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HomeMy WebLinkAboutApplegate_465 (PA-2010-00402) CITY Of ASHLAND May 18,2010 Irving Weiner 2836 W 11th St Eugene OR 97402 Notice of Final Decision On May 18, 2010, the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: PLANNING ACTIONS: 2010-00402 SUBJECT PROPERTY: 465 Applegate Lane APPLICANT: Kerry KenCairn/Austin Weiner DESCRIPTION: A request for a Conditional Use Permit approval to add 800 square feet of outdoor storage space within the parking lot at a previously approved retail and warehouse business for the property located at 465 Applegate Way. The proposed outdoor storage will be to the east of the existing building and will have a screening fence of bamboo and shrubbery. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-l; ASSESSOR'S MAP #: 39 IE 13 BB; TAX LOT: 1000 The Staff Advisor's decision becomes final and is effective on the 13th day after the Notice of Final Decision is mailed. Prior to that date, anyone who was mailed this Notice Of Final Decision may request a reconsideration of the action by the Staff Advisor as set fOlih in the Ashland Land Use Ordinance (ALUO) 18.1 08.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO 18.1 08.070(B)(2)( c). An appeal may not be made directly to the Land Use Board of Appeals. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an oppOliunity to respond to the issue, precludes your right of appeal to LUBA on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit cOUli. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at no cost at the Ashland Community Development Depmiment, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. If you have any questions regarding this decision, please contact the Department of Community Development between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305. cc: Kerry Kencairn 545 A St Ashland OR 97520 Propeliy owners within 200 ft DEPT. OF COMMUNITY DEVELOPMENT 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541488-5305 Fax: 541-552-2050 TTY: 800-735-2900 ~~, ASHLAND PLANNING COMMISSION FINDINGS & ORDERS PLANNING ACTIONS: 2010-00402 SUBJECT PROPERTY: 465 Applegate Lane APPLICANT: Kerry KenCairn/Austin Weiner DESCRIPTION: A request for a Conditional Use Permit approval to add 800 square feet of outdoor storage space within the parking lot at a previously approved retail and warehouse business for the property'located at 465 Applegate Way. The proposed outdoor storage will be to the east of the existing building and will have a screening fence of bamboo and shrubbery. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-l; ASSESSOR'S MAP #: 39 IE 13 BB; TAX LOT: 1000 SUBMITTAL DATE: DEEMED COMPLETE DATE: STAFF APPROVAL DATE: DEADLINE TO REQUEST A HEARING DATE: FINAL DECISION DATE: APPROVAL EXPIRATION DATE: March 29,2010 April 22, 2010 May 17,2010 May 30, 2010 May 31,2010 May 31, 2011 DECISION The parcel is approximately 20,000 square feet in size and is located on the north side of Applegate Way. The site slopes gradually downhill from southwest to northeast, towards Neil Creek. According to the Local Wetland Inventory, there are wetlands located on the adjacent tax lot to the northeast of the site. The subject site was developed with a warehouse / manufacturing facility, parking lot and landscaping in 1997 an addition to the structure was approved in 2002. In January 2009, the applicant received approval to convert a portion of the existing building to a retail business space; the remaining portion will be used as warehouse for the business. Construction has begun to convert the space from w~rehouse to retail. The applicant has proposed to add an 800 square foot area of outdoor storage space. Outdoor storage of merchandise or other materials associated with the primary use on the site is permitted in the E-l zone with a Conditional Use Permit. According to the Site Design and Use Standards the outdoor storage area is required to be screened from adjacent public rights-of-way. There is an existing three and a half foot tall cyclone fence surrounding the property, the applicant has proposed to increase the height of the fence to six feet for security purposes and screen the fencing with a bamboo screening material. The proposed outdoor storage area is to the west of the building, behind a ten foot landscape buffer adjacent to the Applegate Way. The applicant has also proposed to modify the gate across the driveway to the business, a means of fire apparatus access must be maintained through that gate. A condition to this effect has been added. The existing parking lot has eleven parking spaces and there are two on-street parking credits available. The parking lot striping is faded and shall be restriped to delineate the eleven parking spaces including the delineation of the disabled parking space off-loading zone. The disabled parking space off-loading P A #2010-00402 465 Applegate Way/adg Page 1 zone is required to be to the right of the designated parking space not the left as shown on the plans. A condition regarding the re-striping of the parking lot has been added. The applicant has proposed to modify the previously approved location of the covered bicycle parking structure. The proposed location is now adjacent to the front door of the business. There is an existing maple tree directly adjacent to the bicycle parking structure. The applicant shall hand excavate the area for the bicycle parking structures and shall consult with the project Landscape Architect or an arborist if roots greater than two inches are encountered in the excavation for the pad and footings for that structure. The required bicycle u-racks in accordance with 18.92.040 and the covered structure shall be installed on site in accordance with the revised plan. The structure will require a structural building permit and that permit shall be applied for and issued prior to the issuance of the Certificate of Occupancy for the retail side of the structure. Four bicycle parking spaces are required to be covered. The City's Comprehensive and Zoning Maps indicates that the property is zoned Employment, E-l. The surrounding properties are also zoned E-l. The site is adjacent to the City of Ashland airport. As a result, the property is in the Airport Overlay Zone. When the building was constructed it complied with all E-l and Airport Overlay Zoning requirements. Landscaping is already provided and surrounds the front and sides of the parcel. Most of the lot is covered with impervious surface (82.2%). However, the proposal does exceed the minimum landscape requirement of 15% for the E-l zone. There is a gravel area to the north of the proposed recycle / trash enclosure which is proposed to remain as is. Any future changes to this area will require Planning Department staff review and approval. The criteria for a Conditional Use Permit are described in AMC Chapter 18.104.050, as follows: A. That the use would be in coriformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. , B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the followingfactors oflivability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. P A #2010-00402 465 Applegate Way/adg Page 2 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. The application with the attached conditions complies with all applicable City ordinances. Planning Action 2010-00402 is approved with the following conditions. Further, if anyone or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2010- 00402 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That building permit submittal for the bike rack and shelter structure shall include: a) That at the time of building plan submittal, material, design and screening information on the trash and recycling facility shall be submitted to the staff advisor for review and approval. All facilities shall comply with the standards adopted under AMC 9.22.030. b) The inverted u-racks shall be used for the bicycle parking. All bicycle parking shall be installed in accordance with design and rack standards in 18.92.040.1 and J prior to the issuance of the certificate of occupancy. The building permit submittals shall verify that the bicycle parking spacing and coverage requirements are met in accordance with 18.92.040.1. c) That the area to be used for the covered bicycle parking structure shall be excavated by hand to reduce damage to roots of maple tree. If roots greater than two inches in diameter are encountered, the project Landscape Architect shall be consulted on the proper root cutting technique. 3) That prior to the issuance of a certificate of occupancy or operation of business: a) That the screening for the trash and recycling enclosure shall be installed in accordance with the Site Design and Use Standards II-D-6 prior to the issuance of a Certificate of Occupancy. An opportunity to recycle site of equal or greater size than the solid waste receptacle shall be included in the trash enclosure in accordance with 18.72.115.B. b) That the parking spaces on site shall be re-striped and the proposed compact spaces shall be labeled as such. The ADA accessible space shall have an 8-ft. wide by 16-ft. deep off loading zone adjacent to the right side of the ADA space. c) That the screening fence for the outdoor storage area be installed prior to the issuance of a Certificate of Occupancy. 4) That an approved method for fire apparatus access through the gate shall be installed prior to the ope!J!tiotl-Q he business. (/""" . P A #2010-00402 465 Applegate Way/adg Page 3 Easy PeelGD Labels Use Averfi> Template 5160GD BD-2010-00402 391E13BB1100 JORGENSEN ROY PO BOX 368 ASHLAND OR 97520 BD-2010-00402 391 E13BB1200 CONNOLLY ALLEN/CHRISTINE 142 MAIN ST ASHLAND OR 97520 BD-2010-00402 391 E13BB 1300 STOCKWELL CLAUDIA 2895 HWY 66 ASHLAND OR 97520 BD-2010-00402 391 E13BB 1 000 METROPOLIS PROPERTIES LLC 2836 11TH AVE EUGENE OR 97402 BD-2010-00402 391E13BB800 APPLEGATE INDUSTRIAL ARTS L PO BOX776 ASHLAND OR 97520 465 Applegate 05/18/2010 NOD 14 ~tlquettes faclles it peler Utilisez Ie aabarit AVFRyGD 5160GD i I 1 i Bend along line to I expose Pop-Up Edge™ J A Feed Paper 80-2010-00402 391E13BB400 GEORGE RALPH D 108 N SECOND ST ASHLAND OR 97520 80-2010-00402 391 E 13BB600 COMSTOCK MYLES R 2915 HWY 66 ASHLAND OR 97520 ~El:~E12J01 80-2010-00402 391 E13BB900 MOFFITT GREGORY A ET AL PO 80X 485 TALENT OR 97540 80-2010-00402 Kerry Kencairn 545 A St Ashland OR 97520 A Sans de _L_.._____.&. I Repllez Ii la hachure aftn de I rAVAlllr III Mhord Pon-lJn™ ! ~ AVERV@ 5100e 1 80-2010-00402 391E13BB400 GEORGE RALPH D TRUSTEE ET A 4124 SUNLAND AVE CENTRAL POINT OR 97502 80-2010-00402 391E12301 OE 80ER ALAN P 0 80X 249 ASHLAND OR 97520 B9$10-0040~'~BB100 CO OG~'fV1YLES R 2915fi,. Q A~rAND OR~.20 / 80-2010-00402 391E12320 SECURE STORAGE OF ASHLAND L 65895 HIGHWAY 20 8END OR 97701 80-2010-00402 Carlos Delgado 545 A St Ashland OR 97520 www.avery.com 1-Ann..r.O.AVFRY Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 CITY OF NOTICE OF APPLICATION PLANNING ACTION: 2010-00402 SUBJECT PROPERTY: 465 Applegate Lane OWNER/APPLICANT: Austin Weiner/Kerry KenCairn DESCRIPTION: A request for a Conditional Use Permit approval to add 800 square feet of outdoor storage space within the parking lot at a previously approved retail and warehouse business for the property located at 465 Applegate Way. The proposed outdoor storage will be to the east of the existing building and will have a screening fence of bamboo and shrubbery. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP#: 391E 13 SS; TAX LOT: 1000 NOTICE OF COMPLETE APPLICATION: April 22, 2010 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: May 6, 2010 I'~~~ti:~~i~l / PA2010-00402 ~:;:~~.1~~~~~~_:_~?_~____~ The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p,m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. G:\comm-dev\planninglNotices Mailed\20 1 0\20 1 0-00402.doc CONDITIONAL USE PERMITS 18.104,050 Approval Criteria A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, arid coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7, Other factors found to be relevant by the Hearing Authority for review of the proposed use. G:lcomm-devlplanninglNotices Mailed\20 1 0\20 1 0-00402.doc Easy PeelQl) Labels Use Avery@ Template 5160GD BD-2010-00402 391E13BB1100 JORGENSEN ROY PO BOX 368 ASHLAND OR 97520 BD-2010-00402 391E13881200 CONNOllY ALLEN/CHRISTINE 142 MAIN 8T ASHLAND OR 97520 BD-20 10-00402 391 E 138B 1300 STOCKWELL CLAUDIA 2895 HWY 66 ASHLAND OR 97520 BD-2010-00402 391 E138B1000 METROPOLIS PROPERTIES LLC 2836 11TH AVE EUGENE OR 97402 BD-2010-00402 391E138B800 APPLEGATE INDUSTRIAL ARTS L PO BOX 776 ASHLAND OR 97520 465 Applegate 04/21/2010 . 14 ~tlquettes faclles It peler LJtilir;A::l fA l'J~h~rit AVI=RyGD 1ii1f;nGD I I I i 1 I I Bend along line to I expose Pop-Up Edge™ Ai A Feed Paper BD-2010-00402 391 E1388400 GEORGE RALPH D 108 N SECOND ST ASHLAND OR 97520 80-2010-00402 391E13B8600 COMSTOCK MYLES R 2915 HWY 66 ASHLAND OR 97520 SO 2010 00402 391E12301 l\SHLI\ND CITY OF CITY HALL J'.SHLAND OR 97520 80-2010-00402 391 E13BB900 MOFFITT GREGORY A ET AL PO BOX 485 TALENT OR 97540 80-2010-00402 391E13BB100 ASHLAND CITY OF CITY HALL ASHLAND OR 97520 J.OJ\AAA ~ ~ +'5*0' A-" :)-+ ~~ {r( ct1~Zl> .A Sens de _I- _ ... ____ __& I Repllez ilIa hachure &fIn de I 'AVAI... I.. ...hnm Pnn-llnTM ! I ~ AVERY@ !51fiOGD 1 BD-2010-00402 391 E13B8400 GEORGE RALPH D TRUSTEE ET A 4124 SUNLAND AVE CENTRAL POINT OR 97502 8D-2010-00402 391 E1388500 COMSTOCK MILES 2915 HWY 66 ASHLAND OR 97520 8D-2010-00402 391E12301 DE 80ER ALAN POBOX 249 ASHLAND OR 97520 80-2010-00402 391 E13BB700 COMSTOCK MYLES R 2915 HWY 66 ASHLAND OR 97520 80-2010-00402 391E12320 SECURE STORAGE OF ASHLAND L 65895 HIGHWAY 20 BEND OR 97701 C~l, ';, ~f J clet) e;Jlf t? A " 5.f ( {~t<A^j l:) R. '7 751.- iJ www"avery.com 1..smn..r.n..6 Vi:RY r ~ ., PlonningDop"tmont 51 Winburn Way, Ashland OR 97520 CITY OF ASH LAN D 541-488-5305 Fax 541-488-6006 ZONING PERMIT APPLICATION FILE DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY StreetAddress_~lo<;- l1.r-ek~)cd:~ vJo,~ Assessor's Map No. 391 E \ 1;)~______ Tax Lot(s) Zoning i~ - ~.:[ ') f-~ to ~Yn.N,d" O'<?tf2Jct"Comp Plan Designation APPLICANT Name -1(' V ~\~:J \ !J\L:' v\<~)('- Address '.7j8""1:~? l,~). l t{~~ Af~. \. o I (IV \. Phone I I ~ ~,~4"<C7 E-Mail \..\,*1'1.'\;,' i . (i) "",., ------_ _:....!:....1,..~___ City E\,..o1C'" e~ .j Zip ci -ll{' D 2_ PROPERTY OWNER Name Phone S l.\ \ - Lt \., \ E-Mail Address Z~'~,,(p V~) ~+'" t\,-.H~::,--___ __ City E\)(':JQ.,.~ Zip_O, '\ l-tOL. SURVEYOR. ENGINEER. ARCHITECT. LANDSCAPE ARCHITECT. OTHER Title _______Name M <" r '"'I k-ey) Lc'll~ V, _ Phon~; 4'l- l{iDfr.~)tfk-Mail ________ Address f~~ A 6~. City (\/".; ~1 ~___ Zip Title Name Phone e-~~'( - <(to,?) . "Slc'\t/E-Mail -- -- ------- City ~t; h ~ CA.v\.A __ Zip _9 I. ~_ Address _~=2'{. S' A St.. I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be ~ ved at my fpense. If I have any doubts, I am advised to seek competent professional advice and assistrnce.. Applicant's Signat re D~j ') ~'\ 1-11> As owner of the property involve ow . ( in this request, I have read and understood the complete application and its consequences to me as a property 3 )'2Q\ (\J() Date ITo be completed by City Staff] Date Received Zoning Permit Type _____ Filing Fee $______ Planning Action Type __ OVER ~~ C:\DOCUME-l ~lal1ksa\LOCALS-l\Temp\Zoning Permit Application Form.doc PROJECT DESCRIPTION AND FINDINGS OF FACT FOR THE PROPOSED MANUFACTURING CONVERSION TO MIXED USE RETAIL AND OUTDOOR STORAGE AT 465 APPLEGATE WAY FOR A SITE REVIEW & CONDITIONAL USE PERMIT SUBMITTED TO CITY OF ASHLAND PLANNING COMMISSION ASHLAND, OREGON SUBMITTED BY THE PROJECT TEAM . AUSTIN WEINER FOR AQUA SERENE CARLOS DELGADO ARCHITECT LLC KENCAIRN LANDSCAPE ARCHITECTS, LLC April 2, 20 I 0 SITE REVIEW PERMIT & CONDITIONAL USE PERMIT: The procedure for approval of a Site Review Permit is found in the Ashland Municipal Code, Chapter 18.72.070, Criteria for Approval. The procedure for approval of a Conditional Use Permit is found in the Ashland Municipal Code, Chapter 18.104.050, Criteria for Approval. The following is a narrative of the project and its physical setting followed by a response to each of the applicable criteria and design standards. The criteria are noted in italics followed by the applicant's response in regular font style. PROPOSAL: The owners of a retail and warehouse business with a focus on landscape and soil amendment supplies are applying for a Site Review and Conditional Use Permit to operate a mixed use business consisting of office, retail, warehouse, and outside open storage in Ashland. Historv of Avvlication: Under Planning Application 2009-01443, a Site Review approval has been issued with conditions that allow the mixed use of retail, warehouse and offices. Primarily, this application focuses on a Conditional Use Application to operate the business with open storage (an approved conditional use in the property's E-l zoning designation). This application further demonstrates compliance with the Findings and Orders conditions of approval and the applicable City ordinances. The applicant has consulted and obtained professional assistance from Carlos Delgado Architect LLC and KenCairn Landscape Architect LLC. Proposed Buildinf! and Site modifications: The existing building and site are to be renovated to the following proposed changes: Occupancy and Use: Existing: 5880 SF Warehouse 524 SF Office Proposed: 3110 SF Warehouse 2770 SF Retail 524 SF Office 800 SF Outdoor Storage Site Attributes: The design of the existing building and parking area has been restricted to accommodate level changes due a delineated wetland buffer on the northern property line.. The proposed building and site modifications do not alter natural features or site attirbutes as they currently exist. Architecture: The proposed building and site modifications do not alter the exterior design of the existing industrial warehouse: o Metal building siding to remain as is. o Door graphics and signage to comply with sign ordinance. Two sides of the building will have main entries leading to different uses. These entries are signaled by signage appropriate for the E-l zone. The parking lot entries will lead to commercial retail and warehouse spaces. The entrance at the street frontage along Applegate Way will be for the warehouse and retail offices. 3 18.60.020 A-I Overlay Zone A. Permitted uses shall not include residential uses unless approved under the procedure outlined for conditional uses. Not applicable - no residential uses are proposed B. Maximum height of structures, trees or other airspace obstructions shall be twenty (20) feet. There is no proposed additional height to the existing 17 foot structure. C. All planning actions will require, as a condition or approval, that the applicant sign an agreement with the City agreeing that airport noise is likely to increase in the future and that they waive all rights to complain about airport noise. The applicant has agreed to sign required agreement upon approval'. 18.68.010 Fences Fences, walls, hedges and screen planting shall be subject to the following standards: A. In any required front yard, provided they do not exceed three and one-half (3 ~) feet in height. B. In any rear or side yard, provided they do not exceed six and one-half (6 ~) feet in height. C. The height of fences or walls in rear or sideyard setback areas abutting a public street shall be forty-eight (48) inches or less if said fences or walls are within ten (10) feet of any public street except an alley. D. The framework for newly constructed fences and walls shall face toward the builder's property, except where fences are jointly constructed. E. Fences shall lean at an angle from the vertical plane no greater than five (5%) percent. In cases where this limitation is exceeded and a written complaint is received by the Planning Department, the property owner shall be notified, in writing, of the problem. The Planning Department shall take action only on the basis of a written complaint, or on its own action The proposed 6 foot fence for this project surrounds the vulnerable portion of the property and is absent along the building frontage on the street. The proposed fence sits behind the ten foot landscape buffer that is adjacent to the city Right of W ay. 'ffl~plicant~i~i3r.eflGSf~i\l.ing ~~.._~~~.- f"ffiee~trej5IaCedjust in from t o/~the. p:o. poseth~hat~;~~~~~., heautifi~ation ang,site _ob&ettring1'i1eaSure. .1'\1. ~PvlCt~Jt ~ ~.t 'r u ,7 ~~~ f\ . ~7A1v{ 19 l/ 18.96.090 Commercial, Industrial and Employment Districts Signs in commercial, industrial and employment districts, excepting the Downtown- Commercial Overlay District and the Freeway Overlay District, shall conform to the following regulations: 5 3. Awning or Marquee Signs. 4. Portable Business Signs 5. Three-Dimensional Signs. Not applicable 18.72.070 SITE REVIEW CRITERIA A. All applicable City ordinances have been met or will be met by the proposed development. It has been the applicants' best intention to meet all City Ordinances without requesting any Variances or Exceptions. During the initial pre-application period it was the goal of the applicants to demonstrate basic compliance with converting roughly half of warehouse space into retail space. To the applicant's knowledge, all other applicable City ordinances have been met and will be met. At the time of the building permit submittal, the plans will be substantially consistent with the application submittals and will meet all conditions of approval imposed by the approving authority. B. All requirements of the Site Review Chapter have been met or will be met. All of the requirements listed in the Site Review Chapter, Section 18.72, have been met without Variances or Exceptions. The Site Review Chapter was designed to ensure that high quality development is maintained throughout the City of Ashland's commercial and employment zones. The proposed changes of use and outdoor storage location and fencing has been designed to be consistent with the intent of the Chapter. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. The development complies with the City of Ashland's Site Design Standards, adopted August 4th, 1992. A thorough response as to the project's compliance with the Site Design Standards, Section II-C, Basic Site Review Standards; Section II-D, Parking Lot Landscaping and Screening Standards; and Section II-E, Street Tree Standards, has been provided below. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. A pre-application meeting for the proposed project was held on October 14th, 2009. All City Departments participated in the pre-application meetings. The project received favorably 7 II-C-1b) Streetscape 1) One street tree chosen from the street tree list shall be placed for each 30 feet of frontage for that portion of the development fronting the street. The property has approximately 150' of street frontage that requires 5 street trees. One of the trees is dead and needs to be replaced; the applicant is proposing to replace this tree with another red maple, 1.75" Caliper. II-C-1c) Landscaping 1) Landscaping shall be designed so that 50% coverage occurs after one year and 90% coverage occurs after 5 years. The existing landscaping is sparse though healthy. There is mulch covering all areas that are not covered by vegetation. The applicant proposes that in general the existing landscaping is sufficient at this time. A&-pftr~:t:..th~lkatio~i*i€ftftt-woald lilre-r~stafra"'livirrg- f~fte-stfat~~~~~~th~~~-ht living .f~l1(;e hwnT'De~anuxoflwt')~~dtfferent-eerl:~f~ttteritl~H4~~@:V:8Fgl'een~ia~hawth(,)fi}'l_~::r:h~~ ~Jd.ca1+tJ'edsi:lr:l:S1iV1iigfen~~iH-serveThe" pmpose ~oiJscurirrgthe\"iew"ifite:rth~t@fag@c~ya+d--~.~~ .-md~tifyiTIglhe site7Withuut-t~i1HT1J1uctdnElnevIewuuot1ie1Jr~~ 2) Landscaping design shall use a variety of low water deciduous and evergreen trees and shrubs and flowering plant species. The existing landscaping is already contains a mixture of shrubs and trees that have survived the conditions of the site while providing flower and year round interest. 3) Buildings adjacent to streets shall be buffered by landscaped areas at least 10 feet in width, except in the Ashland Historic District. Outdoor storage areas shall be screened from view from adjacent public rights-of-way, except in M-1 zones. Loading facilities shall be screened and buffered when adjacent to residentially zoned land. This criterion has been met by the existing ten foot landscape buffer, and with a living fence as the strategy for obscuring the view into the storage area of the site. The living fence will be a mix of two different colors of Wisteria and an evergreen Indian hawthorn. The applicant feels this living fence will serve the purpose of obscuring the view into the storage yard and beautifying the site, without totally blocking the view into the premises. 4) Irrigation systems shall be installed to assure landscaping success. There is an existing, functional automatic irrigation system on the site. 5) Efforts shall be made to save as many existing healthy trees and shrubs on the site as possible. 9 II-C-1g) Expansions of Existing Sites and Buildings 1) For sites which do not conform to these requirements, an equal percentage of the site must be made to comply with these standards as the percentage of building expansion, e.g., if building area is to expand by 25%, then 25% of the site must be brought up to the standards required by this document. The criteria is not applicable as the existing site and the existing building are not expanding. PARKING LOT LANDSCAPING AND SCREENING STANDARDS Approval Standard: All parking lots, which for purposes of this section include areas of vehicle maneuvering, parking, and loading shall be landscaped and screened as follows: II-D-1) Screening at Required Yards 1) Parking abutting a required landscaped front or exterior yard shall incorporate a sight obscuring hedge screen into the required landscaped yard. As part of the master plan for the existing development, the existing building's footprint, parking, landscaping and pedestrian walkways were designed to be in compliance with the City's Site Design Standards. The proposed outdoor storage does not affect parking lot screening. No improved parking lot screening is proposed nor required for this proposal. 2) The screen shall grow to be at least 36 inches higher than the finished grade of the parking area, except for required vision clearance areas. As part of the master plan for this development, the existing building's footprint, parking, landscaping and pedestrian walkways were designed to be in compliance with the City's Site Design Standards. No further parking lot screening is required for this development. 1) The screen height may be achieved by a combination of earth mounding and plant materials. As part of the master plan for this development, the existing building's footprint, parking, landscaping and pedestrian walkways were designed to be in compliance with the City's Site Design Standards. No further parking lot screening is required for this development. 2) Elevated parking lots shall screen both the parking and the retaining wall. As part of the master plan for this development, the existing building's footprint, parking, landscaping and pedestrian walkways were designed to be in compliance with the City's Site Design Standards. No further parking lot screening is required for this development. II-D-2) Screening Abutting Property Lines 11 The above criteria has been met. II-D-4) Residential Screening 1) Parking areas adjacent to a residential dwelling shall be set back at least 8 feet from the building, and shall provide a continuous hedge screen. Not applicable: No parking lot screening is .required for this development as it is not adjacent to a residential zone. Refuse Container Screen: Refuse containers or disposal areas shall be screened from view by placement of a solid wood fence or masonry walljrom five to eight feet in height. All refuse materials shall be contained within the refuse area. All refuse screening will occur with this development. Service Corridor Screen: When adjacent to residential uses, commercial and industrial service areas shall reduce the adverse effects of noise, odor and visual clutter upon adjacent residential uses. Not applicable: this property is not adjacent to a residential zone. Lif!ht and Glare Screen: Artificial lighting shall be so arranged and constructed as to not produce direct glare on adjacent residential properties or streets. Not applicable: this property is not adjacent to a residential zone. 13 capacity. The existing developments in the neighborhood and the existing street improvements are currently under-utilized from the intended capacity for future development. 3. Architectural compatibility with the impact area. The exterior design of the proposed outdoor storage is architecturally compatible with the impact area. The design of the fencing and landscaping proposed is exemplary compared to other fencing in the area and contributes to enhancing the impact area. The applicant is proposing to create a living fence as a screening technique to obscure the storage area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. The proposed conditional use will not decrease the area's air quality, generate additional dust, generate odors or generate environmental pollutants. 5. Generation of noise, light, and glare. The proposed conditional use will not generate noise, light or glare beyond what is generated by the typical building in the area. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. The proposed conditional use will not impact adjacent properties as envisioned by the Comprehensive Plan or Employment Zoning Ordinance. It is the applicant's intention to provide the proper screening of the outdoor storage area as well as display within the property its merchandise that will have no adverse effects on the development of the adjacent properties. It is a complimentary business to other developed properties in the area. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. It is the applicant's contention the proposed retail product and use is appropriate for outside storage. Although the outdoor storage is fenced and screened properly, it provides an indicator in the neighborhood that activity prevails in an otherwise quiet and seemingly uninhabited property with a metal building of little windows and display of activity (typical in industrial zones). Industrial use within other out of downtown E-l zones are essentially abandoned on the weekends while the customer base for this proposed use will activate this zone during the weekends as well as weekdays. The applicant and the design team considers the nature of this retail operation and its addition to the City as a positive retail/industrial destination. 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