HomeMy WebLinkAboutClover_565 (PA-2009-01151)
i 2 DLCD
Notice of Adoption
THIS FORM MUST BE MAILED TO DLeD
WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION
PER ORS 197.610, OAR CHAPTER 660 - DIVISION 18
Jurisdiction: City of Ashland Local file number: PAw2009-01151
Date of Adoption: 12/26/2009 Date Mailed: 12/28/2009
Was a Notice of Proposed Amendment (Form 1) mailed to OLeO? YesOate: 9/25/2009
D Comprehensive Plan Text Amendment D Comprehensive Plan Map Amendment
o Land Use Regulation Amendment rg] Zoning Map Amendment
D New Land Use Regulation D Other:
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached".
A Zoning Map Amendment to extend the "Freeway Sign Zone/Freeway Overlay District" from its previous
700-foot radius to include the westernmost 100 feet of a portion of 545 Clover Lane and two additional
properties along the west side of Clover Lane, 555 and 565 Clover Lane.
Does the Adoption differ from proposal? Yes, Please explain below:
The proposal was to extend the "Freeway Sign Zone" to encompass two additional properties in their entirety.
The Adoption extended the "Freeway Sign Zone" overlay to include only the westernmost 100 feet of the
subject propelties.
Plan Map Changed from: to:
Zone Map Changed from: Outside "Freeway Sign Zone" to: Inside "Freeway Sign Zone"
Location: 545f 555 and 565 Clover Lane Acres Involved: 1
Specify Density: Previous: Commercial Use New: Commercial Use
Applicable statewide planning goals:
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
~~DDDDDD~DDDDDDDDDD
Was an Exception Adopted? DYES [g] NO
Did OLeO receive a Notice of Proposed Amendment...
45-days prior to first evidentiary hearing?
If no, do the statewide planning goals apply?
rg] Yes
DYes
DNo
DNo
If no, did Emergency Circumstarlvcs require immediate adoption?
DYes 0 No
~
OLeo file No.
Please list all affected State or Federal Agencies, Local Governments or Special Districts:
Local Contact: Associate Planner Derek Severson
Address: 20 East Main Street
City: Ashland
Zip: 97520-
Phone: (541) 552-2040 Extension: 0
Fax Number: 541-552-2050
E-mail Address:seversod@ashland.or.us
~.. .
ADOPTION SUBMITTAL REQUIREMENTS
This form must be mailed to DLCD within 5 workin2 days after the final decision
per ORS 197.610, OAR Chapter 660 - Division 18.
1. Send this Form and TWO Complete Copies (documents and maps) of the Adopted Amendment to:
ATTENTION: PLAN AMENDMENT SPECIALIST
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT
635 CAPITOL STREET NE, SUITE 150
SALEM, OREGON 97301-2540
2. Electronic Submittals: At least one hard copy must be sent by mail or in person, but you may also submit
an electronic copy, by either email or PTP. You may connect to this address to PTP proposals and
adoptions: webserver.lcd.state.or.us. To obtain our Usemame and password for FTP, call Mara Ulloa at
503-373-0050 extension 238, or by emailingmara.ulJoa@state.or.us.
3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days
following the date of the final decision on the amendment.
4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings
and supplementary infonnation.
5. The deadline to appeal will not be extended if you submit this notice of adoption within five working
days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date,
the Notice of Adoption is sent to DLCD.
6. In addition to sending the Notice of Adoption to DLCD, you must notify persons who
participated in the local hearing and requested notice of the final decision.
7. Need More Copies? You can now access these forms online at http://www.Icd.state.or.us/. Please
print on g..ll2xll green paper only. You may also call the DLCD Office at (503) 373-0050; or Fax
your request to: (503) 378~j-, 18; or Email yourrequesttomara.ulloa(f.~:state.or.us - ATTENTION:
PLAN AMENDMENT SPECIALIST.
http://www.lcd.state.or.us/LCD/fonns. shtml
Updated November 27,2006
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CITY OF
ASHLAND
December 10, 2009
Jon Warren
Holiday Inn Express
565 Clover Lane
Ashland, OR 97520
RE: RE: Planning Action #2009-0 lIS t
Notice of Decision
At its meeting of November 10,2009, based on the record of the public meetings and hearings on this matter, the
Ashland Planning Commission approved your request for a zoning map amendment to extend the "Freeway Sign
Zone/Freeway Overlay District" for the property located at 545-555.565 Clover Lane -- Assessor's Map # 39 IE
14 AA; Tax Lot 3200, 6700 & 6800.
The Ashland Planning Commission approved and signed the Findings, Conclusions and Orders document, on
December 8, 2009.
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 criteria listed in Chapter 18.108.1 ] 0 of the Ashland Municipal Code, which is also attached,
If you have any questions regarding this decision, please contact the Community Development Department
between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305,
cc: Urban Development Services LLC 485 W Nevada St Ashland, OR 97520
Thomas Heumann 634 Sutton Place Ashland, OR 97520
Robert Peffer 626 Sutton Place Ashland, OR 97520
Gary Mallicoat, Ashland Hills Shell Station 2496 Highway 66 Ashland, OR 97520
A-Tech-76 2490 Highway 66 Ashland, OR 97520
David J Pyles, OOOT 100 Antelope Road White City OR 97503
DEPT. OF COMMUNITY DEVELOPMENT
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-552-2050
TTY: 800-735-2900
r.,
Per AMC 18.108.060.C.2, the decision of the Planning Commission may be appealed to the Council as
provided in section 18.108.110...
SECTION 18.108.110 Appeal to Council.
A. Appeals of Type II decisions - 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. All the appeal requirements of Section
18.108.110, including the appeal fee, must be fully met or the appeal will be considered by the city as
jurisdictionally defective and will not be heard or considered.
t. 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 a clear and distinct identification of the specific grounds for which the decision
should be reversed or modified, based on identified applicable criteria or procedural irregularity.
3. The notice of appeal, together with notice of the date, time and place to consider the appeal by the
Council shall be mailed to the parties at least 20 days prior to the meeting.
4.
A.
Except upon the election to re-open the record as set forth in subparagraph 4.B.
below, the review of a decision of the Planning Commission by the City Council shall be
confined to the record of the proceeding before the Planning Commission. The record
shall consist of the application and all materials submitted with it; documentary evidence,
exhibits and materials submitted during the hearing or at other times when the record
before the Planning Commission was open; recorded testimony; (including DVDs when
available), the executed decision of the Planning Commission, including the findings and
conclusions. In addition, for purposes of City Council review, the notice of appeal and
the written arguments submitted by the parties to the appeal, and the oral arguments, if
any, shall become part of the record of the appeal proceeding.
The Council may reopen the record and consider new evidence on a limited basis, if such
a request to reopen the record is made to the City Administrator together with the filing
of the notice of appeal and the City Administrator determines prior to the City Council
appeal hearing that the requesting party has demonstrated:
B.
a. That the Planning Commission committed a procedural error, through no fault of
the requesting party, that prejudiced the requesting party's substantial rights and
that reopening the record before the Council is the only means of
correcting the error; or
b. That a factual error occurred before the Planning Commission through no fault of
the requesting party which is relevant to an approval criterion and material to the
decision; or
c. That new evidence material to the decision on appeal exists which was
unavailable, through no fault of the requesting party, when the record of the
proceeding was open, and during the period when the requesting party could
have requested reconsideration. A requesting party may only qualify for this
exception if he or she demonstrates that the new evidence is relevant to an
approval criterion and material to the decision. This exception shall be strictly
DEPT. OF COMMUNITY DEVELOPMENT
20 E. Main Street
Ashland, Oregon 97520
WIIW.ashland.or.us
Tel: 541-488-5305
Fax: 541-552-2050
TTY: 800-735.2900
r.,
construed by the Council in order to ensure that only relevant evidence and
testimony is submitted to the hearing body.
Re-opening the record for purposes of this section means the submission of
additional written testimony and evidence, not oral testimony or presentation of
evidence before the City Council.
C. Ora] argument on the appeal shall be permitted before the Council. Oral argument shall
be limited to ten (10) minutes for the appl icant, ten (10) for the appellant, if different, and
three (3) minutes for any other Party who participated below. A party shall not be
permitted ora] argument if written arguments have not been timely submitted. Written
arguments shall be submitted no less than ten (10) days prior to the Council consideration
of the appeal. Written and oral arguments on the appeal shall be limited to those issues
clearly and distinctly set forth in the Notice of Appeal; similarly, oral argument shall be
confined to the substance of the written argument"
D. Upon review, and except when limited reopening of the record is allowed, the City
Council shall not re-examine issues of fact and shall limit its review to determining
whether there is substantial evidence to support the findings of the Planning Commission,
or to determining if errors in law were committed by the Commission. Review shall in
any event be limited to those issues clearly and distinctly set forth in the notice of appeal.
No issue may be raised on appeal to the Council that was not raised before the Planning
Commission with sufficient specificity to enable the Commission and the parties to
respond.
E. The Council may affirm, reverse, modify or remand 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. Upon recommendation of the Administrator, the Council may
elect to summarily remand the matter to the Planning Commission. If the City Council
ejects to remand a decision to the Planning Commission, either summarily or otherwise,
the Planning Commission decision shal] be the final decision of the City, unless the
Council calls the matter up pursuant to Section 18.108.070.8.5 .
F. Appeals may only be filed by parties to the planning action. "Parties" shall be defined as
the following:
I. 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 Counci I.
3. Persons who were entitled to receive notice of the action but did not receive
notice due to error.
DEPT, OF COMMUNITY DEVELOPMENT
20 E. Main Street
Ashland, Oregon 97520
www.ashland,or.u5
Tel: 541-488-5305
Fax: 541-552-2050
HY: 800-735-2900
r.,
BEFORE THE PLANNING COMMISSION
December 8th, 2009
IN THE MATTER OF PLANNING ACTION #2009-01151, A REQUEST FOR
A ZONING MAP AMENDMENT TO EXTEND THE "FREEWAY SIGN ZONE/
FREEW A Y OVERLAY DISTRICT" FROM ITS CURRENT 700-FOOT RADIUS
TO INCLUDE THE WESTERNMOST 100 FEET OF TWO ADDITIONAL
PROPERTIES ALONG THE WEST SIDE OF CLOVER LANE.
)
)
) FINDINGS,
) CONCLUSIONS
) AND ORDERS
)
APPLICANTS: Clover Lane, LLC/Holiday Inn Express
---------------------------~------------------------------------------------------------------~---------------
RECITALS:
1) Tax lot #3200 of Map 39 IE 14 AB and Tax lots 6600 & 6700 of Map 39 IE 14 AA are located at
545-555-565 Clover Lane and are zoned Employment (E-l).
2) The applicants are requesting a Zoning Map Amendment to extend the "Freeway Sign
Zone/Freeway Overlay District" from its current 700-foot radius to include the westernmost 100 feet of
two additional properties along the west side of Clover Lane. The proposed map amendment is outlined
on the plans on file at the Department of Community Development.
3) The criteria for approval of Zoning Map Amendments Annexation are described in
18.106.060.B as follows:
Zone changes, zoning map amendments and comprehensive plan map changes subject to the Type III
procedure as described in subsection A of this section may be approved if in compliance with the
comprehensive plan and the application demonstrates that one or more of the following:
a. The change implements a public need, other than the provision qf affordable housing, supported
by the Comprehensive Plan; or
b. A substantial change in circumstances has occurred since the existing zoning or Plan
designation was proposed, necessitating the need to adjust to the changed circumstances; or
c. Circumstances relating to the general public welfare exist that require such an action; or
d. Proposed increases in residential zoning density resulting .from a change from one zoning
district to another zoning district, will provide 25% of the proposed base density as affordable
housing consistent with the approval standards set forth in 18.106. 03 O(G); or
e. Increases in residential zoning density offour units or greater on commercial, employment or
industrial zoned lands (i.e, Residential Overlay), will not negatively impact the City qf Ashland's
commercial and industrial land supply as required in the Comprehensive Plan, and will provide
25% qf the proposed base density as affordable housing consistent with the approval standards
setforth in 18.106.030(G)
The total number of affordable units described in sections D or E shall be determined by
rounding down fractional answers to the nearest whole unit. A deed restriction, or
similar legal instrument, shall be used to guarantee compliance with affordable criteria
PA #2009-01151
December glh, 2009
Page 1
for a period of not less than 60 years. Sections D and E do not apply to council initiated
actions.
4) The Planning Commission, following proper public notice, held a public hearing on November
101h, 2009 at which time testimony was received and exhibits were presented. The Planning Commission
approved the application for a Zoning Map Amendment to extend the "Freeway Sign Zone/Freeway
Overlay District" from its current 700-foot radius to include the westernmost 100 feet of two additional
properties along the west side of Clover Lane.
Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as
follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony
will be used.
Staff Exhibits lettered with an liS"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "MIl
SECTION 2. CONCLUSORY FINDINGS
2.1 The Planning Commission finds that it has received all information necessary to make a
decision based on the Staff Report, public hearing testimony and the exhibits received.
2.2 The Planning Commission finds that the proposal for a Zoning Map Amendment to extend
the "Freeway Sign Zone/Freeway Overlay District" from its current 700-foot radius to include the
westernmost 100-feet of two additional properties along the west side of Clover Lane meets all
applicable criteria for Zoning Map Amendment approval as described in Chapter 18.106.
2.3 The Planning Commission finds that zoning map amendments are required to be in
compliance with the Comprehensive Plan as well as addressing one or more of the approval
criteria in AMC 18.l06.060.B. The Commission further finds that a more significant expansion
of the Freeway Sign Overlay would encourage the establishment of more freeway-oriented
businesses providing gas, food and lodging to travelers along the interstate. The Commission
would have concerns that a more significant expansion of the overlay than that proposed here, in
addition to having aesthetic impacts to the adjacent residential neighborhood and the community
at large as discussed below, could not likely be shown to meet the job-creation targets of the
Comprehensive Plan which calls for at least ten family wage jobs per acre in the Employment
P A #2009-01151
December 81h, 2009
Page 2
zoning districts. In this instance however, the Commission finds that the proposed expansion of
the overlay is limited to two properties, one of which already contains an established freeway-
oriented lodging business and the other of which is already partially developed with parking
serving an established freeway-oriented food business and which is likely to further develop in
that vein given its relatively small developable area and direct frontage on the freeway, and thus
presents no such concerns in terms of the Comprehensive Plans job creation targets.
2.4 The Planning Commission finds that the proposal to amend the Freeway Sign Zone to
include the most western 100 feet of Tax Lots #3200 (391E l4AB), #6600 and #6700 (391E
l4AA) meets the criteria for a Zoning Map Amendment as described in the Ashland Municipal
Code, Section 18.106,060 B. 1. b. as there has been substantial changes in circumstances since
the existing plan designation was adopted 36 years ago, in 1973, which necessitates the need to
adjust to the changed circumstances relating to the re-alignment of the southern end of Clover
Lane which has created the existence of freeway-oriented businesses that do not have freeway
signage visibility.
The Commission finds that the vacation of the previous Clover Lane right-of-way, the realignment
of the street to a more parallel relationship with Interstate 5, and the reconfiguration of parcels to
create lots more conducive to commercial development at the end of Clover Lane in the late
1990's resulted in a substantial change in circumstances since the existing Freeway Overlay
District was adopted which necessitates the proposed Zoning Map Amendment to adjust to the
change circumstances. The Commission further finds that the existing Freeway Sign Zone's 700~
foot radius seems to roughly correspond to the lot configuration that was in place prior to the
reconfiguration of the parcels, with the land between Clover Lane and the Interstate 5 right-of-
way in the form of a long triangular lot squeezed between the freeway and Clover Lane and
significantly constrained from further development by the narrowing lot configuration despite its
being directly adjacent to the freeway. The Commission finds that with the realignment of
Clover Lane in the late 1990's and the reconfiguration of the lots in this area to better
accommodate commercial development, the subject properties were made more able to
accommodate freeway-oriented businesses, but at the same time the realignment to extend Clover
Lane parallel to the freeway created some visibility issues for potential customers coming from
the interchange.
2.5 The Planning Commission also finds that the proposal to only include the most western
100 feet of Tax Lots #3200 (391E 14AB), #6600 and #6700 (391E l4AA) balances the signage
needs of freeway-oriented businesses and mitigates against the aesthetic impacts on the rest of
the community and specifically the adjacent residential neighbors to the east which are currently
screened by fencing, vegetation, buildings, a lower topographic elevation (between 14' and 28')
and approximately 400 feet of distance.
The Commission finds that the Freeway Overlay District/Freeway Sign Zone has long been used
as a means to balance the sign age needs of businesses near the freeway with limits on the
aesthetic impacts of freeway signage to the rest of the community, and that the potential aesthetic
PA #2009-01151
December 8t\ 2009
Page 3
impacts of the extension are a key consideration in reviewing the request. The Commission finds
that the subject properties are separated from the residential neighborhood to the east by the
buildings on the subject properties themselves and the buildings built along the east side of
Clover Lane, by topography which drops between 14 and 28 feet between the subject properties
and the nearest residences, and by a physical separation of 215 to 400 feet or more.
The Planning Commission further finds that the topography here is such that the farther one goes
from the center of the interchange, the higher the ground level is relative to the centerline of
Highway 66, and as such signs allowed on the subject properties will be proportionally shorter as
they get farther from the interchange, and nearer to the residential neighborhood, in order to
comply with the height limitation of 2,028 feet above mean sea level.
The Planning Commission finds that the majority of the property at 545 Clover Lane is already
located within the overlay, and the existing business, Miguel's Restaurant, already has a freeway
sign in place. The Commission further finds that the real effect of the proposed Zoning Map
Amendment is to allow a freeway sign for the Holiday Inn Express at 565 Clover Lane, an
established freeway-oriented business with direct frontage on the Interstate 5 right-of-way, and
for any future building ultimately constructed at 555 Clover Lane, the partially-vacant parcel
which has Interstate 5 frontage between Miguel's Restaurant and the Holiday Inn Express. The
Planning Commission finds that these two signs will benefit freeway-oriented businesses on the
subject properties by better addressing visibility issues created with the realignment of Clover
Lane in the late 1990's while having minimal aesthetic impacts on the neighborhood to the east
due to the physical separation provided by distance and topography, to the screening provided by
buildings and vegetation along Clover Lane, and to the fact that the extension of the Freeway
Sign Zone is to be limited to the westernmost 100-feet of the subject properties, as proposed by
the applicants.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the
proposal for a Zoning Map Amendment to extend the "Freeway Sign Zone/Freeway Overlay District"
from its current 700-foot radius to include the westernmost 100-feet two additional properties along the
west side of Clover Lane is supported by evidence contained within the whole record.
Therefore, based on our overall conclusions, and upon the proposal being subject to the following
conditions, we approve Plmming Action #2009-01151. Further, if any of the conditions below are found to
be invalid, for any reason whatsoever, then Planning Action #2009-01151 is denied. The following are the
conditions and they are attached to the approval:
1) That all necessary permits including electrical permits, structural permits, and sign permits from
the city, and any necessary permits from the Oregon Department of Transportation, shall be
obtained prior to the installation of freeway signs on the subject properties. Permit applications
PA #2009-01151
December 81\ 2009
Page 4
shall include scalable elevation drawings and a site plan, a clear and accurate identification of the
height above mean sea level, and shall clearly demonstrate that all proposed signage complies
with the Sign Ordinance (AMC 18.96) and will not project into required fire apparatus access
areas.
2) That the extension of the Freeway Sign Overlay shall be limited to the westernmost 100 feet of
the subject properties as proposed by the applicant.
~n/?7l{tAd~~
Planning Commission Approval
December 81h, 2009
Date
PA #2009-0] 151
December 8th, 2009
Page 5
The Planning Commission finds the proposal to amend the Freeway Sign Zone to include
the most western 100' of Tax Lots #3200 (391E 14AB), #6600 and #6700 (391E l4AA)
meets the criteria for a Zoning Map Amendment as described in the Ashland Municipal
Code, Section 18.106.060 B. 1. b. as there has been substantial changes in circumstances
since the existing plan designation was adopted in 1973 (36 years) which necessitates the
need to adjust to the changed circumstances relating to the re-alignment of the southern
end of Clover Lane which has created the existence of freeway-oriented businesses that
do not have freeway signage visibility.
The Planning Commission also finds that the proposal to only include the most western
100' of Tax Lots #3200 (391E 14AB), #6600 and #6700 (391E 14AA) balances the
signage needs of freeway-oriented businesses and mitigates against the aesthetic impacts
on the rest of the community and specifically the adjacent residential neighbors to the
east which are currently screened by fencing, vegetation, buildings, a lower topographic
elevation (between 14' and 28') and approximately 400' of distance.
D>-C[.. '12')
nt::. > -IV .::J.
Thomas He1l1mmm.1l
541-4-82-1334 cell 541~944-06'1"n,
thosh@jeffnet.org
634 Sutton Place, Ashland, OR 97520-1678
November 8, 2009
NOV - 9 2009
Cily of ^sLland
CommunitY Deveiopment
Ashland Planning Commission
Winburn Way
Ashland, OR 97520
Subject
Planning Action 2009-01151
for Meeting of November 10,2009
This is in follow-up to a meeting we had this afternoon with Mark Knox and the owner of the
Holiday Inn Express concerning the extension of the entire 700-it Freeway Sign Zone/Freeway
Overlay District by three large commercial lots (tax lots 3200, 6700, and 6600).
1 am in full sympathy with the wish of Holiday Inn Express to enable guests to find the hotel building.
I object to the proposed action because it modifies the current sign ordinance, not because of any
particular sign the hotel might put up.
As an Ashland residence of 30 years, 1 have come to fully appreciate the fact that the sign ordinance,
practically left untouched for decades, is the prime reason why Ashland as a city looks as attractive
as it does. Any watering down of that treasure of an ordinance, for a commercial reason, would be a
most dangerous action with the potential of causing many unintended consequences.
At the request of ODOT, a special Design Committee has just finished a very attractive design for the
new overpass (Exit 14) with the expressed aim of saying "You are entering Ashland, a town that
thinks of itself as more than another strip mall along 1-5". The proposed ordinance change would do
the exact opposite. The interchange already looks overly commercial (lit signs for ARCO, Knights
Inn, Windmill Inn, Relax Inn, Miguels, 76 Gas Station) -let's not make it more so.
I fully appreciate that the Holiday Inn needs a sign for people who have seen their lighted sign from
the freeway, but after turning off, can only find the "Best Western" motel and the Relax Inn. 1 believe
the need of the Holiday Inn would be better served by a low, much smaller sign at the intersection of
Hwy 66 and Clover Lane saying something like "HOLIDA Y INN 200 FT THIS WAY ->". I would
ardently hope that between your Commission and the Planning Department you wi!! be able to come
up with a creative solution to give the Motel what they need without tempering with the zoning and
sign ordinances. I do appreciate that the Ordinance itself honors the untouchability of the sign limits
by not allowing a variance from its provisions. If you change the ordinance, and the Motel continues
to have a problem, will you rescind the ordinance change?
Best regards-
~,~~~ jJ-e,
cc (bye-mail):
Mark Knox
Bob Peffer
David Newton
..d ------. ,
Thomas Heumann
f" ,- .- ,~C. :. ,__",)
",
9 November 2009
NOV 9 2000
City of Ashland Planning Department
Dear Planner,
.--'.~
(;;,,'; l~':"';';'j ~..<" '0':' .;:\ ;.:d
Reference: Planning Action 2009-01151 Request for Amendment to Freeway Sign Zone
The reference Planning Action is the Holiday Inn Express request for a change to the
Highway 66/Freeway 5 interchange Freeway Sign Zone. This change would bring the
Holiday Inn and other properties under Section 18.96.100 of the City Land Use Code
and thereby allow a larger and higher ground sign on those properties than now permit-
ted under Section 18.96.090.
My residence is at 626 Sutton PI approximately 450 feet east of that commercial area
intended to be included in the proposed Sign Zone extension. My property and, I be-
lieve, most homes along Sutton Place may be directly affected by high signs and light
pollution from the commercial area. Therefore I request the Freeway Sign Zone
amendment be disapproved for the following specific reasons:
1. The extension of the Sign Zone would allow not only Holiday Inn to erect a 28
foot or higher pole sign of 100 square feet size, but also Pacific Western Oregon [tax lot
6600] and possibly a new larger sign for Miguels or a new business there [tax lot 3200).
2. Approval of the requested Zone change would surely set a precedent making it
almost impossible to reject similar demands from properties on the east side of Clover
Lane. You would establish a potential for requests for 28 foot tall pole signs of 100
square feet from a new Kentucky Chicken place, Brammo Motor Sports, Svaren Stor-
age, Caldera Brewery.
3. The requested action seems real II overkill" for a solely Holiday Inn problem.
The Holiday property is now sign controlled by Section 18.96.090. I suggest granting
them a variance to paragraph 2. d. allowing a sign height not to exceed 2028 feet msl.
I have little objection to a ground sign at Holiday Inn Express. But I do object to opening
so many legal doors by changing the existing Freeway Sign Zone boundaries. Perhaps
a reasonable compromise is as described in paragraph 3 above plus a commitment
from Holiday to discontinue the flood lighting of the two cupolas on the motel roof.
These are conspicuously visible at night from Oaks of Ashland subdivision.
Sincerel~0 j). l
~ cA-_.3 -!::/f;
Rob--eltL pefferlj- r..---
Ashland, OR
488 - 4425
Ashland Hills Shell Station
2495 Highway 66
Ashland, OR 97520
541-488-0337
November 5, 2009
Ashland City Planning Department
20 East Main Street
Ashland, OR 97520
Dear Planner:
This letter is regarding recent notice that the Holiday Inn Express has requested
a new sign. I am not opposed to this in principle. As owner of the Shell station at
1-5 and Highway 66, I am in favor of anything that pulls drivers off the Interstate.
This increases our business and probably helps the City in other ways.
We frequently have to help people find the Holiday Inn Express when they pull
into our station and ask. A new sign may be helpful to people traveling.
Sincerely,
Gary Mallicoat
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A Tech 76
2490 Ashland Street
Ashland, OR 97520
54:1-482-8924
November 5,2009
City of Ashland
Planning Department
20 E. Main St.
Ashland, OR 97520
To Whom It May Concern:
I've received notice that the Holiday Inn Express has requested a new pole sign.
In the years I've operated this service station, barely a day goes by when people stop
to ask where is this business that is right down the street! They can't find it, so they
have to ask. Sometimes, they are reluctant to even go down the street at night since
it looks so dark.
Please permit this new sign. It will save trouble for us and will probably bring us
additional business since more people driving on the Interstate will know about the
hotel, stop to sleep and buy our gas.
Sincerely,
~beL~
\:~ i ,..... ">i :-.:..~:~)
v..~.., -
Owner
NOV 9 2009
A- TECH-76
2490 HWY 66
ASHLAND O~ 97520
541-482-8924
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Updaled Sfll/08
104 Valley View Avenue
P.O. Box 467
Talent OR 97540
TALENT IRRIGATION DISTRICT
LAND USE AGENCY RESPONSE FORM
Phone: 541~535~1529
Fax: 541..535-4108
Email: tid@talentld.org
NAME OF ENTITY REQUESTING RESPONSE: City of Ashland Planning Commission
ENTITY REFERENCE NUMBER: 2009-01151
MEETING REVIE\V DATE~ November 10.2009
MAP DESCRIPTION; 39-L&14AA TL 3200/6700/6800
PROPERTY ADDRESS:5451555/565 Clover Lane. Ashland, OR
I2J NO COMMENT ON LAND USE ISSUE (IF NOT MARKED, CONTINUE BELOW)
NO
COMMENT
IF CHECKED
COMMENTS
ARE APPLICABLE
o A. WATERRIGHTISSUES
o 1. Water rights need to be sold to someone or transferred back to Talent
Irrigation District Number ofIrrigated Acres: _
Comments: _
o 2. Must have District approval for water rights to remain in place on subject
property.
Comments:
o B. EASEMENTS
DISTRICT EASEMENTS
o 1. Easement needs to remain clear. No permanent structures or deep rooted
plants will be allowed within the easement limits,
Comments:
o 2. If facility is to be relocated or modified, specifications must meet the District's
standards and be agreeable to the District. A new written and recorded
easement must be conveyed to the District.
Comments: _
o 3. Ifa written and recorded easement does not exist for an existing facility, then
one must be provided in favor of the District.
Comments:
PRIVATE EASEMENTS
o 1. Property may have private facilities (ditch or pipeline) that the District does
not manage. Arrangcment~ may need to be made to provi.de continued service
through the subject property for downstream water users.
Comments:
shnre<Vword/fi:ltIns
Talent Irrigation District Agency Response FOIm.
Page 1 of2
Updated 5/21/08
NO
COMMENT
IF CHECKED
COMl'dENTS
ARE APPLICABLE
D
.'f'RIVA TE EASEMENT PROVISIONS FOR MINOR PARTITIONS
AND/OR LOT LINE ADJUSTMENTS
1. lfthe property currently has w'ater rights and it is being partitioned or a lot line
adjustment js 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.
Conunents:
o
WATER METER REQUIRElVlENT 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:
o
o
C. FACILITIES (including but not .Hmited 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 encasjng existing pipe under
roads or concrete.
Comments:
o
o
D. DRAINAGE / STORl\1 WATER
The District relies on the Bureau of Reclamation's Storm Water Policy. No urban
stann water or point source flows will be allowed into the District's facilities
without goin.g through the Bureau of Reclamation process. (Developments in
historicall.y agricultural areas need to be aware of agricultural run off water and
take appropriate action to protect. the development itom upslope water.)
Comments:
GENERAL COMMENTS:
1. No inteITllptions to irrigation water deliveries will be allowed
2. T.I.D. is a Federal Project and some facilities and/or easement issues may need Bureau ofRec1amation
approval.
3. The developerlsub~divider will take all appropriate actions to ensure the reliability and protection ofthe
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
approval of the final plat.
Date Signed: Nt'l...,<t.Y't\.~ \~ . 'Z-DOC\
,
Jim P dleton
M ger
Talent Irrigation District
sharod/wordffonm
Talent Irrigation District Agency Response Form
Page 2 of2
rA'
Planning Department, 51 Winbu. Jy, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-80(} 735.2900
CITY OF
ASHLAND
PLANNING ACTIONS: 2009-01151
SUBJECT PROPERTIES: 545-555-565 Clover Lane
APPLICANT: Clover Lane LLClHoliday Inn Express
DESCRIPTION: A request for a zoning map amendment to extend the "Freeway Sign ZonefFreeway Overlay District" from its
current 70o-foot radius to include two additional properties along the west side of Clover Lane.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR1S MAP #: 391E 14 AA; TAX LOT: 3200, 6600
& 6700 [NOTICE CORRECTED TO REFLECT CORRECT TAX LOT NUMBERS]
ASHLAND PLANNING COMMISSION MEETING: November Wi 2009 at 1;00 PM, Ashland Civic Center
\ ~
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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 d~ision 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 ofthe 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 35.102.-35.104 ADA Title I).
Ifvou have Questions or comments concerninq this reouest clease feel free to contact the Ashland Planninq Division. 541-488-5305.
G:\comm--dcv'planmngINolices Mailoo'2009\2009-01151_CORRECTED TAX LOT NUMBER.doc
ZONING CHANGE. TYPE III PROCEDURE
18.1 08.060.A & B Approyal Criteria
A. The following planning actions shall be subject to the Type III Procedure:
1. Zone Changes or Amendments to the Zoning Map or other official maps, except for legislatiye amendments.
2. Comprehensiye Plan Map Changes or changes to other official maps, except for legislative amendments.
3. Annexations.
4. Urban Growth Boundary Amendments
B. Standards for Type III Planning Actions.
1. Zone changes, zoning map amendments and comprehensive plan map changes subject to the Type III procedure as described in subsection A of
this section may be approyed if in compliance with the comprehensive plan and the application demonstrates thal;
a. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan; or
b. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to
adjust to the changed circumstances; or
c. Circumstances relating to the general public welfare exist that require such an action; or
d. Proposed increases in residential zoning density resu~ing from a change from one zoning district to another zoning district, will provide one of
the following:
1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or below 100% of median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or
5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501 (3)(c)) affordable housing developer or
comparable Development Corporation for the purpose of complying with subsection 2 aboye. The land shall be located within the project
and all needed public facilities shall be extended to the area or areas proposed for transfer. Ownership of the land shall be transferred to
the affordable housing developer or Development Corporation prior to commencement of the project; or
e. Increases in residential zoning density of four units or greater on commercial, employment or industrial zoned lands (Le. Residential Overlay),
will not negatively impact the City of Ashland's commercial and industrial land supply as required in the Comprehensive Plan, and will provide
one of the following:
1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or below 100% of median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or
5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501 (3)(c)) affordable housing deyeloper or
comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project
and all needed public facilities shall be extended to the area or areas proposed for dedication. Ownership of the land and/or air space shall
be transferred to the affordable housing developer or Development Corporation prior to commencement of the project.
The total number of affordable units described in sections D or E shall be determined by rounding down fractional answers to the nearest whole
unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60
years.
Sections D and E do not apply to council initiated actions.
O:\<omm.dc\"pIMllillg'Noli<es M.ikd\2009\2009.0 J J 51_CORRECTED TAX LOT NUMBER.dD<
ASHLAND PLANNING DIVISION
STAFF REPORT
November 10, 2009
PLANNING ACTION:
PA-2009-0l151
APPLICANT:
Clover Lane LLC
Holiday Inn Express
LOCATION:
545-555-565 Clover Lane
COMPREHENSIVE PLAN DESIGNATION:
Employment
APPLICATION DEEMED COMPLETE:
October 2, 2009
120-DA Y TIME LIMIT:
January 30,2010
ORDINANCE REFERENCE:
18.40
18.96
18.96.100
18.108.060
E-I Employment District
Sign Regulations
Freeway Sign Zone
Type III Procedures
REQUEST: A request for a zoning map amendment to extend the "Freeway Sign Zone/Freeway
Overlay District" from its current 700-foot radius to include two additional properties along the west
side of Clover Lane.
I. Relevant Facts
A. Background - History of Application
General
In July of 1997, Planning Action #97-064 granted approval of a Lot Line Adjustment and
Minor Land Partition to divide 5.84 acres, involving four then-existing tax lots, into five tax
lots including the three subject properties here. A partial realignment and vacation of Clover
Lane was also proposed at this time. The proposed realignment of Clover Lane was intended
to better relate to the alignment of the Interstate 5 right-of-way, and the associated
reconfiguration of these parcels made them better suited for commercial development. (See
Staff Exhibit S-2.)
In March of 1982, Ordinance #2176 was adopted amending Ashland's Sign Ordinance
(AMC 18.96) in its entirety. This amendment brought the Freeway Sign Zone regulations
generally to their current form - prior to this time freeway signage had been allowed up to 60
feet above the base elevation of Highway 66 at its intersection with Interstate 5 and up to 300
square feet in area, and with this amendment the allowed height was reduced to 30 feet above
the base elevation and the allowed area reduced to 100 square feet. The 700-foot radius
Freeway Sign Zone has been in place in the Land Use Ordinance at least as far back as
Ordinance #1798 adopted in November of 1973.
Planning Action PA # 2009-01151
Applicant Clover Lane LlC
Ashland Planning Division - Staff Report
Page 1 of 6
For 545 & 555 Clover Lane (Mieuel's Restaurant & Associated Parkin!!)
In October of200l, Planning Action #200l~104 granted approval of a Modification of the
Site Review approval for a previously approved Denny's Restaurant to add additional
parking.
In November of 1999, Planning Action #99-132 granted approval of a Lot Line Adjustment
between the two lots.
In April of 1999, Planning Action #99-052 granted Site Review approval to allow the
construction of a new "Denny's Classic Diner" restaurant. This action also included
approval of a Land Partition to divide the parcel into two lots, one of which was to contain
the restaurant at 545 Clover Lane and the other at 555 Clover Lane which was to contain nine
leased parking spaces serving the adjacent restaurant while retaining the potential to further
develop.
For 565 Clover Lane. now the Holidav Inn Express
In January of2006, Planning Action #2005-01527 granted Site Review approval to allow the
installation of wireless communication facilities, including a cupola on the roof of the
existing Holiday Inn Express building with antennas mounted on the inside, and a
telecommunications equipment shelter adjacent to the parking lot. In keeping with
applicable site design standards and the Sign Ordinance, this approval was conditioned to
limit signage to only that allowed for wireless communications facilities in AMC
l8.72.180.C ("a maximum of two non-illuminated signs with a maximum of two squarefeet
each stating the name of the facility operator and a contact phone number") and to prohibit
the installation of signage for the hotel/motel use on the rooftop wireless communications
facility installation.
In February of 2000, Planning Action #2000-023 granted a one-year extension to the
previously approved Site Review and Conditional Use Permit for a 65-unit, three-story
motel.
In November of 1998, Planning Action #98-100 granted Site Review and Conditional Use
Permit approval to allow the construction of a 65-unit, three-story motel at 565 Clover Lane.
There are no other planning actions of record for these sites.
B. Detailed Description of the Site and Proposal
The subject properties are located on the west side of Clover Lane, south of its intersection
with Highway 66, east of the Interstate 5 right-of-way and just north of the current terminus
of Clover Lane. Tax Lot #3200 is addressed as 545 Clover Lane and currently contains
Miguel's Restaurant. This parcel is irregularly shaped and approximately 0.50 acres in area.
Tax Lot #6600 is addressed as 555 Clover Lane and is vacant but for the parking and parking
lot landscaping associated with Miguel's Restaurant. This parcel is generally rectangular in
shape and is approximately 0.39 acres in area. Tax Lot #6700 is addressed as 565 Clover
Lane and currently contains the Holiday Inn Express. This parcel is irregularly shaped and is
approximately 1.41 acres in area. (See Staff Exhibit S-3).
Planning Action PA # 2009-01151
Applicant: Clover Lane LLC
Ashland Planning Division - Staff Report
Page 2 of 6
All three of these parcels are zoned Employment (E-l). The existing Freeway Overlay
District, also known as the Freeway Sign Zone, takes the form of a circle with a 700-foot
radius centered on the freeway interchange at Exit 14 (See Staff Exhibit S-1). This special
overlay zone is intended to provide for and regulate certain ground signs which identify
businesses in commercial districts located at freeway interchanges. It allows for the
placement of larger and taller signs (i.e. "freeway signs") to provide greater visibility for
freeway-oriented businesses at the interchange; the signs allowed are up to 100 square feet in
area and may extend to a height of 2028 feet above mean sea level (where the existing
ground level on the subject properties varies from approximately 1994 to 201 0 feet based on
city GIS data). Standard commercial ground signs are limited to no more than five feet in
height and no more than sixty feet in area. (NOTE: For C-I zoned properties within the
Freeway Overlay District, location within the Freeway Overlay District also conveys some
additional allowances for the installation of wireless communication facilities and for
automobile-oriented businesses. The subject properties are zoned E-I and as such the only
special allowances related to their inclusion within the overlay are those related to signage.)
As currently configured, the Freeway Sign Zone extends to cover the majority of the property
at 545 Clover Lane, which is currently Miguel's Restaurant. With the current proposal, the
overlay Freeway Sign Zone would be extended to include the remainder of the property at
545 Clover Lane, and two additional properties at 555 Clover Lane, currently vacant except
for a parking lot, and at 565 Clover Lane, currently the Holiday Inn Express.
II. Project Impact
The application includes a request for a zoning map amendment, a Type III procedure, to
extend the "Freeway Sign Zone/Freeway Overlay District" along the west side of Clover
Lane from its current 700-foot radius to include the remainder ofthe property at 545 Clover
Lane and two additional properties at 555 Clover Lane and 565 Clover Lane. The Planning
Commission has the authority to take such action as is necessary to make the amendments to
maps and zones without further action from the Council, unless the decision is appealed.
A. Zoning Map Amendment
The application submittal notes that the request is based on the Holiday Inn Express's need to
remain competitive in attracting customers from the Interstate 5 corridor. The application
notes a number of factors which make it difficult for travelers to find the Holiday Inn
Express, and which lead to their making the application. These include: I) that Clover Lane
is very narrow for a commercial street, especially one close to the freeway and at the base of
the Siskiyou Mountains; 2) that Clover Lane has signs at its entrance which state "Dead End"
giving the impression that there are no businesses beyond the sign to patronize; 3) that
Clover Lane has a sharp curvature which limits visibility of businesses; and 4) the distance
between off-ramps on Interstate 5, which makes it unlikely that someone who misses the exit
will turn around and seek out the business. The application explains that inclusion in the
Freeway Sign Zone would allow the installation of a pole sign which would help to attract
customers unfamiliar with the area as the taller and larger sign provides increased visibility to
travelers who are unfamiliar with the area and travelling at freeway speeds. The application
Planning Action PA # 2009.01151
Applicant Clover Lane LLC
Ashland Planning Division - Staff Report
Page 3 of 6
also notes that the hop is to provide freeway signage directed to travelers without having an
adverse impact on residentiallYMzoned neighborhoods to the east.
The application is being made specifically based on approval criteria "b" which requires that, "A
substantial change in circumstances has occurred since the existing zoning or Plan
designation was proposed, necessitating the need to adjust to the changed circumstances. "
The submittal notes that the Freeway Sign Zone was originally established to assist in the
identification of commercial businesses near the interchange, and suggests that the proposal
responds to the development that has occurred since the adoption ofthe current freeway sign
regulations in 1982. In particular, the application discusses the fact that the southern end of
Clover Lane was extended and modified in the late 1990's to reconfigure the parcels in a
manner more conducive to commercial development in the Employment zone. With the
realignment of Clover Lane and the reconfiguration of parcels, five commercial buildings
were constructed on six parcels in less than six years. The application asserts that when this
level of development is considered in light of the narrow rightMof-way, dead-end signage, and
the lack of visibility due to the road's curvature and trees there is a need to adjust the overlay
to reflect the substantial change in circumstances.
In addition to responding to requirement to demonstrate a substantial change in circumstance,
the application materials also contend that in attracting Interstate 5 travelers who pay local
transient occupancy and food and beverage taxes, these freeway-oriented businesses are
capturing much-needed revenue and helping to encourage tourism and tourism-related
development, economic development, and paying for open space and water quality
improvements.
In considering the application, staff believe that the vacation of the previous Clover Lane
right-of-way, the realignment of the street to a more parallel relationship with Interstate 5,
and reconfiguration of parcels to create lots more conducive to commercial development at
the end of Clover Lane can be found to be a "substantial change in circumstanceS...since the
existing zoning... was proposed, necessitating the need to adjust to the changed
circumstances." As illustrated in Staff Exhibits S-l and S-3, the existing Freeway Sign
Zone's 700-foot radius seems to roughly correspond to the lot configuration that was in place
prior to the reconfiguration of the parcels. The previous alignment of the Clover Lane right-
of-way extended directly south from Highway 66 to the Interstate 5 freeway right-of-way,
and resulted in a long triangular lot squeezed between the freeway and Clover Lane; the
northern part of this lot would've been near the existing site of Miguel's Restaurant, located
at the outer edge of the Freeway Sign Zone, and further commercial development to the south
would have been largely constrained by the narrowing lot configuration. With the
realignment of Clover Lane in the late 1990's and the reconfiguration of the lots in this area
to better accommodate commercial development, staff believe that the subject properties
were made more able to accommodate freeway-oriented businesses, and at the same time the
realignment to extend Clover Lane parallel to the freeway created some visibility issues for
businesses on these properties which can likely be best addressed through the extension of
the overlay as proposed.
Planning Action PA # 2009.01151
Applicant: Clover Lane LLC
Ashland Planning Division - Staff Report
Page 40f6
It appears that the Freeway Overlay Zone was originally established with Ordinance 1798 in
late 1973, and while the underlying reasons for creation of the overlay are not entirely clear,
staff have noted that in early drafts of the ordinance in 1973, the Freeway Sign Zone was set
aside as the only area in Ashland where signs could be erected which were primarily visible
only from the freeway. The ordinance adopted ultimately also included explicit prohibitions
on billboards advertising off-premise businesses as well. It seems that the overlay has long
been used as a means to balance the signage needs of businesses near the freeway with limits
on the aesthetic impacts of freeway signage to the rest of the community.
In keeping with this history, staffbelieve that the potential aesthetic impacts of this proposed
extension of the Freeway Sign Zone must also be fully considered, including potential
impacts to the single family residential neighborhood located east of Clover Lane. As noted
in the applicants' submittal, the subject properties are separated from this residential
neighborhood to the east by the buildings themselves and the buildings built along the east
side of Clover Lane, by topography whi ch drops between 14 and 28 feet between the subj ect
properties and the nearest residences, and by a physical separation of more than 200 feet. In
addition, staff believe it is important to note that 545 Clover Lane (Miguel's) already has a
freeway sign in place, so the real and immediate effect of the proposal would be to allow a
freeway sign for the Holiday Inn Express at 565 Clover Lane and for whatever building is
ultimately constructed at 555 Clover Lane, the partially-vacant parcel between Miguel's
Restaurant and the Holiday Inn Express, in the future. Topography here is such that the
farther one goes from the center of the interchange, the higher the ground level is relative to
the centerline of Highway 66, and as such signs allowed within this proposed extension of
the Freeway Sign Zone would have to be proportionally shorter as they get farther from the
interchange (and nearer to the residential neighborhoods) to comply with the height
limitation of2,028 feet above mean sea level. This limitation means that the top of a freeway
sign is allowed to extend 30 feet above the 1,998 foot elevation of the centerline of Highway
66 at its intersection with the centerline of Interstate 5, and would effectively limit the
heights of signage on the subject properties to about 34 feet in height at the northernmost end
of the subject properties (i.e at Miguel's, which already has a sign in place) but to only about
18 feet in height at the southernmost end of the Holiday Inn Express site which is the area in
closest proximity to the residential zone 215 feet to the east.
III. Procedural. ReQuired Burden of Proof
The criteria for approval of Zoning Map Amendments Annexation are described in
18.106.060.8 as follows:
1, Zone changes, zoning map amendments and comprehensive plan map changes subject to the
Type III procedure as described in subsection A of this section may be approved if in
compliance with the comprehensive plan and the application demonstrates that one or more
of the following:
a. The change implements a public need, other than the provision of affordable
housing, supported by the Comprehensive Plan; or
b. A substantial change in circumstances has occurred since the existing zoning or
Plan designation was proposed, necessitating the need to adjust to the changed
circumstances; or
Planning Action PA # 2009-01151
Applicant: Clover Lane LLC
Ashland Planning Division - Staff Report
Page 5 of 6
c. Circumstances relating to the general public welfare exist that require such an
action; or
d, Proposed increases in residential zoning density resultingfrom a changefrom one
zoning district to another zoning district, will provide 25% of the proposed base
density as affordable housing consistent with the approval standards set forth in
18,106.030(G);or
e. Increases in residential zoning density offour units or greater on commercial,
employment or industrial zoned lands (i.e. Residential Overlay), will not negatively
impact the City of Ashland's commercial and industrial land supply as required in
the Comprehensive Plan, and will provide 25% of the proposed base density as
affordable housing consistent with the approval standards setfortlt in 18.106. 030(G)
The total number of affordable units described in sections D or E shall be
determined by rounding downfractional answers to the nearest whole unit. A
deed restriction, or similar legal instrument, shall be used to guarantee
compliance with affordable criteria for a period of not less than 60 years.
Sections D and E do not apply to council initiated actions.
IV. Conclusions and Recommendations
While staff would generally be very cautious about a zoning map amendment to benefit one
or two properties, in this case we believe that the vacation of the previous Clover Lane right"
of-way in the late 1990's and subsequent realignment of the street to a more parallel
relationship with the freeway interchange in order to reconfigure the lots and enable further
commercial development of this area can be found to represent a substantial change in
circumstances since the initial creation of the Freeway Sign Zone that merits revisiting by the
Planning Commission. The applicants have proposed to extend the Freeway Sign Zone to
encompass two additional properties, and in staffs view this is an appropriate response to the
visibility issues created with the street's realignment while at the same time remaining true to
what staff believe was the underlying intent of this zone to begin with - balancing the
signage needs of freeway"oriented businesses against the aesthetic impacts of freeway
signage on the rest of the community. In this instance, staffbelieve that the one or two signs
which would be allowed with approval will benefit the businesses while having little or no
noticeable aesthetic impact to their neighbors.
Should the Commission determine that the situation does not merit amendment of the zoning
map, staff believe that the height and design of the Holiday Inn building and the recent
modifications to the sign ordinance allowing signage on more than two frontages present
opportunities to modifY the existing signage to enhance the visibility of the building from the
freeway and Clover Lane. Should the Commission choose to approve the request, staff
would recommend that a single condition be attached:
1) That all necessary permits including electrical permits, structural permits, and sign
permits shall be obtained prior to the installation of freeway signs on the subject
properties. Permit applications shall include scalable elevation drawings and a site
plan, a clear and accurate identification of the height above mean sea level, and shall
clearly demonstrate that all proposed signage complies with the Sign Ordinance
(AMC 18.96) and will not project into required fire apparatus access areas.
Planning Action PA # 2009.01151
Applicant: Clover Lane LLC
Ashland Planning Division - Slaff Report
Page 6 016
ODOT comments: #2009-01151 (Clover Lane, LLC / Holiday Inn Express proposed free... Page 1 of 1
Derek Severson - Fwd: OnOT comments: #2009-01151 (Clover Lane, LLC I Holiday Inn Express
proposed freeway signage zone map amendments)
From:
To:
Date:
Subject:
Maria Harris
Derek Severson
11/2/09 4:03 PM
Fwd: ODOT comments: #2009-01151 (Clover Lane, LLC / Holiday Inn Express proposed
freeway signage zone map amendments)
Bill Molnar
cc:
>>> "PYLES David1t <David.PYLES@odot.state.or.us> 11/2/20093:38 PM >>>
Maria:
The Oregon Department of Transportation appreciates the opportunity to review and comment on the noticed Clover
Lane, LLC J Holiday Inn Express proposed request for a zoning map amendment to extend the "Freeway Sign
Zone J Freeway Overlay District" from its current 700-foot radius to include additional properties along the west side
of Clover Lane. We understand the subject properties are described as Map 39-1E-14AA, Tax Lots 3200, 6700 and
6800. Please include this correspondence in the public hearing record of the Ashland Planning Commission
scheduled for November 10,2009. Please copy me on the City's final decision.
We offer the following comments, in the interest of the Department's signage permitting authority, regarding signs
visible to J from state highways.
1) The state, through the ODOT, regulates signs on private property where visible to state highways. Within
Ashland city limits, a proposed sign visible to a state highway would need to meet both city and state codes.
2) No signs are allowed within state highway rights-of-way. This includes no vertical encroachment within the right-
of-way (e.g., overhanging signage). Signs found within state right-of-way can be subject to removal and immediate
pick-up.
3) On private property, some signs need state permits while others do not require state permits. To make that
determination, two questions are asked. First, is the sign posted for compensation (e.g., receiving ad revenue, or
paying a land lease)? If so, it is an "outdoor advertising sign", requiring a state permit. If not, a second question is
asked: is the sign posted at the location of some business or activity open to the public? If not, it is an "outdoor
advertising sign" and requires a state permit. Note, the sign does not need to be at the same business advertised
on the sign; just some business. Additionally, "compensation" includes money, as well as barter, forgoing debt, et
cetera - Le.. anything of value.
4) All signs under state jurisdiction must meet some basic requirement, mostly safety issues. These are listed
within Oregon Revised Statute 377.720.
Please address and incorporate these Department interests regarding freeway sign age within the City of Ashland's
final decision. We request notification and coordination of future signage applications, visible to J from state
highways within the City of Ashland, meeting the above stated outdoor advertising sign criteria tests. We appreciate
the opportunity to provide development review service to the applicant and City of Ashland. We look forward to
working with Ashland on future land use permit applications,
Kind regards,
David J. Pyles I Development Review Planner III
The ODOT Region 3/ District 8 I 100 Antelope Rd, ! White City, OR 97503
S': (541) 774.6399 I ~: (541) 774.6349 I [9: Davld.Pyles@odot.state.or.us
file://C:\Documents and Settings\seversod\Local Settings\Temp\XPGrpWise\4AEF02BBA... 11/2/2009
CITY OF ASHLAND
PLANNING APPLICATION
(~ p 0 ()
A request for a Zone Map Amendment to extend the
Freeway Sign Overlay Zone
PROPOSAL: This planning application proposal is for an amendment to the City's
Zoning Map to extend the Freeway Sign Overlay Zone's 350' radius to include additional
lands along Clover Lane. The purpose of the request is to allow existing freeway oriented
businesses sign visibility.
PROJECT INFORMATION:
APPLICANT:
Holiday Inn Express
Jon Warren, Owner
565 Clover Lane
Ashland, OR 97520
LAND USE PLANNING:
Urban Development Services, LLC
485 W. Nevada Street
Ashland, OR 97520
Tel: 541-482-3334
COMPREHENSIVE PLAN DESIGNATION:
Employment
ZONING DESIGNATION:
E-l
APPLICABLE ORDINANCES:
Commercial District, Chapter 18.32
Employment District, Chapter 18.40
Sign Regulations, Chapter 18.96
ADJACENT ZONING I USES:
The adjacent properties are either zoned Commercial or Employment and the area
predominantly consists of "freeway oriented businesses" such as motels, restaurants
and gas stations, but also includes some light manufacturing businesses.
I. PROJECT PROPOSAL & BACKGROUND:
Proposal: The proposal is for a Zoning Map Amendment to expand the Freeway Overlay
Zone to include additional properties that have been developed since the overlay map was
adopted in 1982 (ORD. 2176). This is best illustrated in Exhibit "D" below.
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
?
Background: A pre-application meeting was held on March 11, 2009, at which time
comments were received from various City and State departments. However, due to the
nature of the application being specifically about signage, very little input was forwarded.
In addition, general discussions have occurred with the Planning staff about the nature of
the application as it relates to the Freeway Zone's overlay boundaries which would
include an "extended radius" or a modification of the overlay to include specific
properties.
II. PURPOSE OF REQUEST:
After exploring a variety of avenues over the last year, it has become apparent that the
subject property has little to no opportunity to remain competitive with other "freeway
types of businesses" not necessarily in Ashland, but other businesses along the
California! Oregon 1-5 corridor. In essence, most travelers along the 1-5 corridor are not
looking specifically for Ashland as their destination, but instead looking for a convenient
and safe place to spend the night, but due to a variety of factors they can not easily "see"
or "find" the subject property. There are a number of physical constraints creating this
problem, but when combined, it has become a serious problem for not just the subject
business, but also the other "freeway oriented" businesses along Clover Lane. These
constraints are as follows:
1) Clover Lane is very narrow for a commercial street, especially one close to the
freeway and at the base of the Siskiyou Mountains;
Clover Lane is a very narrow road primarily due to its history when it was once a single
lane road, prior to the installation of 1-5, when it extended from Highway 66 to the
southern end of Washington Street. Because of this history and the concentration of the
incremental development that occurred near the Highway 66 corridor and later the 1-5
corridor, the narrow right-of-way remained, infrastructure was sporadic, buildings were
haphazardly placed and, most importantly, there was a lack of planning (Note: There was
no City or ODOT Planning Departments during this period and all/most decisions were
made by DOT Civil Engineers with little to no public input).
2) Clover Lane has signs at its entrance which state "dead end" giving the
impression there is no further businesses beyond the sign to patronize;
Approximately 140' from the Clover Lane / Highway 66 intersection, a "dead end" sign
exists (a second sign on the same pole also reads "no truck turn around"). Although the
sign is correct and the street does dead-end in a large cul-de-sac approximately 950' from
the street's entrance, this sign's pronounced location and the lack of visibility of the
subject property as well as other businesses located near the cul-de-sac, give the
impression to the patron (especially at night) that he's/she's made a wrong turn.
According to the various reports obtained from the hotel's manager, these people either
find the hotel after various turning maneuvers or leave the City entirely to find other
lodging. Unfortunately, it's not just the loss of revenue that is difficult for the business,
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
each complaint received is subject to a hefty corporate fine causing additional financial
burden on a business already struggling.
3) Clover Lane has a sharp curvature in it which limits visibility ofthe businesses);
Clover Lane has a relatively sharp curvature just beyond the "dead end" sign referred to
above. The curvature, in combination with a few mature trees and the dead end sign,
gives automobilists the impression that there are no businesses at the end of the street.
This is best illustrated in the photo below.
1) "Dead End" sign
\ 2) Narrow street
3) Road curvature --.___~
. --
Exhibit "A" - Clover Lane's Visibility Coltstraints
4) Distance benveen 1-5 off-ramps:
Once you pass Exit 14 southbound, there is not an off-ramp or turn around point until the
Mount Ashland Exit (approximately 8 miles up the mountain) or when traveling
northbound, there is not an off-ramp or turn around point until Exit 19 (5 miles). In many
cases, these distances are too great for a driver to turn around and still patronize the
businesses. Instead, they continue along 1-5 until the next available service. This fact is
likely more pronounced depending on the weather and time of day, but regardless, once
passed the distance between off-ramps creates an illogical excuse for a driver to turn
around.
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482,3334 I fax 541.482.3336
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Exhibit HE" _ Plat Map olClover Lane -Illustrates historic right-ofway (dashed line), road curvature and
change olwidthji'om 29' to 53', Subject property is on Tax Lot #6700.
III. HISTORY & PURPOSE OF FREEWAY OVERLAY ZONE:
The Freeway Overlay Zone was adopted in 1982 (ORD. 2176) and is identified below in
Exhibit "C". The purpose of the Freeway Sign Overlay zone is intended to provide for
and regulate certain ground signs which identify businesses in commercial districts
located at freeway interchanges (AMC 18.96.100). In general, the only provision granted
to propelties within the Freeway Overlay Zone that are not granted to properties outside
of it is the opportunity to have a pole sign (freeway sign). Pole signs are necessary along
freeway interchanges as travelers are typically unfamiliar with the area, require more
visible signage due to their high speeds and usually have a single purpose for stopping.
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482,3334 I fax 541.482.3336
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Exhibit "D" - Propose(l Freeway Overlay Zone
485 W, Nevada Street I Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
As illustrated in the above zoning maps, the Freeway Sign Overlay radius is 350' and
centered on the Highway 66 I 1-5 Bridge. There doesn't appear to be much history as to
why 350' was chosen in 1982, but it can logically be assumed the dimension was based
on the existing businesses present at that time and that those businesses were primarily
freeway oriented with a large segment of their business coming from I~5 travelers
needing services for food, lodging, snow chains, gas, mechanical assistance, etc,
Unfortunately, because the zoning designation was delineated with a radius, it then
indiscriminately included certain residential properties and excluded certain commercial
properties that were later developed with freeway oriented businesses. In essence, the
proposal essentially updates the 1982 map to reflect the pattern of development that has
occurred since.
IV. NEIGHBORHOOD IMPACT:
A primary consideration with this application is to provide freeway signage that is
directed towards the 1-5 traveler and not directed towards the residential neighbors to the
east. Unfortunately, because of the limited sign visibility and the circumstances described
above, a number of 1-5 travelers looking for businesses on the southern end of Clover
Lane get lost and or confused and will then go through the adjacent residential
neighborhoods searching for their destination. As one can imagine, this can be frustrating
for both the neighbors and travelers, especially when it occurs at night or in inclement
weather. However, with the installation of a pole sign near the southern end of Clover
Lane (beyond road curvature), it will give the travelers a better sense where their
destination is and will hopefully continue along Clover Lane to find it.
The applicants have also looked aesthetic concerns from the adjacent residential
neighborhood regarding sign clutter or sign pollution and have found there is no visibility
of potential signs from the neighboring properties (at least from the ground floor areas).
This is primarily due to the fact that there are a number of physical factors such as: First,
the proposal is to amend the overlay area to include only those lands south of Clover
Lane which provide an approximate 240' to 600' distance to the nearest residence. In
fact, the most logical location, as evidenced with other pole signs in the area, is to locate
the signs close to the 1-5 freeway which adds approximately another 150'. Second, the
difference in grade between the commercial area and the residential area is between 10'
and 30' depending upon the location. Third, each of the residential parcels, including the
residential parcels next to the residential area (see photos below), have buildings that
"screen" the existing pole signs. When these physical elements are combined with the
code's existing height limitation, the resulting effect is nominal. This is best illustrated in
the photos below. Finally, Section 18.96.100 D.3. of the Ashland Municipal Code limits
the height of a sign to be no higher than elevation point 2028 above mean sea level (see
Exhibit "F") which essentially puts any new pole sign beyond the viewpoint of the
residential neighborhoods to the east.
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
"~
Exhibit "E" - ExistingFeeway pole signs and any future Feeway signs will not be visible from the
residential neighbors to the east (photos takenfi'om center of Sutton Place cul-de-sac).
V. ZONING MAP AMENDMENT CRITERIA:
The criteria for a zoning map amendment can be found in the Ashland Municipal Code,
Section 18.108.060 B.1. and are noted below followed by the applicant's findings of fact:
NOTE: For clarity, the following has been formatted in "outline" form with the City's
approval criteria noted in hold font and the applicant's response in regular font. Also,
due to repetiveness in the required findings of fact, there may be a number of responses
that are repeated in order to ensure that the findings of fact Gre complete.
B. Standards for Type III Planning Actions.
1. Zone changes, zoning map amendments and comprehensive plan map changes
subject to the Type III procedure as described in subsection A of this section may be
approved if in compliance with the comprehensive plan and the application
demonstrates that one or more of the following:
a. The change implements a public need, other than the provision of affordable
housing, supported by the Comprehensive Plan; or
The applicant is specifically basing the request on Criteria "b" below, but would like to
make a point that in an indirect way, this change will also address a public need.
The applicant contends that businesses needing the freeway overlay signage are
businesses that generally cater to 1-5 travelers, some tourists and very few locals. In
reality, 1-5 travelers have many options as they can choose from a number of freeway off
ramps to obtain their service needs. However, by stopping in Ashland they pay the local
Transient Occupancy Tax (TOT) or Food & Beverage Tax which help pay for various
programs such as tourism, tourism related development, economic development, open
space and water quality improvements. This is important as very few 1-5 travelers put
much demand on City services and generally are off the freeway for their service needs
and quickly back-on again heading to their point of destination. In this sense, freeway
485 W. Nevada Street I Ashland. OR 97520 I phone 541.482.33341 fax 541.482.3336
businesses capture much needed revenue for the City that could easily be lost to anothe!"
community.
b. A substantial change in circumstances has occurred since the existing zoning or
Plan designation was proposed, necessitating the need to adjust to the changed
circumstances; or
As noted prior, the initial Freeway Overlay Zone was established in 1982 (ORD. 2176) to
assist in the identification of commercial businesses located near the interchange. At this
time, the "overlay boundary" adopted by the City was in the form of a 350' radius
centered on the 1-5 I Highway 66 Bridge. Unfortunately, there doesn't appear to be much
history as to why 350' was chosen in 1982, but it can logically be assumed the dimension
was based on the existing businesses present at that time and that those businesses were
primarily freeway oriented businesses with a large portion of their revenue coming from
1-5 travelers needing services for food, lodging, snow chains, gas, mechanical assistance,
etc. Unfortunately, because the zoning designation was delineated with a 350' radius, it
then indiscriminately included certain residential properties and excluded certain
commercial properties that were later developed with freeway oriented businesses. In
essence, the proposal essentially updates the 1982 map to reflect the pattern of
development that has occurred since - an approximate 27 year period. As such, the
applicant contends there has been a substantial change in the circumstances over the past
27 years since the 1982 Freeway Overlay Zone was established by the City and the
proposal is simply an adjustment to the map to reflect the changed circumstances.
A second finding is the fact the southern end of Clover Lane was extended and modified
in the late 1990's that actually created parcels conducive to development. As noted
previously, Clover Lane originally connected to "Washington Street" prior to 1-5, but
once 1-5 was installed and severed the street, the remnant parcels on the northern half
(Clover Lane) were both odd in size (very small or very large) and shape (very acute
angles). However, in 1998, the property was then reconfigured by the property owner via
a Lot Line Adjustment which shifted the Clover Lane right-of-way to run parallel with
the freeway which then created parcels conducive to individual ownership and small
commercial and employment businesses. In doing so, it generated a relatively substantial
increase of commercial development along Clover Lane in a short period of time
culminating in five commercial buildings on six parcels in less than six years. As such,
when one considers these changes and the circumstances relating to the northern end of
Clover Lane (the narrow right-of-way, the dead-end sign and the lack of visibility due to
the road's curvature and trees) there appears to be a necessity to adjust the overlay map to
reflect current circumstances.
c. Circumstances relating to the general public welfare exist that require such an
action; or
Although not a principal factor in the justification of the proposed map amendment, there
have been many documented cases where patrons looking for services can not find them
and leave. Although it is unclear how many of the patrons continue to search, find other
accommodations in the vicinity or get frustrated and continue on their 1-5 travels to the
next off ramp with "freeway traveler services", the reality is these individuals are
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
essentially lost and driving around needlessly. (NOTE: The 1-5 and Hwy. 66 interchange
is the only interchange located in the City limits which of course businesses contribute to
the local 9% Transient Occupancy Tax and 5% Meals Tax which help off-set the costs to
various City programs such as tourism, tourism related development, economic
development, open space acquisition, sewage treatment, etc.).
d. Proposed increases in residential zoning density resulting from a change from one
zoning district to another zoning district, will provide 25% of the proposed base
density as affordable housing consistent with the approval standards set forth in
18.106.030(G);or
Not applicable.
e. Increases in residential zoning density of four units or greater on commercial,
employment or industrial zoned lands (i.e. Residential Overlay), will not negatively
impact the City of Ashland's commercial and industrial land supply as required in
the Comprehensive Plan, and will provide 25% of the proposed base density as
affordable housing consistent with the approval standards set forth in 18.106.030(G)
The total number of affordable units described in sections D or E shall be
determined by rounding down fractional answers to the nearest whole unit. A deed
restriction, or similar legal instrument, shall be used to guarantee compliance with
affordable criteria for a period of not less than 60 years. Sections D and E do not
apply to council initiated actions.
Not applicable.
VI. COMPREHENSIVE PLAN POLICIES (pertinent policies onlv addressed)
Chapter VII - Economic Element
GOAL: To ensure that the local economy increases in its health, and diversifies in
the number, type and size of businesses consistent with the local social needs, public
service capabilities, and the .retention of a high quality environment.
VII-l Policy-The City shall zone and designate within the Plan Map sufficient
quantity of lands for commercial and industrial uses to provide for the employment
needs of its residents and a portion of rural residents consistent with the population
projection for the urban area.
The applicant contends the proposed modification adjusts the overlay map based on
population and land use changes that have occurred since 1982 where the population
increased from roughly 15,000 residents to 19,500 residents and the land uses in this area
went from vacant lands to developed lands that primarily service the 1-5 traveler.
VII-2 Policy-The City shall design the Land Use Ordinance to provide for:
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
L:,C j,'."j (}
a) Land division and development within employment and manufacturing districts,
and continue the employment zoning district which will provide for service, retail
and light industrial uses consistent with specific performance standards relative to
heavy truck traffic, noise, dust, vibration, and non-work related single- passenger
vehicle trips.
Consistent with the above policy, in the late 1990's, the City's Planning Commission
permitted the southern end of Clover Lane to be extended and modified creating parcels
conducive to employment, retail and manufacturing development. In doing so, it
generated a relatively substantial increase of commercial development along Clover Lane
in a short period of time culminating in five commercial buildings on six parcels in less
than six years. As such, the applicant is requesting the Land Use Ordinance and overlay
map to help recognize these developed lands that have since developed and provide for
retail services that specifically cater to 1-5 travelers.
VII-3 Policy-The City shall develop and implement an economic development
program which will attempt to increase the number, variety and size of family wage
retail, service, and light industrial activity employers within the urban area, with
particular emphasis on employers paying wages at or above the median County
wage, and employing from 5 to 100 people, or who are locally owned. The City shall
work with regional economic development agencies on coordinating regional
economic development activities.
Although the above policy is intended to target "new" economic development
opportunities, the applicant and his neighbors contend it is equally important to retain
existing business that have been created since this policy was adopted and since 1982
when the original overlay map was created. In doing so, it recognizes businesses and their
employees that provide necessary public services.
VII-S The City shall encourage economic development of the local resources and
enhance employment opportunities for existing residents. The City's policy is that
economic development shall always have as its primary purpose the enhancement of
the community's economic health.
As noted previously, the preservation of existing businesses in the community is
sustainable and very important ~ especially to those businesses that cater to a "specific
type of patron" that has no purpose to visit the community other than to obtain their
services quickly and conveniently_ Ifthis is not possible, this type of patron will continue
towards their destination and find these services along their way. By capturing these
types of patrons, the City captures much needed Transient Occupancy Tax and Meals Tax
revenues that are specifically allocated to programs supporting the community's
economic health and environmental health.
485 W. Nevada Street 1 Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
,"'.
c' ",o'
VII. FREEWAY SIGN ZONE - CODE LANGUAGE:
Although not proposed to be amended, Section 19.96.100 of the Ashland Municipal Code
(see Exhibit "F" below) corresponds with the purpose of the application and will allow
business owners within the area to apply for the provisions therein. In particular, Sections
D.2 and D.3 (underlined for emphasis), identify the general goal of the proposal which is
to allow for a pole sign in compliance with D.2 and D.3 that is visible to 1-5 travelers as
they approach the property from the entrance of Clover Lane.
18.96.100 Freeway Sign Zone
A. Purpose. This special overlay zone is intended to provide for and regulate certain
ground signs which identify businesses in commercial districts located at freeway
interchanges.
B. Establishment and Location of Freeway Sign Zones. Freeway sign zones shall be
depicted on the official zoning map of the City and identified as the Freeway Overlay
District.
C. Freeway Overlay Sign Regulations. All signs in this district shall comply with Section
18.96.090, except for ground signs, which shall comply with the provisions of Section
18.96. 1 OO(D), ground sign regulations.
D. Ground Sign Regulations.
1. Number. One freeway sign shall be permitted for each lot in addition to the signs
allowed by 18.96.090 of this Chapter. (Ord. 2290, 1984)
2. Area. Signs shall not exceed an area of one hundred (100) square feet per sign.
3. Height. Signs shall not exceed a height of2028 feet above mean sea level.
Exhibit "F" - Illustrates the existing code language t!lat correspollds with the Freeway Overlay ZOlle
(not proposed to be changed).
VIII. CONCLUSSION:
As discussed through-out this document, the purpose of this application is to provide for
improved visibility to uses that generally cater to 1-5 travelers and for an area that has
some odd circumstances associated with it because of the existing street signage, existing
trees, history of the right-of-way, road curvature and narrowness of the street. It is not the
intent of the applicant to "advertise" the facility, but instead provide recognition to
patrons not familiar with the area.
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
AREA PHOTOS & DESCRIPTIONS
Photo #3: Looking east from 1-5 overpass, this picture shows the subject area be included
in the Freeway Overlay Zone. Again, although this area is relatively visible during the
day from this position, at night, in inclement weather or to the 1-5 travelers not familiar
with the area, the challenge to find businesses along the southern end of Clover Lane can
be daunting.
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
,
/-/
AREA PHOTOS & DESCRIPTIONS
Photo #1: Looking south from Clover Lane, this picture shows the "dead end" sign, two
"no truck turn around" signs, the street's narrow right-of-way and what appears to be a
dead end street. However, what is difficult to illustrate is how dramatic this image would
look like at night or in inclement weather and to a person(s) not familiar with the area.
485 W. Nevada Street! Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
AREA PHOTOS & DESCRIPTIONS
Photo #2: Looking north from Clover Lane, this picture shows the existing pole signs
within the Freeway Overlay Zone's 350' radius. Based on Section 18.96.100 D.2 and D.3
of the Ashland Municipal Code, these signs are not to exceed a 100 square feet or exceed
the mean sea level of2028. As such, each is approximately 30' to 45' high based on their
elevation level.
NOTE: Although the zone's radius appears to have been "randomly" drawn in 1982, the
reality is the sign standards for area and height work very well as the signs provide
visibility for the businesses, but limit sign pollution and the typical sign aggression often
seen in other communities without sign standards. It is the applicant's contention a new
pole sign will have minimal aesthetic impact to the area, but will provide the businesses
in the area an opportunity to be seen.
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
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Planning Departrment, 51 Winbur JY, Ashland, Oregon 97520
541-488.5305 Fax: 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900
CITY OF
ASHLAND
PLANNING ACTIONS: 2009-01151
SUBJECT PROPERTIES: 545-555-565 Clover Lane
APPLICANT: Clover lane LLClHollday Inn Express
DESCRIPTION: A request for a zoning map amendment to extend the "Freeway Sign ZonelFreeway Overlay District" from its
current 700-foot radius to include two additional properties along the west side of Clover Lane.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP #: 391E 14 AA; TAX LOT: 3200, 6700
& 6800
ASHLAND PLANNING COMMISSION MEETING: November 10) 2009 at 7:00 PM, Ashland Civic Center
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Notice is hereby given that a PUBUC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before
the ASHLAND PLANNING COMMlISSION 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 Ilny fetter, 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 preclwde$ your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues
relating to proposed conditionslOf approval with sufficient specificity to allow this Commission to respond to the issue precludes an action for
damages in circuit court.
A copy ofthe application, all doc~ments and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and
will be provided at reasonable cast 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 Winburm 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 heating, 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
Administrato(s office at 541-48846002 (TIY phone number 1-8()()"735-2900). Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to 8flSU1reaccessibility to themeeting.{28 CFR 35.102.-35.104 ADA Title I).
G;\comm-dc\'\planning\Noticcs Mailoo-2009\2009-0 II S Ldoc
ZONING CHANGE - TYPE III PROCEDURE
18.1 08,060.A & B Approval Criteria
A. The following planning actions shall be subject to the Type III Procedure:
1. Zone Changes or Amendments to the Zoning Map or other offICial maps, except for legislative amendments.
2. Comprehensive Plan Map Changes or changes to other official maps, except for legislative amendments.
3. Annexations.
4. Urban Growth Boundary Amendments
B. Standards for Type III Planning Actions.
1. Zone changes, zoning map amendments and comprehensive plan map changes subject to the Type III procedure as described in subsection A of
this section may be approved if in compliance with the comprehensive plan and the application demonstrates that:
a. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan; or
b. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to
adjust to the changed circumstances; or
c. Circumstances relating to the general public welfare exist that require such an action; or
d. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, wfll provide one of
the following:
1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or below 100% of median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or
5. Tille to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501 (3)(c)) affordable housing developer or
comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project
and all needed public facilities shall be extended to the area or areas proposed for transfer. Ownership of the land shall be transferred to
the affordable housing developer or Development Corporation prior to commencement of the project; or
e. Increases in residential zoning density of four units or greater on commercial, employment or industrial zoned lands (i.e. Residential Overlay),
will not negatively impact the City of Ashland's commercial and industrial land supply as required in the Comprehensive Plan, and wfll provide
one of the following:
1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or below 100% of median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or
5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501 (3)(c)) affordable housing developer or
comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project
and all needed public facillties shall be extended to the area or areas proposed for dedication. Ownership of the land and/or air space shall
be transferred to the affordable housing developer or Development Corporation prior to commencement of the project.
The total number of affordable units described in sections D or E shall be determined by rounding down fractional answers to the nearest whole
unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60
years.
Sections D and E do not apply to council initiated actions.
G:\comm-dc\'\planning\Nolices Mail"d'2009\2009.0 liS ] ,doc
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i;P~-2009-01151 391 E14AA 6300 PA-2009-01151 391 E14AA 6500 PA-2009-01151 391E14M 6700
ASHLAND LODGE NO 23 AF/AM BERGS MERRILL CLOVER LANE LLC
PO BOX 81 695A MISTLETOE RD 1120 PROSPECT ST
ASHLAND OR 97520 ASHlAND OR 97520 ASHLAND OR 97520
PA-2009-01151 391 E14AA 6900 PA-2009-01151 391 E14AB 3200 PA-2009-01151391E14AB 3100
MORJJG STEVEN H PACIFIC WESTERN OREGON INC PATEL VIPUL
610 CHESTNUT ST 1175 E MAIN ST 1F 535 CLOVER LN
ASHLAND OR 97520 MEDFORD OR 97504 ASHLAND OR 97520
PA-2009-01151 391E14AA 6800 PA-2009-01151 391 E14AA 7300 PA-2009-01151 391E14M 6400
REDBAND HOLDINGS LLC SVAREN GLEN M TRUSTEE THOMPSON INVESTMENT MGMT CO
585 CLOVER LN 1 540 CLOVER LN 1770 MTN CITY HWY
ASHLAND OR 97520 ASHLAND OR 97520 ELKO NV 89801
PA-2009-01151 391E14AB 3000 PA-2009-01151 391 E14AA 7400 PA-2009-01151
TRUAX CORPORATION WINDSOR INN ODOT - David Pyles
POBOX 3002 2520 ASHLAND 8T Dev Review Planner
CORVALLIS OR 97339 ASHLAND OR 97520 100 Antelope Rd
White City, OR 97503
PA-2009-01151 PA-2009-01151
Jon Warren Urban Development Services LLC 14
Holiday Inn Express 485 W Nevada St 10/21/2009
565 Clover Ln Ashland, OR 97520 565 Clover Ln
Ashland, OR 97520
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JACKSON COUNTY
1Nf"0000TION TECHNOlOGY
Map Maker
Application
Front Countflr Legend
C &lleeled Features
Tax Lot OuUlnes
Tax Lot Numbers
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JACKSON
COUNTY
Oregon
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P A-2009-01151 391 E 14AA 6300
ASHLAND LODGE NO 23 AF/AM
PO BOX81
ASHLAND OR 97520
PA-2009.01151 391 E14AA 6900
MORJIG STEVEN H
610 CHESTNUT ST
ASHLAND OR 97520
PA-2009.01151 391 E14AA 6800
REDBAND HOLDINGS LLC
585 CLOVER LN 1
ASHLAND OR 97520
PA-2009-01151 391E14AB 3000
TRUAX CORPORATION
POBOX 3002
CORVALLIS OR 97339
PA-2009-01151
Jon Warren
Holiday Inn Express
565 Clover Ln
Ashland, OR 97520
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BERGS MERRILL
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PA-2009-01151 391 E14AB 3200
PACIFIC WESTERN OREGON INC
1175 E MAIN ST 1F
MEDFORD OR 97504
PA-2009-01151 391E14AA 7300
SVAREN GLEN M TRUSTEE
540 CLOVER LN
ASHLAND OR 97520
P A-2009-01151 391 E 14AA 7400
WINDSOR INN
2520 ASHLAND ST
ASHLAND OR 97520
PA-2009-01151
Urban Development Services LLC
485 W Nevada St
Ashland, OR 97520
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Sens de chargernent
~ ~AVERY@5160~ 1
r'A-2009-01151 391 E14AA 6700
CLOVER LANE llC
1120 PROSPECT 8T
ASHLAND OR 97520
PA-2009-01151 391 E14AB 3100
PATEL VIPUl
535 CLOVER IN
ASHLAND OR 97520
PA-2009-01151391E14AA 6400
THOMPSON INVESTMENT MGMT CO
1770 MTN CITY HWY
ELKO NV 89801
PA-2009-01151
ODOT - David Pyles
Dev Review Planner
100 Antelope Rd
White City, OR 97503
14 'J) /}
10J2111509 /[J/2-~/~q ~(}(
565 Clover Ln
Consultez la feuille
d'instruction
www.avery.com
1-800-GO-A VERY
i 1 DLCD Notice of
Proposed ADlendDlent
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THIS FORM MUST BE RECEIVED BY DLCD AT LEAST
45 DAYS PRIOR TO THE FIRST EVIDENTIARY HEARING
PER ORS 197.610, OAR CHAPTER 660, DIVISION 18
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For OLeD Use Only
Jurisdiction: City of Ashland Date of First Evidentiary Hearing: 11/10/2009
Local File Number: PA-2009-01151 Date of Final Hearing: Not yet scheduled
Is this a REVISION to a previously submitted proposal? DYes [gJNo Date submitted:
D Comprehensive Plan Text Amendment D Comprehensive Plan Map Amendment
D Land Use Regulation Amendment [gJ Zoning Map Amendment
o New Land Use Regulation 0 Urban Growth Boundary Amendment
o Transportation System Plan Amendment 0 Other:
Briefly Summarize Proposal. Do not use technical terms. Do not write "See Attached"(limit 500 characters):
Proposed zoning map amendment to extend the "Freeway Sign Zone/Freeway Overlay District" from it's
current 700~foot radius to include two additional properties along Clover Lane in order to allow existing
freeway-oriented businesses greater sign visibility.
Has sufficient information been included to advise DLCD of the effect of proposal? DYes, text is included
For Map Changes: Include 8~ttx11" maps of Current and Proposed designation. [gJ Yes, Maps included
Plan map changed from: To:
Zone map changed from: Outside "Freeway Sign Zone" To: Inside "Freeway Sign Zone"
Location of property (do not use Tax Lot): 555 and 565 Clover Lane
Previous density: Commercial Use New density: Commercial Use Acres involved: 1.97
Applicable statewide planning goals:
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
~~DDDDDD~DDDDDDDDDD
Is an exception to a statewide planning goal proposed? DYES [gJ NO Goals:
Affected state or federal agencies, local governments or special districts (It is jurisdiction's responsibility to notify these
agencies. DLeD only records this information):
While the subject properties are located on a City street, the ODOT regional office has been notified of
the proposal due to the proximity to Interstate 5 right-of-way and the freeway interchange.
Local Contact: Derek Severson
Address: 20 East Main Street
Fax Number: 541~552-2050
Phone: 541-552-2040 Extension:
City: Ashland Zip: 97520
E-mail Address:seversod@ashland.or.us
OLeo file No.
SUBMITTAL REQUIREMEN'l'S
This form must be received by DLCD at least 45 days prior to the first evidentiary hearing
per ORS 197.610 and OAR Chapter 660. ~ivision 18
1. This form must be submitted by local jurisdictions only (not by applicant).
2. When submitting, please print this form on light green paper.
3. Text: Submittal of a proposed amendment to the text of a comprehensive plan or land use
regulation must include the text of the amendment and any other information the local
govennnent believes is necessary to advise OLCO of the effect of the proposal. "Text" means the
specific language being added to or deleted from the acknowledged plan or land use regulations.
A general description of the proposal is not adequate. Do not submit this form without
supporting documentation.
4. Maps: Submittal ofa proposed map amendment must also include a map of the affected area
showing existing and proposed plan and zone designations. The map should be legible and on
812 x 11 inch paper. Please provide the specific location of property, such as an address and/or
tax lot number. Include text regarding background and/or the justification for the change, such as
the application accepted by the local govennnent.
5. Exceptions: Submittal of proposed amendments that involve a goal exception must include the
proposed language of the exception.
6. Unless exempt by ORS 197.610(2), proposed amendments must be received at the OLCO's
Salem office at least 45 days before the first evidentiary hearing on the proposal. (The clock
begins on the day DLCD receives your proposal.) The first evidentiary hearing is usually the
first public hearing held by the jurisdiction's planning commission on the proposal.
7. If you have an electronic copy of the proposal, we would like you to submit one electronic copy
[email.CD. or upload to DLCD (for submittal instructions, see # 4)] and ONE PAPER COPY
of the proposed amendment to:
ATTENTION: PLAN AMENDMENT SPECIALIST
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT
635 CAPITOL STREET NE, SUITE 150
SALEM, OREGON 97301~2540
8. Electronic Submittals: One hard copy must be sent by mail or in person, by either email to
Iarry.french(cV,state.or.us. On the same day, please mail [1] hard copy to our office.
9. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please
print forms on 8-V2xll green paper only. You may also call the DLeD Office at (503) 373-0050; or
Fax your request to: (503) 378-5518; or Email your request to larry.french(iV,state.or.us .
I1tto: / /ww\,,1.lcd. state. or. us/LCD/foffilS. shtm1
Updated March 16,2009
Staff Exhibit S-1. Exisf
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Staff Exhibit S..2. Pro (
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CITY OF ASHLAND
PLANNING APPLICATION
A request for a Zone Map Amendment to extend the
Freeway Sign Overlay Zone
PROPOSAL: This planning application proposal is for an amendment to the City's
Zoning Map to extend the Freeway Sign Overlay Zone's 350' radius to include additional
lands along Clover Lane. The purpose of the request is to allow existing freeway oriented
businesses sign visibility.
PROJECT INFORMATION:
APPLICANT:
Holiday Inn Express
Jon Warren, Owner
565 Clover Lane
Ashland, OR 97520
LAND USE PLANNING:
Urban Development Services, LLC
485 W. Nevada Street
Ashland, OR 97520
Tel: 541-482-3334
COMPREHENSIVE PLAN DESIGNATION:
Employment
ZONING DESIGNATION:
E-1
APPLICABLE ORDINANCES:
Conunercial District, Chapter 18.32
Employment District, Chapter 18.40
Sign Regulations, Chapter 18.96
ADJACENT ZONING / USES:
The adjacent properties are either zoned Commercial or Employment and the area
predominantly consists of "freeway oriented businesses" such as motels, restaurants
and gas stations, but also includes some light manufacturing businesses.
I. PROJECT PROPOSAL & BACKGROUND:
Proposal: The proposal is for a Zoning Map Amendment to expand the Freeway Overlay
Zone to include additional properties that have been developed since the overlay map was
adopted in 1982 CORD. 2176). This is best illustrated in Exhibit "D" below.
485 W Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
Background: A pre-application meeting was held on March 11, 2009, at which time
comments were received from various City and State departments. However, due to the
nature of the application being specifically about signage, very little input was forwarded.
In addition, general discussions have occurred with the Planning staff about the nature of
the application as it relates to the Freeway Zone's overlay boundaries which would
include an "extended radius" or a modification of the. overlay to include specific
properties.
II. PURPOSE OF REQUEST:
After exploring a variety of avenues over the last year, it has become apparent that the
subject property has little to no opportunity to remain competitive with other "freeway
types of businesses" not necessarily in Ashland, but other businesses along the
California/ Oregon 1-5 corridor. In essence, most travelers along the 1-5 corridor are not
looking specifically for Ashland as their destination, but instead looking for a convenient
and safe place to spend the night, but due to a variety of factors they can not easily "see"
or "find" the subject property. There are a number of physical constraints creating this
problem, but when combined, it has become a serious problem for not just the subject
business, but also the other "freeway oriented" businesses along Clover Lane. These
constraints are as follows:
1) Clover Lane is very narrow for a commercial street~ especially one close to the
freeway and at the base of the Siskiyou Mountains;
Clover Lane is a very narrow road primarily due to its history when it was once a single
lane road, prior to the installation of 1-5, when it extended from Highway 66 to the
southern end of Washington Street. Because of this history and the concentration of the
incremental development that occurred near the Highway 66 corridor and later the 1-5
corridor, the narrow right-of-way remained, infrastructure was sporadic, buildings were
haphazardly placed and, most impOliantIy, there was a lack of planning (Note: There was
no City or ODOT Planning Departments during this period and all/most decisions were
made by DOT Civil Engineers with little to no public input).
2) Clover Lane has signs at its entrance which state "dead end" giving the
impression there is no further businesses beyond the sign to patronize;
Approximately 140' from the Clover Lane / Highway 66 intersection} a "dead end" sign
exists (a second sign on the same pole also reads "no truck turn around"). Although the
sign is correct and the street does dead-end in a large cul-de-sac approximately 950' from
the street's entrance, this sign's pronounced location and the lack of visibility of the
subject property as well as 'other businesses located near the cul-de-sac, give the
impression to the patron (especially at night) that he's/she's made a wrong turn.
According to the various reports obtained from the hotel's manager, these people either
find the hotel after various turning maneuvers or leave the City entirely to find other
lodging. Unfortunately, it's not just the loss of revenue that is difficult for the business,
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
each complaint received is subject to a hefty corporate fine causing additional financial
burden on a business already struggling.
3) Clover Lane has a sharp curvature in it which limits visibility of the businesses);
Clover Lane has a relatively sharp curvature just beyond the "dead end" sign referred to
above. The curvature, in combination with a few mature trees and the dead end sign,
gives automobilists the impression that there are no businesses at the end of the street.
This is best illustrated in the photo below.
4) Distance between 1-5 off-ramps:
Once you pass Exit 14 southbound, there is not an off-ramp or turn around point until the
Mount Ashland Exit (approximately 8 miles up the mountain) or when traveling
northbound, there is not an off..~ramp or turn around point until Exit 19 (5 miles). In many
cases, these distances are too great for a driver to turn around and still patronize the
businesses. Instead, they continue along 1-5 until the next available service. This fact is
likely more pronounced depending on the weather and time of day, but regardless, once
passed the distance between off-ramps creates an illogical excuse for a driver to turn
around.
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
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Exhibit "B" - Plat Map of Clover Lane - Illustrates historic right-ofwcry (dashed line), road curvature and
change of width ji'om 29' to 53 '. Sub) ect property is on Tax Lot #6700.
III. HISTORY & PURPOSE OF FREEWAY OVERLAY ZONE:
The Freeway Overlay Zone was adopted in 1982 (ORD. 2176) and is identified below in
Exhibit "C". The purpose of the Freeway Sign Overlay zone is intended to provide for
and regulate certain ground signs which identify businesses in commercial districts
located at freeway interchanges (AMe 18.96.1 00). In general, the only provision granted
to properties within the Freeway Overlay Zone that are not granted to properties outside
of it is the oPPoliunity to have a pole sign (freeway sign). Pole signs are necessary along
freeway interchanges as travelers are typically unfamiliar with the area, require more
visible signage due to their high speeds and usually have a single purpose for stopping.
485 W, Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
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Exhibit "C" - Existing Freeway Overlay Zone (lands within circle)
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Exhibit "D" - Proposed Freeway Overlay Zone
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
As illustrated in the above zoning maps, the Freeway Sign Overlay radius is 350' ahd
centered on the Highway 66 I 1-5 Bridge. There doesn't appear to be much history as to
why 350' was chosen in 1982, but it can logically be assumed the dimension was based
on the existing businesses present at that time and that those businesses were primarily
freeway oriented with a large segment of their business coming from 1-5 travelers
needing services for food, lodging, snow chains, gas, mechanical assistance, etc.
Unfortunately, because the zoning designation was de1in&~ated with a radius, it then
indiscriminately included certain residential properties and excluded celiain commercial
properties that were later developed with freeway oriented businesses. In essence, the
proposal essentially updates the 1982 map to reflect the pattern of development that has
occurred since.
IV. NEIGHBORHOOD IMP ACT:
A primary consideration with this application is to provide freeway signage that is
directed towards the 1-5 traveler and not directed towards the residential neighbors to the
east. Unfortunately, because of the limited sign visibility and the circumstances described
above, a number of 1-5 travelers looking for businesses on the southern end of Clover
Lane get lost and or confused and will then go through the adjacent residential
neighborhoods searching for their destination. As one can imagine, this can be frustrating
for both the neighbors and travelers, especially when it occurs at night or in inclement
weather. However, with the installation of a pole sign near the southern end of Clover
Lane (beyond road curvature), it will give the travelers a better sense where their
destination is and will hopefully continue along Clover Lane to find it.
The applicants have also looked aesthetic concerns from the adjacent residential
neighborhood regarding sign clutter or sign pollution and have found there is no visibility
of potential signs from the neighboring properties (at least from the ground floor areas).
This is primarily due to the fact that there are a number of physical factors such as: First,
the proposal is to amend the overlay area to include only those lands south of Clover
Lane which provide an approximate 240' to 600' distance to the nearest residence. In
fact, the most logical location, as evidenced with other pole signs in the area, is to locate
the signs close to the I~5 freeway which adds approximately another 150'. Second, the
difference in grade between the commercial area and the residential area is between 10'
and 30' depending upon the location. Third, each ofthe.residential parcels, including the
residential parcels next to the residential area (see photos below), have buildings that
"screen" the existing pole signs. When these physical elements are combined with the
code's existing height limitation,'the resulting effect is nominal. This is best illustrated in
the photos below. Finally, Section 18.96.100 D.3. of the Ashland Municipal Code limits
the height of a sign to be no higher than elevation point 2028 above mean sea level (see
Exhibit "F") which essentially puts any new pole sign beyond the viewpoint of the
residential neighborhoods to the east.
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
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Exhibit "E" - signs any future freeway signs will not
residential neighbors to the east (photos takenJi'om center of Sutton Place cul-de-sac).
V. ZONING MAP AMENDMENT CRITERIA:
The criteria for a zoning map amendment can be found in the Ashland Municipal Code,
Section 18.108.060 B.l. and are noted below followed by the applicant's findings of fact:
NOTE: For clarity, the following has been formatted in "outline" form with the City's
approval criteria noted in bold font and the applicant's response in regular font. Also,
due to repetiveness in the required findings of fact, there may be a number of responses
that are repeated in order to ensure that the findings offact are complete.
B. Standards for Type III Planning Actions.
1. Zone changes, zoning map amendments and comprehensive plan map changes
subject to the Type III procedure as described in subsection A of this section may be
approved if in compliance with the comprehensive plan and the application
demonstrates that one or more of the following:
a. The change implements a public need, other than the provision of affordable
housing, supported by the Comprehensive Plan; or
The applicant is specifically basing the request on Criteria "b" below, but would like to
make a point that in an indirect way, this change will also address a public need.
The applicant contends that businesses needing the freeway overlay signage are
businesses that generally cater to 1-5 travelers, some tourists and very few locals. In
reality, Iw5 travelers have many options as they can choose ii-om a number of freeway o,ff
ramps to obtain their service needs. However, by stopping in Ashland they pay the local
Transient Occupancy Tax (TOT) or Food & Beverage Tax which help pay for various
programs such as tourism, tourism related development, economic development, open
space and water quality improvements. This is important as very few 1-5 travelers put
much demand on City services and generally are off the freeway for their service needs
and quickly back-on again heading to their point of destination. In this sense, freeway
485 W. Nevada Street I Ashland, OR 97520 1 phone 541.482.33341 fax 541.482.3336
businesses capture much needed revenue for the City that could easily be lost to another
community.
b. A substantial change in circumstances has occurred since the existing zoning or
Plan designation was proposed~ necessitating the need to adjust to the changed
circumstances; or
As noted prior, the initial Freeway Overlay Zone was establfshed in 1982 (ORD. 2176) to
assist in the identification of commercial businesses located near the interchange. At this
time, the "overlay boundary" adopted by the City was in the form of a 350' radius
centered on the 1-5 (Highway 66 Bridge. Unfoliunately, there doesn't appear to be much
history as to why 350' was chosen in 1982, but it can logically be assumed the dimension
was based on the existing businesses present at that time and that those businesses were
primarily freeway oriented businesses with a large portion of their revenue coming from
1-5 travelers needing services for food, lodging, snow chains, gas, mechanical assistance,
etc. Unfortunately, because the zoning designation was delineated with a 350' radius, it
then indiscriminately included certain residential properties and excluded certain
commercial properties that were later developed with freeway oriented businesses. In
essence, the proposal essentially updates the 1982 map to reflect the pattern of
development that has occurred since - an approximate 27 year period. As such, the
applicant contends there has been a substantial change in the circumstances over the past
27 years since the 1982 Freeway Overlay Zone was established by the City and the
proposal is simply an adjustment to the map to reflect the changed circumstances.
A second finding is the fact the southern end of Clover Lane was extended and modified
in the late 1990's that actually created parcels conducive to development. As noted
previously, Clover Lane originally connected to "Washington Street" prior to 1~5, but
once 1-5 was installed and severed the street, the remnant parcels on the northern half
(Clover Lane) were both odd in size (very small or very large) and shape (very acute
angles). However, in 1998, the property was then reconfigured by the property owner via
a Lot Line Adjustment which shifted the Clover Lane right-of-way to lUll parallel with
the freeway which then created parcels conducive to individual ownership and small
commercial and employment businesses. In doing so, it generated a relatively substantial
increase of commercial development along Clover Lane in a short period of time
culminating in five commercial buildings on six parcels in less than six years. As such,
when one considers these changes and the circumstances relating to the northern end of
Clover Lane (the narrow right-of-way, the dead-end sign and the lack of visibility due to
the road's curvature and trees) there appears to be a necessity to adjust the overlay map to
reflect current circumstances.
c. Circumstances relating to the general public welfare exist that require such an
action; or
Although not a principal factor in the justification of the proposed map amendment, there
have been many documented cases where patrons looking for services can not find them
and leave. Although it is unclear how many of the patrons continue to search, find other
accommodations in the vicinity or get frustrated and continue on their 1-5 travels to the
next off ramp with "freeway traveler services", the reality is these individuals are
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
essentially lost and driving around needlessly. (NOTE: The 1-5 and Hwy. 66 interchange
is the only interchange located in the City limits which of course businesses contribute to
the local 9% Transient Occupancy Tax and 5% Meals Tax which help off-set the costs to
various City programs such as tourism, tourism related development, economic
development, open space acquisition, sewage treatment, etc.).
d. Proposed increases in residential zoning density resulting from a change from one
zoning district to another zoning district, will provide 25% of the proposed base
density as affordable housing consistent with the approval standards set forth in
18.106.030(G);or
Not applicable.
e. Increases in residential zoning density of four units or greater on commercial,
employment or industrial zoned lands (i.e. Residential Overlay), will not negatively
impact the City of Ashland's commercial and industrial land supply as required in
the Comprehensive Plan, and will provide 25% of the proposed base density as
affordable housing consistent with the approval standards set forth in 18.106.030(G)
The total number of affordable units described in sections D or E shall be
determined by rounding down fractional answers to the nearest whole unit. A deed
restriction, or similar legal instrument, shall be used to guarantee compliance with
affordable criteria for a period of not less than 60 years. Sections D and E (10 not
apply to council initiated actions.
Not applicable.
VI. COMPREHENSIVE PLAN POLICIES (pertinent policies only addressed)
Chapter VII - Economic Element
GOAL: To ensure that the local economy increases in its health, and diversifies in
the number, type and size of businesses consistent with the local social needs, public
service capabilities, and the .retention of a high quality environment.
VII-l Policy-The City shall zone and designate within the Plan Map sufficient
quantity of lands for commercial and industrial uses to provide for the employment
needs of its residents and a portion of rural residents consistent with the population
projection for the urban area.
The applicant contends the proposed modification adjusts the overlay map based on
population and land use chartges that have occurred since 1982 where the population
increased from roughly 15,000 residents to 19,500 residents and the land uses in this area
went from vacant lands to developed lands that primarily service the 1-5 traveler.
VII-2 Policy-The City shall design the Land Use Ordinance to provide for:
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
a) Land division and development within employment and manufacturing districts,
and continue the employment zoning district which will provide for service, retail
and light industrial uses consistent with specific performance standards relative to
heavy truck traffic, noise, dust, vibration, and non-work related single- passenger
vehicle trips.
Consistent with the above policy, in the late 1990's, the City's Planning Commission
permitted the southern end of Clover Lane to be extended and modified creating parcels
conducive to employment, retail and manufacturing development. In doing so, it
generated a relatively substantial increase of commercial development along Clover Lane
in a short period of time culminating in five commercial buildings on six parcels in less
than six years. As such, the applicant is requesting the Land Use Ordinance and overlay
map to help recognize these developed lands that have since developed and provide for
retail services that specifically cater to 1-5 travelers.
VII-3 Policy-The City shall develop and implement an economic development
program which will attempt to increase the number, variety and size of family wage
retail, service, and light industrial activity employers within the urban area, with
particular emphasis on employers paying wages at or above the median County
wage, and employing from 5 to 100 people, or who are locally owned. The City shall
work with regional economic development agencies on coordinating regional
economic development activities.
Although the above policy is intended to target "new" economic development
opportunities, the applicant and his neighbors contend it is equally important to retain
existing business that have been created since this policy was adopted and since 1982
when the original overlay map was created. In doing so, it recognizes businesses and their
employees that provide necessary public services.
VII-5 The City shall encourage economic development of the local resources and
enhance employment opportunities for existing residents. The City's policy is that
economic development shall always have as its primary purpose the enhancement of
the community's economic health.
As noted previously, the preservation of eXIstmg businesses in the community is
sustainable and very important - especially to those businesses that cater to a "specific
type of patron" that has no purpose to visit the community other than to obtain their
services quickly and conveniently. If this is not possible, this type of patron will continue
towards their destination and find these services along their way. By capturing these
types of patrons, the City captmes much needed Transient Occupancy Tax and Meals Tax
revenues that are specifically allocated to programs supporting the community's
economic health and environmental health.
485 W. Nevada Street I Ashland, OR 97520 ) phone 541.482.3334 I fax 541.482.3336
VII. FREEWAY SIGN ZONE - CODE LANGUAGE:
Although not proposed to be amended, Section 19.96.100 of the Ashland Municipal Code
(see Exhibit "F" below) corresponds with the purpose of the application and will allow
business owners within the area to apply for the provisions therein. In particular, Sections
D.2 and D.3 (underlined for emphasis), identify the general goal of the proposal which is
to allow for a pole sign in compliance with D.2 and D.3 that is visible to 1-5 travelers as
they approach the property from the entrance of Clover Lane.
18.96.100 Freeway Sign Zone
A. Purpose. This special overlay zone is intended to provide for and regulate certain
ground signs which identify businesses in commercial districts located at freeway
interchanges.
B. Establishment and Location of Freeway Sign Zones. Freeway sign zones shall be
depicted on the official zoning map of the City and identified as the Freeway Overlay
District.
C. Freeway Overlay Sign Regulations. All signs in this district shall comply with Section
18.96.090, except for ground signs, which shall comply with the provisions of Section
18.96.100(D), ground sign regulations.
D. Ground Sign Regulations.
1. Number. One freeway sign shall be permitted for each lot in addition to the signs
allowed by 18.96.090 of this Chapter. (Ord. 2290, 1984)
2. Area. Signs shall not exceed an area of one hundred (100) square feet per sign.
3. Height. Signs shall not exceed a height of 2028 feet above mean sea leveL
Exhibit "F" - Illustrates the existing code language that corresponds with the Freeway Overlay Zone
(not proposed to be changed).
VIII. CONCLUSSION:
As discussed through-out this document, the purpose of this application is to provide for
improved visibility to uses that generally cater to 1-5 travelers and for an area that has
some odd circumstances associated with it because of the existing street signage, existing
trees, history of the right-of-way, road curvature and nanowness of the street. It is not the
intent of the applicant to "advertise" the facility, but instead provide recognition to
patrons not familiar with the area.
485 W Nevada Street I Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
AREA PHOTOS & DESCRIPTIONS
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Photo # l: Looking south from Clover Lane, this picture shows the "dead end" sign, two
"no truck turn around" signs, the street's narrow right-of-way and what appears to be a
dead end street. However, whatis difficult to illustrate is how dramatic this image would
look like at night or in inclement weather and to a person(s) not familiar with the area.
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
AREA PHOTOS & DESCRIPTIONS
Photo #2: Looking north from Clover Lane, this picture shows the existing pole signs
within the Freeway Overlay Zone's 350' radius. Based on Section 18.96.100 D.2 and D.3
of the Ashland Municipal Code, these signs are not to exceed a 100 square feet or exceed
the mean sea level of 2028. As such, each is approximately 30' to 45' high based on their
elevation level.
NOTE: Although the zone's radius appears to have been <<randomly" drawn in 1982, the
reality is the sign standards for, area and height work very well as the signs provide
visibility for the businesses, but limit sign pollution and the typical sign aggression often
seen in other communities without sign standards. It is the applicant's contention a new
pole sign will have minimal aesthetic impact to the area, but will provide the businesses
in the area an opportunity to be seen.
485 W Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
AREA PHOTOS & DESCRIPTIONS
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Photo #3: Looking east from 1-5 overpass, this picture shows the subject area be included
in the Freeway Overlay Zone. Again, although this area is relatively visible during the
day from this position, at night, in inclement weather or to the 1-5 travelers not familiar
with the area, the challenge to find businesses along the southern end of Clover Lane can
be daunting.
485 W. Nevada Street I Ashland, OR 97520 I phone 541.482.3334 I fax 541.482.3336
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DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY
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ZONING PERMIT APPLICATION
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Planning Department
51 Winburn Way, Ashland OR 97520
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ASHLAND 541-488-5305 Fax 541-488-6006
Street Address
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AsseSSOf'S Map No. 39 1 E ! I(
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Zoning
Comp Plan Designation
APPLICANT
Name
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Phone
Address
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City
E.Mail
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PROPERTY OWNER
Name 51 rV1 h A:s A~ v,z..
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Phone
E-Mail
Address
City
Zip
Title
SURVEYOR. ENGINEER. ARCHITECT. LANDSCAPE ARCHITECT. OTHER
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Name
Phone
E-Mail
Address
City
Zip
Title
Name
Phone
E-Mail
Address
City
lip
I hereby certify that the statemants and information contained in this application, including the enclosed drawings and the required findings of fact, af9 in all respects,
true and correct, I understand that a/l property pins musl 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 thet if this request is subsequently contested, the burden will be on me to
esteMsh:
1) that I produced sufficient feetual evidence at the hearing to support this request;
2) that the findings of feet fumished justifies the granting of the request:
3) that the findings of feet fumished by me af9 adequate. and further
4) that all structures or improvements are properly located on the ground.
Failure in this regard will f9sult most likely in not only the request being sel aside. but also possibly in my strudures being built in reliance thereon being required to
be remoyeq at '1J!.-6petlse, If!ihaV8 any doubts. I am advised to seek competent professional advice ~nd assistance ,"
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Applltant's Signature Date v
As owner of the property involved in this request, I have read
owne'('/) .. i J!
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proptlrty Owners Signature (required)
understood the complete application and its consequences to me 8S a property
5( P' F ':' r(i '"
fl"otlll~by~~
Date Received
9-7~_eD0
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Zoning Permil Ty~ {fl-
Filing Fee $
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OVER ..
Job Address:
Contractor:
Address:
Owner's Name: CLOVER LANE LLC
Customer #: 05412
CLOVER LANE LLC
Applicant: 1120 PROSPECT ST
Address: ASHLAND OR 97520
Phone:
State Lic No:
City Lic No:
Phone: (541) 261-7221
Applied: 09/02/2009
Issued: 09/02/2009
Expires: 03/01/2010
Sub-Contractor:
Address:
Maplot 391 E14AA6700
Phone:
State Lic No:
City Lic No:
DESCRIPTION: Zoning map amendment, modify freeway overlay
Occupancy Type
Construction
Units
Rate Amt
Actual Amt Constuction Description
Total for Valuation:
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Fee Description
Type II! Planning Action
Amount Fee Description
Amount
2,450,00
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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