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HomeMy WebLinkAboutA_661-687 (PA-2010-00716) CITY LAN D August 11, 2010 Jerry Kenetick 667 A Street Ashland, OR 97520 William Reeves 681 A Street Ashland, OR 97520 Notice of Final Decision On July 21, 2010,the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: A request for a Modification of two previous Site Review approvals(PA#2006-887 and PA#2004-160)to modify the parking requirements that were proposed as part of the previous Site Review approvals. COMPREHENSIVE PLAN DESIGNATION: Employment;ZONING: E-1; ASSESSOR'S MAP#: 39 1 09AB; TAX LOT: 6507 & 6508 The Staff Advisor's decision becomes final and is effective on the 13°i 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 forth in the Ashland Land Use Ordinance(ALUO) 18.108.070(B)(2)(b)and/or file an appeal to the Ashland Planning Commission as provided in the ALUO 18.108.070(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 opportunity 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 court. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at no cost at the Ashland Community Development Department, 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: Parties of record and property owners within 200 ft DEPT.OF COMMUNITY DEVELOPMENT Tel:541-488-5305 20 E.Main Street Fax:541-552-2050 Ashland,Oregon 97520 TTY: 800-735-2900 1W 11 www,ashland,orms rinlia ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: 2010-00716 SUBJECT PROPERTY: 661 —687 A Street APPLICANTS: Jerry Kenefick & William Reeves DESCRIPTION: A request for a Modification of two previous Site Review approvals(PA#2006-887 and PA#2004-160)to modify the parking requirements that were proposed as part of the previous Site Review approvals. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP #: 39 lE 09AB; TAX LOT: 6507 & 6508 SUBMITTAL DATE: June 8, 2010 DEEMED COMPLETE DATE: July 2, 2010 STAFF APPROVAL DATE: July 21, 2010 FINAL DECISION DATE: August 10, 2010 APPROVAL EXPIRATION DATE: August 10, 2011 DECISION The subject properties are on the north side of A Street bound by A Street, Sixth Street and an alley that is adjacent to the Railroad property to the north. The applicants have requested a modification to the previous site review approvals that allowed for the development of the mixed-use, residential /office buildings located on the two parcels to change how the parking for the properties was calculated. The development located at 681-687 A Street was approved in 2004 (PA2004-00160). The applicant constructed a 6,618 square foot; two story mixed-use building the following year. The ground floor consists of 2,527 square feet of general office spaces, a residential entry area and a two-vehicle garage. The second'floor is comprised of a single residential unit. Six off-street surface parking spaces are provided and two additional parking spaces are located in a garage. The development located at 661 —667 A Street for a 5, 904 square foot two-story building was approved in 2006 (PA2006-00877). The ground floor was constructed of general office space, a residential entry area and a two-vehicle garage. The ground floor has 2,245 square feet of general office space—4.9 spaces are required with two parking spaces required for the second floor is a single residential unit. Seven parking spaces are provided, five surface spaces and two garage spaces. Both parcels have an ADA accessible parking space. Neither parcel applied for a mixed-use parking credit when constructed. Additionally, the applicants do not have private parking signs and both parcels have the ability to provide joint use of the parking facilities as future uses may offset each other. Currently the applicants have general office uses allowed and are requesting approval to allow the uses to include General Retail, Personal Services, Medical and Dental. These proposed uses require one parking space for each 350 square feet of floor area in comparison to the one space for each 450 square feet of floor area for General Office uses. If the entire ground floor of both buildings were converted to general retail, personal services or medical/dental a total increase of four total parking spaces would be necessary. Both properties have existing offices uses in place. PA#2010-00716 661-687 A Street/adg Page I When A Street was developed, the curb-to-curb width of A Street along both property's frontage would precluded the use of on-street parking credits under AMC 18.92.025.E, because A Street is not improved to the minimum width required for an arterial or a collector. The minimum width for the right-of-way for a Commercial Collector is 63 feet; A Street has a right of way width of 40 feet. The minimum improved width for a Commercial Collector is 62 feet. A Street the vicinity of the subject properties is approximately 52 feet. The sidewalks adjacent to the subject properties are provided on the property within a public pedestrian easement. Functionally, there is an availability of parking on this portion of A Street as across the street are residential uses and the property to the east is developed as Railroad Park. Additionally, this section of A Street appears to receive less vehicle traffic than the parcels west of Fifth Street. Staff finds that the proposal will not have negative impacts on the adjacent uses as there is an available on-street parking. Adequate transportation facilities are provided to and through the properties. Additionally, the properties also have the ability to share the surface parking available on both sites. The criteria for Site Review Approval are described in AMC Chapter 18.72.070, as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council,for implementation of this Chapter. D. That adequate capacity of City.facilities.for water, sewer,paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. The application with the attached conditions complies with all applicable City ordinances. Planning Action 2010-00716 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2010- 00716 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) Restaurant uses are not approved as part of this approval and the conversion of any portion of the building to a restaurant use shall be approved by the Ashland Planning Division to verify that the total parking requirement for the building is complied with. 3) That the installation of No Parking signs or other signs specifying the parking areas are reserved for the tenants of a specific unit or business in either building is not permitted. ---� 7,,- L t � 1 ® ill Moln , Director Date D ent of Community Development PA 42010-00716 661-687 A Street/adg Page 2 391E09AB 6506 391E09AB 2300 391E09AB 6507 645 A STREET LLC TRUSTEES OF 750 A STREET LLC A STREET LLC PO BOX 1018 PO BOX 306 667 A ST ASHLAND,OR 97520 ASHLAND,OR 97520 ASHLAND,OR 97520 391E09nP 6509 391E09AB 6505 391E09AB 2400 n S14 nND CITY OFC TRANSP Cn AUSTIN J ELLEN AUSTIN J ELLEN G n SH n4D CITY u n r 1 PO BOX 851 294 SIXTH ST n cuT n-ND OR 97520 ASHLAND,OR 97520 ASHLAND,OR 97520 391E09AB 4900 391E09AB 4600 391E09AB 4200 BANYAN DEPOT LLC CLAYTON GARETT S/LISA R DOWNES ELLEN K 1390 ROMEO DR 301 DAVIDSON WAY 266 FIFTH ST ASHLAND,OR 97520 TALENT, OR 97540 ASHLAND,OR 97520 391E09AB 4500 391E09AB 4400 391E09AB 4800 KOEHLER THOMAS R TRUSTEE ET AL LARSON WENDY DAWN/MATTHEW LEWIS CHERYL L/JAMES D 286 1/2 PATTERSON ST I TAPPAN CT 640 A ST ASHLAND,OR 97520 ORINDA,CA 94563 ASHLAND,OR 97520 391E09AB 2101 391E09AB 6508 391E09AB 2100 OBERLIN ABE TRUSTEE ET AL REEVES WILLIAM F/R J OSTROM RHONE ABRAHAM TRUSTEE ET AL 9870 MT ASHLAND RD 681 A ST 52566 KNOLL RD ASHLAND,OR 97520 ASHLAND,OR 97520 BANDON,OR 97411 391E09AB 2500 391E09AB 4700 391E09AB 6700 STOKES CHRISTINE TREIGER WILLIAM DR TRUSTEE UNION PACIFIC RR CO 215 NUTLEY ST 4094 VIA CANGREJO 1400 DOUGLAS-STOP 1640 ASHLAND,OR 97520 SAN DIEGO, CA 92130 OMAHA,NE 68179 391E09AB 2401 391E09AB 6504 WILCOX BETH E WILSON ELLIS V/MILDRED M PO BOX 558 1475 WINDSOR ST SHADY COVE,OR 97539 ASHLAND,OR 97520 Planning Department,51 `IN Iourn Way,Ashland,Oregon 97520 CITY 541-488-5305 Fax:541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: 2010-00716 SUBJECT PROPERTY: 661 —687 A Street APPLICANTS: Jerry Kenefick &William Reeves DESCRIPTION: A request for a Modification of two previous Site Review approvals (PA#2006-887 and PA#2004-160)to modify the parking requirements that were proposed as part of the previous Site Review approvals. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP #: 39 1E 09AB; TAX LOT: 6507 & 6508 NOTICE OF COMPLETE APPLICATION: July 2, 2010 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: July 16, 2010 s i t SUBJECT PROPERTIES o- 7 Y, 661-W A STREE! �KENEFICK I REEVES r tr RA/t 040 P $7 Zv f _ a F^ r�opr.y en<:Re�..ek.eue oaty,not,«teaem 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:l comm-devlptanning\Templates\NOTICE OF COMPLETNESS-NEW.doc 18.92.060 C. Mixed Uses. In the event that several users occupy a single structure or parcel of land, the total requirements for off-street automobile parking shall be the sum of the requirements for the several uses computed separately unless it can be shown that the peak parking demands are offset. In such case the Staff Advisor may reduce the total requirements accordingly, but not by more than 35%. D. Joint Use of Facilities. Required parking facilities of 2 or more uses, structures, or parcels of land may be satisfied by the same parking facilities used jointly, to the extent that it can be shown by the owners or operators that the need for the facilities does not materially overlap (e.g., uses primarily of a daytime v. nighttime nature) and provided that such right of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing such joint use. SITE DESIGN AND USE STANDARDS 18.72,070 Criteria for Approval The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. (ORD 2655, 1991; ORD 2836, 1999) GAcomm-devlplanning\Notices Mailed\2010\2010-00716.doc AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1 . I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On July 2, 2010 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2010-00716, 661-687 A Street. 6, Sign-71'+are of Employee Comm-Dev\Planning\Templates Request for Modification of Site Plan Review as it Pertains to Parking RE: Findings of Fact Parcel 1: 681—687 A Street; Assessor's Map#39 1E 09 AB; Tax Lot#6508 Parcel 2: 661—667 A Street; Assessor's Map#39 1E 09 AB; Tax Lot#6507 Request A Type I review is requested to modify the parking requirements contained in the Site Plan Reviews for the above-referenced Parcels. This review is requested pursuant to AMC 18.108.040. Specifically, a mixed-use parking credit is sought for each parcel. AMC 18.92.060 (C) allows the Staff Advisor to reduce the total parking requirements for a building by up to 35% when several users occupy a single structure or parcel of land. A 15% mixed-use parking credit is requested for Parcel 1,and a 20%mixed-use parking credit is requested for Parcel 2. Granting this request would allow each parcel to meet the parking requirements for"general retail,person services,medical,and dental"uses. Findings of Fact This request is supported by the following facts: Description of Parcels. Both of the above-referenced adjacent parcels(hereinafter"Parcels") are similar in design and uses. Both Parcels are on the north side of A Street between Fifth and Sixth Streets in Ashland's Historic RR district. Both Parcels are fully developed with mixed residential/commercial developments. Both Parcels are designated in the Comprehensive Plan as "employment;"and are in the E-1 Zone (Residential Overlay). Parcel I is a two-story mixed-use building with one residential unit on the top floor, and 2527 s.f.of commercial space on the ground floor. The commercial space is split into suites. The present tenants are Bank of America Home Loans, and Studio Danielle. One space is currently unoccupied. Parcel is a two-story mixed-use building with one residential unit on the top floor, and 2245 s.f of commercial space on the ground floor. The commercial space is split into three suites. The present tenants are Walsh Huntly&Associates,and American Family Insurance. One space is currently unoccupied. Parking Requirements. AMC 18.92.020 sets forth the parking requirements for buildings. Those requirements pertaining to each of these Parcels require two parking spaces for residential use. The "commercial" parking requirements are more complex: General Office use requires one parking space for each 450 square feet of floor area; General Retail, Person Services, Medical and Dental uses require one parking space for each 350 square feet of floor area; and Furniture and Appliance uses require one parking space for each 750 square feet of floor area. Application for Modification of Site Plan Review as it Pertains to Parking Findings of Fact Page 2 Current Parking. Parcel 1 has eight off-street parking spaces including one handicap space. The site plan for Parcel l is attached as Exhibit A. Parcel 2 has seven off-street parking spaces including one handicap space. The site plan for Parcel 2 is attached as Exhibit B. Each Parcel currently provides sufficient off-street parking to allow for general office uses (450 s.f. per parking space); however,neither Parcel currently provides sufficient parking for the entire premises to be used for general retail,person services, or medical/dental uses. Mixed Use Parking Credit. Neither Parcel sought a mixed use parking credit in the initial application/site review process. However, both Parcels are developed with mixed residential/ commercial uses and qualify for a reduction in the total parking requirements. Under AMC 18.92.060 (C) the Staff Advisor can reduce the total parking requirements by up to 35% when several users occupy a single structure or parcel of land. A reduction in the total parking requirement of 15% for Parcel 1, and a 20% for Parcel 2, would allow each Parcel to contain general retail, person services, or medical/dental uses. Additional Considerations. The reduction in total parking requirements for the two Parcels is further justified by the following facts specific to these Parcels. 1. Absence of On-Street Parking Credit on A Street. Normally, the required parking spaces are reduced by an on-street parking credit of one off-street parking space for every two on-street spaces. See AMC 18.92.025. However,for a building fronting a collector street,on-street parking credits can only be credited to the building's off-street parking requirements if the collector street's width is greater than the minimum established by the street standard. See AMC 18.92.025. A Street is classified as a "Commercial Neighborhood Collector." The design standards for a Commercial Neighborhood Collector with parking on both sides require a 36'-wide street(curb to curb). A Street was constructed before passage of the design standards, and it does not meet the standard. There is not sufficient right-of-way to ever reconstruct A Street to the design standard. Under "normal" circumstances the on-street parking credit would permit general retail, person services, or medical/dental uses on these Parcels with the existing amount of off-street parking. Thus, despite the availability of on-street parking along A Street, neither Parcel qualifies for any on-street parking credits under the Code,because A Street is not wide enough to meet the design standard. Application for Modification of Site Plan Review as it Pertains to Parking Findings of Fact Page 3 2. ,Size of Development&Distinction Between Code's Use-Classifications. Both these Parcels are relatively small commercial developments which are further divided into relatively small suites. The small size of the developments and suites means there is little reason to distinguish between the real need for parking for a particular office use, e.g., a 700 sf office occupied by a massage therapist(a personal-use or medical/dental-use which is currently not a permitted use for these Parcels) would not generate a real need for any more parking than a real-estate office (a general-office use which is currently a permitted use for these Parcels). Furthermore, the distinction between the Code's use-classifications is not always clear. For example, currently art galleries are classified as "general retail"use,even though art galleries generate little need for parking and could easily be classified as furniture stores(which only require one parking space for each 750 s.f. of floor space). As a result, uncertainty exists for prospective tenants and the property owners regarding the classification that will be applied. Granting the mixed-use credit would avoid this uncertainty and burdening planning staff with attempting to classify a particular business within a particular classification for these Parcels. Respectfully submitted this 8th day of June, 2010. William F. Reeves, Owner Parcel 1 Jerry Kenefick, Owner Parcel 2 681 A Street 667 A Street Ashland, Oregon 97520 Ashland, Oregon 97520 541.621.0254 541.890.0763 wreeves(a�ccognty.net j errykenacharter.net $s'" eao6 �FV= Z;oai5 a Z I g .E" f U "I4 a >a a a egg Q e �43 a$ 3S3«. ag ey ;a.s s.�' >°ss� -9 a. ''•°a :fr" a� `s§ �= xve�9xs o°s ':a' s� ge Se S9 q°s esN s$ s�3as P18 e�9 ag � In O a �gar R'&sa o ao 0-9 AG g= 3�oaoS? v 3 x £= pa sa s'ss x;$2o °s FRI ao 3z ava °g�?S;S eEa� � ;8g :d. 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K.WYK.M'.YM1""'r'••••• r rl F/q� !All A ..� 1 Planning Department PERMIT APPLICATION CITY o F 51 Winburn Way,Ashland OR 97520 FILE 3 A5 H L.AN D 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Street Address ' °� e Assessor's Map No.39 1 E 0 9 9 Tax Lot(s) Zoning `� "� ® ! omp Plan Designation °° APPLICANT + C� ! � Name t_ Phone l EV,50,v ep 7a3 E-Mail t fie` Address Y'l City Zip PROPERTY OWNER Name 1,9 Phone E-Mail Address City Zip SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Name Phone E-Mail Address A A City Zip Title Name Phone E-Mail Address City Zip I hereby certify that the statements and information contained in this application,including the enclosed drawings and the required findings of fact, are in all respects, true and correct 1 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 b . g set aside, but also possibly in my structures being built in reliance thereon being required to bbee ve#at my expense. If 1 have y doubts,I am advised .'peek competent professional advi a and assistance, , I tL,( -- 1 A.pIi6ant s Si ture Dat° As owner of the property involved'n this request, I have read d understood the complete application and its consequences to me as a property Za rOperty Owner s Sig ature (required) Dat( [To be completed by City Slaffj Date Received Zoning Permit Type 1 Filing Fee$ OVER /® f7 lrnimn-dr„\nlannmv\Forma R,H-1 f,\7n i,a 11—i,A—k-6—V­,,Hl a 1 31 Job Address: 681 A ST Contractor: ASHLAND OR 97520 Address: Owner's Name: REEVES WILLIAM F/R J OSTROM Q ' Phone: Customer#: 03312 M State Lic No: P ` REEVES WILLIAM F/R J OSTROM T' City Lic No: L ` Applicant: PO BOX 1259 R Address: ASHLAND OR 97520 A C! C Sub-Contractor: A` Phone: (541) 552-1139 T; Address: N Applied: 06/0812010 T Issued: 06/08/2010 Expires: 12/05/2010 R Phone: State Lic No: Maplot: 391 E09AB6508 City Lic No: DESCRIPTION: Planning Action is for addresses 681-687&661-667 A Street. Two owners, Bill Reeves&Jerry Kenefick Modification of Commercial Site Plan VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MEGHANICAL . ELECTRICAL; STRUCTURAL PERMIT FEE DETAIL.: Fee Description Amount Fee Description Amount Type 1 917.00 CONDITIQNS OF APPROVAL COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us Inspection Request Line: 541-552-2080 I F