HomeMy WebLinkAboutClay_380 (PA-2009-00043)
Updated 5121/08
TALENT IRRIGATION DISTRICT
LAND USE AGENCY RESPONSE FORM
Phone: 541-535~1529
Fax: 541-5354108
Em.ail: tid@talentid.org
104 Vaney View Avenue
P.O. Box 467
Talent OR 97540
NAME OF ENTITY REQUESTING RESPONSE: City of Ashland
ENTITY REFERENCE NUMBER: 2009-00043
MEETING REVIEW DATE: February 10.2009
MAP DESCRIPTION: 39-1E-IIC TL 2500
PROPERTY ADDRESS:380 Clay Street. AsWancL OR 97520
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NO
COMMENT
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IF CHECKED
COMMENTS
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A. WATERRIGHTISSUES
1. Water rights need to be sold to someone or transferred back to Talent
Irrigation District. Number of Irrigated Acres: ~
Comments:
2. Must have District approval for water rights to remain in place on subject
property .
Comments: Be aware that the property has 9.7 acres of water rights. Need to
notifY District .[this water right will remain. or be removed.
B. EASEMENTS
DISTRICT EASEl\1ENTS
1. Easement needs to remain clear. No pennanent structures or deep rooted
plants will be allowed within the easement limits.
Comments:
2. If facility is to be relocated or modified, specifications must meet the District's
standards and be agreeable to the DistD.ct. A new written and recorded
easement must be conveyed to the District.
Comments:
3. If a VvTitten and recorded easement does not exist for an existing facility, then
one must be provided in favor oftbe District.
Comments:
PRIVATE EASEMENTS
1. Property may bave private faciUties (ditch or pipeline) that the District does
not manage. Arrangements may need to be made to provide continued service
through the subject property for downstream water users_
Comments:
Talent Irrigation District Agency Response Form
Page 1 of2
Upd~led 5121/08
NO
COMMENT
IF CHECKED
COMMENTS
ARE APPLICABLE
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PRIVATE EASEMENT PROVISIONS FOR MINOR PARTITIONS
AND/OR LOT LINE ADJUSTMENTS .
1. If the property currently has water rights and it is being partitioned or a lot line
adjustment is being made, easements must be written and recorded which
allow access for all of the pieces of property with water rights to continue to
have access to the water.
Comments:
WATER METER REQUlRE:MENT ON TRANSFERRED WATER
RIGHTS
1. If the water right on this property is a transferred water right that currently has
a water meter requirement, then each of the properties split off of the original
parcel all need to have water meters installed prior to the use of irrigation
water on the newly formed parcels.
Comments:
c. FACILITIES (including but not limited to pipelines, ditches~ canals, control
checks or boxes)
1. Upgrades to District facilities may be required to support any land use changes
or developments, such as pipe installations or encasing existing pipe under
roads or concrete.
Comments: The District lateral on the Northern nropertv line must be
upgraded to PVC viping and a recorded easement for the lateral must be
granted in favor of the District. Please supply the District with a plat showing
the easement locat.ion.
D. DRAINAGE / STORM WATER
The District relies on the Bureau of Reel am at jon's Storm Water Policy. No urban
storm water or point source flows will be allowed into the District's facilities
without going through the Bureau of Reclamation process. (Developments in
historically agricultural areas need to be aware of agricultural run off water and
take appropriate action to protect the development from upslope water.)
Comments:
GENERAL COMMENTS:
1. No interruptions to irrigation water deliveries will be allowed.
2. T.T.D. is a Federal Project and some facilities and/or easement issues may need Bureau of Reclamation
approvaL
3. The developer/sub-divider will take all appropriate actions to ensure the reliability and protection of the
original function of the District's facilities.
As required by ORS 92.090(6) the entity must receive a certification form from the District before
aP.prOV.IOf~.
~ Date Silll1ed: .!)~ /3-0 L
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Talent Irrigation District Agency Response Form
Page 2 of2
February 11, 2009
CITY OF
ASHLAND
Housing Authority of Jackson County
2251 Table Rock Road
Medford, OR 97501
RE: RE: Planning Action #2009-00043
Notice of Decision
At its meeting of February 10,2009, based on the record of the public meetings and hearings on this matter, the
Ashland Planning Commission approved your request for a Modification and changes to the phasing of previously
approved planning actions to allow a land partition creating three lots, Site Review Approval and Tree Removal
for the property located at 380 Clay Street -- Assessor's Map # 39 1 E 11 C; Tax Lot 2500.
The Ashland Planning Commission approved and signed the Findings, Conclusions and Orders document, on
February 10,2009.
Approval is valid for a period of one year. Please review the attached findings and conditions of
approval. The conditions of approval shall be met prior to project completion.
Copies of the Findings, Conclusions and Orders document, the application and all associated documents and
evidence submitted, applicable criteria and standards are available for review at the Ashland Community
Development Department, located at 51 Winburn Way.
This decision may be appealed to the Ashland City Council if a Notice of Appeal is filed within 15 days of the
date this notice was mailed and with the required fee ($304), in accordance with Chapter 18.108.110 (A) of the
Ashland Municipal Code. The appeal may not be made directly to the Land Use Board of Appeals. The appeal
shall be limited to the following criteria:
SECTION 18.108.110 Appeal to CounciL
A. Appeals of Type I decisions for which a hearing has been held, of Type II decisions or of Type III
decisions described in section 18.108. 060.A.I and 2 shall be initiated by a notice of appeal filed with the City
Administrator. The standard Appeal Fee shall be required as part of the notice. Failure to pay the Appeal Fee at
the time the appeal is filed is a jurisdictional defect.
1. The appeal shall be filed prior to the effective date of the decision of the Commission.
2. The notice shall include the appellant's name, address, a reference to the decision sought to be reviewed,
a statement as to how the appellant qualifies as a party. the date of the decision being appealed, and the specific
grounds for which the decision should be reversed or modified, based on the applicable criteria or procedural
irregularity.
3. The notice of appeal, together with notice of the date. time and place of the hearing on the appeal by the
Council shall be mailed to the parties at least 20 days prior to the hearing.
4. The appeal shall be a de novo evidentiary hearing.
DEPT. OF COMMUNITY DEVELOPMENT
20 E. Mail Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-552-2050
TTY: 800-735-2900
rA1
5. The Council may affirm, reverse or modifY the decision and may approve or deny the request, or grant
approval with conditions. The Council shall make findings and conclusions, and make a decision based on the
record before it as justification for its action. The Council shall cause copies of a final order to be sent to all
parties participating in the appeal.
B. Appeals may only be filed by parties to the planning action. "Parties" shall be defined as the following:
1. The applicant.
2. Persons who participated in the public hearing, either orally or in writing. Failure to participate in the
public hearing, either orally or in writing, precludes the right of appeal to the Council.
3. The Council, by majority vote.
4. Persons who were entitled to receive notice of the action but did not receive notice due to error.
If you have any questions regarding this decision, please contact the Community Development Department
between the hours of8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305.
cc: See attached mailing list
DEPT. OF COMMUNITY DEVELOPMENT
20 E. Main Street
Ashland, Oregoo 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-552-2050
TTY: 800-735-2900
rtl ,
BEFORE THE PLANNING COMMISSION
February 10,2009
)
)
)
) FINDINGS,
) CONCLUSIONS
) AND ORDERS
)
)
)
)
APPLICANTS: Housing Authority of Jackson County & City of Ashland )
---------------------------------------------------------------------------------------------------------- )
IN THE MA TIER OF PLANNING ACTION #2009-00043, A REQUEST FOR
MODI FICA TIONS AND CHANGES TO THE PHASING OF PREVIOUSLY
APPROVED PLANNING ACTIONS #2004-00141 AND #2007-00802 FOR THE
WILLOWBROOK SUBDIVISION TO ALLOW ALAND PARTITION CREATING
THREE LOTS, SITE REVIEW APPROVAL TO CONSTRUCT A 60-UNIT
MUL TI-F AMIL Y RESIDENTIAL DEVELOPMENT, AND A TREE REMOVAL
PERMIT TO REMOVE 12 TREES SIX-INCHES IN DIAMETER OR GREATER
WHERE ONLY 8 TREES WERE PREVIOUSLY APPROVED FOR REMOVAL
FOR THE PROPERTY LOCATED AT 380 CLAY STREET.
RECIT ALS:
1) Tax lot 2500 of Map 39 IE llC is located at 380 Clay Street and is zoned Low Density Multi-Family
Residential (R-2).
2) The applicants are requesting modifications and changes to the phasing of the previously approved
Planning Actions #2004-00141 and #2007-00802 for the Willowbrook Subdivision to allow a Land
Partition creating three lots and Site Review to construct a 60-unit multi-family residential development
for the property located at 380 Clay Street. The application includes a requ~st for a tree removal permit
to remove 12 trees six-inches in diameter at breast height (d.b.h.) or greater where only eight trees were
previously approved for removal. The site plan and building elevations are on file at the Department of
Community Development.
3) The criteria for a Land Partition are as follows:
A. The future use for urban purposes of the remainder of the tract will not be impeded.
B. The development of the remainder of any adjoining land or access thereto will not be impeded.
C. The tract of land has not been partitioned for 12 months.
D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the land.
E. The partitioning is in accordance with the design and street standards contained in the Chapter 18.88,
Performance Standards Options.
F. When there exists adequate public facilities, or proof that such facilities can be provided, as
determined by the Public Works Director and specified by City documents, for water, sanitary
sewers, storm sewer, and electricity.
G. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest
fully improved collector or arterial street, as designated in the Comprehensive Plan. Such access
shall be improved with an asphaltic concrete pavement designed for the use of the proposed street.
PA 2009-00043
380 Clay Street
Page I
The minimum width of the street shall be 20-feet with all work done under permit of the Public
Works Department.
1. The Public Works Director may allow an unpaved street for access for a minor land partition when
all of the following conditions exist:
a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial
street.
b. The centerline grade on any portion of the unpaved street does not exceed ten percent.
2. Should the partition be on an unpaved street and paving is not required, the applicant shall agree
to participate in the costs and to waive the rights of the owner of the subject property to
remonstrate both with respect to the owners agreeing to participate in the cost of full street
improvements and to not remonstrate to the formation of a local improvement district to cover
such improvements and costs thereof. Full street improvements shall include paving, curb, gutter,
sidewalks and the undergrounding of utilities. This requirement shall be precedent to the signing
of the final survey plat, and if the owner declines to so agree, then the application shall be
denied.
H. Where an alley exists adjacent to the partition, access may be required to be provided from the alley
and prohibited from the street.
4) The criteria for Site Review approval are as follows:
A. All applicable City ordinances have been met or will be met by the proposed development.
B. All requirements of the Site Review Chapter have been met or will be met.
C. The development complies with the Site Design Standards adopted by the City Council for
implementation of this Chapter. .
D. That adequate capacity of City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will be provided
to and through the subject property. All improvements in the street right-of-way shall comply with
the Street Standards in Chapter 18.88, Performance Standards Options.
5) The criteria for a Tree Removal Permit are as follows:
A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant
demonstrates that a tree is a hazard and warrants removal.
1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to
fall and injure persons or property. A hazard tree may also include a tree that is located within
public rights of way and is causing damage to existing public or private facilities or services and
such facilities or services cannot be relocated or the damage alleviated. The applicant must
demonstrate that the condition or location of the tree presents a clear public safety hazard or a
PA 2009-00043
380 Clay Street
Page 2
foreseeable danger of property damage to an existing structure and such hazard or danger cannot
reasonably be alleviated by treatment or pruning.
2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to
AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the pern1it.
B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if
the applicant demonstrates all of the following:
1. The tree is proposed for removal in order to permit the application to be consistent with other
applicable Ashland Land Use Ordinance requirements and standards, including but not limited to
applicable Site Design and Use Standards and Physical and Environmental Constraints. The Staff
Advisor may require the building footprint of the development to be staked to allow for accurate
verification of the permit application; and
2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of
surface waters, protection of adjacent trees, or existing windbreaks; and
3. Removal of the tree will not have a significant negative impact on the tree densities, sizes,
canopies, and species diversity within 200 feet of the subject property. The City shall grant an
exception to this criterion when alternatives to the tree removal have been considered and no
reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in
this section shall require that the residential density be reduced below the permitted density
allowed by the zone. In making this determination, the City may consider alternative site plans or
placement of structures or alternate landscaping designs that would lessen the impact on trees, so
long as the alternatives continue to comply with other provisions of the Ashland Land Use
Ordinance.
4. The City shall require the applicant to mitigate for the removal of each tree granted approval
pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of
the permi 1.
6) The criteria for an Exception to Street Standards are as follows:
A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a
unique or unusual aspect of the site or proposed use of the site.
B. The variance will result in equal or superior transportation facilities and connectivity;
C. The variance is the minimum necessary to alleviate the difficulty; and
D. The variance is consistent with the stated Purpose and Intent of the Performance Standards
Options Chapter.
7) The Planning Commission, following proper public notice, held a public hearing on February 10,2009 at
which time testimony was received and exhibits were presented. The Planning Commission approved the
requested Land Partition, Site Review, and Tree Removal Permits subject to conditions pertaining to the
appropriate development of the site.
PA 2009-00043
380 Clay Street
Page 3
Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as
follows:
SECTION 1. EXHIBITS
F or 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 proposed creation of three lots satisfies all applicable
criteria for a Land Partition. The Commission finds that the proposal will not impede future development of
the remainder of the subject property or of adjacent lands. 47 units ofthe available density approved for the
site in the Willowbrook Subdivision have been retained for the development of Lot # 1 in a future phase,
while also providing required protection for an existing locally significant wetland on Lot #3. The applicants
have proposed to construct street improvements to bring Clay Street to City standards along the property's
frontage, to install half-streets to serve the proposed lots within the project, to provide an additional 330-feet
of sidewalks, curbs and gutters along the full frontage of the neighboring property to the north to connect to
an existing sidewalk, and to reserve a 20-foot strip along the north property line to facilitate a future street
connection from Clay Street to Tolman Creek Road. The subject property has not been partition in the last
12 months, and the proposed partitioning here is not in conflict with any applicable laws, ordinances or
resolutions. The Planning Commission further finds that adequate capacity ofpublic facilities can and will
be provided through the subject property utilizing existing facilities within the adjacent rights-of-way and
those additional facilities to be provided with the development. The application includes conceptual utility,
grading and drainage plans identifying existing water, sewer, electric and storm drain facilities in the Clay
Street and McCall Drive rights-of-way along with proposed extensions to serve the project.
2.3 The Planning Commission finds that multi-family residential units are a permitted use within the
Low Density Multi Family Residential (R-2) zoning district. The Commission further finds that the
Willowbrook Subdivision was granted final plan approval to construct 107 residential units, which satisfied
the requirement that the annexed property ultimately be developed to 90 percent of its base density after
unbuildable areas were excluded from the density calculations (8.8 buildable acres x 13.5 residential units
PA 2009-00043
380 Clay Street
Page 4
per acre x 0.90 = 106.92 units) and that the current proposal to develop Lot #2 with 60 residential units,
while reserving the remaining 47 units for the development of Lot #1 in a later phase is consistent with the
density regulations of the zoning district and the requirements of the Willowbrook annexation. The Planning
Commission further finds that the application as submitted complies with the yard area requirements,
maximum building height limitations, and 65 percent lot coverage allowance for the zoning district, and that
refuse and recycling containers and required screening will be provided.
The Planning Commission finds that the development complies with the adopted Site Design Standards by
orienting buildings to the street, providing for access to the buildings from the sidewalk, proposing street
trees and landscaping with a variety of locally-adapted trees, shrubs and flowering plants, providing open
space, and preserving as many of the existing, healthy trees as possible.
The Planning Commission further finds that adequate capacity of public facilities can and will be provided
through the subject property utilizing existing facilities within the adjacent Clay Street and McCall Drive
rights-of-way and those additional facilities to be provided by the applicants with the development. The
application includes conceptual utility, grading and drainage plans identifYing existing water, sewer, electric
and storm drain facilities in the Clay Street and McCall Drive rights-of-way along with proposed extensions
to serve the project.
The Commission finds that Clay Street, a collector street under county jurisdiction in this vicinity, provides
paved access to the site. The Commission further finds that the subject property's Clay Street frontage,
while paved, lacks curbs, gutters, park row planting strips, street trees or lights, sidewalks or bicycle lanes in
this vicinity and that development of the subject property under the Willowbrook annexation and subdivision
approvals is subject to conditions requiring a number of improvements which the applicants propose to
address here in order both to comply with the conditions already in place and to provide adequate
transportation with the development of Lot #2. The improvements required include: I) Improvements to
Clay Street to comply with City of Ashland Local Street Standards along the entire approximately 660-foot
frontage of the subject property, including 28 feet of pavement overlay to include two travel lanes and an
approximately six-foot bike lane, curb, gutter, storm drains, 7-Y2 foot planting strip and a six-foot wide
public sidewalk. 2) A connection to the existing sidewalk system to the north with half-street improvements
including curbs, gutters, storm drain facilities, planting strip and public sidewalk to be installed along the full
330-foot street frontage of the property immediately to the north (39 IE llCB Lot #1100) of the subject
property. 3) Improvement of the two new public streets within the development to half-street standards
within a proposed 52-foot right-of-way width with the development of Lot #2, with the remainder of the
improvements to be completed with development of Lot #1. The Commission finds that the applicant's
installation of 660 feet of new sidewalk, planting strip, curbs, and gutters along the subject property's
frontage and 330 additional feet of improvements along the neighboring property to the north's frontage wi II
result in a continuous sidewalk system on Clay Street from Dollarhide Way to Ashland Street.
In addition, the Commission finds that a right-turn only lane was required to be installed on southbound Clay
Street at Ashland Street as a condition of approval of Planning Action #2004-00141, and was to include
widening of the pavement width at the intersection; the installation of curb, gutter and storm drainage
facilities if applicable; and sidewalks from the Clay Street/Ashland Street intersection to and through the
PA 2009-00043
380 Clay Street
Page 5
bend (i.e. elbow) in Clay Street to the existing curb and sidewalk on the west side. Given that median
installation required by ODOT for development of a nearby property may limit turning movements from
Clay Street and eliminate the need for a turn lane, and that the requirements for a right-turn lane were
imposed based on a traffic impact analysis of the potential build-out of the site to its maximum allowable
density of approximately 130 units while the current application is to build only 60 units with a remaining 47
units (for a total of 107) to be built-out with completion of a second phase, the Commission finds that the
applicants proposal to delay installation of the widening improvements for a right-turn only lane until the
first certificate of occupancy for the development of Lot #2, with the remaining improvements including
curb, gutter, storm drainage, and sidewalks to be deferred until the development of Lot # I, with the
understanding that the improvements for the right-turn only lane would not be required if a median were
installed prior to this time, provides adequate transportation to serve the proposed development while
remaining consistent with the conditions of approval of Planning Action #2004-00141.
2.4 The Planning Commission finds that the application satisfies the applicable criteria for a Tree
Removal Permit to remove a total of 12 of the approximately 17 existing trees on the site over six-inches in
diameter at breast height (d.b.h.) where the previous Willowbrook Subdivision included the removal of only
eight trees. Two of the 12 trees proposed to be removed, an eight-inch d.b.h. almond (prunus dulcis)
identified as #24 and a 12-inch d.b.h. black locust (robinia pseudoacacia) identified as #18 are now dead
according to the project arborist's assessment. The remaining ten trees - including a significant 40-inch
d.b.h. poplar identified as Tree #17 - are proposed for removal due to their locations relative to proposed
road and sidewalk construction. Based on the recommendations of the Tree Commission, a condition has
been proposed below to require that the sidewalk configuration at the southwest corner of the subject
property be slightly modified, and Tree #23 preserved and protected, if the project arborist determines that
these modifications would allow the preservation of Tree #23, an eight-inch d.b.h. black oak. The Planning
Commission finds that the street and site configurations necessitating the requested tree removals have been
proposed in order to permit the application to be consistent with applicable ordinance requirements and
standards including preserving a significant wetland, addressing minimum density standards, providing street
improvements, and satisfying the Site Design and Use Standards and access management requirements. The
Planning Commission further finds that the proposed removals have been requested after consultation with a
professional arborist who has assessed the current condition of the trees and concluded the removal of the
trees will not have a significant negative impact on tree densities, sizes, canopies, species diversity, erosion,
soil stability, or flow of surface waters, and that the impacts to wind protection of the adjacent tree to be
preserved can be mitigated through professional pruning given the relatively open canopy structure of the
tree to be preserved. The Planning Commission finds that the applicants propose to plant more than twelve
new trees with the proposed development of the subject property, more than satisfying the mitigation
requirements of the ordinance.
2.6 The Planning Commission finds that the Exception to Street Standards which was approved with
Planning Action #2004-00141 and extended with that approval continues to merit approval. In the original
approval this Exception was requested in order to permit the installation of a small segment of curbside
sidewalk along Clay Street to retain an existing, l8-inch diameter at breast height (d.b.h.) cedar tree. The
request was ultimately approved as it was found that the location, size and health of the tree represented clear
difficulties in complying with street standards, and that the proposed section of curbside sidewalk did not
PA 2009-00043
380 Clay Street
Page 6
.
compromise the use of the public sidewalk given the relatively small adjustment in sidewalk configuration
proposed. The request and the circumstances underlying the previous approval remain unchanged in the
current application, and the Planning Commission finds that the request continues to satisfY the applicable
criteria. A condition below has been added to require that the area where the sidewalk transitions to curbside
in the vicinity of Tree #23 be slightly modified and the tree preserved and protected if the project arborist
determines that these modifications would allow the preservation of the tree, an eight-inch d.b.h. black oak.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that
the application for a Land Partition creating three lots, Site Review approval to construct a 60-unit multi-
family residential development, and a Tree Removal Permit to remove 12 trees six-inches in diameter at
breast height (d.b.h.) or greater where only eight trees were previously approved for removal has satisfied all
relative approval criteria and is supported by evidence in the record.
Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following
conditions, we approve the requested Land Partition, Site Review, and Tree Removal Permits for Planning
Action # 2009-00043. Further, if anyone or more of the conditions below are found to be invalid, for any
reason whatsoever, then Planning Action #2009-00043 is denied. The following are the conditions and they
are attached to the approval:
I) That all proposals of the applicant shall be conditions of approval unless otherwise modified herein.
.
2) That prior to any disturbance occurring on the site or the issuance of a building, excavation or
demolition permit, a Tree Verification Permit shall be obtained. Required tree protection measures
detailed in AMC 18.61.200 shall be installed, inspected and approved by the Staff Advisor prior to
any development activities, including, but not limited to clearing, grading, excavation or demolition
work, or storage of materials, and shall be removed only after completion of all construction activity,
including landscaping and irrigation installation. An agreement shall be recorded requiring the
remaining poplar situated at the southwest comer of the site to be protected and preserved in
accordance with the approved Tree Protection/Tree Removal Plan (Applicant's Exhibit L-l.O). Any
modifications or amendments to the plan would be processed through a Tree Removal Permit
procedure. The southwest comer of the property as delineated on the Tree Protection/Tree Removal
Plan (Applicant's Exhibit L-l) would not be covered by Exempt Tree Removal Activities, Section
18.61.040.C as described in the Land Use Ordinance.
3) That the Housing Authority of Jackson County shall obtain a Demolition/Relocation Review Permit
if deemed necessary by the Building Official prior to the removal of any structures necessary to
complete the proposed road construction as required in Section 3d of the Clay' Street
Intergovernmental Agreement.
4) That prior to signature of the final survey plat:
PA 2009-00043
380 Clay Street
Page 7
a) A preliminary utility plan for the project be reviewed by the Engineering, Electric, Building
and Planning Divisions prior to signature of the final survey plat. The final utility plan for the
project shall be reviewed and approved by the Engineering Division and Building Division at
the time of building permit submittals. The utility plan shall include the location of
connections to all public facilities in and adjacent to the development, including the locations
of water lines and meter sizes, sewer mains and services, manholes and clean-outs, storm
drainage pipes and catch basins.
b) The identification, relocation and piping of existing irrigation facilities shall be addressed at
the time of final plat submittal, and shall be finalized with the building permit submittals.
The design, relocation and installation of irrigation system shall be reviewed and approved
by the Talent Irrigation District prior to the City of Ashland approval of the final engineering
construction documents. The irrigation facilities shall be installed as part of the overall
public infrastructure requirements.
c) The engineering design of all on-site storm water detention systems (i.e. wetland/detention
system) shall be reviewed prior to signature of the final plat and approved by the Public
Works Department, Building Official and Staff Advisor at the time of Building Permit
submittals, the commencement of public infrastructure installation or the issuance of an
excavation permit. The design of the wetland/detention shall incorporate required pollution
control systems (if applicable), while the discharge shall be designed so as not to
significantly increase the volume of runoff beyond pre-development amounts on the property
to the north. The permanent maintenance of on-site storm water detention systems must be
addressed in a manner approved by the Public Works Department and Building Division, and
a preliminary operations and maintenance plan provided for review with the final survey plat.
d) The requirements of the Ashland Fire Department, including approved addressing and
directional signage; fire fighter access; fire apparatus access including improvements, turn-
around, angle of approach, necessary easements and signage; fire flow; and hydrant
installation shall be clearly addressed in the preliminary utility plans. Final engineered
construction drawings shall be reviewed and approved by the Ashland Fire Department at the
time of building permit submittal.
5) That building permit submittals shall include:
a) The applicant shall submit an electric distribution plan including load calculations and
locations of all primary and secondary services including transformers, cabinets and all other
necessary equipment. This plan must be reviewed and approved by the Electric Department
prior to building permit submittal. Transformers and cabinets shall be located in areas least
visible from streets, while considering the access needs of the Electric Department.
b) That the engineering construction drawings for Clay Street comply with City of Ashland
Local Street Standards. Clay Street shall be improved along the entire frontage of the
property. Improvements to Clay Street shall consistent approximately with the following
standards: 28 feet of pavement overlay width (includes two travel lanes and an approximately
six-foot bike lane), curb and gutter, storm drains, 7~-foot planting strip and a six-foot wide
public sidewalk. The civil plans shall include profiles and cross sections, with erosion
PA 2009-00043
380 Clay Street
Page 8
control and slope stability methodologies installed consistent with the standards contained in
AMC 18.62.080B.
c) Engineered designs for a right-turn only lane on southbound Clay Street at Ashland Street
shall be provided at the time of building permit submittals. These engineered designs shall
include the widening of pavement width at the intersection; installation of curb and gutter,
storm drain facilities (if applicable) and sidewalks from the Clay Street! Ashland Street
intersection to and through the bend (i.e. elbow) in Clay street to the existing curb and
sidewalk on the west installed as part of the overall public infrastructure requirements for the
subdivision. Widening improvements for the right-turn only lane may be deferred uI'ltil
issuance of a Certificate of Occupancy Permit with all other improvements noted herein to be
deferred until Lot # 1 is developed. Widening improvements for the right-turn lane shall not
be required to be completed if a median on Ashland Street is installed prohibiting east bound
(left) turning movements from Clay Street onto Ashland Street (Highway 66) prior to the
issuance of the first Certificate of Occupancy.
d) The recommendations of the Ashland Tree Commission noted at their February 5, 2009
meeting, where consistent with Ashland's Site Design and Use Standards and Tree
Preservation and Protection Ordinance and with final approval by the Staff Advisor, shall be
incorporated into a revised Landscaping, Irrigation and Tree Protection Plans prior to
building permit submittal. These plans shall include preservation and protection of Tree #23,
a Black Oak (Quercus kelloggi), by modification of the sidewalk where it transitions to
curbside between Trees #1 and #23 if the project arborist determines that such modifications
will result in the preservation of sufficient critical root zone to preserve the tree.
e) That refuse and recycling facilities shall be identified in conjunction with the design of each
building and in accordance with the standards described in Section 18.72.115 of the Ashland
Land Use Ordinance prior to issuance of a building permit, and shall be installed according to
approved plans, inspected and approved by the Staff Advisor prior to the issuance of a
Certificate of Occupancy.
f) That the color, texture, dimensions, shape and building materials for all exterior components
of the project be included at the time of submission of building permit. The information
shall be consistent with the colors, texture, dimensions and shape of materials and building
materials proposed and approved as part of the land use application.
g) That required bicycle parking shall be identified on plans submitted at the time of building
permit review. The bicycle parking shall be designed and installed consistent with the
standards described in 18.92.040 and shall be inspected and approved by the Staff Advisor
prior to the issuance of a Certificate of Occupancy.
h) That specifications for all exterior lighting fixtures shall be included at the time of
submission of the building permit. Exterior lighting shall be directed on the property and
shall not directly illuminate adjacent proprieties.
6) That prior to the issuance of a building permit:
a) That the engineered construction drawings for all new public streets within the project shall
comply with City of Ashland Local Street Standards. The minimum street width shall be no
HA 2009-00043
380 Clay Street
Page 9
less than 22 feet in width at intersections (unless permitted by the Ashland Fire Department),
and a minimum width of26 to 28 feet when accommodating on-street parking on both sides
of the street. Plans to include profiles and cross-sections, with erosion control and slope
stability methodologies installed consistent with the standards contained in AMC
l8.62.080B.
b) The applicants shall submit a wetland delineation and wetland mitigation/enhancement plan
that has been reviewed and approved by the Oregon Division of State Lands and the
Engineering, Building and Planning Divisions. Such plans shall include civil engineering
specifications for any water detention, water treatment and water distribution.
c) That prior to issuance of a Building Permit, the Housing Authority of Jackson County shall
record deed restrictions in accordance with the City of Ashland's Affordable Housing
Standards.
7) That prior to the issuance of a certificate of occupancy, a "half-street" improvement including curb
and gutter, storm drain facilities, planting strip and public sidewalk shall be installed along the street
frontage of the neighboring property to the north (39 1 E 11 CB, # 1100). The design of these
improvements shall be consistent with Ashland's Local Street Standards, allow for a smooth
transition to the adjoining sidewalk network and be provided prior to issuance of a Certificate of
Occupancy Permit. Such improvements shall be installed as part of the overall public infrastructure
requirements for the project.
8) At the time that Lot # 1 is developed, engineered construction drawings for the project addressing the
design and installation of public multi-use pathways, fence and gates from the subject property to the
City of Ashland Parks/Ashland Family YMCA Soccer Fields shall be provided. The design of any
multi-use pathways shall be in accord with City Local Street Standards, reviewed by the Director of
the Ashland Parks Department, and approved by the Staff Advisor prior the installation of
improvements associated with the development of Lot # 1. That the development and surfacing (i.e.
all weather surface) of the multi-use pathway at the south boundary of the project be extended
through the existing easement on the adjoining parcel to the south (tax lots #200 and 201). A design
for the pathway shall be submitted at the time of any Building Permit approval for Lot #1 and
installed as part of the lot's public infrastructure.
9) That the owner of Lot # 1 shall remain responsible for the pruning and continual monitoring of the
remaining poplar tree. The owner of Lot #2 shall be responsible for the maintenance of their storm
water detention facilities, including for bio-swales to be installed in the Clay Street park row planting
strip.
10) That prior to occupancy of Lot 2 a temporary bicycle and pedestrian path and any necessary
modifications to the gate and fencing be provided across Lot 1 to the YMCA fields.
PA 2009-00043
380 Clay Street
Page 10
'%?n -'l?/a (~/
Planning Commission Approval
February loth, 2009
Date
..
PA 2009-00043
380 Clay Street
Page II
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
ABERNATHY CRAIG HUGH BARAQUIN JASON BARKER NORMAN E
321 CLAY ST 1 522 CANON AVE 321 CLAY ST 72
ASHLAND OR 97520 MANITOU SPRINGS CO 80829 ASHLAND OR 97520
P A-2009-00043 391 E 11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
BARNETT JAMES/PRISCILLA BAUSSERMAN SUSAN JOHANNESSEN BEECHAM CHARLES N/NORMA M
321 CLAY ST 115 321 CLAY ST 100 321 CLAYST101
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391E11C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391E11CC 500
BEY MARK RICHARD/CAROLE ANN BEYER RANNY BLEIWEISS PETER RICHARD TRUSTEE
PO BOX 3084 321 CLAY ST 16 ET AL
ASHLAND OR 97520 ASHLAND OR 97520 1131 HIGHWOOD DR
ASHLAND OR 97520
PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11C 3000
BOOTH STEPHEN TRUSTEE ET AL BOWLES MARCEL YN F BRADLEY DONALD H
PO BOX 3592 321 CLAY ST 74 321 CLAY ST 96
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CA 2900
BRAUN DIVINA BARBARA TRUSTEE ET BRINEGAR SUSAN ELAINE BUDROE WILLETTE JOSEPHINE
AL 321 CLAY ST 103 5281 CLEMSON
321 CLAY ST 68 ASHLAND OR 97520 VENTURA CA 93003
ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
BURKE JACKIE J CAMPBELL GARY THOMAS CARTER BRUCE JESS
5155 SADDLE BROOK DR POBOX 651 321 CLAY ST A
OAKLAND CA 94619 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391E11C 3000
CARVER IRENE CA TRANIDES LISA MARIE CHAMBERLAIN KENT C
321 CLAY ST 27 321 CLAY ST 26 321 CLAY ST 11
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
COFFMAN WANDA W COHEN TRACY ELIZABETH COOK PATRICIA ANN
215 TOLMAN CREEK RD 9 13405 HWY 66 321 CLAY ST 65
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11CB 1100 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CC 1000
COOPER GLEN ALLEN TRUSTEE ET AL COURAUD CHARLES S COWLES JOHN N/JUDITH A
PO BOX 5753 321 CLAY ST 83 2125 BIRCHWOOD LN
SANTABARBARA CA 93150 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000
CROSSLIN BARBARA JEAN CZIRBAN JOEY ELLEN DAVIS INGEBORG
321 CLAY ST 59 215 TOLMAN CREEK RD 7 321 CLAY ST 112
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 P A-2009-00043 391 E 11 C 3000 PA-2009-00043 391 E11 CA 2900
DEMARTINEZ HELENE DISTEFANO SHANI M DIXON RICHARD JAMES
321 CLAY ST 6A 321 CLAY ST 28 215 TOLMAN CR RD 14
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
DIXON TERESA S DONEY JERI M DONOHUE JESSICA
1257 SISKIYOU BLVD 1170 321 CLAY ST 75 321 CLAY ST 70
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CB 4212 PA-2009-00043 391 E11 C 3000
DROSCHER BARBARA ELIZABETH DUNGAN ANDY T ELlNWOOD ELLAE
321 CLAY ST 114 260 MEADOWS DR 321 CLAY ST 90
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
ESCH SHEILA MARY FEELER DOREEN FIUREN CHRISTINA MARIE
321 CLAY ST 5 321 CLAY ST 25 321 CLAY ST 64
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391E11CC 1200
FOLLETT MARY LOU LOVING TRUST ET FREDINBURG SHERI ANN GANGLOFF ROLAND A TRUSTEE ET AL
AL 215 TOLMAN CREEK RD 1 18534 WHITE OAK DR
321 CLAY ST 61 ASHLAND OR 97520 SONOMA CA 95476
ASHLAND OR 97520
PA-2009-00043 391 E11 CC 200 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000
GARGUS GREGORY B/SUZANNE F GILBERT JILL LOUISE GIORDANO GIROLAMIA
400 CLAY ST 215 TOLMAN CREEK RD 12 321 CLAY ST 106
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
P A-2009-00043 391 E 11 C 3000 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 CA 2900
GOLDEN KATHLEEN MEG GORHAM IRENE WHITNEY TRUSTEE/ GRAHAM SHIRLIE COLLEEN
4211 SPATT WAY 138 215 TOLMAN CRK RD 38 215 TOLMAN CR RD 36
BEA VERTON OR 97007 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391E11C 3000
GRANDON BEVERLEY MAY HAM DOUGLAS C HAMPTON JOSHUA /CHEERI
215 TOLMAN CREEK RD 19 321 CLAY ST 39 321 CLAY ST 2
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000
HARDY WARREN D /LUCINDA HAZEL I DEANE LIVING TRUST /HAZEL I HEIDIG HEIDI
321 CLAY ST 39 TRUS 396 IDAHO ST
ASHLAND OR 97520 215 TOLMAN CREEK RD 3 ASHLAND OR 97520
ASHLAND OR 97520
PA-2009-00043 391 E11 CA 2900 P A- 2009-00043 391 E 11 C 3000 PA-2009-00043 391 E11 C 3000
HENICK JOHN JOSEPH/PATRICIA ANNE HENTRICH SUZANNE HERNANDEZ TIMOTHY JAY SR
15568 SAINT ANDREWS DR 321 CLAY ST 73 321 CLAY ST 56
PORTLAND OR 97229 ASHLAND OR 97520 ASHLAND OR 97520
PA 2009 00043 391E11C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
HERRER^, DEANNA HILL JUDITH BOWEN HOLZKAMPER JANA RUTH
~e~ IOW,~ ST 631 SOUTH ST 321 CLAY ST 58
^SHL^.ND OR 97520 REDDING CA 96001 ASHLAND OR 97520
RETURNED
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000
INNES JUANITA JACOBSON MARTIN S/FRIED YVONNE S JACOBSON STANTON /CARYN LEE
321 CLAY ST 52 1320 PROSPECT ST 321 CLAY ST 55
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000
JAMES ELLEN JOANN JEFFERS BILLY DON JILLSON SHELLY
321 CLAY ST 10 215 TOLMAN CR RD 32 321 CLAY ST E
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391E11CB 1200 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
JOHNSTON ROSS R JR KELLY PAMELA LEE KRUSE DARLENE
301 CLAY ST 321 CLAY ST 76 321 CLAY ST 48
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000
KURZ CONSUELO/MILlTELLO LEONARD LANE STEVEN CARROLULlNDA JOYCE LARSON RICHARD 0
T 215 TOLMAN CREEK RD 33 321 CLAY ST 30
321 CLAY ST 24 ASHLAND OR 97520 ASHLAND OR 97520
ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CC 600
LAWTON RANDAUDIEZ INES LEIDER HELEN C ET AL LISOWSKI LOTTIE TRUSTEE FBO
775 TOLMAN CREEK RD 321 CLAY ST 34 2149 BIRCHWOOD LN
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 CC 400
LIVESAY LAWRENCE W TRUSTEE ET AL LULL SUMMER ELIZABETH LUNDBLAD ALETHA C
1410 GRIZZLEY CT 215 TOLMAN CREEK RD 8 2165 BIRCHWOOD LN
YREKA CA 96097 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CC 900
MAC FARLANE MARY MAC KENZIE DAVID A MAHER MARY Z TRUSTEE ET AL
321 CLAY ST 110 321 CLAY ST 40 2133 BIRCHWOOD LN
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CC 700
MARSH DOUGLAS ROGERS MARTINIE MAXINE MAXWELL RHODA J TRUSTEE ET AL
321 CLAY ST 29 PO BOX 1172 2141 BIRCHWOOD LN
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000
MC CARTON DONALD JOHN MC FADDEN JACQUELEINE T MC GUIRE J M MIKE
215 TOLMAN CR RD 37 /CATHERINE J 321 CLAY ST 51
ASHLAND OR 97520 215 TOLMAN CREEK RD 27 ASHLAND OR 97520
ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CC 1600 PA-2009-00043 391 E11 C 3000
MC NAUGHT TERRY WAYNE MCLAUGHLIN PAMELA RAE TRUSTEE ET MELLINGER LISA JIDREYER JANET B
321 CLAY ST 105 AL 321 CLAY ST 32
ASHLAND OR 97520 255 SCENIC DR ASHLAND OR 97520
ASHLAND OR 97520
PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 CC 1100 PA-2009-00043 391 E11 C 3000
MENEFEE LEONORA C MESING RUTH MILLER LYNN SYLVIA
215 TOLMAN CR RD 21 2514 CHESTER ST 321 CLAY ST 46
ASHLAND OR 97520 ALAMEDA CA 94501 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
MOLLETT MIKE MORLEY RAYMOND DEAN MOTEN MARIAN BARBARA
321 CLAY ST 95 PO BOX 788 321 CLAY ST 71
ASHLAND OR 97520 Y ACHA TS OR 97498 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
MROZEK DONALD ICA THERINE MURPHY DANIEL C IDEBRA MURPHY RACHEL
321 CLAY ST 98 970 SE RATCLIFF DR 321 CLAY ST 4
ASHLAND OR 97520 SALEM OR 97302 ASHLAND OR 97520
PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
MURPHY THOMAS IHUBERTA NEWBOMB LESLEE NICHOLSON E H
215 TOLMAN CR RD 34 PO BOX 3023 321 CLAY ST 7
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391E11C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
NIMS DELORES OBLAK AMY OCEANA HELEN DIANNE
321 CLAY ST 109 321 CLAY ST 44 321 CLAY ST 85
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 CB 1200 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
PATTERSON GLEN E PECORARO GREGORY PEPE ALBERT LOUIS/POPE ALBERT T
301 CLAY ST 321 CLAY ST 17 321 CLAY ST 21
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
PETERSON DELBERT L PETERSON GLENDA G POGUE JERRY CNALERIE G
215 TOLMAN CREEK RD 13 321 CLAY ST 116 321 CLAY ST 80
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CA 2900
PRINCE LOUANN RABIN MITZI ET AL RACHLES JUNE TRUSTEE I
321 CLAY ST 6 321 CLAY ST 57 215 TOLMAN CREEK RD 6
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
RANGER SUSAN BETH RAZIUK RENEE GLORIA REED SHERRY LYNN
321 CLAY ST 3A 321 CLAY ST 49 321 CLAY ST 86
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CA 2900
RICHARDS MICHAEL UESTELLE RICHARDSON WILLIAM/DIANA W ROBARTS EVA MARY
321 CLAY ST 79 POBOX 3569 215 TOLMAN CREEK RD 26
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
RODAS DE LEON HILDER MARINEL Y ROSENTHAL EDWARD JAMES or Current SANTURE MARY ANNE
321 CLAY ST 92 Owner 321 CLAY ST 67
ASHLAND OR 97520 321 CLAY ST 69 ASHLAND OR 97520
ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CB 1300 PA-2009-00043 391 E11 CB 1300
SA V ARD ROSEMARY P SCAIFE ROY J/LOLA M SCAIFE ROY ULOLA
321 CLAY ST 62 295 E CLAY ST 295 CLAY ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
SCHA TTLER DIANNE JEANNE TRE SCHELZ JOAN M SCOTT HARRIET A
321 CLAY ST C 321 CLAY ST 99 321 CLAY ST 82
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391E11C 3000 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000
SEMRAU JEAN SEROPIAN BARBARA H SHEPHERD BETTY DORENE
321 CLAY ST 60 215 TOLMAN CR RD 30 321 CLAY ST 12
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000
SHERMAN FRANK A/KA THLEEN A SHOUP RICHARD L /SALL Y S SHULTS ANDREA LYNN
2237 CAL YOUNG RD 215 TOLMAN CREEK RD 31 321 CLAY ST 88
EUGENE OR 97401 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 CC 201 PA-2009-00043 391 E11 CA 2900
SIMONSEN IVAN OLAF SIPLE KATHLEEN KIM TRUSTEE ET AL SMELCER JOSEPHINE FERN REV TRUST
215 TOLMAN CREEK RD 29 1968 TREEWOOD LN ET AL
ASHLAND OR 97520 SAN JOSE CA 95132 215 TOLMAN CREEK RD
ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000
SMITH SHEILA ANN SMITH SHERRY SMITH STACIA LAUREL c/o SA V AGE
13350 HWY 66 2305 ASHLAND ST 281 STACIA L
ASHLAND OR 97520 ASHLAND OR 97520 321 CLAY ST 113
ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
SOMERSET CHRISTINE M SON KA TRINA DENISE SPENCER HARRY H
321 CLAY ST 50 321 CLAY ST 8 7322 CHARTER OAK LP
ASHLAND OR 97520 ASHLAND OR 97520 TEMPLE TX 76502
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391E11C 3000 PA-2009-00043 391 E11 C 3000
SPENCER L1SA/ENNS GORDON STAMPFLI DEBORAH J STEELE NANCY
321 CLAY ST 111 321 CLAY ST 104 321 CLAY ST 107
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000
STEELE SYDNEY MORRIS STITH MARK ANTHONY STONE ARLENE B
321 CLAY ST 77 215 TOLMAN CR RD 15 321 CLAY ST 18
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000
STYERS DONNA MAE TAYLOR BILLY P/FEN L THIEL ELISE
321 CLAY ST 23 215 TOLMAN CREEK RD 18 321 CLAY ST 19
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 CA 2900
THIRING DONALD C TOLMAN CREEK PARK LLC TRAVALLEE DANIEL
PO BOX 3556 1182 TIMBERLINE TERR 215 TOLMAN CR RD 23
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 CA 2900
TROWBRIDGE BRUCE MELVIN VALINE ROBERT ARTHUR VISAGORSKIS GENEALLE
321 CLAY ST 38 215 TOLMAN CREEK RD 2 215 TOLMAN CREEK RD 5
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 CC 1300 PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000
WAGNER CATHERINE TRUSTEE ET AL WATKINS MONNIE 0 WEBER PATRICK C
2101 BIRCHWOOD LN 215 TOLMAN CR RD 4 321 CLAY ST 66
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 CA 2900
WENDT JACK/SHARON WENNLUND KAREN LOU WIGHT DAVID EDWARD
321 CLAY ST 3 321 CLAYST111 215 TOLMAN CREEK RD 20
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00043 391 E11 CC 202 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
WILDMAN ROBERT/WILDMAN ALLISON WILLSON NANCY WINGSPREAD LLC
420 CLAY ST 321 CLAY ST 84 821 JACKSON ST
ASHLAND OR 97520 ASHLAND OR 97520 MEDFORD OR 97504
PA-2009-00043 391 E11 CA 2900 PA-2009-00043 391 E11 C 3000 PA-2009-00043 391 E11 C 3000
WINNER MELVIN RAY WITYSHYN MARILYN WRAIGHT CHARLES WALTER/TERRI
215 TOLMAN CR RD 22 321 CLAY ST 108 NEWTON
ASHLAND OR 97520 ASHLAND OR 97520 321 CLAY ST 102
ASHLAND OR 97520
P A- 2009-00043 PA-2009-00043 PA-2009-00043
Housing Authority of Jackson County Urban Development Services LLC Laurie Sager & Associates Inc
2251 Table Rock Rd 485 W Nevada St 700 Mistletoe Rd Ste. 201
Medford OR 97501 Ashland, OR 97520 Ashland, OR 97520
PA-2009-00043 PA-2009-00043 PA-2009-00043
Construction Engineering Consultants L.J. Friar & Associates Daniel R. Horton
P.O. Box 1724 816 W Eighth St 169 W. Main Street
Medford, OR 97501 Medford, OR 97501 Eagle Point, OR 97524
PA-2009-00043
Agate Engineering
1175 East Main Street
Medford, OR 97501
PA-2009-00043
Jackson County Roads, Parks & Planning
200 Antelope Road
White City, OR 97503
PA-2009-00043
Yehudit Platt
862 Michelle A v
Ashland, OR 97520
PA-2009-00043
Cate Hartzell
881 East Main St
Ashland, OR 97520
PA-2009-00043
Jody Zonnenschein
75 Brooks Lane
Ashland, OR 97520
PA-2009-00043
Bernice Koch
60 Crocker St
Ashland, OR 97520
PA-2009-00043
Joyce Woods
2308 Abbott
Ashland, OR 97520
PA-2009-00043
Brent Thompson
582 Allison St
Ashland, OR 97520
192
380 Clay St
2-11-09
P A-2009-00043
David 1. Pyles & Dan Dorrell
% ODOT Region 3/District 8
100 Antelope Road
White City, OR 97503
PA-2009-00043
Ruth Alexander & Heidi Parker
2645 Butler Creek Rd
Ashland, OR 97520
PA-2009-00043
Stan Druben
125 Brooks Ln
Ashland, OR 97520
PA-2009-00043
Aletha Lundblad
2165 Birchwood Ln
Ashland, OR 97520
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
FEBRUARY 10, 2009
CALL TO ORDER
Vice Chair Pam Marsh called the meeting to order at 7:05 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present:
Pam Marsh
Mike Morris
Debbie Miller
Melanie Mindlin
Tom Dimitre
Staff Present:
Bill Molnar, Community Development Director
Brandon Goldman, Senior Planner
Derek Severson, Associate Planner
Richard Appicello, City Attorney
April Lucas, Administrative Assistant
Absent Members:
Dave Dotterrer
Michael Dawkins
Council Liaison:
Eric Navickas
ANNOUNCEMENTS
Community Development Director Bill Molnar announced Michael Church has resigned from his position on the Planning
Commission.
CONSENT AGENDA
A. Approval of Minutes
1. January 13, 2009 Planning Commission Meeting
2. January 27, 2009 Planning Commission Study Session
Commissioners MorrislDimitre m/s to approve the January 13, 2009 and January 27,2009 meeting minutes. Voice
Vote: all AYES. Motion passed.
PUBLIC FORUM
No one came forward to speak.
TYPE II PUBLIC HEARINGS
Marsh read aloud the public hearing procedures for land use hearings.
A. PLANNING ACTION: 2009.00043
SUBJECT PROPERTY: 380 Clay Street
APPLICANT: Housing Authority of Jackson County
DESCRIPTION: A request for modification of the previously approved Planning Action #2004-00141 for the Willowbrook
Subdivision to allow a Land Partition creating three lots and Site Review to construct a 60-unit multi-family residential
affordable housing development for the property located at 380 Clay Street. A previously approved request for an
Exception to Street Standards to allow a portion of the sidewalk on Clay Street to be installed at curbside to
accommodate a cedar tree on the southwest corner of the site remains unchanged, and the application also includes a
request for a tree removal permit to remove 12 trees six-inches in diameter at breast height (d.b.h.) or greater where only
eight trees were previously approved for removal. (This property is owned jointly by the City of Ashland and the Housing
Authority of Jackson County. The 2004 Annexation and Performance Standards Subdivision approval for Willowbrook
Subdivision was for 107 residential units. The required minimum density of the site can be met through future
Ashland Planning Commission
February 10, 2009
Page 1 of 7
development of the remainder of the property.)
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP #:
391 E 11C; TAX LOT #: 2500
Declaration of Ex Parte Contact
Mindlin stated she was contacted by phone by a gentleman named Huelz, who indicated his disappointment that the project
did not meet Zero Net Energy standards.
Morris stated Huelz left the same message on his answering machine.
Dimitre received the same phone call, however he did not listen to the message left by Huelz.
Marsh received the same phone call from Huelz. He indicated the same concems outlined by Mindlin and shared his concerns
with the site's carbon footprint and urged the Commission to send the project back for modification. Marsh also performed a
site visit
Miller received the same phone call from Huelz and she also performed a site visit Miller declared that she had recently
contacted the Housing Authority to obtain updated subsidized housing figures, and clarified this application was not discussed
during that phone call.
Staff Report
Associate Planner Derek Severson presented the Staff Report and reviewed the size, location, and history of the property. He
explained this site was the subject of the Willowbrook Subdivision approval, which occurred in 2006, and he reviewed the
previously approved subdivision layout Severson clarified the improvements associated with the Willowbrook approval, and
noted the requirement for 17 affordable units and for the property to be developed to 90% of its base density.
Severson explained the current application proposes a three-lot land partition. Lot 1 would be approximately 4.32 acres in size
and preserved in City ownership for development at a future date. Lot 2 (which is roughly 4 acres in size) would be owned by
the Housing Authority and developed into 60 residential units. And Lot 3, which is 1.32 acres, would be preserved in City
ownership to protect the wetlands. Additionally, a 20 ft. strip would be preserved to provide a potential future connection
between Clay Street and Tolman Creek Road.
Severson reviewed the Housing Authority's site plan and explained they are proposing to develop 60 units in 10 buildings. He
noted the Applicant's request to remove 12 trees, and clarified the removal of 8 trees was previously approved. Severson
reviewed the tree removal plan, planting plan, conceptual utility plan, and proposed street improvements. He clarified the
proposed turn lane would not be installed if the median is placed on Ashland Street He also noted the Tree Commission's
recommendation to preserve a Black Oak tree on the property and their suggestion to transition the sidewalk in order to
preserve the Oak and the larger Cedar tree. Severson clarified the Tree Commission's recommendations have been
incorporated into the Findings that are before the Commission. He reviewed the proposed bioswale in the parkrow planting
strip and displayed samples of bioswales from a Portland development Severson stated staff believes the application meets
all the criteria and they are recommending approval with the noted conditions.
Severson was asked to comment on the future development potential for the area where the house is located. Severson
stated there has been some discussion of the City's Parks Department purchasing this property for a future parks connection
to the YMCA fields. He noted at this point, this not certain and depends on whether the Parks Department can obtain the
necessary funding to purchase the property.
Council Liaison Navickas arrived at 7:35 p.m.
Miller expressed concern with the additional vehicle trips per day that would be created by the 60 new units and asked if staff
had considered the traffic impacts. Severson clarified the original subdivision approval included a traffic study and outlined
necessary street improvements to accommodate 135 units. He stated these same improvements will occur with the
development of this property, even though the number of units has been reduced.
Marsh requested additional clarification on the proposed trail system through the property. Severson stated the intention is for
the trail connection to the YMCA to go in during the development of Lot 1. Marsh asked about the possibility of an interim
connection. Staff noted this lot will be under the ownership of the City and staff could work with the YMCA on this possibility.
Ashland Planning Commission
FebrualY 10, 2009
Page 2 of 7
Severson briefly commented on the street improvements and clarified the sidewalk would be required even if the right tum
lane goes away.
Applicant's Presentation
A revised planting plan was distributed to the Commission.
Mark Knox/485 W Nevada/Project's Representative/Mr. Knox introduced Landscape Architect Laurie Sager, Jason Elzy
and Betty McRoberts with the Housing Authority, Civil Engineer Mark Kamarath, Project Architect Dan Horton, and Wetlands
Specialist Lee Brennan.
Mr. Knox presented a site plan illustrating the street system, parking system, and context of the property in relation to the
surrounding neighborhood. He clarified the revised planting plan includes a community garden, which is a concept that came
out of the Tree Commission's review of this project. He also clarified they have no issues with adjusting the location of the
sidewalk, as requested by the Tree Commission, to protect the Oak tree.
Mr. Knox commented on the goals of this project, and stated this application meets all of the requirements that have been
imposed. He noted this project is 100% affordable housing and commented on the efforts of the Applicant to go above and
beyond the City's requirements in terms of wetland improvements, bioswales, and storm water quality. Mr. Knox noted the
common lawn area and playground on the site plan, and stated this is the where they would like to install the garden beds. He
commented that the buildings themselves are attractively designed, are oriented to the street, and respect the human scale.
He noted almost all of the units have porches, and all of the units have sidewalks that lead from the street to the buildings. Mr.
Knox commented on the improvements along Clay Street. He noted the possible future connections and felt the temporary
connection suggested by Commissioner Marsh was a great idea.
Lori Sager commented on the tree removals, and stated they believe they can reduce the number of removals to 11 and
preserve the Black Oak as suggested by the Tree Commission. She clarified 2 of the trees proposed for removal are dead,
and stated they have proposed the installation of 130 trees for this project, even though only 76 are required. Ms. Sager also
provided a brief overview of the proposed enhancements of wetland area.
Jason Elzy commented on the pedestrian connectivity throughout the project and the livability of the building design. He noted
the Housing Authority has been working on these types of projects for over 20 years and feels they have a good handle on
what works and what doesn't.
Public Testimonv
Yehudit PlaW862 Michelle Ave/Commented on the number of rental properties currently available in Ashland and questioned
whether this project was appropriate at this time. Ms. Platt expressed her concem that the9small pieces of natural area in
Ashland are being bought up, paved over, and developed. She stated the nature of Ashland is being transformed and feels it
is tuming into a congested town. She felt that more public outreach should have been done and asked if there are other
options besides putting in 60 more units.
Marsh clarified this project satisfies the R2 zoning requirements for density, and this is not at issue tonight.
Greg Gargus/400 Clay Street/Commented on the petition to save the trees that was circulated during the previous
subdivision approval. He asked why these trees are not being taken into consideration now, and stated the proposed road
could be jogged around the trees without a lot of effort. Mr. Gargus stated he is not opposed to affordable housing but thinks
this project could use some modification.
Cate Hartzell/881 E Main St/Stated she is a Housing Authority board member and is very proud of this project. She
addressed the tree removal issue and noted the previous approval had proposed to remove 8 trees, and this proposal is to
remove 11. She stated if anyone has concems with this they should query the age and condition of the tree, and noted the
additional landscaping that would be installed. Ms. Hartzell noted the previous traffic study that was completed and noted it
was based on a more rapid buildout of the property than is currently proposed. She voiced her support for the proposed
enhancement of the wetland. She also indicated the number of rental properties currently available in Ashland reflects what is
Ashland Planning Commission
February 10, 2009
Page 3 of 7
happening throughout the country and does not believe this will be sustained into the future. She stated this project goes a
long way towards sustainability efforts and encouraged the Commission to approve this project.
Albert Pepe/321 Clay Street/Stated he likes this proposal better than the previous project, but feels they have an opportunity
to create a more sustainable project. Aside from the housing development, he suggested using the remainder of the land for a
farm/garden project. Mr. Pepe suggested other concepts be included in the project, including orienting the buildings for a more
passive solar design and incorporating a water catchment system. He recommended the Commission rethink the overall
scope and design of this project.
Ruth Alexander/2645 Butler Creek Road/lndicated she was speaking on behalf of the Ashland School Board and
commented on the enrollment problem in Ashland. She stated there is not enough affordable housing in Ashland and families
are not moving here. She stated the location of this project is perfect and noted its close proximity to the various surrounding
schools. Ms. Alexander noted the results of a demography study completed by the School District and stated there is a good
chance the School District could see an increase in enrollment if more affordable housing was available in Ashland. She
asked that the Commission approve this project and stated it will help the town and help the schools. [An except of the
demographer's report was submitted to the Commission]
Heidi Parker/344 Bridge Street/Read aloud a letter from the Ashland School Board. The letter voiced the School Board's
support for this project and noted their awareness of Ashland's shortage of housing for working families. It stated Ashland has
been experiencing declining enrollment for nearly a decade and the most recent demographic report cites the lack of
affordable housing in Ashland as a major contributor to this problem. The letter voiced support for the location of this project
and noted its close proximity to local schools. The School Board letter voiced support for the Housing Authority in its endeavor
to bring this project to fruition and encouraged Oregon Housing and Community Services to provide the essential funding to
make it a reality.
Ms. Parker clarified the demography report was completed last year, and the number of available rental properties in Ashland
was taken into consideration.
Jody Zonnenshein/75 Brooks Lane/Stated her main concern, aside from what has already been said, is about the wetlands.
She stated wetland area was destroyed when Abbott Street was put in, and stated protecting the wetlands for the future does
not include building right up next to them. Ms. Zonnenshein stated the wetlands will not last if you build all around them and
asked the people involved with this project to pay close attention to this issue.
Bernice Koch/60 Crocker StreetNoiced her concerns regarding increased traffic. She stated there is already a speeding
problem in this area and stated an increase of 100-120 vehicle trips per day will also affect Abbott Street She added Abbott is
a very narrow street and should not be used as a major thoroughfare. Ms. Koch also voiced her concerns regarding the
protection of the trees and wetlands.
Stan Oruben/125 Brooks Lane/Agreed that there needs to be a better demographic mix in Ashland, but stated there are
better ways to create affordability than this project Mr. Druben noted the Applicant's request to cut down 3 additional trees
and questioned what this projects overall impact on the environment will be.
Joyce Woods/2308 Abbott Street/Stated Abbott Street has no posted speed limit, no crosswalks, no stop signs, and is
becoming more of a thoroughfare. She stated Abbott is just wide enough for two cars to pass and expressed her concerns
with how this project will impact this situation. Ms. Woods asked the Commission to not just consider the traffic impacts of the
development itself, but also the movability around the project. She also questioned how the water flow into the existing
wetlands would be impacted and voiced her concerns with the tree removals.
Brent Thompson/582 Allison Street/Stated the Planning Commission needs to reassure applicants that if they bring in a
project that includes structures up to the allowable height limit, it will be approved. He noted this projects two-story building
design and felt, in general, structures up to the height limits would allow for more open space and would be a more efficient
use of the land.
Ashland Planning Commission
February 10, 2009
Page 4 of 7
Applicant's Rebuttal
Mark Knox/Commented on some of the issues raised in the public hearing. He stated this project should be well known
throughout the community and noted the numerous meetings that were held during the annexation hearings. In regards to
jogging the location of the street, he stated this option was evaluated and was determined to not be a viable option. He noted
they addressed this issue with the Tree Commission and received unanimous approval for the current layout. Mr. Knox
clarified a number of the comments made tonight have already been addressed and noted the difficulty in getting to all the
details in the time allotted. He encouraged the Commission to support this project and stated it meets all of the criteria.
Marsh closed the record and the public hearing at 8:45 p.m.
Questions of Staff and Leaal Counsel
Staff was asked to comment on whether there is a buffer around the wetlands. Mr. Severson explained the previous
subdivision approval had the development right up next to the wetlands, however in this proposal the wetland is on its own lot
protected by City ownership. In addition, there is a 30 ft buffer.
Mr. Severson clarified all 60 units would be deed restricted affordable rentals. He also commented on the potential traffic
impacts and noted this project has a lesser impact than what was originally approved. In addition, the City's Engineering
Department reviewed the current proposal and did not indicate any issues. He noted the proposed right turn lane would be
installed before occupancy of these units, unless the median on Ashland Street is installed which would negate the need for
the turn lane. Mr. Severson commented on the concern raised about increased traffic on Abbott Street, and noted the
reserved space on this property that has been set aside for a future east-west connection. He clarified this is not part of this
proposal, but is something the Council wanted to see happen.
Staff commented on the development potential for Lot 1. Mr. Severson explained this lot could be developed with 47 units,
which would bring the entire property to 107 units and be consistent with the previous approval. However, if the Parks
Department acquires the land, there would be approximately 1-acre left for housing. And since 47 units is too many for 1-acre,
this would likely need to come back for modification at that point.
Mr. Molnar noted the questions raised by the Commission in regards to the traffic study and wetlands, and encouraged them
in the future to ask these types of questions when the Applicant and their professionals are before them, since it is ultimately
the Applicant's burden to satisfy their concerns.
Deliberations and Decision
Marsh asked each of the commissioners to cite their major and minor issues.
Mindlin noted the basic concept of this project has already been approved by the City Council and their decision criteria is
fairly slim. She stated she is disappointed that a project of this size does not have solar orientation, and has concerns about
the traffic impacts and the overall need for this type of development, but stated this is not under their purview tonight.
Morris cited his concerns regarding the amount of asphalt and parking, but agreed that the proposed project satisfies the
required criteria.
Dimitre shared his concerns with the tree removal and transportation issues and felt this project could have been done
differently.
Miller stated she does not believe this project meets the criteria for adequate transportation. She indicated the farmland was
lost as soon as this property was annexed into the City, and said the only way to reclaim some of that land is to have
community gardens.
Marsh commented on the difference between macro and micro planning. She stated a number of the speakers talked to the
larger "macro" issues, however that is not what is being reviewed tonight. She stated it is clear this project meets the criteria,
but recommended an additional condition for the installation of an interim connection to Tolman Creek before the final lot is
developed.
Ashland Planning Commission
February 10, 2009
Page 5 of 7
Commissioners Morris/Marsh m/s to approve Planning Action #2009-00043 with the proposed conditions, and an
additional condition for the temporary connection to Tolman Creek before the final lot is developed. DISCUSSION:
Mr. Severson clarified the following language would be added as Condition #10: "Prior to the occupancy of Lot 2, a temporary
bicycle and pedestrian path and any necessary modifications to the gate and fencing be provided across Lot 1 to the YMCA
fields. Jf Roll Call Vote: Commissioners Marsh, Mindlin and Morris, YES. Commissioners Dimitre and Miller, NO. Motion
passed 3.2.
Marsh asked staff to clarify the issue of community gardens and open space, since this issue has come up several times
recently. She also requested staff investigate the issue of height limits and what they are communicating to applicants.
Commissioners Morris/Mindlin m/s to approve the Findings for Planning Action #2009.00043. Roll Call Vote:
Commissioners Dimitre, Marsh, Mindlin, Morris and Miller, YES. Motion passed 5.0.
Commissioners Miller/Dimitre m/s to extend the meeting to 10:00 p.m. Voice Vote: all AYES. Motion passed 5.0.
TYPE III PUBLIC HEARINGS
A. PLANNING ACTION: 2008.02013
APPLICANT: City of Ashland
DESCRIPTION: Public Hearing regarding Ordinance Amendments to the Sign Regulation Chapter (18.96) of the
Ashland Land Use Ordinance, relating to changes in the type, size, number and materials of signage allowed within
residential and commercial zones.
Staff Report
Senior Planner Brandon Goldman delivered a presentation on the Sign Code ordinance amendments. He noted the two prior
meetings where the Commission has reviewed this item, and provided the following list of key changes and options for
consideration:
1) Area Definition: Option 1 calculates the area of a sign as bounded within a rectangle. This is how staff has
historically calculated the area. Option 2 creates new opportunities to consider circles, triangles and other
geometric shapes in calculating the area.
2) Public Art Definition: Mr. Goldman noted the recommendations from the Public Art and Historic Commissions,
and stated Staffs recommendation is to exempt public art from the Sign Code and revise the Site Design Review
standards to expand review of exterior changes to historic buildings to include public art.
3) Construction and Real Estate Signs: Option 1 limits the number to one 16 sq. ft. or 32 sq. ft sign
(residential/commercial), essentially requiring construction sites to aggregate their signs onto one sheet of
plywood. Option 2 permits multiple signs, up to 4, up to the allowable square footage.
4) Wall Graphics Definition: Mr. Goldman clarified currently wall graphics are prohibited, but the proposed
ordinance would allow wall graphics as long as they comply with the sign area limits.
5) Buildings with Multiple Frontages: Option 1 provides an additional 30 sq. ft for buildings with 3 or more
frontages with a maximum of 60 sq. ft. on any business frontage. Option 2 provides an additional square footage
allowance that is half that of the primary entrance for buildings with 3 or more frontages.
Mr. Goldman's presentation also addressed the maximum signage allowance, exempt incidental signs and three-dimensional
signs. He clarified a 3 cubic ft. three-dimensional (3D) sign would count as one incidental sign, and noted all 3D signs have to
be located on private property in the current draft. Mr. Goldman also indicated that after further review of the Downtown Task
Force recommendations, the 3 cubic ft. 3D sign limit is applicable to all of the City's historic districts, not just the downtown
area, and the current draft of the ordinance reflects this correction.
Mr. Goldman cited the Staff Report Addendum that was submitted to the Commission at the beginning of the meeting and
clarified in order to have public art on private property, an easement dedicated to the City would need to be provided. He
added public art has to be under the City's control, however it has been discussed that easements could be granted for a
limited amount of time.
Ashland Planning Commission
February 10, 2009
Page 6 of 7
Commissioners Miller/Mindlin m/s to extend meeting to 10:30 p.m. Voice Vote: all AYES. Motion passed 5.0.
Public Testimonv
George Kramer/366 North Laurel/Indicated he was a member of the Downtown Task Force. Mr. Kramer voiced concern with
the proposed change to allow wall graphics on historic buildings. He stated these graphics are virtually impossible to remove
from brick buildings, but applicants like to do them because they are inexpensive, and asked that the Commission leave the
prohibition in place. He commented on the 3D sign options and encouraged the Commission to consider Option 2. He
commented on the larger (20 cubic ft.) 3D sign provision and stated the parameters included in the ordinance will alleviate the
issues people are afraid of. He added large structures are expensive and he does not believe they will see many businesses
take advantage of this provision. Mr. Kramer commented on the public art provision and stated "Alfredo" (the statue outside
Wiley's Pasta) is not art and shared his concerns with blending the distinct lines between art and signs.
Steve Cole/1323 Mill Pond Rd/Owner of Sound Peace. Mr. Cole commented on the Tibetan prayer flags that were in front of
his business for over 10 years. He stated he does not know whether this is a sign or art, but stated these flags are seen all
over Ashland and add to the character of this town. He asked the Commission is there was anyway to allow him to keep his
flags.
Dana BussellNice Chair of the Public Arts Commission and also a member of the Downtown Task Force. Ms. Bussell voiced
concern with the 3D object provision and recommended the Commission proceed with caution on this issue. She warned once
these types of objects are allowed, they cannot be removed, and recommended they make individuals go through the public
art approval process instead.
Brent Thompson/582 Allison/Proposed the following option to simplify the wording of the additional frontages provision:
"Buildings shall be permitted one square foot of sign area for each linear foot of business frontage; the maximum sign area on
any single business frontage shall not exceed 60 sq. ft." Mr. Thompson added that he would differ to staffs expertise and as
the petitioner for this provision voiced his support for the proposed ordinance.
Marsh closed the record and the public hearing at 10:18 p.rn.
Questions of Legal Counsel and Staff
Marsh requested each commissioner outline their issues for staff and the following items were listed: 1) request of staff to
review possible options that would allow the prayer flags, 2) in regards to the additional frontages provision, request staff
consider making a differentiation between multiple businesses in one building and one business that has multiple frontages, 3)
request for staff to provide clarification on the 3D object material restrictions and sandwich boards in non-historic zones, and
4) address how this information in going to be presented to the public in a graphic way.
Commissioners Miller/Marsh m/s to continue this hearing to the February 24, 2009 Planning Commission meeting.
Voice Vote: all AYES. Motion passed.
ADJOURNMENT
Meeting adjourned at 10:30 p.m.
Respectfully submitted,
April Lucas, Administrative Assistant
Ashland Planning Commission
FebrualY 10, 2009
Page 7 of 7
Plan ng Commission
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speak: about.
2) Speak: to the Planning Commission from the table podium microphone.
3) State your name.and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
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3) State your name and address for the record.
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5) If you present written materials, please give a copy to the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak.
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Birchwood Lane Homeowners Association
2165 Birchwood Lane
Ashland OR 97520
City of A4.shIand
Planning Exhibit
EXHifJIT
February 5, 2009
City of Ashland
Planning Department
51 Winburn Way
Ashland OR 97520
Dear Sir or Madam:
I am writing to you in my capacity as President of the Birchwood Lane Homeowners
Association.
The residents of Birchwood Lane would like to voice their continued concern about the
possible opening of two easements in our development to pedestrians.
I have attached copies of a 2004 petition directed to Mr. Bill Molnar. Our concerns
remain the same as listed in the letter. Please advise us of future meetings regarding
Birchwood Lane residents.
Sincerely,
Aletha Lundblad
President
~., . ." i)
r -crt
Ashland Planning Commission
51 Winburn \Vay
Ashland, Oregon 97520
Attn: Bill Molnar
Re: Planning Action 2004-116
Dear Mr. Molnar:
Per our telephone conversation, the Board of Directors for the Birchwood Homeowners
Association and all residents of Birch wood Lane in Ashland, are very concerned
regarding the two public easements located on our street. Ultimately, we want these
easements removed and it is our understanding that we must present our case to the
Ashland City Council for a decision on this matter.
Currently, the property located adjacent to the east side boundary of Birch wood Lane is
under consideration by the Planning Commission for development of8 four-plexes and
an Ace Hardware store with low-income housing above the store (planning action 2004-
116). At a recent public forum regarding this proposed development, the subject of
opening this easement for public access was brought up. The Birchwood residents that
attended the meeting expressed their concerns and desire ~; not to open this easement for
public assess.
Our concerns are many. Birchwood Lane is a small cul-de-sac private street. The homes,
front landscaping and the street itself is maintained by the Homeowners Association via
monthly dues collected from all homeowners. We are constantly having to deal with kids
jumping our fences and skateboarding through our property, ruining sections of lawn,
breaking plants and leaving trash (drink cups, food containers) all over the property, all of
which must be replaced or removed at the homeowners expense. We have had homeless
people sleeping in our common area and people high on drugs (who we have since
learned live across the street in the mobile home park) running through Birchwood,
knocking on doors and screaming obsenities at the residents. We have called the police
on several occasions and were told to post "no trespassing" signs which we have done.
Ninety percent of our residents are elderly (65 and older) and many live alone. These
situations are very annoying and threatening, as well as costly to all of us that live here.
We have met with the builder/developer of the proposed development, Mr. Evan Archerd
. of Archerd & Dresner, and expressed our concerns over this easement. Mr. Archerd has
offered what we all hope will be a solution to this problem by incorporating into the
building plans a 10 foot paved path that will run from his property along the southern side
of the Birchwood property leading to lower Clay Street. This pathway could be used by
all pedestrians, bike riders, joggers, etc. and accomplishes the same results as would
opening the easement to public access. t,;)
;'
..:<1
We enclose the signatures of all Birchwood residents opposed to the easement and would
ask that it become part of the package to be submitted to the City Council when the
project moves forward for their approval. The Board of Directors would also be happy to
appear before the City Council to answer any questions they may have. Thank you for
your consideration in this matter.
Sincerely,
Birchwood Homeowners Association
j
."'~
BIRCHWOOD RESIDENTS - OPP'OSED TO OPENING THE PUBLIC
EASEMENTS LOCATED WITHIN THE BffiCHWOOD
DEVELOPMENT:
100/D OF"
']
.-
< .:t
February 10,2009
City of A:J'l!and
Planning I~xh1bit
City of Ashland Planning Commissioners
Ashland, Oregon
Comm issioners,
Subject: Affordable Housing on Clay Street
As the planning for the Clay Street Affordable Housing goes
forward, there are several important issues that need to be
addressed. They are:
1. Size of the Project.
Evidently, there is some consideration being given to
reducing the acreage but keeping the number of units the
same. This would create a very dense population to the
benefit of no one. Commissioners should plan this
development as if they were the ones going to live there.
Do not cram people into this project just so Ashland can
say they have a lot of affordable housing. To reduce green
space, parks, walking trails, and increase the density is
make this project take on the appearance and feel of a
"slum" project. This is something neither the residents nor
the City of Ashland wants or needs.
2. Traffic Planning.
The Clay Street project will increase the traffic flow by
minimum 120 additional vehicles which will travel on
surrounding roads twice a day.
Clay Street, with it's 25mph speed limit, already has a
speeding issue as vehicles go down hill towards East
Main. There is a real safety issue since there are no
sidewalks.
The increase in cars will also increase traffic on Abbott
Street, a very, very narrow residential street. Abbott Street
primary use was to be for the Chautauqua Trace residents,
not as a major thorough fare. Plans need to be made to
keep this increase traffic away from Abbott.
3. Future locations.
There is a concentration of affordable housing being built
in and around the Tolman and Clay Street location on the
southeast side of Ashland. It is understandable because
there is open land close to public transportation and other
services.
However, it would behoove the City of Ashland to diversify
future affordable housing projects in other areas of the
City. Otherwise, this area of the City will be referred to as
the 'low income area' or 'projects' or 'ghettos'. ..all names
that would do a serious discredit to the residents, the area,
and the City.
4. Wetlands.
The Clay Street affordable housing location involves some
major wetland areas. It is assumed the EPA has given its
approval to damage these wetlands.
The City of Ashland prides itself on its environmental
achievements and attitude. It has been proactive in
protecting the environment.
One has to really question just because the EPA says it
legal to damage these wetlands, the City should do so. In
some ways, it reminds one of the recent Wall Street
investment bankers developing speculative investment
vehicles. They knew it was not right and would fail but did
so just because it was profitable and legal.
The City of Ashland is much better than the current Wall
Street investment bankers. Please review this issue again
and give serious consideration of damaging this fragile
ares.
The citizens of Ashland are relying on your time and expertise
to make the correct decisions. Take time to do it right. Thank
you.
VerY truly yours, r
~~~~ ~~
60 Crocker Street
Ashland, OR 97520
CC Ashland City Council
Ashland Traffic Planning Commissioners
Ashland City Manager
*'
i' ('It,\' of Ashland
I Pltuming Exhibit
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a small increase in women of child-bearing ages. ,~.EQ!llrihutes-"UlQ4~~.t1trS:~!~Ffti, /'
population growth between birth and age five due to the City's eXj2ected success at
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}nc1uding some affordable family housing in future r~(jjc:l~nti~14E;velonments and a
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development climate that favors more multi-family and rentallJ,QJJ.sing,
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Chart 7
Ashland S.D. Birth Cohorts and Kindergarten Enrollment
200 ...
------------------- --------
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I 97 99 01 03 05 07 09 11 13 15 17 19 I
I School Year 1
L______.__~.__.____---._~~~----~----~-..-~.-.~---------~-~-~----j
Total K-12 enrollment is forecast to be relatively stable, especially when compared with
the loss f1720 students in the last 10 years. ~~2'~l'l9!l!!'~!)U"f9-"'!i~st.!9
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increases later in the 10 year forecast horizon, but secondary enrollments continue to
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ASHLAND TREE COMMISSION
PLANNING APPLICATION REVIEW
February 5, 2009
PLANNING ACTION: 2009-00043
SUBJECT PROPERTY: 380 Clay Street
APPLICANT: Housing Authority of Jackson County
DESCRIPTION: A request for modification of the previously approved Planning
Action #2004-00141 for the Willowbrook Subdivision to allow a Land Partition creating
three lots and Site Review to construct a 60-unit multi-family residential affordable
housing development for the property located at 380 Clay Street. A previously approved
request for an Exception to Street Standards to allow a portion of the sidewalk on Clay
Street to be installed at curbside to accommodate a cedar tree on the southwest comer of
the site remains unchanged, and the application also includes a request for a tree removal
permit to remove 12 trees six-inches in diameter at breast height (d.b.h.) or greater where
only eight trees were previously approved for removal. (This property is owned jointly by
the City of Ashland and the Housing Authority of Jackson County. The 2004 Annexation
and Performance Standards Subdivision approval for Willowbrook Subdivision was for
107 residential units. The required minimum density of the site can be met throughfuture
development of the remainder of the property.)
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential;
ZONING: R-2; ASSESSOR'S MAP #: 39 IE 11C; TAX LOT #: 2500
Recommendation:
1) Tree Commission recommends preservation of the Black Oak (Quercus kelloggi) #23
and moving the sidewalk meander between the Incense cedar (Calocedrus
decurrens) #1 and #23 to achieve critical root zone preservation of both trees. That a
revised Tree Protection and Preservation plan shall be submitted showing the
modification.
2) Prune Poplar (Populus trichocarpa) #15 and the Blue Atlas Cedar Cedrus atlantica
'Glauca') #11 to a safe manner prior to the street installation.
3) Include electric vault and transformers on the final landscaping plan and be assured of
the clearance required by the Public Utility Commission and the City of Ashland
Electric Department.
4) Provide a final irrigation plan prior to the submittal of the building permit to be
reviewed and approved prior to the issuance of the building permits.
5) Evaluate the use of the Washington Hawthorn in proximity to pedestrian gathering I
traffi c areas.
Department of Community Development
51 Winburn Way
Ashland, Oregon 97520
www.ashland.oLus
Tel: 541-488-5350
Fax: 541-552-2050
TTY: 800-735-2900
CITY OF
ASHLAND
ASHLAND PLANNING DEPARTMENT
STAFF REPORT
February 10, 2009
PLANNING ACTION:
#2009-00043
APPLICANTS:
Housing Authority of Jackson County
City of Ashland
LOCATION:
380 Clay Street
ZONE DESIGNATION:
R-2
COMPREHENSIVE PLAN DESIGNATION:
Low Density Multi-Family Residential
APPLICATION DEEMED COMPLETE:
February 2,2009
120-DAY TIME LIMIT:
June 2,2009
ORDINANCE REFERENCE:
18.61
18.72
18.76
18.88.050
Tree Preservation and Protection
Site Design Review
Partitions
Street Standards
REQUEST: A request for modifications and changes to the phasing of the previously approved
Planning Actions #2004-00141 and #2007 -00802 for the Willowbrook Subdivision to allow a Land
Partition creating three lots and Site Review to construct a 60-unit multi-family residential
development for the property located at 380 Clay Street. The application includes a request for a tree
removal permit to remove 12 trees six-inches in diameter at breast height (d.b.h.) or greater where
only eight trees were previously approved for removal.
I. Relevant Facts
A. Background. History of Application
In December of 2008, the Ashland City Council and the Housing Authority of Jackson
County entered into an Intergovernmental Agreement to purchase the property located at 380
Clay Street with the existing land use approvals in place and to jointly make application to
divide and develop the property as proposed in the current submittal materials.
In July of 2008, a request for a one-year extension of the Final Plan, Site Review, Tree
Removal, and Exception to Street Standards approval was granted through Planning Action
#2008-0 I 060.
In November of2007, a request for Final Plan Approval for a 53 lot, 107-unit multi-family
development under the Performance Standards Options chapter was approved
administratively as Planning Action #2007-00802.
Planning Action PA #2009-00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 1 of 18
In August of 2007, a request for a second one-year extension of the Outline Plan, Site
Review, Tree Removal, and Exception to Street Standards approvals was granted through
Planning Action #2007-01229.
In November of2006, a request for a one-year extension of the Outline Plan, Site Review,
Tree Removal, and Exception to Street Standards approvals was granted through Planning
Action #2006-02009.
In June of2006, the Annexation, Comprehensive Plan Map Amendment and Zone Change
associated with the Planning Commission approval of Planning Action #2004-00141 were
approved by the City Council.
In July of 2005, the Ashland Planning Commission approved the application for Outline
Plan, Site Review, Exception to Street Standards, and Tree Removal Permit for a 1 17-unit
multi-family development as Planning Action #2004-00141.
There are no other planning actions of record for this site.
B. Detailed Description of the Site and Proposal
The application involves the partitioning and partial development of an approximately ten-
acre parcel on the east side of Clay Street, between Ashland Street and East Main Street,
located at 380 Clay Street. The subject property was annexed into the city in 2006 with an R-
2 Low Density Multi-Family Residential zoning, and was subsequently granted Final Plan
and Site Review approvals for the development of the 107-unit Willowbrook Subdivision.
The Housing Authority of Jackson County and The City of Ashland jointly purchased the
subject property with the Willowbrook Subdivision approval in place in December of2008,
and now propose some modifications to that existing approval, including changes to the
project phasing, partitioning to create three lots, and Site Review approval to develop 60
multi-family residential units, with the remainder of the property able to accommodate
development to the required minimum density in a later phase.
The subject property is rectangular in shape, and slopes gently (approximately 3 Y2 -percent)
down to the north. An existing single family home, barn and other accessory structures are
situated on the southwest portion of the subject property near Clay Street. Approximately 30
trees six-inches in diameter at breast height (d.b.h.) or greater have been identified on the
site, with the vast majority of these located near the southwest comer of the property in the
vicinity ofthe existing residence and out buildings. The Tree Protection/Tree Removal Plan
included with the application identifies 12 trees scheduled for retention or removal, four
more than the eight trees approved to be removed under the Willowbrook Subdivision
approval.
The City of Ashland's Wetland and Ripatian Conidor Inventory and Assessment identifies
the location of a narrow wetland protruding into the northerly portion of the property. The
wetland is shown as part of a larger 112-acre wetland (#W13) consisting of a "gentle
topographic swale" that runs from south to north through the neighboring semi-rural
properties north of the project and extends through the eastern portion of Bud's Dairy
Subdivision, a housing development located further down Clay Street to the north. The
Planning Action PA #2009-00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 2 of 18
Willowbrook Subdivision was initially granted Outline Plan approval with 117 units and
1.21 acres of open space including wetlands and play areas, but subsequent wetland
delineation found that the actual wetland on the site was larger than originally suspected.
The Final Plan approval reduced the development 107 residential units with 1.25 acres of
open space, removed 12 parking spaces that had been proposed adjacent to the wetland, and
provided for the mitigation, enhancement and expansion of wetland area.
1. Land Partition to Create Three Lots
The Willowbrook Final Plan approval was to subdivide the property, creating 53 lots
and allowing for the construction of 107 residential units. The current application
proposes to modify this approval by opting for a Land Partition which would create
only three lots. The proposed Lot #1 would be approximately 4.32-acres in size, "L-
shaped", and would retain 47-units of the approved density for development in a
future phase. Lot #2 would be approximately four-acres in size, "L-shaped", and
would be developed with 60 residential units as the first phase of development ofthe
subject property. With the proposed development, Lot #2 would be retained under
the ownership of the Housing Authority of Jackson County. Lot #3 would be
approximately 1.31-acres in size and would remain as open space, under City-
ownership, to protect the existing wetland. The wetland would be enhanced with the
first phase of the development of the subject property. As part of the proposed
partition, a 20-foot wide strip extending from Clay Street to the rear of the subject
property would be retained with Lot #3 to enable future connectivity between Clay
Street and Tolman Creek Road along the full northern property line of the subject
property.
Access to the proposed lots would be from Clay Street, which would be improved to
City standards along the full frontage of the subject property as required in the
Willowbrook approval. Sidewalks, curbs and gutters would also be extended
northward along the east side of Clay Street to provide a continuous sidewalk
connection as required through the Willowbrook application. Two new internal
streets would be dedicated along the boundary between the second and third lots, and
would be improved to "half-street" standards by the Housing Authority of Jackson
County to provide access to accommodate their planned development of Lot #2. The
applicants also propose to install the widening improvements necessary for a right-
turn only lane at the intersection of Clay Street and Ashland Street with occupancy of
the first phase of the development, provided that a median restricting left-turn
movements at this location is not installed in the Ashland Street right-of-way before
then.
The second phase of development is to address the remaining 47 -units of available
density as well as completing the improvements of the half-streets, providing an
alley-connection to McCall Drive, and addressing the sidewalk improvements along
the "elbow" on the west side of Clay Street near the Ashland Street overpass.
Planning Action PA #2009-00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - 'Snowberry Brook" Staff Report.dds
Page 3 of 18
2. Site Review
The Housing Authority of Jackson County proposes to retain the "L-shaped" Lot #2
to develop 60 residential units as affordable housing. The proposed development
would consist of 12 one-bedroom units, 12 two-bedroom units, 26 two-bedroom
townhomes, and ten three-bedroom units spread over ten two-story building groups,
ranging from four to six units per group. The proposed buildings would be oriented
to the adjacent street frontages or to the nearby wetland, and street-fronting units are
to be provided with direct connections to the adjacent sidewalks. The buildings are
to be sided in standard siding with shingles at their pediment and base, with 3 Yz -inch
window and door trim and standing seam "cool" metal roofing to minimize heat gain
and water quality impacts. Each of the individual units is proposed to have its own
porch or balcony; the porches are to utilize six-by-six posts with wrapped bases to
provide more of a sense of permanence. The building exteriors are proposed to be
painted in earth tones.
Parking is proposed to be provided in two surface lots located beside and behind the
buildings, and the lOS-space automobile parking requirement is proposed to be
satisfied through a combination of 88 off-street spaces and 22 on-street credits.
Required parking lot landscaping and screened trash enclosures are provided adjacent
to the parking lots. 89 required bicycle parking spaces are to be provided in 15 six-
space bicycle parking structures near each of the proposed buildings, with an
additional four bicycle parking spaces to be provided at the proposed community
building.
To satisfy the eight-percent recreational space requirement, the application materials
submitted indicate that eight- to nine-percent ofthe subject property is to be provided
in recreational space, including several lawn areas and a centrally located neo-
Craftsman community building with a multi-purpose room, computer room,
restrooms, office, covered patios, bike parking and an adjacent children's play area.
The wetland on the City-owned Lot #3 is also proposed to be enhanced concurrently
with the Housing Authority of Jackson County's development, and while not
proposed as part of the required recreational space it represents a significant
additional amenity to residents. A wetland planting plan incorporating a viewing
platform and pedestrian access has been provided along with preliminary engineering
to enhance the wetland, and the subject property's landscape plan incorporates bio-
swale areas and plantings that integrate well with the planned enhancements to the
wetland. Permits necessary to accommodate these modifications to the approved-
plan for the wetlands under the Willowbrook Subdivision will be obtained through
the Division of State Lands.
3. Tree Removal Permit
As previously approved, the Willowbrook Subdivision proposal included the removal
of eight of the subject property's 30 trees. One of the large poplar trees which was
previously identified to be retained, previously identified as Tree #3, was removed
Planning Action PA #2009-00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 4of18
with a tree removal permit, when portions of its canopy split and fell endangering
adjacent homes. With the modifications proposed, twelve of the site's remaining
trees are proposed to be removed. Ofthese, the tree identified as Tree #17, a 40-inch
d.b.h. poplar that is proposed for removal to accommodate the placement ofthe new
east/west street, is by far the most significant. Ten of the 12 are proposed for
removal due to their locations relative to proposed road and sidewalk construction,
and the remaining two, an eight-inch d.b.h. almond (prunus dulcis) and a 12-inch
d.b.h. black locust (robinia pseudoacacia) which are now dead according to the
proj ect arborist' s assessment.
4. Exception to Street Standards
An Exception to Street Standards was approved with Planning Action #2004-00141
to allow a portion ofthe sidewalk along Clay Street to meander around a Cedar tree
located in the southwest comer ofthe property. The applicants propose to retain this
approved Exception to Street Standards unchanged under the current application.
II. Project Impact
While previously approved as a Performance Standards Subdivision under Chapter 18.88 to
create 53 lots and develop 107 residential units, the application now proposes to modify the
approval by partitioning the subject property into only three lots: Lot #1 which would
accommodate development of the 47-units of the property's approved density in a future
phase; Lot #2 which would be developed as a first phase involving the installation of street
improvements and the construction of 60 affordable housing units; and Lot #3 which would
contain the existing wetland to be enhanced and maintained in City-ownership. In addition
to the proposed three-lot Land Partition, the current application also includes a Site Review
approval request to construct the 60 multi - family residential units proposed on Lot #2, and a
Tree Removal Permit to remove a total of 12 trees over six-inches in diameter at breast
height (d.b.h.) where only eight trees were previously to be removed.
The City of Ashland and the Housing Authority of Jackson County propose to utilize
Community Development Block Grant (CDBG) funds to complete some of the necessary
infrastructure improvements associated with the proposed first phase of development. Given
federal requirements and deadlines tied to the use of these CD BG funds, the final survey plat
will need to be recorded and public right-of-way necessary for proposed street improvements
dedicated to the City prior to construction of these improvements. The timing of standard
"trigger points" within the conditions of approval - which would typically require
infrastructure installation or bonding prior to the City's sign-off of the final survey plat - have
been adjusted accordingly, and in staff's view the partnership between the City and the
Housing Authority through an intergovernmental agreement, their shared ownership of the
subject property, and the City Council's dedication of $345,000 in CDBG funds toward
public facility improvements for this 60-unit affordable housing project provides more than
adequate security to merit the relatively minor adjustments to the typical timing of the
conditions.
Planning Action PA #2009-00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 5 of 18
Chapter 18.108 of the Land Use Ordinance would typically allow a three-lot Land Partition
and Site Review for two or more residential units on a single lot to be handled through a
"Type I" procedure with administrative approval by the Staff Advisor. However, because the
Staff Advisor is employed by the City of Ashland (a property owner and co-applicant) the
application was scheduled for a hearing as a "Type II" procedure to provide for a decision by
the Planning Commission and avoid any conflict of interest.
A. Land Partition to create three-lots
The approval criteria for a Land Partition include requirements that an application
demonstrate that both the ''future use for urban purposes of the remainder of the tract" and
the "the development of the remainder of any adjoining land or access thereto will not be
impeded." In this instance, the proposal has reserved 47 units of the available density for
development ofthe proposed Lot #1 while also providing required protection for an existing
wetland on Lot #3. The applicants also have proposed to construct street improvements
along the property's frontage, to install half-streets to serve the proposed lots within the
project, to provide an additional 330-feet of sidewalks, curbs and gutters along the full
frontage of the neighboring property to the north to connect to an existing sidewalk, and to
reserve a 20-foot strip along the north property line to facilitate a future street connection
fi'om Clay Street to Tolman Creek Road.
There has been discussion of the future possibilities presented by City-ownership of Lot #1 to
provide additional park land associated with the adjacent YMCA fields and/or to develop an
east-west street connection from Clay Street to Tolman Creek Road, either as an extension of
the new street proposed by the Housing Authority on the southern portion of the subject
property or along the northern boundary ofthe site. While neither of these is included as part
of the current proposal, both the lot configuration proposed and the 20-foot strip reserved
along the subject propeliy's north boundary provide for future street connectivity and keep
these options open.
Staff believes that the proposal not only does not impede but in fact assists in the future
development of the proposed Lot #1 and of adjoining propeliies by providing access and
frontage improvements. In considering the future impacts of the proposed development, it
should also be noted here that the Willowbrook project, with the modifications proposed, is
specifically identified for its anticipated positive impacts on enrollment numbers in the
Ashland School District's recent "Population and Enrollment Forecasts: 2009-2010 to 2018-
2019" prepared by the Portland State University Population Research Center.
The subject property has not been partition in the last 12 months, and the proposed
partitioning here is not in conflict with any applicable laws, ordinances or resolutions.
Other than a narrow portion of upper Clay Street (at the sharp turn), Clay Street's existing
paved width in this vicinity is at least 20 feet as required for partition approval. The
applicants note that at the time of completion ofthe project's street work, this section will be
paved under necessary permits to ensure it satisfies the required minimum 20-foot width.
Planning Action PA #2009-00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 6 of 18
The application includes proposed street improvements to bring Clay Street to City standards
along the subj ect property's full frontage, as well as providing frontage improvements for the
neighboring property to the north in order to provide a continuous connection to the existing
sidewalk system, as required in the Willowbrook approval. In addition, the applicants
propose to provide half-street improvements for the two street sections interior to the
development, with the remaining interior street improvements to be fully completed
concurrently with the development of Lot # 1 in a future phase.
The application materials submitted include a "Conceptual Plan: Water, Sewer and Utility"
and a "Conceptual Plan: Draining, Grading and Sections" prepared by Construction
Engineering Consultants, the film that previously prepared the utility plans associated with
the Willowbrook Subdivision approval. Water, sewer, electric and storm drain utilities are
available in the Clay Street and McCall Drive rights-of-way to serve the project, and the
existing facilities along with proposed extension of services to serve the proposal have been
identified in conceptual utility and drainage plans provided with the application submittal. In
discussions with Engineering Division staff, they have indicated that adequate capacity can
and will be provided through the subject property utilizing existing facilities within the
rights-of-way and those additional facilities to be provided with the development.
B. Site Review
Applicable Ordinances
The first criterion for Site Review approval is that, "All applicable City ordinances have
been met or will be met by the proposed development." The proposed multi-family
residential units are a permitted use within the R-2 Low Density Multi Family Residential
District. Within this district, the base density is 13.5 dwelling units per acre. The
Willowbrook Subdivision approval and associated annexation were based on 8.8 net
buildable acres, after unbuildable areas such as the wetlands were excluded from the density
calculations, and the base density was 118.8 residential units (8.8 acres x 13.5 residential
units per acre). The Subdivision was initially proposed at 117 units, but this was reduced in
the Final Plan approval to 107 units to provide a more marketable mix of units while
accommodating the delineated wetland which turned out to be larger than had originally been
expected. Annexation requirements call for annexed properties to ultimately be developed to
90 percent of their base density, and the 107 residential units approved with the Willowbrook
Subdivision Final Plan represented development to 90 percent of the base density that had
been considered in the annexation. The current application proposes to develop Lot #2 with
60 residential units, while reserving the remaining 47 units necessary to satisfy the 90 percent
minimum density required in the original annexation for the development of Lot #1 in a later
phase. Development of the subject property with 107 residential units is consistent both with
the allowed density of the zoning district, and with the minimum density required of the
annexation approval.
Standard yard requirements within the R-2 zoning district call for front yards to be a
minimum of 15 feet excluding garages, however unenclosed porches are permitted with a
minimum setback often feet from the front property line. Side yards are required to be six
feet, except that side yards of a comer lot abutting a public street are required to have a ten
foot setback, and rear yards are required to provide a setback of at least ten feet per story. As
Planning Action PA #2009-00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 7of18
proposed, the application complies with all standard setback requirements, and calculations
have been provided demonstrating that the proposed buildings near the north property line
(buildings "0" and "H") comply with required "Standard A" solar setbacks as well.
The maximum allowed lot coverage within the zoning district is 65 percent and the
application as proposed requests to cover 63 percent of the site. The maximum building
height is limited to 35 feet or 2 Y2 stories, and the buildings here are proposed at 21 feet and
two-stories to comply with this requirement.
Site Review Chapter Requirements
The second Site Review criterion is that, "All requirements of the Site Review Chapter have
been met or will be met." The applicants have proposed to provide a four common refuse
and recycling containers to provide convenient access for residents of each building, and the
plans provided include details of the required screening. Conditions have been
recommended below to require that they be installed prior to occupancy, and that compliance
with restrictions on the direct illumination of surrounding properties be demonstrated by
providing specifications for proposed exterior lighting fixtures with the building pelmit
submittals.
The application proposes to limit motor vehicle access to the proposed Lot #2 to two
consolidated driveway access points from the proposed new streets. The project complies
with controlled access standards which require that driveways on residential streets be a
minimum of35 feet from intersections and a minimum of 50 feet from the nearest driveway.
As proposed, the new driveway on the east/west street is approximately 190 feet east of Clay
Street, and the new driveway on the north/south street is more than 300 feet from the
intersection to the south.
Site Design & Use Standards
The third approval criterion is that, "The development complies with the Site Design
Standards adopted by the City Councillor implementation of this Chapter." The Site Design
Standards address building orientation, streetscape, open space, natural climate control and
building materials. In terms of orientation, buildings are to have their primary orientation to
the street, are to comply with required setbacks, and are to be accessed from the street and
sidewalk. The streets cape is to include street trees and appropriate front yard landscaping,
and landscaping is to include a variety oflocally-adapted trees, shrubs and flowering plants
with as many of the existing, healthy trees to be preserved as possible. Trees are to be
selected to provide natural climate control for the site, and parking areas are to be located
behind or beside buildings and shaded by large canopied trees and buffered from adjacent
uses. All landscaping is to be irrigated. Building materials and colors are to be compatible
with the surroundings and very bright or neon colors are not to be used. The proposed site
and building designs respond directly to these requirements, and integrate the site's design,
drainage facilities, and landscaping elements with the adjacent wetlands on Lot #3 to a
degree that is advantageous to the wetlands, the development, and the neighborhood at large.
An area equal to at least eight percent of the subject property's total lot area is required to be
dedicated to open space for recreational use by the tenants of the development; to satisfy the
requirement, an area is required to be treated in a surface suitable to human recreational use
Planning Action PA #2009-00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 8 of 18
and may not be covered with shmbs, bark mulch, etc. The submittal materials indicate that
eight percent of the subject property, or 12,245 square feet is to be provided as recreation
space, including a community building, a play area, and several lawn areas located around
the development. The application further notes that additional open space areas not included
in these calculations are spread throughout the property, including bio-swale areas, areas
between the buildings, and individual porches and balconies. In staff's view, the relatively
large recreation areas spread around the site, combined with the community building, play
area, porches and balconies, and the proximity to the wetlands on Lot #3 will greatly enhance
the livability of the proposed development.
Adequate Capacity
The final criterion for Site Review approval is, "That adequate capacity of City facilitiesfor
water, sewer, paved access to and through the development, electricity, urban storm
drainage, and adequate transportation can and will be provided to and through the subject
property. All improvements in the street right-of-way shall comply with the Street Standards
in Chapter 18.88, Performance Standards Options." Water, sewer, electric and storm drain
utilities are available in the Clay Street and McCall Drive rights-of-way to serve the project,
and the existing facilities along with proposed extension of services have been identified in
conceptual utility and drainage plans provided with the application submittal. In discussions
with Engineering Division staff, they have indicated that adequate capacity can and will be
provided through the subject property utilizing existing facilities within the rights-of-way and
those additional facilities to be provided with the development.
Engineering Staffhave noted that the conceptual plans will need to be modified in preparing
engineered civil drawings: utility easements will need to be clearly identified, another fire
hydrant (in addition to the three hydrants already identified in the plans) will need to be
installed near the driveway entrance nearest to Clay Street, electric plans will need to address
service stub-outs for future development of adjacent parcels and conduit installation under
the sidewalks, street light placement to current standards noted, meter sizes and placement
verified, storm drainage within the proposed street addressed and necessary catch basins
provided. It was also noted that the sewer line at the project's northern boundary will need to
be slightly relocated so that its location is beneath the future street rather than the future
sidewalk. In addition, Engineering staff have indicated that the applicant's drainage plans
will need to include calculations necessary to demonstrate that proposed on-site detention of
stOllliwater restricts post-development peak stormwater flows to levels less than or equal to
pre-development levels while providing adequate flows to preserve the hydrology of the
wetland on the neighboring property to the north. The applicant has been made aware of
these issues, and conditions have been proposed below to require that detailed preliminary
civil engineering drawings addressing street improvements, utilities and drainage plans be
provided for review with the submittal of the final survey plat, with plans to be finalized and
approved prior to the building permit issuance.
Clay Street, a collector street under Jackson County's jurisdiction in this vicinity, provides
paved access to the site. The subject property's Clay Street frontage is paved, but lacks
sidewalks, park row planting strips, street trees, street lights, curbs and gutters. Under the
existing Willowbrook Subdivision approval, a number of street improvements were required
with development of the subject property in order to provide for adequate transportation:
Planning Action PA #2009.00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 9 of 18
Frontage Improvements
Clay Street was to be improved to comply with City of Ashland Local Street
Standards along the entire frontage of the subject property. These improvements
were to include 28 feet of pavement overlay to include two travel lanes and an
approximately six-foot bike lane, curb, gutter, storm drains, 7-Y2 foot planting strip
and a six-foot wide public sidewalk. The applicants propose to provide these
required improvements as part of the first phase of development of the property as
well. The conditions of approval proposed below include modifications to allow for
submittal ofthe final engineered drawings for review and approval with the building
pelmits, and completion prior to the issuance of an occupancy permit.
Connection to Existing Sidewalk System to the North
Half-street improvements including curbs, gutters, storm drain facilities, planting
strip and public sidewalk were required to be installed along the full street frontage of
the property immediately to the north (39 IE IICB Lot #1100) of the subject
property. These improvements were to be consistent with Ashland's Local Street
Standards and allow for a smooth transition to the adjoining sidewalk network. The
applicants propose to provide these improvements as part of the first phase of
development of the property as well. The conditions of approval proposed below
include modifications to allow for submittal of the final engineered drawings for
review and approval with the building permits, and completion prior to the issuance
of an occupancy permit.
Right- Turn Only Lane at Ashland Street Intersection
A right-turn only lane on southbound Clay Street at Ashland Street was required to be
engineered and installed. The design was to include widening ofthe pavement width
at the intersection; the installation of curb, gutter and storm drainage facilities if
applicable; and sidewalks from the Clay Street/Ashland Street intersection to and
through the bend (i.e. elbow) in Clay Street to the existing curb and sidewalk on the
west side. As part of the proposed modifications to the project phasing, the
applicants have proposed some revisions to these required improvements.
With the recent development approval for 2200 Ashland Street, the Oregon
Department of Transportation (ODOT) has indicated that a median is necessary
within the Ashland Street right-of-way to limit left turn movements both from the
2200 Ashland Street site and from southbound Clay Street in order to address sight-
distance concerns. While the Planning Commission did not require median
installation as a condition of the 2200 Ashland Street approval, the Ashland Street
right-of-way is an ODOT facility, and the Planning Commission decision recognized
that a median might be required through the ODOT permitting process. Because the
need for a right-turn only lane would be eliminated by the installation of a median
restricting left-turns at this location, the applicants propose to delay installation ofthe
widening improvements for a right-turn only lane until the first certificate of
occupancy for the development of Lot #2, with the remaining improvements
including curb, gutter, storm drainage, and sidewalks to be defelTed until the
development of Lot # 1, with the understanding that the improvements for the right-
Planning Action PA #2009-00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 10 of 18
turn only lane would not be required if a median were installed prior to this time.
The application explains that these requirements were imposed based on a traffic
impact analysis of the potential build-out of the site to its maximum allowable
density of approximately 130 units. As proposed, the current application is to build
only 60 units with a remaining 47 units (for a total of 107) to be built-out with
completion of a second phase. The application explains that the 660-feet of new
sidewalk, planting strip, curbs, and gutters along the subject property's frontage and
330 additional feet of improvements along the neighboring property to the north's
frontage, a continuous sidewalk system on Clay Street will be provided from
Dollarhide Way to Ashland Street. The submittal concludes that the current
development represents only 56 percent of the approved density and only 46 percent
of that originally considered in the traffic impact analysis, and as such argues that the
proposal to defer installation of the remaining approximately 350-feet of
improvements until the later phase is more than equitable. Staff concurs with this
assessment.
Internal Street Improvements
All new public streets within the development were required to be improved to
Ashland's Local Street Standards, with a minimum street width of 22 feet at
intersections and a minimum width of 26-28 feet when accommodating on-street
parking on both sides of the street. The application proposes to comply with these
standards through the installation of half-street improvements within a proposed 52-
foot right-of-way width during the first phase, with the remainder of the
improvements to be completed with development of Lot # 1.
A connection to McCall Drive was proposed in the Willowbrook application, and while it
was not a specifically conditioned requirement of the approval a connection has been
identified over Lot #1 to show how this routing could be integrated into the internal street
network of the subject property with the development of Lot #1.
While not a requirement of the Willowbrook approval or a proposal within the current
application, recent applications have recognized the need for an east-west street connection
from Clay Street to Tolman Creek Road. As such, the application proposes to preserve a 20-
foot wide strip ofland along the subject property's northernmost boundary in City-ownership
to partially accommodate a street connection if that were the route chosen and built-out with
future development. City ownership of Lot #1 also preserves the future option to provide an
east-west street connection by extending the east-west street segment proposed to be installed
by the Housing Authority.
C. Tree Removal Permit
As noted above, the Willowbrook Subdivision proposal included removal of eight of the
subject property's 30 trees. One of the large poplar trees which was previously to have been
retained, identified as Tree #3 in the Willowbrook submittals, was removed with a tree
removal permit after portions of its canopy split and fell endangering adjacent homes.
With the modifi cations proposed herein, twelve of the site's remaining trees are proposed for
removal. Two of the 12 trees, an eight-inch d.b.h. almond (prunus dulcis) identified as #24
Planning Action PA #2009-00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 11 of 18
and a 12-inch d.b.h. black locust (robinia pseudoacacia) identified as #18 are now dead
according to the proj ect arborist' s assessment. The other ten are proposed for removal due to
their locations relative to proposed road and sidewalk construction. Of these, the tree
identified as Tree #17, a 40-inch d.b.h. poplar that is proposed for removal to accommodate
the placement ofthe new east/west street, is by far the most significant. An even larger 70-
inch poplar identified as #15 and located approximately 50-feet south is to be preserved and
protected.
The application materials provided note that alternative site designs were considered, but that
the current proposal was ultimately reached due to the configuration ofthe property, access
management standards, and required minimum density. It goes on to explain that while no
tree removals are requested on a hazard basis, that it should be noted that poplars are very
prone to limb breakage which is a concern here given their size and the significant limb
breakage encountered with the tree removed in 2006. Staff would also note that poplars are
generally prohibited as City street trees for these reasons. The submittal concludes that based
on the project's arborist's assessment, the proposed removals will not have significant
negative impacts on erosion, soil stability, flow of surface waters, protection of adjacent trees
or windbreaks, and adds that more than 12 trees are to be planted to mitigate the impacts of
the proposed removals.
D. Exception to Street Standards
The original staff report for the Willowbrook Subdivision explained that this was a relatively
minor exception to the City Street Standards in order to permit the installation of a small
segment of curbside sidewalk along Clay Street to retain an existing, l8-inch diameter at
breast height (d.b.h.) cedar tree. At that time, staff expressed support for the requested
Exception, noting that the location, size and health of the tree presented a clear difficulty to
complying with City street standards and that the proposed Exception would not compromise
the use of the public sidewalk given the relatively small adjustment in sidewalk
configuration. The Exception was ultimately approved by the Planning Commission, and
both the request and the circumstances underlying the previous approval remain unchanged
in the current application.
III. Procedural - ReQuired Burden of Proof
The criteria for preliminary approval of a Land Partition are described in AMC 18.76.050 as
follows:
A. The future use for urban purposes of the remainder of the tract will not be
impeded.
B. The development of the remainder of any adjoining land or access thereto
will not be impeded.
C. The tract of land has not been partitioned for 12 months.
D. The partitioning is not in conflict with any law, ordinance or resolution
applicable to the land.
Planning Action PA #2009-00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 12of18
E. The partitioning is in accordance with the design and street standards
contained in the Chapter 18.88, Performance Standards Options.
F. When there exists adequate public facilities, or proof that such facilities can
be provided, as determined by the Public Works Director and specified by
City documents, for water, sanitary sewers, storm sewer, and electricity.
G. When there exists a 20-foot wide access along the entire street frontage of
the parcel to the nearest fully improved collector or arterial street, as
designated in the Comprehensive Plan. Such access shall be improved with
an asphaltic concrete pavement designed for the use of the proposed street.
The minimum width of the street shall be 20-feet with all work done under
permit of the Public Works Department.
1. The Public Works Director may allow an unpaved street for access for
a minor land partition when all of the following conditions exist:
a. The unpaved street is at least 20-feet wide to the nearest fully
improved collector or arterial street.
b. The centerline grade on any portion of the unpaved street does
not exceed ten percent.
2. Should the partition be on an unpaved street and paving is not
required, the applicant shall agree to participate in the costs and to
waive the rights of the owner of the subject property to remonstrate
both with respect to the owners agreeing to participate in the cost of
full street improvements and to not remonstrate to the formation of a
local improvement district to cover such improvements and costs
thereof Full street improvements shall include paving, curb, gutter,
sidewalks and the undergrounding of utilities. This requirement shall
be precedent to the signing of the final survey plat, and if the owner
declines to so agree, then the application shall be denied.
H. Where an alley exists adjacent to the partition, access may be required to be
provided from the alley and prohibited from the street.
The criteria for Site Review approval are described in AMC 18.72.070 as follows:
A. All applicable City ordinances have been met or will be met by the proposed
development.
B. All requirements of the Site Review Chapter have been met or will be met.
C. The development complies with the Site Design Standards adopted by the
City Council for implementation of this Chapter.
D. That adequate capacity of City facilities for water, sewer, paved access to
and through the development, electricity, urban storm drainage, and
adequate transportation can and will be provided to and through the subject
property. All improvements in the street right-of-way shall comply with the
Street Standards in Chapter 18.88, Performance Standards Options.
Planning Action PA #2009-00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 13 of 18
The criteria for Tree Removal Permits are described in AMC 18.61.080 as follows:
A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard
tree if the applicant demonstrates that a tree is a hazard and warrants
removal.
1. A hazard tree is a tree that is physically damaged to the degree that it
is clear that it is likely to fall and injure persons or property. A hazard
tree may also include a tree that is located within public rights of way
and is causing damage to existing public or private facilities or
services and such facilities or services cannot be relocated or the
damage alleviated. The applicant must demonstrate that the condition
or location of the tree presents a clear public safety hazard or a
foreseeable danger of property damage to an existing structure and
such hazard or danger cannot reasonably be alleviated by treatment
or pruning.
2. The City may require the applicant to mitigate for the removal of each
hazard tree pursuant to AMC 18.61.084. Such mitigation
requirements shall be a condition of approval of the permit.
B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a
tree that is not a hazard if the applicant demonstrates all of the following:
1. The tree is proposed for removal in order to permit the application to
be consistent with other applicable Ashland Land Use Ordinance
requirements and standards, including but not limited to applicable
Site Design and Use Standards and Physical and Environmental
Constraints. The Staff Advisor may require the building footprint of the
development to be staked to allow for accurate verification of the
permit application; and
2. Removal of the tree will not have a significant negative impact on
erosion, soil stability, flow of surface waters, protection of adjacent
trees, or existing windbreaks; and
3. Removal of the tree will not have a significant negative impact on the
tree densities, sizes, canopies, and species diversity within 200 feet of
the subject property. The City shall grant an exception to this criterion
when alternatives to the tree removal have been considered and no
reasonable alternative exists to allow the property to be used as
permitted in the zone. Nothing in this section shall require that the
residential density be reduced below the permitted density allowed by
the zone. In making this determination, the City may consider
alternative site plans or placement of structures or alternate
landscaping designs that would lessen the impact on trees, so long as
the alternatives continue to comply with other provisions of the
Ashland Land Use Ordinance.
4. The City shall require the applicant to mitigate for the removal of each
tree granted approval pursuant to AMC 18.61.084. Such mitigation
requirements shall be a condition of approval of the permit.
Planning Action PA #2009-00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 14of18
IV. Conclusions and Recommendations
Overall, staff believe that the proposed modifications and changes to the phasing of the
previously approved Planning Actions #2004-00141 and #2007 -00802 for the Willowbrook
Subdivision to allow a Land Partition creating three lots and Site Review to construct a 60-
unit multi-family residential development, and tree removal permit to remove 12 trees are
consistent with the applicable approval criteria and with the original requirements attached to
the Willowbrook approval.
From staff's perspective, the Housing Authority and their design team merit recognition not
only for their willingness to partner with the City to bring this project forward, but also for
their willingness to incorporate Ashland's site design standards into the project and to
integrate the adjacent wetlands with the open space and landscaping of the project to greatly
benefit the livability of the Snowbeny Brook development. The palinership with the
Housing Authority and the proposed modifications to the Willowbrook Subdivision's
approval represent a true win-win situation for the City in addressing the transportation
infrastructure needs and minimum density requirements of the annexation while enhancing
and protecting a locally-significant wetland and providing 60-units of much needed
affordable housing where only 17 units were previously to have been provided. With this in
mind, staff would strongly recommend approval of the application with the following
conditions attached:
1) That all proposals of the applicant shall be conditions of approval unless
otherwise modified herein.
2) That prior to any disturbance occurring on the site or the issuance of a building,
excavation or demolition permit, a Tree Verification Pem1it shall be obtained.
Required tree protection measures detailed in AMC 18.61.200 shall be installed,
inspected and approved by the Staff Advisor prior to any development activities,
including, but not limited to clearing, grading, excavation or demolition work, or
storage of materials, and shall be removed only after completion of all construction
activity, including landscaping and ilTigation installation. An agreement shall be
recorded requiring the remaining poplar situated at the southwest comer of the site to
be protected and preserved in accordance with the approved Tree Protection/Tree
Removal Plan (Applicant's Exhibit L-1.0). Any modifications or amendments to the
plan would be processed through a Tree Removal Permit procedure. The southwest
comer of the property as delineated on the Tree Protection/Tree Removal Plan
(Applicant's Exhibit L-1) would not be covered by Exempt Tree Removal Activities,
Section 18.61.040.C as described in the Land Use Ordinance.
3) That the Housing Authority of Jackson County shall obtain a Demolition/Relocation
Review Permit if deemed necessary by the Building Official prior to the removal of
any structures necessary to complete the proposed road construction as required in
Section 3d of the Clay Street Intergovernmental Agreement.
4) That prior to signature of the final survey plat:
a) A preliminary utility plan for the project be reviewed by the Engineering,
Planning Action PA #2009-00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 15of18
Electtic, Building and Planning Divisions prior to signature of the final
survey plat. The final utility plan for the project shall be reviewed and
approved by the Engineering Division and Building Division at the time of
building permit submittals. The utility plan shall include the location of
connections to all public facilities in and adjacent to the development,
including the locations of water lines and meter sizes, sewer mains and
services, manholes and clean-outs, storm drainage pipes and catch basins.
b) The identification, relocation and piping of existing irrigation facilities shall
be addressed at the time of final plat submittal, and shall be finalized with the
building pelmit submittals. The design, relocation and installation of
irrigation system shall be reviewed and approved by the Talent Irrigation
District prior to the City of Ashland approval of the final engineering
construction documents. The irrigation facilities shall be installed as part of
the overall public infrastructure requirements.
c) The engineering design of all on-site storm water detention systems (i.e.
wetland/detention system) shall be reviewed prior to signature of the final
plat and approved by the Public Works Department, Building Official and
Staff Advisor at the time of Building Permit submittals, the commencement
of public infrastructure installation or the issuance of an excavation permit.
The design of the wetland/detention shall incorporate required pollution
control systems (if applicable), while the discharge shall be designed so as
not to significantly increase the volume of runoff beyond pre-development
amounts on the property to the north. The pennanent maintenance of on-site
storm water detention systems must be addressed in a manner approved by
the Public Works Depmiment and Building Division, and a preliminary
operations and maintenance plan provided for review with the final survey
plat.
d) The requirements of the Ashland Fire Department, including approved
addressing and directional signage; fire fighter access; fire apparatus access
including improvements, turn-around, angle of approach, necessary
easements and signage; fire flow; and hydrant installation shall be clearly
addressed in the preliminary utility plans. Final engineered construction
drawings shall be reviewed and approved by the Ashland Fire Department at
the time of building permit submittal.
5) That building permit submittals shall include:
a) The applicant shall submit an electric disttibution plan including load
calculations and locations of all primary and secondary services including
transformers, cabinets and all other necessary equipment. This plan must be
reviewed and approved by the Electric Depmiment prior to building permit
submittal. Transformers and cabinets shall be located in areas least visible
from streets, while considering the access needs ofthe Electric Department.
b) That the engineering construction drawings for Clay Street comply with City
of Ashland Local Street Standards. Clay Street shall be improved along the
entire frontage ofthe property. Improvements to Clay Street shall consistent
approximately with the following standards: 28 feet of pavement overlay
width (includes two travel lanes and an approximately six-foot bike lane),
Planning Action PA #2009-00043
Applicant: Housing Authority 01 Jackson County/City 01 Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 160118
curb and gutter, storm drains, 712-foot planting strip and a six-foot wide
public sidewalk. The civil plans shall include profiles and cross sections,
with erosion control and slope stability methodologies installed consistent
with the standards contained in AMC l8.62.080B.
c) Engineered designs for a right-turn only lane on southbound Clay Street at
Ashland Street shall be provided at the time of building permit submittals.
These engineered designs shall include the widening of pavement width at the
intersection; installation of curb and gutter, storm drain facilities (if
applicable) and sidewalks from the Clay Street/Ashland Street intersection to
and through the bend (i.e. elbow) in Clay street to the existing curb and
sidewalk on the west installed as part of the overall public infrastructure
requirements for the subdivision. Widening improvements for the right-turn
only lane may be deferred until issuance of a Certificate of Occupancy Permit
with all other improvements noted herein to be deferred until Lot #1 is
developed. Widening improvements for the right-turn lane shall not be
required to be completed if a median on Ashland Street is installed
prohibiting east bound (left) turning movements from Clay Street onto
Ashland Street (Highway 66) prior to the issuance of the first Certificate of
Occupancy.
d) The recommendations of the Ashland Tree Commission noted at their
February 5,2009 meeting, where consistent with Ashland's Site Design and
Use Standards and Tree Preservation Ordinance and with final approval by
the Staff Advisor, shall be incorporated into a revised Landscaping Plan (if
applicable) prior to building permit submittal. The recommendations shall be
included on a revised landscaping plan and final irrigation plan at the time of
submission of building permit.
e) That refuse and recycling facilities shall be identified in conjunction with the
design of each building and in accordance with the standards described in
Section 18.72.115 of the Ashland Land Use Ordinance prior to issuance of a
building permit, and shall be installed according to approved plans, inspected
and approved by the Staff Advisor prior to the issuance of a Certificate of
Occupancy.
f) That the color, texture, dimensions, shape and building materials for all
exterior components of the proj ect be included at the time of submission of
building permit. The information shall be consistent with the colors, texture,
dimensions and shape of materials and building materials proposed and
approved as part of the land use application.
g) That required bicycle parking shall be identified on plans submitted at the
time of building permit review. The bicycle parking shall be designed and
installed consistent with the standards described in 18.92.040 and shall be
inspected and approved by the Staff Advisor prior to the issuance of a
Certificate of Occupancy. '
h) That specifications for all exterior lighting fixtures shall be included at the
time of submission ofthe building permit. Exterior lighting shall be directed
on the property and shall not directly illuminate adjacent proprieties.
Planning Action PA #2009-00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 17 of 18
6) That prior to the issuance of a building permit:
a) That the engineered construction drawings for all new public streets within
the project shall comply with City of Ashland Local Street Standards. The
minimum street width shall be no less than 22 feet in width at intersections
(unless permitted by the Ashland Fire Department), and a minimum width of
26 to 28 feet when accommodating on-street parking on both sides of the
street. Plans to include profiles and cross-sections, with erosion control and
slope stability methodologies installed consistent with the standards
contained in AMC l8.62.080B.
b) The applicants shall submit a wetland delineation and wetland
mitigation/enhancement plan that has been reviewed and approved by the
Oregon Division of State Lands and the Engineering, Building and Planning
Divisions. Such plans shall include civil engineering specifications for any
water detention, water treatment and water distribution.
c) That prior to issuance of a Building Pelmit, the Housing Authority of Jackson
County shall record deed restrictions in accordance with the City of
Ashland's Affordable Housing Standards.
7) That prior to the issuance of a certificate of occupancy, a "half-street" improvement
including curb and gutter, storm drain facilities, planting strip and public sidewalk
shall be installed along the street frontage of the neighboring property to the north (39
1 E 11 CB, #1100). The design of these improvements shall be consistent with
Ashland's Local Street Standards, allow for a smooth transition to the adjoining
sidewalk network and be provided prior to issuance of a Certificate of Occupancy
Permit. Such improvements shall be installed as part of the overall public
infrastructure requirements for the project.
8) At the time that Lot # 1 is developed, engineered construction drawings for the project
addressing the design and installation of public multi-use pathways, fence and gates
from the subject property to the City of Ashland Parks! Ashland Family YMCA
Soccer Fields shall be provided. The design of any multi-use pathways shall be in
accord with City Local Street Standards, reviewed by the Director of the Ashland
Parks Department, and approved by the Staff Advisor prior the installation of
improvements associated with the development of Lot #1. That the development and
surfacing (i.e. all weather surface) of the multi-use pathway at the south boundary of
the project be extended through the existing easement on the adjoining parcel to the
south (tax lots #200 and 201). A design for the pathway shall be submitted at the
time of any Building Permit approval for Lot #1 and installed as pati of the lot's
public infrastructure.
9) That the owner of Lot #1 shall remain responsible for the pruning and continual
monitoring of the remaining poplar tree. The owner of Lot #2 shall be responsible
for the maintenance of their storm water detention facilities, including for bio-swales
to be installed in the Clay Street park row planting strip.
Planning Action PA #2009-00043
Applicant: Housing Authority of Jackson County/City of Ashland
Ashland Planning Department - "Snowberry Brook" Staff Report.dds
Page 18 of 18
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SNOWBERRY BROOK RESIDENTIAL HOUSING
An affordable housing development for the
Housing Authority of Jackson County for
380 Clay Street
4
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TREE REMOVAL PERMIT ADDENDUM
18.61.080 CRITERIA FOR ISSUANCE OF TREE REMOVAL - STAFF PERMIT:
An applicant for a Tree Removal-Staff Permit shall demonstrate that the following
criteria are satisfied. The Staff Advisor may require an arborist's report to
substantiate the criteria for a permit.
As noted, the proposal is to remove 12 trees of the site's 30 trees. All tree protection
measures have been designed by a licensed Arborist and Landscape Architect. The Tree
Protection Plan notes that all tree protection measures will be installed prior to any
construction and a Tree Verification Permit obtained in accordance with Chapter
18.61.042. In addition, during construction the site will be monitored by the project
arborist.
It should be noted the site's trees, specifically the large Poplar Trees, were evaluated
previously by two certified Arborists, John Galbraith and Tom Myers. Each had ditlering
opinions as to their ability to survive a development. However, it should be clear each
evaluated the trees under different plan configurations with one having housing directly
adjacent to the trees and the other no development near the trees (adopted plan). The
current plan is somewhat of a hybrid of the previous two plans with only one Poplar Tree
being removed. This plan has been evaluated and guided under the direction of a third
Arborist, Laurie Sager & Associates.
The criteria for a Tree Removal Permit are as follows:
A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard
tree if the applicant demonstrates that a tree is a hazard and warrants removal.
None of the trees within the proposed project to be removed are being removed because
they are falling down, leaning or breaking and none appear to be obviously hazardous
even though since the original two Arborist reports were completed in 2005, two of the
trees have died and one of the large Poplar Trees' limbs broke off in 2006 and nearly
crushed the adjacent house to the south at 400 Clay Street (see attached photos). The rest
of the tree was removed by Tom Myers, Upper-Limb-It Tree Service under an
Emergency Tree Removal Permit. An attached letter from Mr. Meyers, states that
evidence revealed the tree was rotting within. Obviously, during the initial two Arborists'
investigations, no exterior evidence was found which is obviously a major consideration,
especially when combined with the fact Poplar Tree species are highly "intolerant",
subject to wind-throw and trunk failure. In summary, considering the size of Tree #17,
it's species limited tolerance level, it's age and the recent collapse of a sister tree, the
applicants contend the tree is very likely to be a hazardous tree in the near future.
Regardless, all of the trees proposed to be removed, including the Tree #17, are being
removed in order to develop the property in accordance with the project's transportation
needs, the City's Site Design Standards and the City's minimum density standards as
permitted under AMC 18.61.080 B, below.
Again, two of the trees proposed to be removed are dead (Trees #18 and #24) and a
majority of the trees to be removed are within the Clay Street right-of-way where
sidewalks and parkrows are proposed. And, none of these trees are appropriate street
trees.
B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree
that is not a hazard if the applicant demonstrates all of the following:
1. The tree is proposed for removal in order to permit the application to be
consistent with other applicable Ashland Land Use Ordinance requirements and
standards. (e.g. other applicable Site Design and Use Standards). The Staff Advisor
may require the building footprint of the development to be staked to allow for
accurate verification of the permit application; and
All of the trees to be removed are due to their location within a planned street or sidewalk
system that is required by the Land Use Ordinance or Site Design and Use Standards.
Alternative design configurations were considered in an attempt to minimize tree loss,
but the alternatives proved to be inconsistent with applicable land use codes and
standards. One of the alternatives showed the road extending through the center of the
multi-family portion of the property (Lot #2) with tenant housing "under the tree", This
was determined to be not only dangerous but also physically impossible as large limbs
(36") would be required to be removed causing trauma and likely killing the tree.
Another scenario had the site's open space and common area near the tree, but again the
common area's structure and play area would have been directly under the tree causing
not only the tree's limb to be removed, but creating a hazardous situation for the tenants
(children) under the tree. This scenario also caused the project's required open space to
be less than the required 8% and on two parcels. Finally, the alternative design showed an
eventual need for additional streets and caused access management issues that are in
direct conflict with the City's Transportation standards and policies.
2. Removal of the tree will not have a significant negative impact on erosion, soil
stability, flow of surface waters, protection of adjacent trees, or existing
windbreaks; and
Removal of the trees will not have a significant impact on erosion as the trees to be
removed are on minimal sloping lands. According to the project Arborist, the removal of
the trees will not have a negative impact on erosion, soil stability and flow of surface
waters. However, the removal of Tree #17 may have an impact on the remaining Poplar
tree as it appears to provide some level of wind protection. The project Arborist contends
this may be minimal due to the tree's open canopy structure, but recommends
professional pruning at the time of disturbance in order to mitigate impact.
3. Removal of the tree will not have a significant negative impact on the tree
densities, sizes, canopies, and species diversity within 200 feet of the subject
prop~~ ..
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Removal of the tree will not have a significant negative impact on the tree densities,
sizes, canopies, and species diversity within 200 feet of the subject property. Again, all of
the subject trees have been assessed by the project's arborist who has also chosen the
replacement trees.
The City shall grant an exception to this criterion when alternatives to the tree
removal have been considered and no reasonable alternative exists to allow the
property to be used as permitted in the zone. Nothing in this section shall require
that the residential density be reduced below the permitted density allowed by the
zone. In making this determination, the City may consider alternative site plans or
placement of structures or alternate landscaping designs that would lessen the
impact on trees, so long as the alternatives continue to comply with other provisions
of the Ashland Land Use Ordinance.
In regards to the Street Exception request, no exceptions are proposed with this
application other than the street exception to meander a sidewalk away from a 24" d.b.h.
Cedar tree. Further, the applicants have explored alternative designs, but due to the
physical constraints of the property, configuration of the property, access management
standards, and the minimum density standards required in the zone, the proposed plan
was chosen.
Again, all of the trees to be removed are due to their location within a planned street or
sidewalk system required by the City's Land Use Ordinance or Site Design and Use
Standards. Alternative design configurations were considered in an attempt to minimize
tree loss, but the alternatives proved to be inconsistent with applicable land use codes and
standards. One of the alternatives showed the road extending through the center of the
multi-family portion of the property (Lot #2) with tenant housing "under the tree". This
was determined to be not only dangerous but also physically impossible as large 36"
diameter limbs 5' from the ground would be required to be removed causing trauma and
most likely kill the tree. Another scenario had the site's open space and common area
near the tree, but again the common area's structure and play area would have been
directly under the tree causing not only the tree's limb to be removed, but creating a
hazardous situation for the tenants (children) under the tree. This scenario also caused the
project's required open space to be less than the required 8% and on two parcels. Finally,
the alternative design showed an eventual need for additional streets and caused access
management issues that are in direct conflict with the City's Transportation standards and
policies.
4. The City shall require the applicant to mitigate for the removal of each tree
granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall
be a condition of approval of the permit.
The applicants are aware of this provision and are proposing mitigation.
18.61.084 Tree Miti2ation Required
An applicant may be required to provide mitigation for any tree approved fQr ~.. J
removal. The mitigation requirement shall be satisfied by one or more of the
following:
A. Replanting on site. The applicant shall plant either a mInImUm 1 ~-inch
caliper healthy and well-branched deciduous tree or a 5-6 foot tall evergreen tree
for each tree removed. The replanted tree shall be of a species that will eventually
equal or exceed the removed tree in size if appropriate for the new location. The tree
shall be planted and maintained according to the specifications in the City Tree
Planting and Maintenance Guidelines as approved by the City Council.
The applicants will mitigate the loss of the 12 trees by planting at least 12 new trees
within the project's boundaries. In fact, the landscape plans show significantly more trees
that the required minimum.
B. Replanting off site. If in the City's determination there is insufficient available
space on the subject property, the replanting required in subsection A shall occur on
other property in the applicant's ownership or control within the City, in an open
space tract that is part of the same subdivision, or in a City owned or dedicated
open space or park. Such mitigation planting is subject to the approval of the
authorized property owners. If planting on City owned or dedicated property, the
City may specify the species and size of the tree. Nothing in this section shall be
construed as an obligation of the City to allow trees to be planted on City owned or
dedicated property.
The applicants are aware of this standard and if determined to be necessary, the
applicants will comply.
C. Payment in lieu of planting. If in the City's determination no feasible
alternative exists to plant the required mitigation, the applicant shall pay into the
tree account an amount as established by resolution of the City Council.
The applicants are aware of this standard and if determined to be necessary, the
applicants will comply.
18.61.200 TREE PROTECTION
Tree Protection as required by this section is applicable to any planning action or
building permit.
A Tree Protection Plan has been submitted as part of the application in order to protect
the trees planned to be preserved as well as the site's neighboring trees. All tree
protection measures will be installed prior to any construction and a Tree Verification
Permit obtained in accordance with Chapter 18.61.042. No development activities,
including, but not limited to clearing, grading, excavation or demolition work will occur
without the protection measures in place. Protection measures will only be removed after
completion of all construction activity, including landscaping and irrigation installation.
Furthermore, the project Arborist suggests the remaining Poplar tree be pruned prior to
site disturbance and have secure protection fencing (chain-link) around it's perimeter in
order to prevent a dangerous situation from occurring. The fencing should remain in
perpetuity until the tree is removed or some other form of fencing occurs.
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380 Clay Street
2006 Collapse of Poplar Tree (40" D.B.H.)
( ho~?s)
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Looking east (house at 380 Clay Street): The driveway has been
engulfed by a "single" limb of the Poplar Tree that has since been
removed (photo 10/12/06).
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Looking northeast: The photo shows an approximate 36" branch
extending approximately 40' from tree's trunk.
Looking west towards Clay Street
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Looking south towards 440 Clay Street
NOTE: The pictures herein do not demonstrate the miraculous
circumstance that "saved" the house at 440 Clay Street. In reality,
there was a secondary limb (not shown) that held-up the limb and kept
it from crushing the house.
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Upper Limb-it
Tree Service
PO Box 881
Ashland, OR 97520
Phone: 541-482-3667
Attn: Mark Knox
Urban Development Services
320 E. Main Su.202
Ashland, OR 97520
October 13, 2006
Tree Report for 380 Clay 51.
The 40-inch DBH Black Cottonwood tree at the entry of 380 clay street (tree #3 in the tree
inventory) is in hazardous condition and is presenting a hazard to the public. A major scaffold limb
broke and fell on the neighboring property. The damage done to the trunk by the breakage has
rendered the trunk structurally unsound. The break of the scaffold limb revealed a rotten point in the
trunk where the limb was attached. The resulting wound to the trunk combined with the rot make it
certain that the top will break causing further damage to surrounding property unless the tree is
removed immediately. There are no remedial measures that can be taken to save this tree. It should
be removed immediately. . If you have any questions regarding this report please call me at 482-3667.
Tom Myers, Certified Arborist
DBA Upper Limb-it
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JAN/30/2009/FRI 14: 12
JACKSON COUNTY ROADS
FAX No. 541 774 6295
P.001/001
Roads
Engineering
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JACKSON COUNTY
Roads
Russ Logue
Const/'UctiOIl M(lJlt:lger
200 Antelope Roed
White City, OR 97503
Phone: (541) 774-6255
Fax; (541) 774.-6.29$
loguera@jacksoncol.Jf\ly,org
January 27,2009
VfflW .jacksoncou nty.org
Ashland Planning Department
City Hall
51 Winburn Way
Ashland, OR 97520
RE: Development off Clay Street - a county-maintained road.
Planning File: 2009-00043
Dear Planner:
Thank you for the opportunity to comment on the request for modifications and change to the phasing of
the previously approved Planning Actions #2004-00141 and 2007-00802 forthe Wilfowbrook Subdivision to allow
a Land Partition creating .three lots and Site Review to construct a 60-unit multi-family residential development for
the property located at 380 Clay Street. Jackson County Roads has the following comments:
1. The applicant needs to submit construction plans to Jackson County Roads, so we may determine if county
permits will be required. Road approaches from Clay Street shall be completed under permits from Jackson
County Roads. Additionally, any work within the county's 60-foot right-of-way shall be under a permit from
this department. .
2. The development of the property will require access from Clay Street. We recommend that half street road
frontage improvements be requir6c:l(road widening, curb, gutter, sidewalk, and bike lane) as a condition for
the development.
3. If additional right-of-way is required for the improvements, dedication should be required. City of Ashland
standards may be utilized for road improvement if the City agrees, in writing, to future maintenance of the
urban improvements. .
4. If county storm drainage facilities are utilized, Jackson County Roads would like a copy of the City approved
hydrauHc report including the calculations and drainage plan. Capacity improvements or on site detention, If
necessary, shall be installed at the expense of the applicant. Upon completion of the project, the developer's
engineer shall certffy that construction of the drainage system was completed per plan and a copy of the
certification shall be sent to Jackson County Roads.
If you have any questions or need further information feel free to call me at 774-6255.
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CITY OF ASHLAND
PLANNING APPLICATION
SNOWBERRY BROOK RESIDENTIAL HOUSING
An affordable housing development for the
Housing Authority of Jackson County for
380 Clay Street
PROPOSAL: This planning application proposal is for five land use entitlements for the
9.63-acre parcel off Clay Street formally known as the Willowbrook Subdivision:
. a 3-10t Land Partition (modified from a 53 lot subdivision);
. a Site Review Pennit modification of Planning Action #2004-141 to construct 60 multi-
family units (modified from 117 units);
. Amendment to certain Conditions of Planning Action #2004-141; and
. a Tree Removal Permit modification of Planning Action #2004-141 to remove 12 trees
greater than 6" d.b.h. (modified from eight trees)
. an exception to the City Street Standards to allow a portion of the sidewalk along Clay
Street to meander around a Cedar tree located in the southwest comer of the property
(unchanged from Planning Action #2004-141).
PROJECT INFORMATION:
APPLICANTS:
Housing Authority of Jackson County
2251 Table Rock Road
Medford, OR 97501
LAND USE PLANNING:
Urban Development Services, LLC
485 W. Nevada Street
Ashland, OR 97520
Tel: 541-482-3334
LANDSCAPE ARCHITECT:
Laurie Sager & Associates, Inc.
700 Mistletoe Road, Suite 201
Ashland, OR 97520
Tel: 541-488-1446
CIVIL ENGINEERING:
Construction Engineering Consultants
P.O. Box 1724
Medford, Oregon 97501
Tel: 541-779-5268
SURVEYOR:
LJ. Friar & Associates
816 W. 8th Street
Medford, Oregon 97501
Tel: 541-482-5009
OWNER:
City of Ashland
20 E. Main Street
Ashland, OR 97520
OWNER:
Housing Authority of Jackson County
2251 Table Rock Road
Medford, OR 97501
DRAFTING & DESIGN
Daniel R. Horton
169 W. Main Street
Eagle Point, OR 97524
Tel: 541-830-1014
ARBORIST:
Laurie Sager & Associates, Inc.
700 Mistletoe Road, Suite 201
Ashland, OR 97520
Tel: 541-488-1446
WETLAND BIOLOGIST:
Agate Engineering
1175 East Main Street
Medford, OR 97501
Tel: 541-282-7930
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ADDRESS & TAX LOT:
380 Clay Street
Assessor's Map 39lE llC, Tax Lot 2500
ZONING & COMPREHENSIVE PLAN DESIGNATION:
R-2; Multi-Residential
HISTORY:
In June and July of 2005, the Ashland Planning Commission unanimously approved and
issued their Findings of Fact for the Subdivision's Outline Plan, Site Review Permit, a Tree
Removal Pelmit and Exception to Street Standards. At that time, the Planning Commission
also forwarded to the Ashland City Council their recommendation for Annexation,
Comprehensive Plan and Zone Map amendments (PA-2004-141).
In March and June of 2006, the Ashland City Council approved and issued their Findings of
Fact on the Annexation, Comprehensive and Zone Map amendments (PA-2004-141).
In October 2006, a request for a one year extension was granted for the subdivision's Outline
Plan, Site Review Permit, Tree Removal Permit and Exception to Street Standards (P A-2006-
02009).
In July 2007, a request for a one year extension was granted for the subdivision's Outline
Plan, Site Review Permit, Tree Removal Pelmit and Exception to Street Standards (P A-2007-
01229).
In July 2008, a request for a one year extension was granted for the subdivision's Final Plan,
Site Review Permit, Tree Removal Pelmit and Exception to Street Standards (P A-2008-
01060).
In November 2008, the Ashland City Council and the Housing Authority of Jackson County
agreed to acquire the property for the purpose of affordable housing and park land.
INTRODUCTION:
The subject property is located at 380 Clay Street, immediately adjacent to the YMCA soccer
fields - between Ashland Street and East Main Streets. The property was recently annexed
into the City and concurrently received approval for a 53-lot subdivision, 117 (reduced to
107 units with Final Plan application) single and multi-family units, a tree removal permit
and an exception to the street standards for a meandering sidewalk adjacent to a tree
(Planning Action 2004-141). Of the Oliginal 107 units, 17 units were to be affordable and the
remaining market rate. The developer had finalized his financing, completed all of the Home
Owner's Association documents, generated all of the civil engineering documents and was
preparing to start construction. In November of 2008, the City of Ashland and the Housing
Authority of Jackson County agreed to purchase the property in order to develop portions of
the property for affordable housing, additional park land or both.
As noted, the applicants are proposing five land use entitlements and modifications to the
original approval which include:
. a 3-lot Land Partition (modified from a 53 lot subdivision);
2
. a Site Review Pennit modification of Planning Action #2004-141 to construct 60 multi-
family units (modified from 117 units);
. Amendment to certain Conditions of Planning Action #2004-141; and
. a Tree Removal Pelmit modification of Planning Action #2004-141 to remove 12 trees
greater than 6" d.b.h. (modified from eight trees)
. an exception to the City's Street Sandards to allow a portion of the sidewalk along Clay
Street to meander around a Cedar tree located in the southwest corner of the property
(unchanged from Planning Action #2004-141).
PARTITION:
Lot #1: Lot #1 is 5.63 acres in area with an average slope of approximately 3%. The parcel
includes the property's .83 acres of wetlands, a future road right-of-way along the nOlihern
property line, a large portion of land adjacent to the YMCA soccer fields, the existing farm
house and accessory buildings and virtually all of the sites trees. The parcel is oddly shaped
and will be a remainder parcel (undeveloped) until the property is developed into public park
lands, additional housing or a combination thereof.
Lot #2: Lot #2 is 4.00 acres in area with an average slope of approximately 3%. The parcel is
"L" shaped and incorporates the proposed housing area, off-street parking area, common
spaces, play areas and new streets. Lot #2 will be owned and maintained by the Housing
Authority of Jackson County.
SITE REVIEW PERMIT:
Density: The propeliy is zoned R-2 with a base density of 13.5 units an acre. The subject
parcel is 4 acres in size allowing up to 54 units with an additional 6 units being added via
density bonus provisions. In this case, all of the 60 units are to be affordable rental units
allowing for an additional density of25% (18.106.030 G.). As such, 67.5 units are allowed
because of the density bonus, but only 60 units are proposed with this application. Note: Due
to the annexation provisions of Chapter 18.88.030 F. the 5.63 acre remainder lot (Lot #1),
minus areas of natural constraint, parks or right-of-way, will need to provide 90% of the
zones base density when developed.
Units: The proposal includes 60 affordable rental units to be owned, maintained and managed
by the Housing Authority of Jackson County. The housing sizes and types vary as follows:
12 one-bedroom 665 square foot flats
26 - two-bedroom 948 square foot townhomes
12 - two-bedroom 888 square foot flats
lO - three-bedroom 1182 square foot flats
60 units total with 9i8 square feet of average living area per unit
Vehicle Parking:
The parking requirements and obligations per 18.92.020 and 18.88.060 are as follows:
Studio units or I-bedroom units less than 500 sq. fl. --1 space/unit.
i-bedroom units 500 sq. fl. or larger--I.50 spaces/unit.
2-bedroom units--i. 75 spaces/unit.
3-bedroom or greater units--2. 00 spaces/unit.
+ Ion-street space per unit
3
Proposed Unit Types:
One-bedroom
Two-bedroom (TH)
Two-bedroom
Three-bedroom
Total Required Parking:
Total Provided Parking:
# of Units
12
26
12
10
Vehicle parking spaces required
18
45.5
21
20
104.5 (105)
110
Bike Parking:
The bike parking requirements and obligations per 18.92.040 are as follows:
One sheltered space per studio and i-bedroom unit
i.5 sheltered spaces per 2-bedroom unit
2.0 sheltered spaces per 3-bedroom unit
Proposed Unit Types:
One-bedroom
Two-bedroom (TH)
Two-bedroom
Three-bedroom
Total Required Bike Parking:
Total Provided Bike Parking:
# of Units
12
26
12
10
Bike parking spaces required
12
39
18
20
89
92 (sheltered)
Architectural Design: The proposed buildings are well miiculated and have a variety of
building accents, fluctuations and material changes typically not found in traditional multi-
family developments. The incorporation of these elements provides a visual opportunity for
not only improved aesthetics, but also individualism. Each group of buildings has multiple
rooflines, staggered volumes (porches, wall faces, etc.) and heights to help break-up building
mass. Each unit has their own porch or balcony depending on the type of unit.
The elevations show a variety of materials being used with shingle siding in the pediments
and base, standard siding on the walls, standing seam roofing, and 312 trim around the
windows and doors. Furthennore, the unit's porch posts are to 6" X 6" with a wrapped base
and when combined with the shingled base, give the units a sense of permanence. All of the
units will be painted in emih tone exte110r colors.
Building Orientation: The plans show ten sets of building groups ranging from four to six
units per group. All of the buildings orient towards the street or the site's wetlands. All
parking, other than parallel on-street parking, is to the rear or sides of the building in an
attempt to minimize its appearance. Each individual unit has its own sidewalk leading
directly to the porch and front door helping to not delineate each unit, but also improving
their sense of entry.
Common Building and Recreation Area: The proposal includes a neo-craftsman
"community" building and recreational "play area" within the center of the project. The
community building is attractively designed with multiple fi'onts creating an inviting feel.
Each front has a large covered patio with three of the fronts having glass entry doors and
windows allowing for a "natural" security by the residents. The project's play area or "tot-
lot" includes a play structure commonly found at the elementary schools. Both the
4
community building and play area are delineated by sidewalk or short walls. The overall area
of the recreational space and play area is 9% of the project. The project's wetlands are not
included in the calculations although they clearly are a visual amenity and include a viewing
platform and sidewalks on three sides.
Conservation Measures: Although not required by code, the proposed development will
comply with either the "Enterprise Green Communities Compliance Path" or the "Earth
Advantage Certification Path," but most likely the latter. The specific elements of this project
will include at minimum the following:
. Energy Star lighting throughout
. Upgraded attic insulation to R49
. Upgraded window U value to U.35 or better
· Energy Star appliances including: refrigerator, dishwasher, & clothes washer
· Energy efficiency / low SEER PTHP and forced air units
. Water efficient toilets using 1.6 gals. per flush or less
. Low flow shower heads and faucet aerators
· Use of engineered wood products where possible
. Use of recycled contents in finish flooring
· Native trees and plants appropriate to the site and climate to be specified.
. Interior paints, adhesives, and sealants to be specified as low or no Voc.
· Retention of wetlands.
. Metal roofs for "clean" storm water runoff routed directly into adjacent wetlands.
. Street, parking and sidewalk storm water run off to be retained and treated biologically via
on-site bio-swales.
In addition, besides the new sidewalk to be added along the project's Clay Street frontage
(units, wetlands and City property), the applicants will be constructing a "significant"
amount of off-site sidewalk and street improvements in order to improve the areas limited
pedestrian facilities. This includes approximately 330' of sidewalk and curbing along the
adjacent County property to the north and an additional 100' of sidewalk and curbing to the
south connecting the existing sidewalk leading to Ashland Street. These improvements help
facilitate pedestrian movement and keep vehicular trips to a minimum. Considering this
property is located within y,; mile (5 minute walk) of retail facilities, professional offices,
grocery stores and other services, the reduction in vehicular trips should be realized. No other
off-site improvements are proposed other than standard utility and storm water improvements
as noted herein.
Street Designs: All of the project's streets, as well as Clay Street, will be improved to current
City Street Standards. The interior streets are to have a 52' right-of-way and a ~ street
improvement with two 10' travel lanes, a 7' parking lane, 8' planting strip and 5'-6"
sidewalk. The remaining y,; street improvement (along the edges of Lot #1) will occur when
that portion of the property is developed. Along the property's Clay Street frontage the plans
show additional paving allowing for two travel lanes and a bike path, 6' sidewalk and a 7' -6"
planting ship for street trees. However, the plan also shows the planting strip as a "bio-
swale" in an attempt to retain heavy metal particulates from the street's storm runoff prior to
release into Bear Creek (see Sheet 6, Agate Engineering plans for details). Although this type
of improvement isn't common in Ashland, it's very common in Portland and Eugene in an
attempt to biologically reduce pollutants prior to entering major stream corridors. The best
5
local example of this type of bio-swale improvement is within the parking lot of North
Mountain Park.
Transportation: The Oliginal Traffic Impact Analysis for this site was for 130 single family
and multi-family residential units. In that analysis, the findings concluded that three of the
four intersections impacted by the project will continue to meet applicable mobility standards
but for one - Clay and Ashland Street. In that analysis, it concluded the intersection would
meet mobility standards if a dedicated right-hand turn lane was added at the intersection. In
this scenario, there would be one in-bound lane, one out-bound left lane and one out-bound
right lane.
This application continues to agree with the analysis. However, considering the recent
discussions involving this intersection and the Coming Attractions Theatres project at 2200
Ashland Street (P A02008-0 1318, Approved December 13th, 2008) and the Oregon
Department of Transporiation's position on that application's turning movements onto
Ashland Street (a State Highway), there is likely to be a raised median at this intersection
which would nullify the need for the additional lane. As such, the applicants are proposing to
install the lane's pavement without curbing, but would request the improvement be deferred
until the proposed units are initially occupied and not complete the lane's paving if the
median is installed prior to occupancy. Under this scenario, a significant amount of asphalt,
effort and cost could be avoided as there would be no purpose for an '" additional" turn lane
if the median was installed first.
Wetlands: The subject property has .83 acres (36,499 sq. ft.) of wetlands located within the
northwest comer of the property along Clay Street. As with the previous application, the
wetlands are to be retained, slightly modified and expanded in order to improve its
functionality and aesthetics. In addition, the wetlands will have a "public" viewing platform
from the Clay Street sidewalk as illustrated on the project's landscaping plans and wetland
plans. In addition, various types of wetland plants will be added in order to increase its
ecological and biological benefits. When complete, the wetlands will have a total area of .93
acres (40,490 sq. ft.) - not including the bio-swale areas noted below which will likely
increase the appearance of the wetland by an additional 10% to 15%. As noted previously,
the application doesn't include the wetland area as part of the project's recreational space
even though there is a viewing platform and pedestrian sidewalks on two sides.
The wetland boundaries have been officially delineated and accepted by the Division of State
Lands (DSL) and were approved as part of the original application along with the proposed
wetland plan approved by both DSL and the Corp. of Engineers. The proposed improvement
plans have also been review by DSL and the Corp. of Engineers and final approval will occur
once all of the applicable engineering documents are complete. All communication to this
point with both DSL and the Corp. has been very favorable.
Bio-Swales: As noted, the application also includes a number of bio-swales throughout the
site in order to biologically improve storm water quality by removing suspended solids to
settle out and retain storm water during peak storm events - minimizing downstream
capacity issues and erosion problems. The plantings within the bio-swales help filter
particulates and their associated pollutants as runoff passes slowly and evenly through the
channel. The pollutants are then incorporated into the soil where they may be immobilized
and/or decomposed by plants and microbes.
6
Landscape Strategies: The planting plan was completed by a local Landscape Architect,
Laurie Sager & Associates, familiar with the area's climate. The Landscaping Plans illustrate
the various types of trees, plants, and groundcover proposed for the project based on their
relationship from the sun, least active areas and most active areas. In addition, the
Landscaping Plans show a heavy emphasis on plants and shrubs, rather than a water
consumptive lawn.
The parking areas provide shade trees in an attempt to minimize surface heat gain, shade
vehicles and sidewalks. There are a number of extended landscape islands within the parking
area to help soften the area and break up the linear alignment of parking spaces. Street trees
are to be planted 30' on center and planted in accordance with the specified standards noted
on the landscape plans. The trees have been chosen from the adopted Street Tree list based
upon their setting and amount of hydrology.
Utilities: Within the development and along Clay Street the electrical, television and
telephone service will be underground within a 10' wide public utility easement. The sanitary
sewer and water lines will connect to the existing service lines within the Clay Street right-
of-way. Storm water runoff will drain to the existing system along Clay Street and to the
planned bio-swales. In addition, an equal portion of storm water that currently drains onto the
5 acre property to the north (Cooper property) has been engineered to continue to drain in
order to retain the historic level of hydrology that feeds that property's wetlands.
AMENDMENT TO CONDITIONS (PA-2004-141):
The proposal is partition the lot into two parcels and developed in two phases. As such, the
conditions of approval applied to the original Site Review Permit and Outline Plan
Subdivision (PA-2004-141) either no longer apply or more aptly should apply with the
correct phase - regardless if the next phase is developed as a park, additional housing or
both.
The following conditions of approval are include "suggestive" amendments (ddctcd / added)
followed by the applicant's explanation.
1) That all proposals of the applicant are conditions of approval unless otherwise
modified here.
2) That a consent to annexation form be completed, which is non-revocable for a period
of one year from its date.
A consent to annexation agreement has been submitted.
3) That a boundmy description and map be prepared in accordance with ORS 308.225.
A registered land surveyor shall prepare the description and map. The boundaries
shall be surveyed and monuments established as required by statute subsequent to
Council approval of the proposed annexation.
A boundary description and map, prepared in accordance with ORS 308.225 by a
registered land surveyor (Jim Hibbs, LJ. Friar & Associates) has previously been
submitted.
7
4) That the applicant submit an electric distribution plan including loan calculations
and locations of all primary and secondary services including transformers, cabinets
and all other necessary equipment. This plan must be reviewed and approved by the
Electric Department prior to Final Plan at the time of Building Permit submittals.
Transformers and cabinets shall be located in areas least visible from streets, while
considering the access needs of the Electric Department.
The subject property is no longer being subdivided into multiple lots, but instead
partitioned into two lots. In this case, all civil drawings and documents submittals will
be provided at the time the building plans are submitted and delivered to the Electric
Depmiment at that time for their review and approval.
5) That a preliminUlY utility plan for the project be reviewed by the Engineering
Division and Building Division prior to final plat. The final utility plan for the
project shall be reviewed and approved by the Engineering Division and Building
Division at the time of Final Plan Building Permit submittals. The utility plan shall
include the location of connections to all public facilities in and adjacent to the
development, including the locations of water lines and meter sizes, sewer mains and
services, manholes and clean-outs, storm drainage pipes and catch basins.
The subject property is no longer being subdivided into multiple lots, but instead
partitioned into two lots. In this case, all civil drawings and documents submittals will
be provided at the time the building plans are submitted and delivered to the
Engineering and Building Departments at that time for their review and approval.
6) That the identification, relocation and piping of existing irrigation facilities be
addressed at the time of Final Plan final plat and finalized with Building Permit
submittals. The design, relocation and installation of irrigation system shall be
reviewed and approved by the Talent Irrigation District prior to the City of Ashland
approval of the .final engineering construction documents. The irrigation facilities
shall be installed as part of the overall public infrastructure requirements.
The subject property is no longer being subdivided into multiple lots, but instead
pmiitioned into two lots. In this case, all civil drawings and documents submittals will
be provided at the time the building plans are submitted and delivered to the Talent
Irrigation District at that time for their review and approval.
7) That the engineering design of all on-site storm water detention systems (i.e.
wetland/detention system) shall be reviewed prior to final plat and approved by the
Public Works Department, Building Official and Staff Advisor prio," to Final Plan
appro",;al at the time of Building Permit submittals and the commencement of public
infrastructure installation and the issuance of an excavation permit. The design of
the wetland/detention shall incorporate required pollution control systems (if
applicable), while the discharge shall be designed so as not to significantly increase
the volume of runoff beyond pre-development amounts on the property to the north.
The permanent maintenance of on-site storm water detention systems must be
addressed thrObigh thc project's CC&Rs and approved by the Public Works
Department and Building Division.
8
The subject property is no longer being subdivided into multiple lots, but instead
partitioned into two lots. In this case, all civil drawings and documents submittals will
be provided at the time the building plans are submitted and delivered to the
Engineering, Building and Planning Department at that time for their review and
approval. Consideling there no longer will be multiple lot owners, but instead one
owner (the City of Ashland), there are no CC&Rs.
Nevertheless, it should be clearly understood the project's Civil Engineer completed
the engineering documents for the subject storm water detention systems for the
previous application which were reviewed and approved by the Ashland Public
Works Department as they relate to this condition and specifically the property to the
north.
8) That the engineering construction drawings for Clay Street comply with City of
Ashland Local Street Standards. Clay Street shall be improved along the entire
frontage of the property. Improvements to Clay Street shall consistent approximately
with the following standards: 28 feet of pavement overlay width (includes two travel
lanes and an approximately six-foot bike lane), curb and gutter, storm drains, 7.5'
planting strip and a six-foot wide public sidewalk. The Final Plan civil plans shall
include profiles and cross sections, with erosion control and slope stability
methodologies installed consistent with the standards contained in AMC 18.62. 080B.
The subject property is no longer being subdivided into multiple lots, but instead
partitioned into two lots. In this case, all civil drawings and documents submittals will
be provided at the time the building plans are submitted and delivered to the
Engineering and Planning Department at that time for their review and approval.
9) That a half street improvement including curb and gutter, storm drain facilities,
planting strip and public sidewalk be installed along the street fi'ontage of the
neighboring property to the north (39 IE 11CV, #1100). The design of these
improvements shall be consistent with Ashland's Local Street Standards, allow for a
smooth transition to the adjoining sidewalk network and be provided at the time of
Pinal Plan prior to issuance of a Certificate of Occupancy Permit. Such
improvements shall be installed as part of the overall public infrastructure
requirements for the subdivision project.
The subject property is no longer being subdivided into multiple lots, but instead
partitioned into two lots. Regardless, a half street improvement including curb and
gutter, stOlID drain facilities, planting strip and public sidewalk will be installed along
the street frontage of the neighboring property to the north (39 IE 11 CV, #1100).
The design of these improvements will be consistent with Ashland's Local Street
Standards and will allow for a smooth transition to the adjoining sidewalk network.
10) That an engineering design for a right turn only lane on southbound Clay Street at
Ashland Street shall be provided at the time of Final Plan Building Permit
submittals. The engineered design shall include the widening of pavement width at
the intersection,' installation of curb and gutter, storm drain facilities (if applicable)
and sidewalks from the Clay Street/Ashland Street intersec~ion to and through the
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bend (i.e. elbow) in Clay street to the existing curb and sidewalk on the west installed
as part of the overall public infrastructure requirements for the subdivision.
Widening improvements for the right turn only lane may be deferred until issuance
of a Certificate of Occupancy Permit with all other improvements noted herein be
deferred until Lot #1 is developed. Widening improvements for the right turn lane
shall not be completed if a median on Ashland Street is installed prohibiting east
bound (left) turning movements from Clay Street onto Ashland Street (Highway
66).
As noted above, the original Traffic Impact Analysis for this site was for 130 single
family and multi-family residential units. In that analysis, the findings concluded that
three of the four intersections impacted by the project will continue to meet
applicable mobility standards but for one - Clay and Ashland Street. In that analysis,
it concluded the intersection would meet mobility standards if a dedicated right-hand
turn lane was added at the intersection. In this scenario, there would be one in-bound
lane, one out-bound left lane and one out-bound right lane.
This application continues to agree with the analysis. However, considering the recent
discussions involving this intersection and the Coming Attractions Theatres project at
2200 Ashland Street (PA02008-0l318, Approved December 13th, 2008) and the
Oregon Department of Transportation's formidable position on that application's
turning movements onto Ashland Street (a State Highway), there is likely to be a
raised median at this intersection which would nullify the need for the additional lane.
As such, the applicants are proposing to install the lane's pavement without curbing,
but would request the improvement be deferred until the proposed units are initially
occupied and not complete the lane's paving if th.e median is installed prior to
occupancy. Under this scenario, a significant amount of asphalt, effort and cost could
be avoided as there would be no purpose for an "'additional" turn lane if the median
was installed first.
Finally, the applicants propose to defer installation of sidewalks, curbs, gutters, and
storm drain facilities (if applicable) from the Ashland Street intersection through the
bend (i.e. elbow) on the south side of Clay Street until Lot #1 is developed either as a
park or housing development. The improvements to be installed with this
development (Lot #2), will include not only 660' of new sidewalk, planting strip,
curbs, gutters, etc., along the property's entire Clay Street frontage (including the
frontage of Lot #1), but also 330' of the neighboring propeliy to the north (County,
Tax Lot 391E11CB 1100). With these improvements, a continuous sidewalk system
from Dollarhide Way to Ashland Street will be realized.
Considering the original approval was for 107 units and now only 60 units are
proposed (44% reduction), the ratio of public street improvements (approximately
1,000') in comparison to the proposed units is significant as it's equitably reasonable
to defer the remaining sidewalk improvement, approximately 350', until Lot #1 is
developed either as a park or housing development. As such, the existing and
proposed sidewalk improvements along Clay Street clearly meet the applicable
transportation criteria found in AMC 18.72.070 D. and 18.1 06.030 E. and that the
proposal is consistent with the original approval (P A-2004-141).d
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11) That the engineered construction drawings for all new public streets within the
project shall comply with City of Ashland Local Street Standards. The minimum
street width shall be no less than 22 feet in width at intersections (unless permitted by
the Ashland Fire Department), and a minimum width of 26 to 28 feet when
accommodating on-street parking on both sides of the street. Plans to include
profiles and cross-sections, with erosion control and slope stability methodologies
installed consistent with the standards contained in AMC 18.62. 080B.
Application will comply.
12) That a st,veet plug, one foot in vv'idth, be dedicated adjacent to public streets and
alleys that adjoin the north property boundary. In addition, a street plug shall be
dedicated along the eastern boundary of the project, betH'een the public alley and
east property line.
This condition is no longer applicable as the entire north side of the property has been
incorporated into the whole of Lot #1, owned by the City of Ashland.
13) At the time Lot #1 is developed, either as a park, housing development or both, +hfl1
the engineered construction drawings for the project address the design and
installation of public multi-use pathways and fence gates from the project to the City
of Ashland Parks/Ashland Family YMCA Soccer Fields. The design of the multi-use
pathway shall be in accord with City Local Street Standards, reviewed by the
Director of the Ashland Parks Department, and approved by the Staff Advisor prior
to signature of the final sun'ey plat or the installation of improvements associated
with Lot 1 the subdi'v'ision. That the development and surfacing (i.e. all weather
surface) of the multi-use pathway at the south boundary of the project be extended
through the existing easement on the adjoining parcel to the south (tax lots #200 and
201). A design for the pathway shall be submitted at the time of any Building Permit
Pinal Plan approval for Lot #1 and installed as part of the subdi'v'ision 's lot's public
inFastructure.
The subject property is no longer being subdivided into multiple lots, but instead
partitioned into two lots. Considering Lot #1 abuts the properties to the north, east
and south, Condition #13 will be addressed when that lot is developed.
14) That public easements shall be id.cntificd on the final survey plat for all multi use
patlr,mys. The project CC&Rs shall note that the path"'v'ays are for public use and
shall not be obstructed or through access to the cast restricted unless authorized by
the City of Ashland and Ashland Parks Department.
The previous subdivision approval incorporated pedestrian connections to the south
and east of the property. However, the application has changed and the connections
are no longer applicable to Lot #2, but most likely will be when Lot #1 is developed.
As that time, public pedestIian easements will be designed into that lot's site plan and
recorded.
11
15) That the requirements of the Ashland Fire Department, including but not limited to
hydrant placement and flow and apparatus access, shall be clearly identified on the
preliminary utility plan prior to final plat. Final engineered construction drawings
shall be reviewed and approved by the Ashland Fire Department at the time of
Building Permit submittaL Final Plan and appro'v'ed prior to signature of the final
survey plat or the inst-&Uation of imp,'-ovements associated ~'v'ith the subdi'v'ision.
The subject property is no longer being subdivided into multiple lots, but instead
partitioned into two lots.
16) That all recommendations of the Ashland Tree Commission noted at their F eb:-uary 3
and Jln'le 9, 2006 meeting and consistent with Ashland's Site Design and Use
Standards and Tree Preservation Ordinance, shall be incorporated into a revised
Landscaping Plan (if applicable) prior to Final Plan Building Permit approval. The
recommendations shall be included on a revised landscaping plan and final irrigation
plan at the time of submission of building permit.
The application includes a proposal to modify the Tree Removal and Protection Plan
and will have met again with the Tree Commission prior to Planning Commission
review of this project.
17) That prior to any disturbance occurring on the site or the issuance of a building
permit, a Tree Verification Permit shall be applied for. Required Tree Protection
Measure (18.61.200) shall be instituted prior to any development activities, including,
but not limited to clearing, grading, excavation or demolition work, and shall be
removed only after completion of all construction activity, including landscaping and
irrigation installation.
Application will comply.
18) That the owner of Lot #1 shall remain responsible That a final copy of the CC&Rs
for the Homeo~vner 's Association shall be pro'v'ided at thc ti:ne of Final Plan and
appro'v'ed prior to signaturc of the .final suney plat. CC&Rs to dcscribc
rcsponsibility for the pruning and continual monitoring of the three poplar trees.
:naintcnance of common area landscaping, priw.zte dri'v'eways, multi use pat!m'ays
and on site storm ~'v'ater detcntion facilities. Thc Homemvncr's Association is
:-esponsible for contracting '/v'ith a utility maintenance company for the The owner of
Lot #2 shall be responsible for the maintenance of the storm water wetland/detention
facility. All parameters fo:- maintenance of the facility, including time lincs and
cnforccment, shall be rC'v'ie~'v'ed and appro'v'cd by the City Public Works Department
and described in the CC&Rs.
Because the subject property is no longer being subdivided into multiple lots, there
will be no Homeowner's Association or CC&Rs. However, if Lot #1 is further
subdivided and developed, this condition appears to be appropriate at that time.
Nevertheless, the property owner of Lot # 1 is the City of Ashland and will be the
responsible entity for maintaining the Polar Trees.
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19) That the project complies with the Affordable Housing Standards as described in
18.106.030G. Each ajJordable unit shall be ident(fied and the required term of
ajJordability agreements (i.e. in perpetuity) signed prior to signature of the final
survey plat, with proof of recording submitted to the City of Ashland Housing
Program Coordinator prior to issuance of a certificate of occupancy.
Application will comply.
20) That the CC&Rs identifj) ~~'hich units arc subject to the City's .AjJo:-dable Housing
requirements terms of ajJordability.
All of the units identified will meet the City's Affordable Housing requirements.
21) That a Demolition/Move permit be issued for all applicable structures on the property
prior to signature of the survey plat.
Application will comply.
22) That opportunity-to-recycle facilities shall be identified in conjunction with the design
of each building and in accordance with the standards described in Section 18.72.115
of the Ashland Land Use Ordinance prior to issuance of a building permit.
Application will comply.
23) That the color, texture, dimensions, shape and building materials for all exterior
components of the project be included at the time of submission of building permit.
The information shall be consistent with the colors, texture, dimensions and shape of
materials and building materials proposed and approved as part of the land use
application.
Application will comply.
24) That required bicycle parking shall be identified on plans submitted at the time of
building permit review. The parking shall be designed and installed consistent with
the standards described in 18.92.040.
Application will comply.
25) That the applicant agrees to construct the project in accordance 'I"ith the approved
plan and City ordinances and ~'/ai'v'es the right to file a claim untie," Oregon State~vide
},{easure 37. The signed '(/aiver shall be submitted to the City of Ashland Legal
Department for re'v'ic~'/ and appro'v'al prior to signature of the sur/ey plat or adoption
of a resolution or ordinance formally annexing the property.
This condition no longer applies as it has changed ownership.
26) That prior to Building Permit approval Final Plan submittal, the applicants shall
submit a wetland delineation and wetland mitigation/enhancement plan that has been
reviewed and approved by the Oregon Division of State Lands and Staff Advisor.
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Such plans shall include civil engineering specifications for any water detention,
water treatment and water distribution.
Application will comply.
27) That 50% of the affordable units shall be completed and occupied by qualified
households, at or bclm'.' 60% area median income, p:'ior to issuance of a certificate of
occupancyfor the last of the first 50% ofthc market rate units. Prior to issuance of a
building penn it for thc final market rate unit, the final 50% of the afJo:-dable units
shall ha'.}e been issued building permits. All affordable units must be occupied, or a
rental agreement or purchase agrecment shall be executed with qualified lm',' income
households, prior to the issuance of a ccrtifieate of occupancy for the final ma:'ket
rate unit. Purchasers 0," rentcrs of the designated affordable units shall be income
qual{fied by the City of Ashland and the City shall be presented ,,','ith copies of all
rental or sales agrecments associated ~,,'ith the designated affordable units. That prior
to issuance of a Building Permit, the Housing Authority of Jackson County shall
record deed restrictions in accordance with the City of Ashland's Affordable
Housing Standards.
Considering all of the units are to be affordable, the majority of this provision no
longer applies.
28) That an agreement be recorded requmng the poplar tree grove situated at the
southwest corner of the site to be protected and preserved in accordance with the
approved Tree Protection/Tree Removal Plan (Applicant's Exhibit L-1.0). Any
modifications or amendments to the plan would be processed through a Tree Removal
Permit procedure. The southwest corner of the property as delineated on the Tree
Protection/Tree Removal Plan (Applicant's Exhibit L-I) would not be covered by
Exempt Tree Removal Activities, Section 18.61.040 C. as described in the Land Use
Ordinance. Further, the agrcement )muld stipulate that further dc',,'Clopment of the
southwest CO:71Cr that includes an increasc in the number of ,"esidcntial units shall
include a pc'''centage of rcsid-cntial units for purchase or rent to households consistcnt
with the requirements for anncxation and commensurate with City of Ashland
resolution adopting a range of qualifj:ing incomes.
First, a Tree Removal Permit was obtained for the Poplar Tree that fell in October of
2006. Second, the submitted Tree Protection/Tree Removal Plan has a new exhibit
label. Third, the tree exemption noted (18.61.040 B.) pertains to multi-family zoned
properties with a single family house which allows trees to be removed without
permits. In this case, the remaining parcel (Lot #1), would fall under this exception
without this specific language. Finally, the current proposal exceeds both parcels
affordable housing obligations as noted under Chapter 18.106.030 G.
TREE REMOVAL PERMIT:
Twelve of the sites 30 trees are to be removed with this application in order to provide the
project's necessary transportation facilities such as its roads and sidewalks. Generally, the
trees proposed to be removed are consistent with the trees approved for removal as part of the
original application, but for the few trees within or adjacent to the proposed east/west street
light-of-way. Most notably, a 40" d.b.h Poplar tree is to be removed as it sits directly in-line
14
with the new street. According to the project's Arborist, this tree is healthy, but its tolerance
to construction is poor as well as it's susceptibility to limbs falling. Regardless, this is the
only significant tree on the property proposed to removed. Note: In October of 2006, a large
40" d.b.h. Poplar was removed due to a major limb break causing a hazardous condition. At
that time this infOlmation was forwarded to the City and Tree Commission. Also during this
time, the remaining Poplar Trees were pruned in accordance with the original tree
preservation plans. The revised Tree Removal and Protection plans have been updated to
recognize any changes since the original approvals.
All tree protection measures have been designed by a licensed Arborist and Landscape
Architect. The Tree Protection Plan notes that all tree protection measures will be installed
prior to any construction and a Tree Verification Permit obtained in accordance with Chapter
18.61.042. In addition, during construction the site will be monitored by the project arborist.
STREET STANDARDS EXCEPTION:
The request for a Street Exception's request remains unchanged since the original approval
(PA-2004-l4l) as the new sidewalk along Clay Street needs to meander towards the curb and
run parallel in order to connect to the existing sidewalk to the south. In doing so, the
sidewalk avoids a 24" Cedar tree.
Findings of Fact
The following information has been provided by the applicants to help the Planning Staff,
Planning Commission and neighbors better understand the proposed project. In addition, the
required findings of fact have been provided to ensure the proposed project meets the
Partition standards as outlined in Chapter 18.76 in the Ashland Municipal Code (AMC), Site
Design & Use Standards as outlined in the AMC, Section 18.72.070, Site Design & Use
Standards (Design Standards Booklet, adopted August 4th, 1992), the criteria for a Tree
Removal and Tree Protection as outlined in the AMC, Section 18.61 and the criteria for a
Tree Removal Permit as outline in the AMC, Section 18.61.
For clarity reasons, the following documentation 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, there are a number of responses that are repeated in order to ensure that the findings
of fact are complete.
CHAPTER 18.76
PARTITIONS:
A. The future use for urban purposes of the remainder of the tract will not be impeded.
The future use of the remaining parcel (Lot #1) has not been impeded as the remaining parcel
will have direct frontage and access from the public streets to be installed as part of this
application.
B. The development of the remainder of any adjoining land or access thereto will not be
impeded.
15
The future development of the remainder land (Lot # 1) will not be impeded by the proposed
development as as the remaining parcel will have direct frontage and access from the public
streets to be installed as part of this application.
C. The tract of land has not been partitioned for 12 months.
The parcel has not been partitioned in the previous 12 months.
D. The partitioning is not in conflict with any law, ordinance or resolution applicable to
the land.
The partition appears to meet all laws, ordinances, and resolutions for the proposed partition.
E. The partitioning is in accordance with the design and street standards contained in
the Chapter 18.88, Performance Standards Options.
The proposed partition is in accordance with the design and street standard contained in
Chapter 18.88, Performance Standards. Clay Street as well as the proposed streets will be
improved to ~ street standards (City Standards) with the remaining 14 street improvement
occurring by the other side of the street's adjacent property owner.
F. When there exists adequate public facilities, or proof that such facilities can be
provided, as determined by the Public Works Director and specified by City
documents, for water, sanitary sewers, storm sewer, and electricity.
All public facilities serving this parcel are adequate and located within the Clay Street light-
of-way. According to the multiple communications with department representatives, all of
the services such as water, sewer, storm, and electlicity are available and are not at capacity
and can accommodate the proposal.
G. When there exists a 20-foot wide access along the entire street frontage of the parcel
to the nearest fully improved collector or arterial street, as designated in the
Comprehensive Plan. Such access shall be improved with an asphaltic concrete
pavement designed for the use of the proposed street. The minimum width of the street
shall be 20-feet with all work done under permit of the Public Works Department.
Other than a narrow section of upper Clay Street (sharp turn), Clay Street's paved width is at
least 20'. At the time the project's street improvements are being completed, the applicants
will also pave the upper portion of Clay Street in order to ensure its required 20' minimum
width is met with all of the work being done under pelmit from the Ashland Public Works
Department.
H. Where an alley exists adjacent to the partition, access may be required to be
provided from the alley and prohibited from the street.
No alleys exist on or adjacent to the subject property
CHAPTER 18.72.070
SITE DESIGN & USE STANDARDS:
16
A. All applicable City Ordinances have been met or will be met by the proposed
development.
It has been the intention of the applicants to meet all City Ordinances without requesting any
Variances or Exceptions to the Site Design Standards. To the applicant's knowledge, all
applicable City ordinances have been met and will be met unless otherwise noted herein. At
the time of the building permit submittal, the application will be substantially consistent with
the proposed application and will meet all conditions of approval imposed by the regulating
authority.
B. All requirements of the Site Review Chapter have been met or will be met.
All of the requirements listed in the Site Review Chapter, Section 18.72, have been met
without Variances or Exceptions. The Site Review Chapter was designed to ensure that high
quality development is maintained throughout the City of Ashland. The proposed application
was designed and redesigned in order to best meet this purpose and produce a quality living
environment.
C. The development complies with the Site Design Standards adopted by the City
Council for implementation of this Chapter.
The development complies with the City of Ashland's Site Design Standards, adopted
August 4th, 1992. A thorough response as to the project's compliance with the Site Design
Standards, Section II-B, Approval Standards and Policies for Multi-Family Residential
Developments; Section II-D, Parking Lot Landscaping and Screening Standards; and Section
II-E, Street Tree Standards, has been provided below.
D. That adequate capacity of City facilities for water, sewer, paved access to and
through the development, electricity, urban storm drainage, and adequate
transportation can and will be provided to and through the subject property. All
improvements in the street right-of-way shall comply with the Street Standards in
Chapter 18.88, Performance Standards Options.
All utilities serving the project are within either the Clay Street right-of-way or from McCall
Drive which will be extended via easements. None of the utilities are at capacity to service
the development. A pre-application was completed on November 5th, 2008, with City
Departments reviewing the application and assessing availability of services. All utility work,
including driveway turning standards as required by the Planning and Fire Departments, have
been incorporated into the site plans.
Three new fire hydrants are to be installed and all of the units are accessible from either the
adjacent rights-of-way or the private driveway designed to meet width, height and weight
requirements for fire-tmck ingress and egress.
SITE DESIGN APPROVAL STANDARDS:
Multi-family residential development shall conform to the following design standards:
II-B-l)
Orientation
17
II-B-la)
II-B-lb)
II-B-lc)
II-B-2)
II-B-2a)
II-B-2b)
Residential buildings shall have their primary orientation toward the
street when they are within 20 to 30 feet of the street.
The proposed application meets the Site Design Standards, Section II-B-1a.
The buildings that are within 20 to 30 feet of the street (right-of-way) and
include porches oriented towards the street. The front facades have been
designed to have an attractive and pedestrian friendly streetscape environment
as each street fronting unit has a 6' deep front porch and a sidewalk extending
from the adjacent right-of-way to the porch.
Buildings shall be set back from the street according to ordinance
requirements, which is usually 20 feet.
The proposed application meets the Site Design Standards, Section II-B-1 b. as
well as the setback requirements of Chapter 18.24.040. D. which allow
porches to be as close as 10' and houses to be 15' from the front property line.
Building shall be accessed from the street and the sidewalk. Parking
areas shall not be located between buildings and the street.
The proposed application meets the Site Design Standards, Section II - B-1 c.
Parking is within the center of the project in open parking stalls. All of the
parking is generally hidden from the street's view other than a few spaces at
the entrances. The units are accessed via a sidewalk from the streets and/or
from the parking area.
Streets cape
One street tree for every 30 feet of frontage, chosen from the street tree
list, shall be placed on that portion of the development paralleling the
street. Where the size of the project dictates an interior circulation street
pattern, a similar streetscape with street trees is required.
The proposed application meets the Site Design Standards, Section II-B-2a.
New street trees, every 30' of frontage, will be planted in accordance with the
City's adopted street tree standards. The new trees have been chosen from the
City Street Tree List.
Front yard landscaping shall be similar to those found in residential
neighborhoods, with appropriate changes to decrease water use.
The proposed application meets the Site Design Standards, Section II-B-2b.
The applicant's landscape plan has been designed keeping in mind the project
is for a multi-family residential building complex and that water usage should
be limited. The proposed planting species are similar to what would be found
in other multi-family neighborhoods around the community.
Other than the lawn area near the play area, only small amounts of turf are
proposed in order to decrease water use.
18
II-B-3)
II-B-3a)
II-B-3b)
II-B-3c)
II-B-3d)
II-B-3e)
Landscaping
Landscaping shall be designed so that 50% coverage occurs within one
year of installation and 90% landscaping coverage occurs within 5 years.
The proposed application meets the Site Design Standards, Section II-B-3a.
The landscape plan has been designed to meet a 50% "spreading" coverage
after the first year and 90% "spreading" coverage prior to the development's
5th year. The landscaping plan was designed by a local landscape professional
knowledgeable of the various plant and tree specifications for the Southern
Oregon climate.
Landscaping design shall include a variety of deciduous and evergreen
trees and shrubs and flowering plant species well adapted to the local
climate.
The proposed application meets the Site Design Standards, Section II-B-3b.
The landscaping plan incorporates a variety of deciduous shrubs, flowering
plant species and drought tolerant ground cover for Southern Oregon. The
landscaping plan was designed by a local landscape professional
knowledgeable of the various plant and tree specifications for this area.
As many existing healthy trees on the site shall be saved as is reasonably
feasible.
Please see the attached Tree Protection Plan. As many of the site's existing
trees are being saved and protected where reasonably feasible. All tree
protection measures have been designed by a licensed Arborist and Landscape
Architect with the intent to retain as many existing healthy trees as reasonably
feasible and still meet the various other site design and zoning requirements
(multi-family housing). The Tree Protection Plan notes that all tree protection
measures will be installed prior to any construction and a Tree Velification
Permit obtained in accordance with Chapter 18.61.042. In addition, dUling
construction the site will be monitored by the project arborist.
Buildings adjacent to streets shall be buffered by landscaped areas of at
least 10 feet in width.
The proposed application meets the Site Design Standards, Section II-B-3d.
The buildings will sit proudly along Clay and the new streets with porches and
landscaping between the buildings and the public sidewalk as illustrated on
the landscaping plan.
Parking areas shall be shaded by large canopied deciduous trees and shall
be adequately screened and buffered from adjacent uses.
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II-B-3f)
II-B-4)
II-B-4a)
II-B-4b)
II-B-4c)
II - B-5)
The project's landscaping plan identifies a number of shade trees in order to
reduce excessive heat gain. All of the parking is either screened or adequately
mitigated from the lights-of-way.
Irrigation systems shall be installed to assure landscaping successes.
Refer to Parking Lot Landscaping and Screening Standards for more
detail.
The proposed application will meet the Site Design Standards, Section II-B-3f
as an inigation system will be installed at the time the landscaping is installed.
The landscaping and the inigation system will be installed by a professional
landscape company.
Open Space
An area equal to at least 8% of the lot area shall be dedicated to open
space for recreation for use by the tenants of the development.
The proposed application meets the Site Design Standards, Section II-B-4a.
The applicant proposes 12,245 square feet (8%) of recreational space to be
used by the tenants. In addition, more open space is spread throughout the
property including the bio-swale areas, areas between buildings, porches and
balconies that have not been considered in this calculation.
Areas covered by shrubs, bark mulch and other ground covers which do
not provide a suitable surface for human use may not be counted toward
this requirement.
The above standard is intended to preclude areas that typically do not promote
space for outdoor activities or social gatherings. Such activities typically
include parking lot landscaping, architectural landscaping or landscaping
along pedestrian and vehicular access conidors. As such, the project's
Landscape Architect has designed the recreational space so that shrubs, bark
and similar ground covers are not included in the calculation. Neveliheless,
areas not included in the number that should be appreciated as recreational
space include the project's porches, balconies and wetland viewing platform
as each provide an opportunity for outdoor recreation and human interaction.
Decks, patios, and similar areas are eligible for open space criteria. Play
areas for children are required for projects of greater than 20 units that
are designed to include families.
The proposed application meets the Site Design Standards, Section II-B-4c.
and includes a play area, lawn area and a community building.
Natural Climate Control: Utilize deciduous trees with early leaf drop and
low bare branch densities on the south sides of buildings which are
occupied and have glazing for summer shade and warmth.
20
The proposed application mccts thc Sitc Dcsign Standards, Section II-B-5.
The landscaping plan was designed by a local landscape professional
knowledgeable of the various plant and tree specifications for this area. New
plantings include deciduous trees that provide for early leaf drop for full
winter solar access and summer shading.
II - B-6)
Building Materials: Building materials and paint colors should be
compatible with the surrounding area. Very bright primary or neon-type
paint colors which attract attention to the building or use are
unacceptable.
No bright or neon-type paint colors will be used on the building. The proposed
matelial and colors will be eatth tone colors consistent with building materials
and colors often found on residential buildings.
18.61.080 CRITERIA FOR ISSUANCE OF TREE REMOVAL - STAFF PERMIT:
An applicant for a Tree Removal-Staff Permit shall demonstrate that the following
criteria are satisfied. The Staff Advisor may require an arborist's report to substantiate
the criteria for a permit.
As noted, the proposal is to remove 12 trees of the site's 30 trees. All tree protection
measures have been designed by a licensed Arborist and Landscape Architect. The Tree
Protection Plan notes that all tree protection measures will be installed prior to any
construction and a Tree Verification Permit obtained in accordance with Chapter 18.61.042.
In addition, during construction the site will be monitored by the project arborist.
The criteria are as follows:
A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree
if the applicant demonstrates that a tree is a hazard and warrants removal.
None of the trees within the proposed project to be removed are being removed because they
are hazardous. Instead, they are being removed in order to develop the property in
accordance with the project's transpOltation needs and the City's Site Design Standards.
Nevertheless, it should be noted the Polar trees are very prone to limb breaks and considering
their size a concern as the Poplar limb that fell in 2006 nearly landed on the adjacent
neighbor to the south's house, but miraculously only causing minor damage.
B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree
that is not a hazard if the applicant demonstrates all of the following:
1. The tree is proposed for removal in order to permit the application to be consistent
with other applicable Ashland Land Use Ordinance requirements and standards. (e.g.
other applicable Site Design and Use Standards). The Staff Advisor may require the
building footprint of the development to be staked to allow for accurate verification of
the permit application; and
All of the trees to be removed are due to their location within a planned street or sidewalk
system which is required by the Land Use Ordinance or Site Design and Use Standards.
21
2. Removal of the tree will not have a significant negative impact on erosion, soil
stability, flow of surface waters, protection of adjacent trees, or existing windbreaks;
and
Removal of the trees will not have a significant impact on erosion as the trees to be removed
are on minimal sloping lands. According to the project ArbOlist, the removal of the trees will
not have a negative impact on erosion, soil stability, flow of surface waters, protection of
adjacent trees, or existing windbreaks.
3. Removal of the tree will not have a significant negative impact on the tree densities,
sizes, canopies, and species diversity within 200 feet of the subject property.
Removal of the tree will not have a significant negative impact on the tree densities, sizes,
canopies, and species diversity within 200 feet of the subject propeliy. Again, all of the
subject trees have been assessed by the project's arborist who has also chosen the
replacement trees.
The City shall grant an exception to this criterion when alternatives to the tree removal
have been considered and no reasonable alternative exists to allow the property to be
used as permitted in the zone. Nothing in this section shall require that the residential
density be reduced below the permitted density allowed by the zone. In making this
determination, the City may consider alternative site plans or placement of structures
or alternate landscaping designs that would lessen the impact on trees, so long as the
alternatives continue to comply with other provisions of the Ashland Land Use
Ordinance.
No exceptions are proposed with this application other than the street exception to meander a
sidewalk away from a 24" d.b.h. Cedar tree. The applicants have explored alternative
designs, but due to the configuration of the property, access management standards, and the
minimum density standards required in the zone, the proposed plan was chosen.
4. The City shall require the applicant to mitigate for the removal of each tree
granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be a
condition of approval of the permit.
The applicants are aware of this provision and will comply.
18.61.084 Tree Mitigation Required
An applicant may be required to provide mitigation for any tree approved for removal.
The mitigation requirement shall be satisfied by one or more of the following:
A. Replanting on site. The applicant shall plant either a minimum 1 Yz-inch caliper
healthy and well-branched deciduous tree or a 5-6 foot tall evergreen tree for each tree
removed. The replanted tree shall be of a species that will eventually equal or exceed
the removed tree in size if appropriate for the new location. The tree shall be planted
and maintained according to the specifications in the City Tree Planting and
Maintenance Guidelines as approved by the City Council.
22
The applicants will mitigate the loss of the 12 trees by planting at least 12 new trees within
the project's boundaries. In fact, the landscape plans show significantly more trees that the
required minimum.
B. Replanting off site. If in the City's determination there is insufficient available
space on the subject property, the replanting required in subsection A shall occur on
other property in the applicant's ownership or control within the City, in an open space
tract that is part of the same subdivision, or in a City owned or dedicated open space or
park. Such mitigation planting is subject to the approval of the authorized property
owners. If planting on City owned or dedicated property, the City may specify the
species and size of the tree. Nothing in this section shall be construed as an obligation of
the City to allow trees to be planted on City owned or dedicated property.
The applicants are aware of this standard and if determined to be necessary, the applicants
will comply.
C. Payment in lieu of planting. If in the City's determination no feasible alternative
exists to plant the required mitigation, the applicant shall pay into the tree account an
amount as established by resolution of the City Council.
The applicants are aware of this standard and if detelmined to be necessary, the applicants
will comply.
18.61.200 TREE PROTECTION
Tree Protection as required by this section is applicable to any planning action or
building permit.
A Tree Protection Plan has been submitted as part of the application in order to protect the
trees planned to be preserved as well as the site's neighboring trees. All tree protection
measures will be installed prior to any construction and a Tree Verification Permit obtained
in accordance with Chapter 18.61.042. No development activities, including, but not limited
to clearing, grading, excavation or demolition work will occur without the protection
measures in place. Protection measures will only be removed after completion of all
construction activity, including landscaping and inigation installation.
EXCEPTION TO STREET STANDARDS:
18.88.050.F - Exception to Street Standards - An exception to the Street Standards is not
subject to the Variance requirements of section 18.100 and may be granted vvith respect to
the Street Standards in 18.88.050 ?f all of the following circumstances are found to exist:
A. There is demonstrable difficulty in meeting the specific requirements of this
chapter due to a unique or unusual aspect of the site or proposed use of the site.
There is a demonstrable difficulty in meeting the aforementioned parkrow and
sidewalk standard in the far southwest corner of the property as it would require the
removal of an 18" Cedar tree.
B. The variance will result in equal or superior transportation facilities and
connectivity;
23
The request will result in the preservation of a mature Cedar tree and be at least equal
in value as the standard pedestlian transportation facility.
C. The variance is the minimum necessary to alleviate the difficulty; and
The request is the minimum necessary to alleviate the difficulty.
D. The variance is consistent with the stated Purpose and Intent of the Performance
Standards Options Chapter.
The stated Purpose and Intent of the Performance Standards Options Chapter are
found in Chapter 18.88.010 ofthe Ashland Municipal Code and is as follows:
18.88.010 Purpose and Intent - The purpose and intent of this Chapter is to allow an
option for more flexible design than is permissible under the conventional zoning
codes. The design should stress energy efficiency, architectural creativity and
innovation, use the natural features of the landscape to their greatest advantage,
provide a quality of l?fe equal to or greater than that provided in developments built
under the standard zoning codes, be aesthetically pleasing, providefor more efficient
land use, and reduce the impact of development on the natural environment and
neighborhood.
The request is consistent with the stated purpose and intent of the Performance
Standards Options Chapter found in Chapter 18.88.010 as the applicant is proposing
to retain a mature Cedar tree that would otherwise be removed.
24
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 January 23, 2009 I caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice to
each person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #2009-00043, 380 Clay Street.
SIGNED AND SWORN TO before me this 3rd day of February, 2009.
JFr;:ICIAL SEAL
80SWEll
NOTAf;>V PU8UC-OREGON
COMMiSSiON NO. 391525
; ;::JiF.:ES APR 07, 2009
&.....~...)~.'!
( / "":r'o _..' '
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Notary Public for State of O~egoD U
My Commission Expires: L/-- 1~' [) 7
Com m -Dev\Planning\ T em plates
"illiS.
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Planning Department, ~ .nburn 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:
SUBJECT PROPERTY:
APPLICANTS: Housing Authority of Jackson County and The City of Ashland
DESCRIPTION: A request for modifications and change to the phasing of the previously approved Planning Actions #2004-
00141 and #2007-00802 for the Willowbrook Subdivision to allow a Land Partition creating three lots and Site Review to
construct a 60-unit multi-family residential development for the property located at 380 Clay Street. The application includes a
request for a tree removal permit to remove 12 trees six-inches in diameter at breast height (d.b.h.) or greater where only
eight trees were previously approved for removal.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP #: 39
1 E 11C; TAX LOT #: 2500
2009-00043
380 Clay Street
NOTE: The Ashland Tree Commission will also review this Planning Action on February 5,2009 at 6:00 p.m. in the Community
Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way.
ASHLAND PLANNING COMMISSION MEETING: February 10,2009, 7:00 PM, Ashland Civic Center
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 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 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 35.1020-350104 ADA Title I).
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Department, 541-488-5305.
G:\comm-dev\planning\Notices MailedC2009\2009-00043 .doc
MINOR LAND PARTITION CRITERIA
Section 18,76,050 Preliminary Approval
An application for a preliminary partition shall be approved when the following conditions exist:
A The future use for urban purposes of the remainder of the tract will not be impeded.
8, The development of the remainder of any adjoining land or access thereto will not be impeded,
C, The tract of land has not been partitioned for 12 months,
D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the land,
E, The partitioning is in accordance with the design and street standards contained in the Chapter 18,88, Performance Standards Options,
(ORD 2836. 1999)
F, When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and specified
by City documents, for water, sanitary sewers, storm sewer, and electricity,
G, When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as
designated in the Comprehensive Plan, Such access shall be improved with an asphaltic concrete pavement designed for the use of the
proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department.
1, The Public Works Director may allow an unpaved street for access for a minor land partition when all of the following conditions exist:
a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street.
b, The centerline grade on any portion of the unpaved street does not exceed ten percent.
2, Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the
rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street
improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full
street improvements shall include paving, curb, gutter, sidewalks and the undergrounding of utilities, This requirement shall be precedent to
the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied.
H, Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. (ORD 2951,
2008)
SITE DESIGN AND USE STANDARDS
18,72.070 Criteria for Approval
The following criteria shall be used to approve or deny an application:
A All applicable City ordinances have been met or will be met by the proposed development.
8, All requirements of the Site Review Chapter have been met or will be met.
C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter,
D, That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and
adequate transportation can and will be provided to and through the subject property, All improvements in the street right-of-way shall comply with
the Street Standards in Chapter 18.88, Performance Standards Options, (ORD 2655,1991; ORD 2836,1999)
TREE REMOVAL
18,61,080 Criteria for Issuance of Tree Removal- Staff Permit
An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied, The Staff Advisor may require an arborist's report to
substantiate the criteria for a permit.
A Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and
warrants removal.
1, A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or property, A hazard
tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and
such facilities or services cannot be relocated or the damage alleviated, The applicant must demonstrate that the condition or location of the tree
presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot
reasonably be alleviated by treatment or pruning,
2, The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18.61.084, Such mitigation requirements
shall be a condition of approval of the permit.
8, Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the
following:
1, The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance
requirements and standards, including but not limited to applicable Site Design and Use Standards and Physical and Environmental Constraints,
The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and
2, Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or
existing windbreaks; and
3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of
the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no
reasonable alternative exists to allow the property to be used as permitted in the zone, Nothing in this section shall require that the residential
density be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or
placement of structures or alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with
other provisions of the Ashland Land Use Ordinance,
4, The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18,61.084. Such mitigation
requirements shall be a condition of approval of the permit. (ORD 2951, 2008; ORD 2883, 2002)
G :\comm-dev\planning:Notices Mailed:2009:2009-00043 .doc
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PO BOX 3084
ASHLAND OR 97520
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PO BOX 3592
ASHLAND OR 97520
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321 CLAY ST 68
ASHLAND OR 97520
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BURKE JACKIE J
5155 SADDLE BROOK DR
OAKLAND CA 94619
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321 CLAY ST 27
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COFFMAN WANDA W
215 TOLMAN CREEK RD 9
ASHLAND OR 97520
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PO BOX 5753
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321 CLAY ST 16
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321 CLAY ST 74
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321 CLAY ST 103
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321 CLAY ST 26
ASHLAND OR 97520
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13405 HWY 66
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321 CLAY ST 83
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321 CLAY ST 101
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1131 HIGHWOOD DR
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321 CLAY ST 96
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BUDROE WILLETTE JOSEPHINE
5281 CLEMSON
VENTURA CA 93003
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321 CLAY ST A
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321 CLAY ST 11
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321 CLAY ST 65
ASHLAND OR 97520
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1257 SISKIYOU BLVD 1170
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321 CLAYST114
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321 CLAY ST 5
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321 CLAY ST 61
ASHLAND OR 97520
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400 CLAY ST
ASHLAND OR 97520
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215 TOLMAN CREEK RD 19
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321 CLAY ST 39
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321 CLAY ST 75
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260 MEADOWS DR
ASHLAND OR 97520
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321 CLAY ST 25
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FREDINBURG SHERI ANN
215 TOLMAN CREEK RD 1
ASHLAND OR 97520
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215 TOLMAN CREEK RD 12
ASHLAND OR 97520
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215 TOLMAN CRK RD 38
ASHLAND OR 97520
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321 CLAY ST 39
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215 TOLMAN CREEK RD 3
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321 CLAY ST 70
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321 CLAY ST 90
ASHLAND OR 97520
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321 CLAY ST 64
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18534 WHITE OAK DR
SONOMA CA 95476
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321 CLAY ST 106
ASHLAND OR 97520
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215 TOLMAN CR RD 36
ASHLAND OR 97520
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321 CLAY ST 2
ASHLAND OR 97520
PA-2009-00043 391E11C 3000
HEIDIG HEIDI
396 IDAHO ST
ASHLAND OR 97520
PA-2009-00043 391E11C 3000
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321 CLAY ST 56
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363 IOWA ST
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INNES JUANITA
321 CLAY ST 52
ASHLAND OR 97520
PA-2009-00043 391E11C 3000
JAMES ELLEN JOANN
321 CLAY ST 10
ASHLAND OR 97520
PA-2009-00043 391E11CB 1200
JOHNSTON ROSS R JR
301 CLAY ST
ASHLAND OR 97520
PA-2009-00043 391E11C 3000
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321 CLAY ST 24
ASHLAND OR 97520
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775 TOLMAN CREEK RD
ASHLAND OR 97520
PA-2009-00043 391 E11C 3000
LIVESAY LAWRENCE W TRUSTEE ET AL
1410 GRIZZLEY CT
YREKA CA 96097
PA-2009-00043 391E11C 3000
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321 CLAY ST 110
ASHLAND OR 97520
PA-2009-00043 391 E11 C 3000
MARSH DOUGLAS ROGERS
321 CLAY ST 29
ASHLAND OR 97520
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1320 PROSPECT ST
ASHLAND OR 97520
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JEFFERS BILLY DON
215 TOLMAN CR RD 32
ASHLAND OR 97520
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KELLY PAMELA LEE
321 CLAY ST 76
ASHLAND OR 97520
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LANE STEVEN CARROLULlNDA JOYCE
215 TOLMAN CREEK RD 33
ASHLAND OR 97520
PA-2009-00043 391E11 C 3000
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321 CLAY ST 34
ASHLAND OR 97520
PA-2009-00043 391E11CA 2900
LULL SUMMER ELIZABETH
215 TOLMAN CREEK RD 8
ASHLAND OR 97520
PA-2009-00043 391E11C 3000
MAC KENZIE DAVID A
321 CLAY ST 40
ASHLAND OR 97520
PA-2009-00043 391E11C 3000
MARTINIE MAXINE
PO BOX 1172
ASHLAND OR 97520
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321 CLAY ST 55
ASHLAND OR 97520
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321 CLAY ST E
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321 CLAY ST 48
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321 CLAY ST 30
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2165 BIRCHWOOD LN
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2133 BIRCHWOOD LN
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321 CLAY ST 95
ASHLAND OR 97520
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PO BOX 788
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321 CLAY ST 98
ASHLAND OR 97520
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970 SE RATCLIFF DR
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215 TOLMAN CR RD 34
ASHLAND OR 97520
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NEWBOMB LESLEE
PO BOX 3023
ASHLAND OR 97520
PA-2009-00043 391 E11C 3000
NIMS DELORES
321 CLAY ST 109
ASHLAND OR 97520
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321 CLAY ST 44
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301 CLAY ST
ASHLAND OR 97520
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321 CLAY ST 17
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215 TOLMAN CREEK RD 13
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321 CLAY ST 116
ASHLAND OR 97520
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PRINCE LOUANN
321 CLAY ST 6
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PA-2009-00043 391E11C 3000
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321 CLAY ST 57
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RANGER SUSAN BETH
321 CLAY ST 3A
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321 CLAY ST 49
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321 CLAY ST 32
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321 CLAY ST 46
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MOTEN MARIAN BARBARA
321 CLAY ST 71
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MURPHY RACHEL
321 CLAY ST 4
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NICHOLSON E H
321 CLAY ST 7
ASHLAND OR 97520
PA-2009-00043 391E11C 3000
OCEANA HELEN DIANNE
321 CLAY ST 85
ASHLAND OR 97520
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321 CLAY ST 21
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321 CLAY ST 80
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RACHLES JUNE TRUSTEE I
215 TOLMAN CREEK RD 6
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321 CLAY ST 86
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SAVARD ROSEMARY P
321 CLAY ST 62
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SCHA TTLER DIANNE JEANNE TRE
321 CLAY ST C
ASHLAND OR 97520
PA-2009-00043 391E11C 3000
SEMRAU JEAN
321 CLAY ST 60
ASHLAND OR 97520
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SHERMAN FRANK A1KA THLEEN A
2237 CAL YOUNG RD
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SIMONSEN IVAN OLAF
215 TOLMAN CREEK RD 29
ASHLAND OR 97520
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SMITH SHEILA ANN
13350 HWY 66
ASHLAND OR 97520
PA-2009-00043 391E11C 3000
SOMERSET CHRISTINE M
321 CLAY ST 50
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321 CLAY ST 111
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ROSENTHAL EDWARD JAMES or Current
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ASHLAND OR 97520
PA-2oo9-00043 391E11CB 1300
SCAIFE ROY JILOLA M
295 E CLAY ST
ASHLAND OR 97520
PA-2009-00043 391E11C 3000
SCHEll JOAN M
321 CLAY ST 99
ASHLAND OR 97520
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SEROPIAN BARBARA H
215 TOLMAN CR RD 30
ASHLAND OR 97520
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SHOUP RICHARD L !SALL Y S
215 TOLMAN CREEK RD 31
ASHLAND OR 97520
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1968 TREEWOOD LN
SAN JOSE CA 95132
PA-2009-00043 391E11CA 2900
SMITH SHERRY
2305 ASHLAND ST 281
ASHLAND OR 97520
PA-2009-00043 391E11C 3000
SON KA TRINA DENISE
321 CLAY ST 8
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321 CLAY ST 104
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215 TOLMAN CREEK RD 26
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PA.2009-00043 391E11CB 1300
SCAIFE ROY LJLOLA
295 CLAY ST
ASHLAND OR 97520
PA-2oo9-00043 391 E11 C 3000
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321 CLAY ST 82
ASHLAND OR 97520
PA-2009-00043 391E11C 3000
SHEPHERD BETTY DORENE
321 CLAY ST 12
ASHLAND OR 97520
PA-2009-00043 391E11C 3000
SHULTS ANDREA LYNN
321 CLAY ST 88
ASHLAND OR 97520
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215 TOLMAN CREEK RD
ASHLAND OR 97520
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SMITH STACIA LAUREL clo SAVAGE
STACIA L
321 CLAY ST 113
ASHLAND OR 97520
PA-2009-00043 391E11C 3000
SPENCER HARRY H
7322 CHARTER OAK LP
TEMPLE TX 76502
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321 CLAY ST 107
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321 CLAY ST 77
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~ .. 321 CLAY ST 23
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THIRING DONALD C
PO BOX 3556
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TROWBRIDGE BRUCE MELVIN
321 CLAY ST 38
ASHLAND OR 97520
PA-2009-00043 391E11CC 1300
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2101 BIRCHWOOD LN
ASHLAND OR 97520
PA-2009-00043 391 E11C 3000
WENDTJACK/SHARON
321 CLAY ST 3
ASHLAND OR 97520
PA-2009-00043 391 E11 CC 202
WILDMAN ROBERT/WILDMAN ALLISON
420 CLAY ST
ASHLAND OR 97520
P A-2009-00043 391 E 11 CA 2900
WINNER MELVIN RAY
215 TOLMAN CR RD 22
ASHLAND OR 97520
P A-2009-00043
Housing Authority of Jackson County
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215 TOLMAN CR RD 15
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_ 215 TOLMAN CREEK RD 18
ASHLAND OR 97520
PA-2009-00043 391 E11 CA 2900
TOLMAN CREEK PARK LLC
1182 TIMBERLINE TERR
ASHLAND OR 97520
PA-2009-00043 391E11CA 2900
VALINE ROBERT ARTHUR
215 TOLMAN CREEK RD 2
ASHLAND OR 97520
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WATKINS MONNIE 0
215 TOLMAN CR RD 4
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WENNLUND KAREN LOU
321 CLAY ST 111
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WILLSON NANCY
321 CLAY ST 84
ASHLAND OR 97520
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WITYSHYN MARILYN
321 CLAY ST 108
ASHLAND OR 97520
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Ashland, OR 97520
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321 CLAY ST 19
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TRAVALLEE DANIEL
215 TOLMAN CR RD 23
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VISAGORSKIS GENEALLE
215 TOLMAN CREEK RD 5
ASHLAND OR 97520
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WEBER PATRICK C
321 CLAY ST 66
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WIGHT DAVID EDWARD
215 TOLMAN CREEK RD 20
ASHLAND OR 97520
PA-2009-00043 391 E11C 3000
WINGSPREAD LLC
821 JACKSON ST
MEDFORD OR 97504
P A-2009-00043 391 E 11 C 3000
WRAIGHT CHARLES WAL TER/TERRI
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321 CLAY ST 102
ASHLAND OR 97520
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Laurie Sager & Associates Inc
700 Mistletoe Rd Ste. 201
Ashland, OR 97520
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JACKSON COUNTY
INFORMATION n!CHNOlOGY
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Tax Lol OuUines
Tax Lot Numbers
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JACKSON
COUNTY
Oregon
CITY OF ASHLAND
PLANNING APPLICATION
SNOWBERRY BROOK RESIDENTIAL HOUSING
An affordable housing development for the
Housing Authority of Jackson County for
380 Clay Street
PROPOSAL: This planning application proposal is for five land use entitlements for the
9.63-acre parcel off Clay Street formally known as the Willowbrook Subdivision:
. a 3-lot Land Partition (modified from a 53 lot subdivision);
. a Site Review Permit modification of Planning Action #2004-141 to construct 60 multi-
family units (modified from 117 units);
. Amendment to certain Conditions of Planning Action #2004-141; and
. a Tree Removal Permit modification of Planning Action #2004-141 to remove 12 trees
greater than 6" d.b.h. (modified from eight trees)
. an exception to the City Street Standards to allow a portion of the sidewalk along Clay
Street to meander around a Cedar tree located in the southwest corner of the property
(unchanged from Planning Action #2004-141).
PROJECT INFORMATION:
APPLICANTS:
Housing Authority of Jackson County
2251 Table Rock Road
Medford, OR 97501
LAND USE PLANNING:
Urban Development Services, LLC
485 W, Nevada Street
Ashland, OR 97520
Tel: 541-482-3334
LANDSCAPE ARCHITECT:
Laurie Sager & Associates, Inc,
700 Mistletoe Road, Suite 201
Ashland, OR 97520
Tel: 541-488-1446
CIVIL ENGINEERING:
Construction Engineering Consultants
P,O, Box 1724
Medford, Oregon 97501
Tel: 541-779-5268
SURVEYOR:
L.J, Friar & Associates
816 W, 8th Street
Medford, Oregon 97501
Tel: 541-482-5009
OWNER:
City of Ashland
20 E, Main Street
Ashland, OR 97520
OWNER:
Housing Authority of Jackson County
2251 Table Rock Road
Medford, OR 97501
DRAFTING & DESIGN
Daniel R, Horton
169 W, Main Street
Eagle Point, OR 97524
Tel: 541-830-1014
ARBORIST:
Laurie Sager & Associates, Inc,
700 Mistletoe Road, Suite 201
Ashland, OR 97520
Tel: 541-488-1446
WETLAND BIOLOGIST:
Agate Engineering
1175 East Main Street
Medford, OR 97501
Tel: 541-282-7930
1
ADDRESS & TAX LOT:
380 Clay Street
Assessor's Map 391E 11 C, Tax Lot 2500
ZONING & COMPREHENSIVE PLAN DESIGNATION:
R-2; Multi-Residential
HISTORY:
In June and July of 2005, the Ashland Planning Commission unanimously approved and
issued their Findings of Fact for the Subdivision's Outline Plan, Site Review Permit, a Tree
Removal Permit and Exception to Street Standards, At that time, the Planning Commission
also forwarded to the Ashland City Council their recommendation for Annexation,
Comprehensive Plan and Zone Map amendments (PA-2004-141).
In March and June of 2006, the Ashland City Council approved and issued their Findings of
Fact on the Annexation, Comprehensive and Zone Map amendments (P A -2004-141).
In October 2006, a request for a one year extension was granted for the subdivision's Outline
Plan, Site Review Permit, Tree Removal Permit and Exception to Street Standards (P A-2006-
02009),
In July 2007, a request for a one year extension was granted for the subdivision's Outline
Plan, Site Review Permit, Tree Removal Permit and Exception to Street Standards (P A-2007-
01229).
In July 2008, a request for a one year extension was granted for the subdivision's Final Plan,
Site Review Permit, Tree Removal Permit and Exception to Street Standards (P A-2008-
01060).
In November 2008, the Ashland City Council and the Housing Authority of Jackson County
agreed to acquire the property for the purpose of affordable housing and park land.
INTRODUCTION:
The subject property is located at 380 Clay Street, immediately adjacent to the YMCA soccer
fields - between Ashland Street and East Main Streets. The property was recently annexed
into the City and concunently received approval for a 53-lot subdivision, 117 (reduced to
107 units with Final Plan application) single and multi-family units, a tree removal permit
and an exception to the street standards for a meandering sidewalk adjacent to a tree
(Planning Action 2004-141), Of the original 107 units, 17 units were to be affordable and the
remaining market rate. The developer had finalized his financing, completed all of the Home
Owner's Association documents, generated all of the civil engineering documents and was
preparing to start construction. In November of 2008, the City of Ashland and the Housing
Authority of Jackson County agreed to purchase the property in order to develop portions of
the property for affordable housing, additional park land or both.
As noted, the applicants are proposing five land use entitlements and modifications to the
original approval which include:
. a 3-lot Land Partition (modified from a 53 lot subdivision);
2
· a Site Review Permit modification of Planning Action #2004-141 to construct 60 multi-
family units (modified from 117 units);
. Amendment to certain Conditions of Planning Action #2004-141; and
. a Tree Removal Permit modification of Planning Action #2004-141 to remove 12 trees
greater than 6" d,b.h, (modified from eight trees)
· an exception to the City's Street Sandards to allow a portion of the sidewalk along Clay
Street to meander around a Cedar tree located in the southwest corner of the property
(unchanged from Planning Action #2004-141).
PARTITION:
Lot #1: Lot #1 is 5.63 acres in area with an average slope of approximately 3%. The parcel
includes the property's .83 acres of wetlands, a future road right-of-way along the northern
property line, a large portion of land adjacent to the YMCA soccer fields, the existing farm
house and accessory buildings and virtually all of the sites trees. The parcel is oddly shaped
and will be a remainder parcel (undeveloped) until the property is developed into public park
lands, additional housing or a combination thereof.
Lot #2: Lot #2 is 4,00 acres in area with an average slope of approximately 3%. The parcel is
"L" shaped and incorporates the proposed housing area, off-street parking area, common
spaces, play areas and new streets. Lot #2 will be owned and maintained by the Housing
Authority of Jackson County,
SITE REVIEW PERMIT:
Density: The property is zoned R-2 with a base density of 13,5 units an acre, The subject
parcel is 4 acres in size allowing up to 54 units with an additional 6 units being added via
density bonus provisions, In this case, all of the 60 units are to be affordable rental units
allowing for an additional density of 25% (18.106,030 G.). As such, 67,5 units are allowed
because ofthe density bonus, but only 60 units are proposed with this application. Note: Due
to the annexation provisions of Chapter 18.88.030 F. the 5,63 acre remainder lot (Lot #1),
minus areas of natural constraint, parks or right-of-way, will need to provide 90% of the
zones base density when developed,
Units: The proposal includes 60 affordable rental units to be owned, maintained and managed
by the Housing Authority of Jackson County, The housing sizes and types vary as follows:
12 - one-bedroom 665 square foot flats
26 - two-bedroom 948 square foot townhomes
12 - two-bedroom 888 square foot flats
10 - three-bedroom 1182 square foot flats
60 units total with 918 square feet of average living area per unit
Vehicle Parking:
The parking requirements and obligations per 18.92.020 and 18.88.060 are as follows:
Studio units or I-bedroom units less than 500 sq. ft. --1 space/unit.
I-bedroom units 500 sq. ft. or larger--1.50 spaces/unit.
2-bedroom units--1. 75 spaces/unit.
3-bedroom or greater units--2. 00 spaces/unit.
+ lon-street space per unit
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Proposed Unit Types:
One-bedroom
Two-bedroom (TH)
Two-bedroom
Three-bedroom
Total Required Parking:
Total Provided Parking:
# of Units
12
26
12
10
Vehicle parking spaces required
18
45,5
21
20
104.5 (105)
110
Bike Parking:
The bike parking requirements and obligations per 18,92.040 are as follows:
One sheltered space per studio and I-bedroom unit
1.5 sheltered spaces per 2-bedroom unit
2.0 sheltered spaces per 3-bedroom unit
Proposed Unit Types:
One-bedroom
Two-bedroom (TH)
Two-bedroom
Three-bedroom
Total Required Bike Parking:
Total Provided Bike Parking:
# of Units
12
26
12
10
Bike parking spaces required
12
39
18
20
89
92 (sheltered)
Architectural Design: The proposed buildings are well articulated and have a variety of
building accents, fluctuations and material changes typically not found in traditional multi-
family developments. The incorporation of these elements provides a visual opportunity for
not only improved aesthetics, but also individualism, Each group of buildings has multiple
rooflines, staggered volumes (porches, wall faces, etc.) and heights to help break-up building
mass. Each unit has their own porch or balcony depending on the type of unit.
The elevations show a variety of materials being used with shingle siding in the pediments
and base, standard siding on the walls, standing seam roofing, and 3~ trim around the
windows and doors. Furthermore, the unit's porch posts are to 6" X 6" with a wrapped base
and when combined with the shingled base, give the units a sense of permanence. All of the
units will be painted in earth tone exterior colors,
Building Orientation: The plans show ten sets of building groups ranging from four to six
units per group. All of the buildings orient towards the street or the site's wetlands, All
parking, other than parallel on-street parking, is to the rear or sides of the building in an
attempt to minimize its appearance. Each individual unit has its own sidewalk leading
directly to the porch and front door helping to not delineate each unit, but also improving
their sense of entry.
Common Building and Recreation Area: The proposal includes a neo-craftsman
"community" building and recreational "play area" within the center of the project. The
community building is attractively designed with multiple fronts creating an inviting feel.
Each front has a large covered patio with three of the fronts having glass entry doors and
windows allowing for a "natural" security by the residents. The project's play area or "tot-
lot" includes a play structure commonly found at the elementary schools. Both the
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community building and play area are delineated by sidewalk or short walls. The overall area
of the recreational space and play area is 9% of the project. The project's wetlands are not
included in the calculations although they clearly are a visual amenity and include a viewing
platform and sidewalks on three sides,
Conservation Measures: Although not required by code, the proposed development will
comply with either the "Enterprise Green Communities Compliance Path" or the "Earth
Advantage Certification Path," but most likely the latter. The specific elements of this project
will include at minimum the following:
. Energy Star lighting throughout
. Upgraded attic insulation to R49
. Upgraded window U value to U.35 or better
. Energy Star appliances including: refrigerator, dishwasher, & clothes washer
· Energy efficiency / low SEER PTHP and forced air units
. Water efficient toilets using 1.6 gals, per flush or less
· Low flow shower heads and faucet aerators
. Use of engineered wood products where possible
· Use of recycled contents in finish flooring
. Native trees and plants appropriate to the site and climate to be specified.
· Interior paints, adhesives, and sealants to be specified as low or no VOC.
. Retention of wetlands in its natural state
· Metal roofs for "clean" storm water runoff routed directly into adjacent wetlands.
. Street, parking and sidewalk storm water run off to be retained and treated biologically via
on-site bio-swales,
In addition, besides the new sidewalk to be added along the project's Clay Street frontage
(units, wetlands and City property), the applicants will be constructing a "significant"
amount of off-site sidewalk and street improvements in order to improve the areas limited
pedestrian facilities. This includes approximately 330' of sidewalk and curbing along the
adjacent County property to the north and an additional 100' of sidewalk and curbing to the
south connecting the existing sidewalk leading to Ashland Street. These improvements help
facilitate pedestrian movement and keep vehicular trips to a minimum, Considering this
property is located within \4 mile (5 minute walk) of retail facilities, professional offices,
grocery stores and other services, the reduction in vehicular trips should be realized, No other
off-site improvements are proposed other than standard utility and storm water improvements
as noted herein.
Street Designs: All of the project's streets, as well as Clay Street, will be improved to current
City Street Standards. The interior streets are to have a 52' right-of-way and a % street
improvement with two 10' travel lanes, a 7' parking lane, 8' planting strip and 5'-6"
sidewalk. The remaining \4 street improvement (along the edges of Lot #1) will occur when
that portion of the property is developed. Along the property's Clay Street frontage the plans
show additional paving allowing for two travel lanes and a bike path, 6' sidewalk and a 7' -6"
planting strip for street trees. However, the plan also shows the planting strip as a "bio-
swale" in an attempt to retain heavy metal particulates from the street's storm runoff prior to
release into Bear Creek (see Sheet 6, Agate Engineering plans for details), Although this type
of improvement isn't common in Ashland, it's very common in Portland and Eugene in an
attempt to biologically reduce pollutants prior to entering major stream corridors, The best
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local example of this type of bio-swale improvement is within the parking lot of North
Mountain Park.
Transportation: The original Traffic Impact Analysis for this site was for 130 single family
and multi-family residential units. In that analysis, the findings concluded that three of the
four intersections impacted by the project will continue to meet applicable mobility standards
but for one - Clay and Ashland Street. In that analysis, it concluded the intersection would
meet mobility standards if a dedicated right-hand turn lane was added at the intersection. In
this scenario, there would be one in-bound lane, one out-bound left lane and one out-bound
right lane.
This application continues to agree with the analysis, However, considering the recent
discussions involving this intersection and the Coming Attractions Theatres project at 2200
Ashland Street (P A02008-01318, Approved December 13th, 2008) and the Oregon
Department of Transportation's position on that application's turning movements onto
Ashland Street (a State Highway), there is likely to be a raised median at this intersection
which would nullify the need for the additional lane. As such, the applicants are proposing to
install the lane's pavement without curbing, but would request the improvement be deferred
until the proposed units are initially occupied and not complete the lane's paving if the
median is installed prior to occupancy. Under this scenario, a significant amount of asphalt,
effOli and cost could be avoided as there would be no purpose for an "'additional" turn lane
if the median was installed first.
Wetlands: The subject property has ,83 acres (36,499 sq. ft,) of wetlands located within the
northwest corner of the property along Clay Street. As with the previous application, the
wetlands are to be retained, slightly modified and expanded in order to improve its
functionality and aesthetics. In addition, the wetlands will have a "public" viewing platform
from the Clay Street sidewalk as illustrated on the project's landscaping plans and wetland
plans. In addition, various types of wetland plants will be added in order to increase its
ecological and biological benefits. When complete, the wetlands will have a total area of .93
acres (40,490 sq, ft.) - not including the bio-swale areas noted below which will likely
increase the appearance of the wetland by an additional 10% to 15%. As noted previously,
the application doesn't include the wetland area as part of the project's recreational space
even though there is a viewing platform and pedestrian sidewalks on three sides.
The wetland boundaries have been officially delineated and accepted by the Division of State
Lands (DSL) and were approved as part of the original application along with the proposed
wetland plan approved by both DSL and the Corp. of Engineers. The proposed improvement
plans have also been review by DSL and the Corp. of Engineers and final approval will occur
once all of the applicable engineering documents are complete. All communication to this
point with both DSL and the Corp. has been very favorable.
Bio-Swales: As noted, the application also includes a number of bio-swales throughout the
site in order to biologically improve storm water quality by removing suspended solids to
settle out and retain storm water during peak storm events - minimizing downstream
capacity issues and erosion problems. The plantings within the bio-swales help filter
particulates and their associated pollutants as runoff passes slowly and evenly throll~ the
channel. The pollutants are then incorporated into the soil where they may be immbbilized
and/or decomposed by plants and microbes.
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Landscape Strategies: The planting plan was completed by a local Landscape Architect,
Laurie Sager & Associates, familiar with the area's climate. The Landscaping Plans illustrate
the various types of trees, plants, and groundcover proposed for the project based on their
relationship from the sun, least active areas and most active areas, In addition, the
Landscaping Plans show a heavy emphasis on plants and shrubs, rather than a water
consumptive lawn.
The parking areas provide shade trees in an attempt to minimize surface heat gain, shade
vehicles and sidewalks. There are a number of extended landscape islands within the parking
area to help soften the area and break up the linear alignment of parking spaces. Street trees
are to be planted 30' on center and planted in accordance with the specified standards noted
on the landscape plans. The trees have been chosen from the adopted Street Tree list based
upon their setting and amount of hydrology.
Utilities: Within the development and along Clay Street the electrical, television and
telephone service will be underground within a 10' wide public utility easement. The sanitary
sewer and water lines will connect to the existing service lines within the Clay Street right-
of-way. Storm water mnoff will drain to the existing system along Clay Street and to the
planned bio-swales. In addition, an equal portion of storm water that currently drains onto the
5 acre property to the north (Cooper property) has been engineered to continue to drain in
order to retain the historic level of hydrology that feeds that property's wetlands.
AMENDMENT TO CONDITIONS (PA-2004-141):
The proposal is partition the lot into two parcels and developed in two phases. As such, the
conditions of approval applied to the original Site Review Pelmit and Outline Plan
Subdivision (PA-2004-141) either no longer apply or more aptly should apply with the
conect phase - regardless if the next phase is developed as a park, additional housing or
both.
The following conditions of approval are include "suggestive" amendments (delctcd / added)
followed by the applicant's explanation,
1) That all proposals of the applicant are conditions of approval unless otherwise
modified here.
2) That a consent to annexation form be completed, which is non-revocable for a period
of one year from its date.
A consent to annexation agreement has been submitted.
3) That a boundary description and map be prepared in accordance with ORS 308.225.
A registered land surveyor shall prepare the description and map. The boundaries
shall be surveyed and monuments established as required by statute subsequent to
Council approval of the proposed annexation.
A boundary description and map, prepared in accordance with ORS 308.225 by a
registered land surveyor (Jim Hibbs, LJ. Friar & Associates) has previously been
submitted,
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4) That the applicant submit an electric distribution plan including loan calculations
and locations of all primary and secondary services including transformers, cabinets
and all other necessary equipment. This plan must be reviewed and approved by the
Electric Department prior to Final Plan at the time of Building Permit submittals.
Transformers and cabinets shall be located in areas least visible from streets, while
considering the access needs of the Electric Department.
The subject property is no longer being subdivided into multiple lots, but instead
partitioned into two lots. In this case, all civil drawings and documents submittals will
be provided at the time the building plans are submitted and delivered to the Electric
Department at that time for their review and approval.
5) That a final utility plan for the project shall be reviewed and approved by the
Engineering Division and Building Division at the time of Final Plan Building
Permit submittals. The utility plan shall include the location of connections to all
public facilities in and adjacent to the development, including the locations of water
lines and meter sizes, sewer mains and services, manholes and clean-outs, storm
drainage pipes and catch basins.
The subject property is no longer being subdivided into multiple lots, but instead
partitioned into two lots. In this case, all civil drawings and documents submittals will
be provided at the time the building plans are submitted and delivered to the
Engineering and Building Departments at that time for their review and approval.
6) That the identification, relocation and piping of existing irrigation facilities be
addressed at the time of Final Plan Building Permit submittals. The design,
relocation and installation of irrigation system shall be reviewed and approved by the
Talent Irrigation District prior to the City of Ashland approval of the final
engineering construction documents. The irrigation facilities shall be installed as
part of the overall public infrastructure requirements.
The subject property is no longer being subdivided into multiple lots, but instead
partitioned into two lots, In this case, all civil drawings and documents submittals will
be provided at the time the building plans are submitted and delivered to the Talent
Irrigation District at that time for their review and approval.
7) That the engineering design of all on-site storm water detention systems (i. e.
wetland/detention system) shall be reviewed and approved by the Public Works
Department, Building Official and Staff Advisor prior to Final Plan apprmal at the
time of Building Permit submittals and the commencement of public infrastructure
installation and the issuance of an excavation permit. The design of the
wetland/detention shall incorporate required pollution control systems (if
applicable), while the discharge shall be designed so as not to significantly increase
the volume of runoff beyond pre-development amounts on the property to the north.
The permanent maintenance of on-site storm water detention systems must be
addressed through the project's CC&Rs and approved by the Public Works
Department and Building Division.
8
The subject property is no 10nger being subdivided into multiple lots, but instead
partitioned into two lots. In this case, all civil drawings and documents submittals will
be provided at the time the building plans are submitted and delivered to the
Engineering, Building and Planning Department at that time for their review and
approval. Considering there no longer will be multiple lot owners, but instead one
owner (the City of Ashland), there are no CC&Rs.
Nevertheless, it should be clearly understood the project's Civil Engineer completed
the engineering documents for the subject storm water detention systems for the
previous application which were reviewed and approved by the Ashland Public
Works Department as they relate to this condition and specifically the property to the
north,
8) That the engineering construction drawings for Clay Street comply with City of
Ashland Local Street Standards. Clay Street shall be improved along the entire
frontage of the property. Improvements to Clay Street shall consistent approximately
with the following standards: 28 feet of pavement overlay width (includes two travel
lanes and an approximately six-foot bike lane), curb and gutter, storm drains, 7.5'
planting strip and a six-foot wide public sidewalk. The Pinal Plan civil plans shall
include profiles and cross sections, with erosion control and slope stability
methodologies installed consistent with the standards contained in AMC 18.62. 080B.
The subject property is no longer being subdivided into multiple lots, but instead
partitioned into two lots. In this case, all civil drawings and documents submittals will
be provided at the time the building plans are submitted and delivered to the
Engineering and Planning Department at that time for their review and approval.
9) That a half street improvement including curb and gutter, storm drain facilities,
planting strip and public sidewalk be installed along the street frontage of the
neighboring property to the north (39 IE llCV, #1100). The design of these
improvements shall be consistent with Ashland's Local Street Standards, allow for a
smooth transition to the adjoining sidewalk network and be provided at the timc of
Final Plan prior to issuance of a Certificate of Occupancy Permit. Such
improvements shall be installed as part of the overall public infrastructure
requirements for the subdi"v'ision project.
The subject property is no longer being subdivided into multiple lots, but instead
partitioned into two lots. Regardless, a half street improvement including curb and
gutter, storm drain facilities, planting strip and public sidewalk will be installed along
the street frontage of the neighboring property to the north (39 IE lICV, #1100).
The design of these improvements will be consistent with Ashland's Local Street
Standards and will allow for a smooth transition to the adjoining sidewalk network.
10) That an engineering design for a right turn only lane on southbound Clay Street at
Ashland Street shall be provided at the time of Pinal Plan Building Permit
submittals. The engineered design shall include the widening of pavement width -at
the intersection; installation of curb and gutter, storm drain facilities (if applicable)
and sidewalks from the Clay Street/Ashland Street intersection to and through the
bend (i.e. elbow) in Clay street to the existing curb and sidewalk on the west instdlled
9
as part of the overall public irifrastructure requirements for the subdivision.
Widening improvements for the right turn only lane may be deferred until issuance
of a Certificate of Occupancy Permit with all other improvements noted herein
deferred until Lot #1 is developed. Widening improvements for the right turn lane
shall not be completed if a median on Ashland Street is installed prohibiting east
bound (left) turning movements from Clay Street onto Ashland Street (Highway
66),
As noted above, the original Traffic Impact Analysis for this site was for 130 single
family and multi-family residential units, In that analysis, the findings concluded that
three of the four intersections impacted by the project will continue to meet
applicable mobility standards but for one - Clay and Ashland Street. In that analysis,
it concluded the intersection would meet mobility standards if a dedicated right-hand
turn lane was added at the intersection, In this scenario, there would be one in-bound
lane, one out-bound left lane and one out-bound right lane,
This application continues to agree with the analysis. However, considering the recent
discussions involving this intersection and the Coming Attractions Theatres project at
2200 Ashland Street (P A02008-01318, Approved December 13th, 2008) and the
Oregon Department of Transportation's formidable position on that application's
turning movements onto Ashland Street (a State Highway), there is likely to be a
raised median at this intersection which would nullify the need for the additional lane.
As such, the applicants are proposing to install the lane's pavement without curbing,
but would request the improvement be defened until the proposed units are initially
occupied and not complete the lane's paving if the median is installed prior to
occupancy. Under this scenario, a significant amount of asphalt, effort and cost could
be avoided as there would be no purpose for an "'additional" turn lane if the median
was installed first.
11) That the engineered construction drawings for all new public streets within the
project shall comply with City of Ashland Local Street Standards. The minimum
street width shall be no less than 22 feet in width at intersections (unless permitted by
the Ashland Fire Department), and a minimum width of 26 to 28 feet when
accommodating on-street parking on both sides of the street. Plans to include
profiles and cross-sections, with erosion control and slope stability methodologies
installed consistent with the standards contained in AMC 18.62. 080E.
Application will comply.
12) That a strcct plug, onc foot in r',:idth, bc dcdicatcd adjaccnt to public strccts and
allcys that adjoin thc north property boundary. In addition, a strcct plug shall bc
dedicatcd along thc castcrn boundary of thc projcct, bctwccn thc public allcy and
cast property line.
This condition is no longer applicable as the entire north side of the property has been
incorporated into the whole of Lot #1, owned by the City of Ashland.
13) At the time Lot #1 is developed, either as a park, housing development or both, +htH
the engineered construction drawings for the project address the design and
10
installation of public multi-use pathways and fence gates from the project to the City
of Ashland Parks/Ashland Family YMCA Soccer Fields. The design of the multi-use
pathway shall be in accord with City Local Street Standards, reviewed by the
Director of the Ashland Parks Department, and approved by the Staff Advisor prior
to signature of the final sun:cy plat or the installation of improvements associated
with Lot 1 the subdh:ision. That the development and surfacing (i.e. all weather
surface) of the multi-use pathway at the south boundary of the project be extended
through the existing easement on the adjoining parcel to the south (tax lots #200 and
201). A design for the pathway shall be submitted at the time of Building Permit
Final Plan approval and installed as part of the subdi','ision's lot's public
irifYastructure.
The subject property is no longer being subdivided into multiple lots, but instead
partitioned into two lots, Considering Lot #1 abuts the propeliies to the north, east
and south, Condition #13 will be addressed when that lot is developed.
14) That public casements shall be ident?fzed on the final surv'cy plat for all multi use
patln'.'a)'s. The project CC&Rs shall note that the path'rvays arc for public use and
shall not be obstructed or through acccss to the cast restricted unless authorized by
the City of Ash land and Ashland Parks Departmcnt.
The previous subdivision approval incorporated pedestrian connections to the south
and east of the property. However, the application has changed and the connections
are no longer applicable to Lot #2, but most likely will be when Lot #1 is developed.
As that time, public pedestrian easements will be designed into that lot's site plan and
recorded.
15) That the requirements of the Ashland Fire Department, including but not limited to
hydrant placement and flow and apparatus access, shall be clearly ident?fied on the
engineered construction drawings and reviewed and approved by the Ashland Fire
Department at the time of Building Permit submittal Final Plan and appro~:ed prior
to signature of the final sun:ey plat or the installation of improvements associated
with the proposal subdh'ision.
The subject property is no longer being subdivided into multiple lots, but instead
partitioned into two lots.
16) That all recommendations of the Ashland Tree Commission noted at their February 3
and June 9, 2006 meeting and consistent with Ashland's Site Design and Use
Standards and Tree Preservation Ordinance, shall be incorporated into a revised
Landscaping Plan (if applicable) prior to Final Plan Building Permit approval. The
recommendations shall be included on a revised landscaping plan and final irrigation
plan at the time of submission of building permit.
The application includes a proposal to modify the Tree Removal and Protection Plan
and will have met again with the Tree Commission prior to Planning Commission'.
review of this project.
11
17) That prior to any disturbance occurring on the site or the issuance of a building
permit, a Tree Verification Permit shall be applied for. Required Tree Protection
Measure (18.61.200) shall be instituted prior to any development activities, including,
but not limited to clearing, grading, excavation or demolition work, and shall be
removed only after completion of all construction activity, including landscaping and
irrigation installation.
Application will comply,
18) That the owner of Lot #1 shall remain responsible That a final copy of the CC&Rs
for the HomeO'rt'ncr's Association shall be prmidcd at thc timc of Final Pkm and
appro'v'Cfj prior to signature of the final sun'c)' plat. CC&Rs to describc
responsibility for the pruning and continual monitoring of the three poplar trees.
maintcnance of common arca landscaping, private dri'v'C'/:ays, multi use path'v':ays
and on sitc storm v:atcr dctcntion facilitics. Thc Homc01l'ncr's .Association is
responsible for contracting 'vvith a utility maintcnance company for the The owner of
Lot #2 shall be responsible for the maintenance of the storm water wetland/detention
facility. All paramcters for maintcnancc of the facility, including ti.'nc lincs and
cnforcement, shall be rC'v'iewcd and approved by the City Public Works Dcpartment
and described in thc CC&Rs.
Because the subject property is no longer being subdivided into multiple lots, there
will be no Homeowner's Association or CC&Rs. However, if Lot #1 is further
subdivided and developed, this condition appears to be appropriate at that time.
Nevertheless, the property owner of Lot # 1 is the City of Ashland and will be the
responsible entity for maintaining the Polar Trees.
19) That the project complies with the Affordable Housing Standards as described in
18.106.0300. Each affordable unit shall be identified and the required term of
affordability agreements (i.e. in perpetuity) signed prior to signature of the final
survey plat, with proof of recording submitted to the City of Ashland Housing
Program Coordinator prior to issuance of a certificate of occupancy.
Application will comply.
20) That the CC&Rs identifj: 'vvhich units arc subject to thc City's Affordablc Housing
requirements terms of affordability.
All of the units identified will meet the City's Affordable Housing requirements,
21) That a Demolition/Move permit be issued for all applicable structures on the property
prior to signature of the survey plat.
Application will comply.
22) That opportunity-to-recycle facilities shall be identified in conjunction with the dksrgl1
of each building and in accordance with the standards described in Section 18.72.115
of the Ashland Land Use Ordinance prior to issuance of a building permit.
12
Application will comply.
23) That the color, texture, dimensions, shape and building materials for all exterior
components of the project be included at the time of submission of building permit.
The information shall be consistent with the colors, texture, dimensions and shape of
materials and building materials proposed and approved as part of the land use
application.
Application will comply.
24) That required bicycle parking shall be identified on plans submitted at the time of
building permit review. The parking shall be designed and installed consistent with
the standards described in 18.92.040.
Application will comply.
25) That the applicant agrecs to construct the project in accordance rvith the appro',:ed
plan and City ordinances and ','.'aives the right to filc a claim undcr Oregon Statervid-c
},1easure 37. The signcd ',vai'ver shall bc submittcd to the City of Ashland Legal
Department for rC",:ie'r'.' and apprO';:al prior to signature of the sur,'C)' plat or adoption
of a resolution or ordinanecformally annexing the property.
This condition no longer applies as it has changed ownership.
26) That prior to Building Permit Final Plan submittal, the applicants shall submit a
wetland delineation and wetland mitigation/enhancement plan that has been reviewed
and approved by the Oregon Division of State Lands and Staff Advisor. Such plans
shall include civil engineering specifications for any water detention, water treatment
and water distribution.
Application will comply.
27) That 50% of the affordable units shall be completed and occupied by qualified
households, at or below 60% area mcdian income, prior to issuance of a eertificatc of
occupancy for the last of thc .first 50% of the market rate units. Prior to issuance of a
building permit for the final market rate unit, the final 50% of the affordable units
shall ha',:e been issued building permits. All affordable units must be occupied, or a
rcntal agreement or purchase agreement shall be executed with qualified low income
households, prior to the issuance of a certificate of occupancy for the final market
rate unit. Purchasers or renters of the designated affordable units shall be income
qualified by the City of Ashland and the City shall be presentcd rvith copies of all
rental or sales agrecments associatcd r',:ith the d-csignated affordable units. That prior
to issuance of a Building Permit, the Housing Authority of Jackson County shall
submit income qualifications and guidelines in accordance with the City of
Ashland's Affordable Housing Standards.
Considering all of the units are to be affordable, the majority of this provision no
longer applies,
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28) That an agreement be recorded requmng the poplar tree grove situated at the
southwest corner of the site to be protected and preserved in accordance with the
approved Tree Protection/Tree Removal Plan (Applicant's Exhibit L-1.0). Any
modifications or amendments to the plan would be processed through a Tree Removal
Permit procedure. The southwest corner of the property as delineated on the Tree
Protection/Tree Removal Plan (Applicant's Exhibit L-1) would not be covered by
Exempt Tree Removal Activities, Section 18,61.040 C. as described in the Land Use
Ordinance. Further, the agreement 'r'v'Ould stipulatc that further development of the
southH'est corner that includes an increase in the number of residential units shall
include a perccntage of residential units fOr purchase or rent to households consistent
'rvith the rcquircments for annexation and commensurate with City of Ashland
rcsolution adopting a range of qualifj:ing incomes.
First, a Tree Removal Pennit was obtained for the Poplar Tree that fell in October of
2006. Second, the submitted Tree Protection/Tree Removal Plan has a new exhibit
label. Third, the tree exemption noted (18.61.040 8.) pertains to multi-family zoned
properties with a single family house which allows trees to be removed without
permits. In this case, the remaining parcel (Lot #1), would fall under this exception
without this specific language, Finally, the cunent proposal exceeds both parcels
affordable housing obligations as noted under Chapter 18.106.030 G.
TREE REMOVAL PERMIT:
Twelve of the sites 30 trees are to be removed with this application in order to provide the
project's necessary transportation facilities such as its roads and sidewalks, Generally, the
trees proposed to be removed are consistent with the trees approved for removal as part of the
original application, but for the few trees within or adjacent to the proposed east/west street
right-of-way. Most notably, a 40" d.b.h Poplar tree is to be removed as it sits directly in-line
with the new street. According to the project's Arborist, this tree is healthy, but its tolerance
to construction is poor as well as it's susceptibility to limbs falling. Regardless, this is the
only significant tree on the property proposed to removed. Note: In October of 2006, a large
40" d.b,h, Poplar was removed due to a major limb break causing a hazardous condition. At
that time this information was forwarded to the City and Tree Commission. Also during this
time, the remaining Poplar Trees were pruned in accordance with the original tree
preservation plans. The revised Tree Removal and Protection plans have been updated to
recognize any changes since the original approvals,
All tree protection measures have been designed by a licensed Arborist and Landscape
Architect. The Tree Protection Plan notes that all tree protection measures will be installed
prior to any construction and a Tree Verification Permit obtained in accordance with Chapter
18.61.042. In addition, during construction the site will be monitored by the project arborist.
STREET STANDARDS EXCEPTION:
The request for a Street Exception's request remains unchanged since the original approval
(P A - 2004-141) as the new sidewalk along Clay Street needs to meander towards the curb and
run parallel in order to connect to the existing sidewalk to the south. In doing so, the
sidewalk avoids a 24" Cedar tree.
14
Findings of Fact
The following information has been provided by the applicants to help the Planning Staff,
Planning Commission and neighbors better understand the proposed project. In addition, the
required findings of fact have been provided to ensure the proposed project meets the
Partition standards as outlined in Chapter 18,76 in the Ashland Municipal Code (AMC), Site
Design & Use Standards as outlined in the AMC, Section 18.72.070, Site Design & Use
Standards (Design Standards Booklet, adopted August 4th, 1992), the criteria for a Tree
Removal and Tree Protection as outlined in the AMC, Section 18.61 and the criteria for a
Tree Removal Permit as outline in the AMC, Section 18.61.
For clarity reasons, the following documentation 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, there are a number of responses that are repeated in order to ensure that the findings
of fact are complete.
CHAPTER 18.76
PARTITIONS:
A. The future use for urban purposes of the remainder of the tract will not be impeded.
The future use of the remaining parcel (Lot #1) has not been impeded as the remaining parcel
will have direct frontage and access from the public streets to be installed as part of this
application,
B. The development of the remainder of any adjoining land or access thereto will not be
impeded.
The future development of the remainder land (Lot #1) will not be impeded by the proposed
development as as the remaining parcel will have direct frontage and access from the public
streets to be installed as part of this application.
C. The tract of land has not been partitioned for 12 months.
The parcel has not been partitioned in the previous 12 months,
D. The partitioning is not in conflict with any law, ordinance or resolution applicable to
the land.
The partition appears to meet all laws, ordinances, and resolutions for the proposed partition.
E. The partitioning is in accordance with the design and street standards contained in
the Chapter 18.88, Performance Standards Options.
The proposed partition is in accordance with the design and street standard contained in
Chapter 18.88, Performance Standards. Clay Street as well as the proposed streets will be
improved to % street standards (City Standards) with the remaining y.:j street improvement
OCCUlTing by the other side of the street's adjacent property owner.
15
F. When there exists adequate public facilities, or proof that such facilities can be
provided, as determined by the Public Works Director and specified by City
documents, for water, sanitary sewers, storm sewer, and electricity.
All public facilities serving this parcel are adequate and located within the Clay Street right-
of-way. According to the multiple communications with department representatives, all of
the services such as water, sewer, storm, and electricity are available and are not at capacity
and can accommodate the proposal.
G. When there exists a 20-foot wide access along the entire street frontage of the parcel
to the nearest fully improved collector or arterial street, as designated in the
Comprehensive Plan. Such access shall be improved with an asphaltic concrete
pavement designed for the use of the proposed street, The minimum width of the street
shall be 20-feet with all work done under permit ofthe Public Works Department.
Other than a nan'ow section of upper Clay Street (sharp turn), Clay Street's paved width is at
least 20'. At the time the project's street improvements are being completed, the applicants
will also pave the upper pOliion of Clay Street in order to ensure its required 20' minimum
width is met with all of the work being done under pennit from the Ashland Public Works
Department.
H. Where an alley exists adjacent to the partition, access may be required to be
provided from the alley and prohibited from the street.
No alleys exist on or adjacent to the subject property
CHAPTER 18.72.070
SITE DESIGN & USE STANDARDS:
A. All applicable City Ordinances have been met or will be met by the proposed
development.
It has been the intention of the applicants to meet all City Ordinances without requesting any
Variances or Exceptions to the Site Design Standards. To the applicant's knowledge, all
applicable City ordinances have been met and will be met unless otherwise noted herein. At
the time of the building permit submittal, the application will be substantially consistent with
the proposed application and will meet all conditions of approval imposed by the regulating
authority.
B. All requirements of the Site Review Chapter have been met or will be met.
All of the requirements listed in the Site Review Chapter, Section 18.72, have been met
without Variances or Exceptions. The Site Review Chapter was designed to ensure that high
quality development is maintained throughout the City of Ashland. The proposed application
was designed and redesigned in order to best meet this purpose and produce a quality living
environment.
C. The development complies with the Site Design Standards adopted by the City
Council for implementation of this Chapter.
16
The development complies with the City of Ashland's Site Design Standards, adopted
August 4th, 1992, A thorough response as to the project's compliance with the Site Design
Standards, Section II-B, Approval Standards and Policies for Multi-Family Residential
Developments; Section II-D, Parking Lot Landscaping and Screening Standards; and Section
II-E, Street Tree Standards, has been provided below,
D. That adequate capacity of City facilities for water, sewer, paved access to and
through the development, electricity, urban storm drainage, and adequate
transportation can and will be provided to and through the subject property. All
improvements in the street right-of-way shall comply with the Street Standards in
Chapter 18.88, Performance Standards Options.
All utilities serving the project are within either the Clay Street right-of-way or from McCall
Drive which will be extended via easements. None of the utilities are at capacity to service
the development. A pre-application was completed on November 5t\ 2008, with City
Departments reviewing the application and assessing availability of services, All utility work,
including driveway tuming standards as required by the Planning and Fire Departments, have
been incorporated into the site plans,
Three new fire hydrants are to be installed and all of the units are accessible from either the
adjacent rights-of-way or the private driveway designed to meet width, height and weight
requirements for fire-truck ingress and egress.
SITE DESIGN APPROVAL STANDARDS:
Multi-family residential development shall conform to the following design standards:
II-B-1)
Orientation
II-B-1a)
Residential buildings shall have their primary orientation toward the
street when they are within 20 to 30 feet of the street.
The proposed application meets the Site Design Standards, Section II-B-la,
The buildings that are within 20 to 30 feet of the street (right-of-way) and
include porches oriented towards the street. The front facades have been
designed to have an attractive and pedestrian friendly streets cape environment
as each street fronting unit has a 6' deep front porch and a sidewalk extending
from the adjacent right-of-way to the porch,
II-B-1b)
Buildings shall be set back from the street according to ordinance
requirements, which is usually 20 feet.
The proposed application meets the Site Design Standards, Section II-B-l b, as
well as the setback requirements of Chapter 18.24.040, D. which allow
porches to be as close as 10' and houses to be 15' from the front property line.
II-B-1c)
Building shall be accessed from the street and the sidewalk. Parking
areas shall not be located between buildings and the street.
17
II-B-2)
II-B-2a)
II-B-2b)
II-B-3)
II-B-3a)
II-B-3b)
The proposed application meets the Site Design Standards, Section II - B-1 c.
Parking is within the center of the project in open parking stalls, All of the
parking is generally hidden from the street's view other than a few spaces at
the entrances. The units are accessed via a sidewalk from the streets and/or
.from the parking area.
Streets cape
One street tree for every 30 feet of frontage, chosen from the street tree
list, shall be placed on that portion of the development paralleling the
street. Where the size of the project dictates an interior circulation street
pattern, a similar streetscape with street trees is required,
The proposed application meets the Site Design Standards, Section II-B-2a.
New street trees, every 30' of frontage, will be planted in accordance with the
City's adopted street tree standards, The new trees have been chosen from the
City Street Tree List.
Front yard landscaping shall be similar to those found in residential
neighborhoods, with appropriate changes to decrease water use.
The proposed application meets the Site Design Standards, Section II-B-2b.
The applicant's landscape plan has been designed keeping in mind the project
is for a multi-family residential building complex and that water usage should
be limited. The proposed planting species are similar to what would be found
in other multi-family neighborhoods around the community.
Other than the lawn area near the play area, only small amounts of turf are
proposed in order to decrease water use.
Landscaping
Landscaping shall be designed so that 50% coverage occurs within one
year of installation and 90% landscaping coverage occurs within 5 years.
The proposed application meets the Site Design Standards, Section II-B-3a.
The landscape plan has been designed to meet a 50% "spreading" coverage
after the first year and 90% "spreading" coverage prior to the development's
5th year. The landscaping plan was designed by a local landscape professional
knowledgeable of the various plant and tree specifications for the Southern
Oregon climate.
Landscaping design shall include a variety of deciduous and evergreen
trees and shrubs and flowering plant species well adapted to the local
climate.
The proposed application meets the Site Design Standards, Section II-B-3b.
The landscaping plan incorporates a variety of deciduous shrubs and
flowering plant species for Southern Oregon. The landscaping plan was
18
II-B-3c)
II-B-3d)
11- B-3e)
II-B-3f)
II-B-4)
II-B-4a)
designed by a locallandscape professional knowledgeable of the various plant
and tree specifications for this area.
As many existing healthy trees on the site shall be saved as is reasonably
feasible.
Please see the attached Tree Protection Plan. As many of the site's existing
trees are being saved and protected where reasonably feasible. All tree
protection measures have been designed by a licensed Arborist and Landscape
Architect with the intent to retain as many existing healthy trees as reasonably
feasible and still meet the various other site design and zoning requirements
(multi-family housing), The Tree Protection Plan notes that all tree protection
measures will be installed prior to any construction and a Tree Verification
Permit obtained in accordance with Chapter 18.61.042, In addition, during
construction the site will be monitored by the project arborist.
Buildings adjacent to streets shall be buffered by landscaped areas of at
least 10 feet in width.
The proposed application meets the Site Design Standards, Section II-B-3d.
The buildings will sit proudly along Clay and the new streets with porches and
landscaping between the buildings and the public sidewalk as illustrated on
the landscaping plan.
Parking areas shall be shaded by large canopied deciduous trees and shall
be adequately screened and buffered from adjacent uses.
The project's landscaping plan identifies a number of shade trees in order to
reduce excessive heat gain. All of the parking is either screened or adequately
mitigated from the rights-of-way.
Irrigation systems shall be installed to assure landscaping successes.
Refer to Parking Lot Landscaping and Screening Standards for more
detail.
The proposed application will meet the Site Design Standards, Section II-B-3f
as an irrigation system will be installed at the time the landscaping is installed.
The landscaping and the irrigation system will be installed by a professional
landscape company,
Open Space
An area equal to at least 8% of the lot area shall be dedicated to open
space for recreation for use by the tenants of the development.
The proposed application meets the Site Design Standards, Section II-B-4a,
The applicant proposes 12,245 square feet (8%) of recreational space to be
used by the tenants, In addition, more open space is spread throughout the
19
II-B-4b)
II-B-4c)
II - B-5)
II - B-6)
propeliy including the bio-swale areas, areas between buildings, porches and
balconies that have not been considered in this calculation.
Areas covered by shrubs, bark mulch and other ground covers which do
not provide a suitable surface for human use may not be counted toward
this requirement.
The above standard is intended to preclude areas that typically do not promote
space for outdoor activities or social gatherings. Such activities typically
include parking lot landscaping, architectural landscaping or landscaping
along pedestrian and vehicular access corridors, As such, the project's
Landscape Architect has designed the recreational space so that shrubs, bark
and similar ground covers are not included in the calculation, Nevertheless,
areas not included in the number that should be appreciated as recreational
space include the project's porches, balconies and wetland viewing platform
as each provide an opportunity for outdoor recreation and human interaction.
Decks, patios, and similar areas are eligible for open space criteria. Play
areas for children are required for projects of greater than 20 units that
are designed to include families.
The proposed application meets the Site Design Standards, Section II-B-4c.
and includes a play area, lawn area and a community building.
Natural Climate Control: Utilize deciduous trees with early leaf drop and
low bare branch densities on the south sides of buildings which are
occupied and have glazing for summer shade and warmth.
The proposed application meets the Site Design Standards, Section II-B-5.
The landscaping plan was designed by a local landscape professional
knowledgeable of the various plant and tree specifications for this area. New
plantings include deciduous trees that provide for early leaf drop for full
winter solar access and summer shading.
Building Materials: Building materials and paint colors should be
compatible with the surrounding area. Very bright primary or neon-type
paint colors which attract attention to the building or use are
unacceptable.
No bright or neon-type paint colors will be used on the building, The proposed
material and colors will be earth tone colors consistent with building materials
and colors often found on residential buildings.
18.61.080 CRITERIA FOR ISSUANCE OF TREE REMOVAL - STAFF PERMIT:
An applicant for a Tree Removal-Staff Permit shall demonstrate that the following
criteria are satisfied. The Staff Advisor may require an arborist's report to substantiate
the criteria for a permit,
As noted, the proposal is to remove 12 trees of the site's 30 trees, All tree protection
measures have been designed by a licensed Arborist and Landscape Architect. The Tree
20
Protection Plan notes that all tree protection measures will be installed prior to any
construction and a Tree Verification Permit obtained in accordance with Chapter 18.61.042.
In addition, during construction the site will be monitored by the project arborist.
The criteria are as follows:
A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree
if the applicant demonstrates that a tree is a hazard and warrants removal.
None of the trees within the proposed project to be removed are being removed because they
are hazardous. Instead, they are being removed in order to develop the property in
accordance with the project's transportation needs and the City's Site Design Standards.
Nevertheless, it should be noted the Polar trees are very prone to limb breaks and considering
their size a concern as the Poplar limb that fell in 2006 nearly landed on the adjacent
neighbor to the south's house, but miraculously only causing minor damage.
B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree
that is not a hazard if the applicant demonstrates all of the following:
1. The tree is proposed for removal in order to permit the application to be consistent
with other applicable Ashland Land Use Ordinance requirements and standards, (e.g.
other applicable Site Design and Use Standards). The Staff Advisor may require the
building footprint of the development to be staked to allow for accurate verification of
the permit application; and
All of the trees to be removed are due to their location within a planned street or sidewalk
system which is required by the Land Use Ordinance or Site Design and Use Standards.
2. Removal of the tree will not have a significant negative impact on erosion, soil
stability, flow of surface waters, protection of adjacent trees, or existing windbreaks;
and
Removal of the trees will not have a significant impact on erosion as the trees to be removed
are on minimal sloping lands, According to the project Arborist, the removal of the trees will
not have a negative impact on erosion, soil stability, flow of surface waters, protection of
adjacent trees, or existing windbreaks,
3. Removal of the tree will not have a significant negative impact on the tree densities,
sizes, canopies, and species diversity within 200 feet of the subject property.
Removal of the tree will not have a significant negative impact on the tree densities, sizes, .
canopies, and species diversity within 200 feet of the subject property, Again, all of the
subject trees have been assessed by the project's arb ori st who has also chosen the
replacement trees.
The City shall grant an exception to this criterion when alternatives to the tree removal
have been considered and no reasonable alternative exists to allow the property to be
used as permitted in the zone. Nothing in this section shall require that the residential
density be reduced below the permitted density allowed by the zone. In making this
determination, the City may consider alternative site plans or placement of structures
21
or alternate landscaping designs that would lessen the impact on trees, so long as the
alternatives continue to comply with other provisions of the Ashland Land Use
Ordinance.
No exceptions are proposed with this application other than the street exception to meander a
sidewalk away from a 24" d.b.h. Cedar tree, The applicants have explored alternative
designs, but due to the configuration of the property, access management standards, and the
minimum density standards required in the zone, the proposed plan was chosen.
4. The City shall require the applicant to mitigate for the removal of each tree
granted approval pursuant to AMC 18.61.084. Such mitigation requirements shallbea
condition of approval of the permit.
The applicants are aware of this provision and will comply,
18.61.084 Tree Mitigation Required
An applicant may be required to provide mitigation for any tree approved for removal.
The mitigation requirement shall be satisfied by one or more of the following:
A. Replanting on site. The applicant shall plant either a minimum 1 Yz-inch caliper
healthy and well-branched deciduous tree or a 5-6 foot tall evergreen tree for each tree
removed. The replanted tree shall be of a species that will eventually equal or exceed
the removed tree in size if appropriate for the new location. The tree shall be planted
and maintained according to the specifications in the City Tree Planting and
Maintenance Guidelines as approved by the City Council.
The applicants will mitigate the loss of the 12 trees by planting at least 12 new trees within
the project's boundaries. In fact, the landscape plans show significantly more trees that the
required minimum.
B. Replanting off site, If in the City's determination there is insufficient available
space on the subject property, the replanting required in subsection A shall occur on
other property in the applicant's ownership or control within the City, in an open space
tract that is part of the same subdivision, or in a City owned or dedicated open space or
park. Such mitigation planting is subject to the approval of the authorized property
owners. If planting on City owned or dedicated property, the City may specify the
species and size of the tree. Nothing in this section shall be construed as an obligation of
the City to allow trees to be planted on City owned or dedicated property.
The applicants are aware of this standard and if determined to be necessary, the applicants
will comply.
C. Payment in lieu of planting. If in the City's determination no feasible alternative
exists to plant the required mitigation, the applicant shall pay into the tree account an
amount as established by resolution of the City Council.
The applicants are aware of this standard and if determined to be necessary, the applicants
will comply,
22
18.61.200 TREE PROTECTION
Tree Protection as required by this section is applicable to any planning action or
building permit.
A Tree Protection Plan has been submitted as part of the application in order to protect the
trees planned to be preserved as well as the site's neighboring trees, All tree protection
measures will be installed prior to any construction and a Tree Verification Permit obtained
in accordance with Chapter 18.61.042. No development activities, including, but not limited
to clearing, grading, excavation or demolition work will occur without the protection
measures in place, Protection measures will only be removed after completion of all
construction activity, including landscaping and inigation installation.
EXCEPTION TO STREET STANDARDS:
18.88.050.F - Exception to Street Standards - An exception to the Street Standards is not
subject to the Variance requirements of section 18.100 and may be granted with respect to
the Street Standards in 18.88.050 if all of the following circumstances are found to exist:
A. There is demonstrable difficulty in meeting the specific requirements of this
chapter due to a unique or unusual aspect of the site or proposed use of the site.
There is a demonstrable difficulty in meeting the aforementioned parkrow and
sidewalk standard in the far southwest corner of the property as it would require the
removal of an 18" Cedar tree.
B. The variance will result in equal or superior transportation facilities and
connectivity;
The request will result in the preservation of a mature Cedar tree and be at least equal
in value as the standard pedestrian transportation facility,
C. The variance is the minimum necessary to alleviate the difficulty; and
The request is the minimum necessary to alleviate the difficulty.
D. The variance is consistent with the stated Purpose and Intent of the Performance
Standards Options Chapter.
The stated Purpose and Intent ofthe Performance Standards Options Chapter are
found in Chapter 18.88.010 of the Ashland Municipal Code and is as follows:
18.88.010 Purpose and Intent - The purpose and intent of this Chapter is to allow an
option for more flexible design than is permissible under the conventional zoning
codes. The design should stress energy efficiency, architectural creativity and
innovation, use the natural features of the landscape to their greatest advantage,
provide a quality of life equal to or greater than that provided in developments built
under the standard zoning codes, be aesthetically pleasing, provide for more efficient
land use, and reduce the impact of development on the natural environment and
neighborhood.
23
The request is consistent with the stated purpose and intent of the Performance
Standards Options Chapter found in Chapter 18.88.010 as the applicant is proposing
to retain a mature Cedar tree that would otherwise be removed.
24
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Job Address: 380 CLAY ST Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: D R R ASSET MANAGEMENT INC 0 Phone:
p N State Lic No:
Customer #: 05043
p HOUSING AUTHORITY OF JACKSON C T City Lic No:
I..; Applicant: 2251 TABLE ROCK RD R
I Address: MEDFORD OR 97501 A
C C Sub-Contractor:
A Phone: (541) 779-5785 T Address:
N Applied: 01/09/2009 0
T Issued: 01/09/2009 R
Expires: 07/08/2009 Phone:
State Lic No:
Maplot: 391 E 11 C2500 City Lic No:
DESCRIPTION: Land Partition & Site Review $917.00 plus $61.00/unit
VALUATION
Occupancy Type
Construction
Units
Rate Amt
Actual Amt Constuction Description
Total for Valuation:
ELECTRICAL
II
I
II
II
I
MECHANICAL
I
I
STRUCTURAL
PERMIT FEE DETAIL
Fee Description
Amount Fee Description
Amount
Type I
5,127.00
CONDITIONS OF APPROVAL
II
II
COMMUNITY DEVELOPMENT
20 East Main St.
Ashland, OR 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-488-5311
TTY: 800-735-2900
Inspection Request Line: 541-552-2080
CITY Of
ASHLAND
CITY OF
ASHLAND
To: City of Ashland Planning Department
RE: Planning Application Submittal Authorization
380 Clay Street Application
Housing Authority of Jackson County
On December 2nd, 2008 the Ashland City Council entered into an intergovernmental
agreement (IGA) to jointly purchase and develop a property at 380 Clay Street, in partnership
with the Housing Authority of Jackson County
To facilitate the partitioning and development of the property, as a co-owner, the City agrees to
authorize HAJC to submit an application to the Ashland Planning Department for development
on the property.
Further as a co-owner of the property, per the terms of the IGA:
The City and the HAJC agree to each pay one half of the application fees for: (1) the
application to partition the property and (2) the application fees to amend the existing
development approvals PA #2007-00802 and PA #2004-00141] to divide the authorized
development between the parcels, City is not responsible for paying any portion of
application or permit fees specifically associated with the HAJC site review and
development.
This letter is intended to serve as co-owner authorization for the filing of a Planning Action,
Demolition Permit, Building Permits, Excavation Permits or any necessary approvals, including
any appeals, to partition the Property so that at least two legal parcels are created and allow
for the 60 unit affordable housing development as proposed by HAJC. This letter also serves
to authorize the distribution of fees as outlined above per the IGA.
Th~rlKYOU,)
~~/1 j
A - ~~~/ti\j vi... iT -
~ill Molr;jr
Btreetor of Community Development
molnarb@ashland.or.us
Department of Community Development Tel: 541-488-5305
20 East Main Street Fax: 541-488,5311
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
r:.,
r~'
ZONING PERMIT APPLICATION
FILE # ,f] /l, .:1 009 - 000 If- 3
Planning Department
51 Winburn Way, Ash]and OR 97520
CITY OF
ASHLAND 541-488-5305 Fax 54]-488-6006
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY
Street Address 3 13 D
c/tt,/
I
lie
97/Z..h..t<- T.
/
,
,4/~kj). Ori-
t
0; '7 SJ.-O
Assessor's Map No, 39 1 E
Tax Lot(s)
2- ~-oV
Zoning
12----2-
I
Comp Plan Designation
AI Ii / ,j.; - hnvr.' /1 ~ j !~Nr>'rrI
APPLICANT
Name
~r~
A7t/Yt-'~i
Phone
E-Mail
Address
City
Zip
PROPERTY OWNER
Name ~k'fL- ,b,i)zjt-)> Phone E-Mail
Address City Zip
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
Title Name Phone E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1)
2)
3)
4)
that I produced sufficient factual evidence at the hearing to suppori this request;
that the findings of fact furnished justifies the granting of the request;
that the findings of fact furnished by me are adequate; and furiher
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.
~ /lf~/6 W:s
Applicant' Signature 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
own:<& mwehds
propert~er'S Signature (required)
Date
[To be completed by City Staff]
Date Received
Zoning Permit Type
Filing Fee $
Planning Action Type
OVER ~~
C \DOCUIv1E~ ]\hanksa\LOCALS~I\Temp\Zonlng Permit ApplIcatIon Form.doc