HomeMy WebLinkAbout2018-02-27 Planning MIN
B
ASHLAND PLANNING COMMISSION
STUDY SESSION
MINUTES
February 27, 2018
CALL TO ORDER
Chair Roger Pearce called the meeting to order at 7:01 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present: Staff Present:
Troy Brown, Jr. Bill Molnar, Community Development Director
Michael Dawkins Maria Harris, Planning Manager
Melanie Mindlin Brandon Goldman, Senior Planner
Haywood Norton Dana Smith, Executive Assistant
Roger Pearce
Lynn Thompson
Absent Members: Council Liaison:
Debbie Miller Dennis Slattery
ANNOUNCEMENTS
Community Development Director Bill Molnar announced a public hearing would occur at the Planning Commission
meeting March 13, 2018. It was for an annexation and a site review for a business park development at Jefferson
Avenue and Washington Street. At the Study Session March 27, 2018, the Commission would discuss a public hearing
for the Accessory Residential Unit Standards and possibly another update regarding the Wildfire Lands
Ordinance. The Tree Commission and Wildfire Mitigation Commission will have reviewed the ordinance by then. The
Planning Commission meeting April 10, 2018, could have the continuation of the accessory residential unit at
232 Nutley Street. The applicant had until March 31, 2018, to request a continuance. Public Works Director
Paula Brown and the Planning Division were reconvening the System Development Charge (SDC) Commission.
Ms. Brown may contact Commissioner Brown to rejoin the commission.
PUBLIC FORUM
DISCUSSION ITEMS
A.Update on Wildfire Lands Ordinance Revisions
Senior Planner Brandon Goldman explained the Community Planning Assistance for Wildfires (CPAW) assessed the
existing ordinance and the proposed ordinance. They provided recommendations and best practices. The ordinance
would come back to the Planning Commission March 27, 2018, following a review by the Tree Commission and the
Wildfire Mitigation Commission.
The ordinance standards were broken into two broad categories. A requirement for a fire prevention and control plan,
and requirements for general fuel management practices. A presentation on Wildfire Development Standards included:
Fire Prevention and Control Plan Applicability
Subdivisions
Performance Standards Developments
Land Partitions
Site Design Review
Not required for new single family dwellings or additions
Ashland Planning Commission
February 27, 2018
Page 1 of 6
Code Refs: 18.3.10.100.A.1
Fire Prevention and Control Plan Submittals
Similar to formal planning application plan requirements regarding:
Site, building locations, drive locations, grades, hydrant locations, landscape plan.
o
Requires a tree and vegetation management plan:
Tree Removals
o
Areas to be thinned
o
Schedule for thinning and removal
o
Code Refs: 18.3.10.100.A.2
Fire Prevention and Control Plan Approval
The wildfire hazards present on the property has been reduced to a reasonable degree, balanced with the need
to preserve and/or plant a sufficient number of trees and plants for erosion prevention wildlife habitat,
enhancement of water resources, and aesthetics.
Code Refs: 18.3.10.100.A.3 & A.4
The Fire Department Fire Marshal or designee would conduct the inspection on site to ensure the plants were thinned in
a sufficient manner.
Maintenance
Provisions for the maintenance of a required Fire Prevention and Control Plan shall be recorded on the property
to ensure continued maintenance.
Code Refs: 18.3.10.100.A.3 & A.4
General Fuel Modification Areas - Applicability
Applies to new buildings, additions, and decks increasing lot coverage by 200 sq. ft. or greater.
Full extent of the property for new structures.
30’ from furthest extent of an addition or deck.
Code Refs: 18.3.10.100.B.1
General Fuel Modification Areas - Requirements
Remove all dead or dying vegetation.
No new planting of plants listed on the new Prohibited Flammable Plant List within 30’ of a structure.
Removal of Prohibited Flammable Plants from 5’ of a new structure.
No combustible materials within 5 feet of a new structure or addition, including mulch.
Flammable trees (not deciduous) which are to be retained:
Provide a 10-foot clearance to canopy from new building or additions.
o
Must be maintained to remove understory growth and clearance from the ground (8’).
o
Allowance for an exception if pruning the tree to this extent will compromise its health.
o
Existing fire resistant trees to be retained:
Pruned to not touch a structure.
o
Provide a 10’ clearance from a chimney.
o
Allowances to preserve vegetation for erosion control, riparian and wetland preservation.
Roof Material (new or 50% re-roof) to be fire resistant (Class B).
Code Refs: 18.3.10.100.B.2 & B.3
The primary intent of the ordinance was to expand wildfire overlay to incorporate the entire city.
Implementation Requirements
Compliance with Fire Prevention and Control Plan, and General Fuel Modification standards, to be completed
prior to bringing combustible materials onto the property.
Fire Code Official inspection and approval
Ongoing Maintenance
Code Refs: 18.3.10.100.C
Ashland Planning Commission
February 27, 2018
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Adjustments to Fire Prevention Control Plan and Fuel modification requirements
New flexibility to address unique on-site conditions.
New Section 18.3.10.100.D and E
Fire Code Official and Planning Director may waive or reduce submittal requirements or fuel modification
requirements if on-site conditions are already sufficient to reduce fire risk.
Written Request
o
Site Inspection by Fire Code Official
o
Evaluation of criteria
o
Code refs: 18.3.10.100.D
Amendments to approved plans
Minor Amendments
Administrative
o
Exceptions
Type 1 Planning Action
o
Code Refs: 18.3.10.100.E & F
Physical and Environmental Constraints
Tree Removal
Amends regulated conifer tree caliper from 24” to 18” to align with the definition of “significant tree.”
o
Allows removal of regulated trees in hillside lands for trees removed as part of an approved Fire
o
Prevention and Control Plan, or as approved to implement a comprehensive general fuel modification
area.
Submission Requirements - Staff advisor may waive a submittal requirement if not necessary to make a
decision on an application.
Code Refs: 18.3.10.020.A.3, 18.3.10.040, 18.3.10.090.D
Staff modified tree removal to exempt a tree if it was part of a fire prevention and control plan and required to meet fill
modification areas in the wildfire ordinance. It would also exempt tree replacement mitigation requirements.
Another modification changed removing and replacing a tree because it was too close to the proposed addition or
structure. In terms of what was required for a plant submittal, the staff advisor could waive a submission
requirement if it was unnecessary to make a decision on the application.
Tree Removal Permits
Amends exemption section:
Newly requires a tree removal permit for removal of trees greater than 6” dBH, when the lot is
o
large enough to be partitioned or subdivided.
Currently, lots occupied by a single family dwelling are exempt regardless of size.
o
The amendment addresses situations in which a site occupied by a single dwelling is cleared of
o
trees under the exemption, in advance of an application to subdivide or partition.
Applies in R-1, R-2, R-3, and HC zoned properties.
o
HC zone added as Mountain Meadows is comprised of a large number of small lot single family
o
homes on HC zoned property.
Code Refs: 18.5.7.C
Alison Lerch, the fire adapted community coordinator spoke to the Wildfire Readiness and Preparedness approach. The
ordinance addressed new homes and additions and would only capture a fraction of the city. The Fire Department
looked at how to have wildfire reduction citywide. In addition to the ordinance, it required education and incentives. The
City’s Firewise USA Program currently had 28 individual neighborhoods involved.
Fire Adapted Ashland
1. Expand the Wildfire Hazard Zone to include the entire city. Wildfire risk is citywide. The City of Ashland
Ashland Planning Commission
February 27, 2018
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Comprehensive Plan would be amended to change the Wildfire Lands Overlay.
2. Adopt an updated Wildfire Lands Ordinance for new construction and additions that require vegetation
clearance and fire-resistant landscaping.
3.Adopt a Municipal Code (Health & Sanitation Chapter) restricting new plantings of known flammable species
identified on the Prohibited Flammable Plant List.
4.Increase wildfire safety through a citywide grant incentive program encouraging residents to remove known
flammable plant species and implement fire resistant landscaping.
The Fire Department was conducting parcel by parcel assessments of every home in city limits and expected to finish
the following week. The data collected would provide information on highest hazard homes and areas. It would enable
the Fire Department to apply for a Predisaster Mitigation grant through FEMA as well as others. The Predisaster
Mitigation grant would provide up to $3,000,000 to help facilitate voluntary removal of flammable plant species and
creating fire resistant landscaping. The grant could also go towards retrofitting existing structures and building materials.
5.Continue wildfire mitigation and risk reduction of existing buildings through the Firewise USA program.
6.Adopt wildfire building codes within city limits so new construction uses ignition resistant building materials.
Prohibited Flammable Plant List
Adopted into Chapter 9, Health and Sanitation.
Reference in the wildfire development standards.
Application City Wide
To reduce the risk of damage to property and persons by the spread of fire due to highly flammable
o
plant material.
Prohibits planting flammable plants with 30’ of buildings and decks.
o
Fire resistant building materials and construction - State of Oregon
Fire Code Amendments
Building Code Amendments
Fire Division Chief-Fire Marshal Ralph Sartain addressed Appendix W Building Construction. It was a code proposal that
had essential ignition resistant development for homes in the wildfire risk assessment. It would make them less
vulnerable to combust during wildfires. The ignition resistant construction elements would reduce the house to house
ignition potential resulting in a community risk reduction. Oregon construction was already developing many wildfire risk
reduction building. Changes would include a cap on gutters, under mount open exposed decking and flooring. Roofing
material was already in City code. Windows were in the construction code and would not change.
The Building Codes Division would review the code proposal and add it as an appendix to the 2014 Fire Code and
eventually to the 2018 Fire Code appendix. The state would adopt it first then the City.
Mr. Goldman spoke to the tree removal exemption in A2. An existing conifer over 18 inches could be retained and the
new building or addition could be in close proximity. If it could be trimmed back to provide 10 feet of canopy spacing.
However, if that clearance jeopardized the health of the tree, it could be retained. It would not provide the same level of
fire protection. Smaller trees could potentially be removed.
In the ordinance, A. Requirements for Subdivisions, Performance Standards Developments, Site Design Review
or Partitions. (3) Approval Criteria would require discretion in reviewing a subdivision by the Commission. It identified
balancing with the need to preserve a sufficient number of trees and plants for erosion prevention on steep slopes. An
applicant going through a hillside development would have a geotechnical engineer determine if the trees were a vital
part of maintaining that slope. An applicant could also argue retaining trees to preserve wildlife habitats. It was
balancing goals in terms of what the community wanted to retain. Community Development Director Bill Molnar added in
regards to the approval criteria, the ultimate burden was on the applicant.
Ms. Lerch, the City Conservation Specialist, a Wildfire Mitigation Commissioner and the Shooting Star Nursery
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February 27, 2018
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developed a list of plants for drought tolerant and pollinator-friendly gardens. It also included plants that required
protection from deer. The Water Wise Landscaping website had a Firewise plant list as well.
Mr. Goldman clarified all new buildings that would increase lot coverage by 200 square feet or more would have a fuel
modification area within 30-feet of the new building. Submission requirements for the fire prevention and control
plan pertained to performance standards subdivisions, preliminary plat of a subdivision, and site design review. Site
design review required for accessory residential units was not included. They would have to make a general fuel
modification requirement and would not provide a fire prevention and control plan.
Planning Commission comment suggested revising the language for screening a hedge. Other comments expressed
concerns regarding enforcement, Home Owner Associations (HOA) and Covenants, Conditions and Restrictions
(CC&Rs). Another comment suggested using hardy plank or a metal gate for the last five feet of a fence that connected
to a house.
Division Chief-Fire Marshal Sartain spoke to fire resistant wood products that met Class B. He noted city code exceeded
state requirements for roofs. Ms. Lerch described education outreach and videos that would be available.
Staff would incorporate language regarding fences and revise wording in Section 2(A)(3) Approval Criteria to clarify the
balancing test.
UPDATES
A.Accessory Residential Unit Standards
Planning Manager Maria Harris explained currently adding an Accessory Residential Unit (ARU) required planning
approval, site design review, and a pre-application conference. It also required a Type I application fee, and the time and
resources to put it together. The ordinance would exempt ARUs less than 500 square feet from the planning approval
process if they were attached to a home or within a building. For a new residence, someone could incorporate
an ARU into the design. It had to be less than 500 square feet with two parking spaces on site for the
primary residence. It also needed on-street parking on one side of the street within 200 feet on either side. If it
met those requirements, it could be done with a building permit. She clarified R-1 included R-1-5, R-1-7.5, and R-1-10.
Due to the number of qualifiers, staff created a new section under 18.2.3.040 Accessory Residential Unit titled A.
Exemptions. Suggestions from the Planning Commission resulted in A. 5 and A. 6. The exemption would not apply to
the multifamily zones because on-street parking was more heavily used. Mr. Molnar added the downtown parking
management study looked at parking in the early morning and end of day. They did not detect issues with parking.
For 18.2.3.040 B. R-1 Zone, (2), staff removed “…except that accessory residential units shall be counted in the
density of developments created under the Performance Standards Option in Chapter 18.3.9.” In B(3), the
maximum gross habitable floor area of an ARU did not come up often enough to add the language. B(6) and B(7) were
the design standards staff had introduced. They were in the site design chapter. Staff moved them to this section
because it was easier to read. They clarified the “interior of the property” language in B(7) to, “New exterior doors and
outdoor living areas (e.g., balconies or decks) on the second story shall be oriented towards the interior of the
property rather than the side or rear yards.” Staff would clarify it further to indicate ARUs above a detached structure
and add language to minimize the impact on the neighbor’s private space.
In 18.2.3.040(B)(C) RR Zone section, they removed (1) and (2) regarding building on lands with less than 25% slope and
access to an improved city street. Hillside Development standards would address slopes that were 25% greater. If
someone did an addition that was 300 square feet or less, it would not require a physical environmental constraints
permit.
Ashland Planning Commission
February 27, 2018
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In 18.2.3.040, E. NN Zones and F. NM Zones were added. It would allow exempt ARUs less than 500 square feet to be
in those zones. The Normal Neighborhood and North Mountain plans had ARUs written in the code and adopted before
they were developed. The proposed ordinance would allow a building permit only for exempted ARUs less than 500
square feet instead of going through site design. The number of units was not locked in. It was the number of lots
created through the subdivision process. The ARU standards specifically stated they were not subject to the density
requirements.
Commissioner Norton explained the conditions of approval for his subdivision locked in the number of units, not lots. Ms.
Harris commented most of the subdivisions over the past 30 years were performance standard subdivisions. It brought
up whether the community had the ability to acknowledge changing conditions and adjust policies. The community
decided through the regional planning process the city would not expand boundaries and accommodate future growth
within city limits instead. Mr. Molnar noted there were neighborhoods with subdivisions that were platted with a home
owner’s association that restricted additional units through their CC&Rs. Commissioner Norton did not think the public
was clear on what the ordinance would allow. They might not understand that homes with ARUs were essentially
duplexes. He stressed the importance of having a public process and suggested notifying all of the Home Owner
Associations in Ashland about the proposed ordinance.
Ms. Harris clarified 18.2.3.040 (B) as one ARU was allowed per lot and the maximum number of dwelling units shall not
exceed two. It was an exemption from site design review and did not permit an unlimited number of ARUs. Applicants
had to meet all the qualifiers under (B). For 500 square feet ARUs in historic districts, a planner reviewed the building
permits with another review by the historic review board. It went through the noticing process and was appealable to the
Planning Commission. The standards were the dimensional requirements of the zone. The following would not be
required:
A landscape plan
Open space for the ARU
Planting street trees
A full Historic Commission review if applicable
Mr. Molnar added it would go to the Historic Commission as part of an advisory. If the 500 square foot addition was part
of the site review it had to meet the mandatory standards in terms of compatible materials. Ms. Harris explained it did not
have to happen for a single family home. An applicant could build the same volume for a house that was allowed under
the standard requirements of the zone. It did not make a difference if the new section was an ARU. A 500 square foot
addition for a house in a historic district required a building permit only. It did not go through a site design review.
One Commission comment suggested clarifying parking further.
Ms. Harris addressed Table 18.4.3.040 Automobile Parking Space by Use. She separated the requirements for a
single family dwelling into its own box and added another box for ARUs. They used the same standard used for cottage
housing where one space was required for an ARU.
Staff would incorporate suggested changes and take the opportunity to update typographical errors and redundant
information in the ordinance.
ADJOURNMENT
Meeting adjourned at 8:47 p.m.
Submitted by,
Dana Smith, Executive Assistant
Ashland Planning Commission
February 27, 2018
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