bike racks complying with current code specifications. 3. Architectural compatibility with the impact area. The applicant is not proposing any alterations to the buildings or site. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. The applicant is not proposing any alterations to the buildings or site. In no case will the proposal effect air quality or generate dust, odors or generate additional environmental pollutants. 5. Generation of noise, light, and glare. The applicant is not proposing any alterations to the buildings or site. The applicant finds that no additional noise, light or glare will be created with the request. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. The proposed condominium conversion is a conditional use permitted in this zone. Whether this property remains as it is or is convertectto condominiums, there will be no difference in the affect on adjacent properties relating to the development envisioned in the comprehensive plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. With the conversion of the apartments to condominiums, the applicant will be submitting the required Condominium Documents and shall file these documents with the State of Oregon and the City of Ashland. The documents will include the formation of a Condominium Association and related documents (bylaws, CC&R's, operating budget, etc.) as required by the Planned Community Act. The common areas will include the maintenance of the parking area including asphalt and surface graphics, landscaping and irrigation, and shared structural components such as roofs, electric, water, sewer, etc. IV. ATTACHED EXHIBITS Exhibit A Exhibit B Site Plan Utility Plan RECEIVED JUL 7 2006 City of Ashland Community Development 9 t':J 1. ... ..... ." ..... . .~:..... "':".>.".... ~. ......... . . . .. '''. . . ~ .... ...~.:., ....:.... ".~..,:....~:...~...~:::......~. d~.lI. .. IF _ ~ Planning Department ell' Y 0 F 51 Winburn Way, Ashland OR 97520 AS HLAN D 541-488-5305 Fax 541-488-6006 ~: "'\. -r .; .!,' ~..:;. :. ~:.,}~", ".;-~'; PLANNING APPLICATION File # ~()(Jt, - 0/:291 D~eRoocivoo 1-1-06 Type ~ Filing Fee $ 8J2.. ~ /'1vll- h-M,'/I/ I Zoning (L-z. Comp Plan Designation Minor Land Partition Outline Plan (# Units) Zone Change Variance Final Plan Comp Plan Change X Conditional Use Permit Site Review Staff Permit Boundary Line . Annexation . Solar Waiver APPliCATION IS FOR: Application pertains to . /$./04 .,. /0. 2~.{)sD . / to (chapter, section, subpart) of the Ashland Municipal Code. APPLICANT Name ~gA,J D"II'(!o),M~N' SlU-tl/(...4.5; tL.L , . E-Mail K/\1 ()* t? M;:"). d'l (for e-ma1Uag Staff'Report) Phone .5'4/. '11>2 ~ ../;;J 4 Address 3 2-D ~. ~/:J ~--nJ;. (r <::1.1:/1'; , 2<>2 City 41j..,j) / ()~ , Zip 975""ZO PROPERTY OWNER NameJ44-,z ~6-fL"'- A'"f'~"~(..~1 L-lC Address \ ~ 5 rJ.:. sfl e..~ Z- r2-o A- cL ' Phone ~t/- 'Iraz -fo9~ Mk~ o,{.. Zip g 7~2-o / City SUVEYO& ENGINEER. ARCmTECT~ LANDSCAPE ARCmTECT Name tlfl~rhu)A~' ,~'oG,:47V:;. Phone C11- 771 ~ 464-1 I I Address BtB 0 &~// tlb-cJ Pt. City M~ ;>PD'<'~ Z. Q7SrA- . Ip v, DESCRIPTION OF PROPERTY Street Address II q T4 r'l. ~ <;;I"-G.~ 'I Assessor's Map No. 39 IE 1(" AA Tax Lot(s)' srJ-oo On a separate sheet of paper, list any covenants, conditions or restrictions concerning use of the 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 ~~ ."7 G:lcomm-dev~1anning\Forms &. HandoutslPlanning Application Form.doc -.....- ..t_....~_ '.~~) .~. '::~; -;. ..~..~<.. 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 suffi~ient 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 . assistance. ~~ Applicant's Signature ~~ ( ?-/9 .V~ Date As owner of the property involved in this request, I have read and understood the complete . application and its consequences to me as a property owner. ~~~ \ rrMIUAA.~ Owner's "Signature b-- (q.... 06 Date NOTICE: Section 15.04.240 of the Ashland Municipal Code prohibits the occupancy of a building or a release of utilities prior to the issuance of a Certificate of Occupancy by the Building Division AND the completion of all zoning requirements and conditions imposed by the Planning Commission UNLESS a satisfactory performance bond has been posted to ensure completion. VIOLATIONS may result in prosecution and/or disconnection of utilities. t,CZ G:\comm-devlplanninglFonns &. HandoulsIPlanning Application Fonn.doc ./ t I , J J. f~1\ ... ~ ~ .. 18 (\0,f'oll-1I\ -t ~~~~~ l\;j~~c" ~- ~ = 'P . ~: ~ ~ ro...,(t:. ~.~ ~5' ~~~~ ozo< t- c"~r. g' '" :::! 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