HomeMy WebLinkAbout2020-06-23 Planning MIN
ASHLAND PLANNING COMMISSION
SPECIAL MEETING
MINUTES
June 23, 2020
I. CALL TO ORDER:
Chair Haywood Norton called the meeting to order at 7:06 p.m.
Commissioners Present: Staff Present:
Michael Dawkins Bill Molnar, Community Development Director
Alan Harper Brandon Goldman, Senior Planner
Haywood Norton Derek Severson, Senior Planner
Roger Pearce Dana Smith, Executive Assistant
Lynn Thompson
Absent Members: Council Liaison:
Kerry KenCairn Stef Seffinger, absent
II. ANNOUNCEMENTS
Community Development Director Bill Molnar announced that Interim Public Works Director Scott Fleury would form a
committee to evaluate updates to the water and storm drain system charges. Commissioner Pearce volunteered to
serve on the committee. The first reading of the Open Space ordinance amendments was postponed due to concerns
expressed by KDA Homes. Staff would review the concerns and bring the item back to the Commission at the Study
Session in July.
III. PUBLIC FORUM - None
IV. TYPE II PUBLIC HEARINGS CONT’D
A. PLANNING ACTION: #PA-T2-2020-00019
SUBJECT PROPERTY: Vacant Tax Lots #10104 & #10105 on First Street (North of Lithia Way,
Across from the Post Office)
OWNER/APPLICANT: Randy Jones for First Place Partners, LLC
DESCRIPTION: A request to consolidate two vacant lots and construct a new 10,547 square foot,
three-story mixed use building as the third and final phase of the First Place subdivision. The
building’s ground floor will be primarily commercial space, while the second floor will include three
one-bedroom residential units and the third floor will have one two-bedroom residential unit. The
proposal includes modifications to the common area landscaping and parking configuration to
provide more efficient access from the accessible parking to the entrances, and two requests for
Exceptions to the Site Development & Design Standards’ "Downtown Design Standards" to allow
for a staggered street setback and to allow vertical windows installed together in groups of three
that are more horizontal than vertical. COMPREHENSIVE PLAN
DESIGNATION: Commercial; ZONING: C-1; ASSESSOR’S MAP: 39 1E 09BA; TAX LOTS: #10104 &
#10105
Chair Norton read the rules of the electronic public hearing. This item was on the agenda for the meeting on June 9,
2020. An issue occurred with RVTV and the livestream was interrupted. The public hearing was continued to this
meeting.
Ex Parte Contact
Commissioners Dawkins, Harper, and Pearce had no ex parte on the matter but drove past the site frequently.
Commissioner Thompson declared no ex parte but had accessed the north parking lot to observe traffic during peak times.
Ashland Planning Commission
June 23, 2020
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Chair Norton had no ex parte and no site visit since June 9, 2020.
Questions of Staff
Senior Planner Brandon Goldman gave a report on the applicant’s response to questions asked at the meeting on June
9, 2020. Jerome White, the architect submitted additional testimony that addressed concerns the Commission raised
regarding a deck encroaching into a common area and the request for two on-street parking spaces within 200-feet of a
C-I-D zone.
The applicant consulted their attorney regarding the deck. The Covenants, Conditions and Restrictions could create an
allowance for the easements to run with the land. It would give the applicant the ability to build an encroachment into the
common area and maintain it over time.
The two on-street parking spaces were on First Street and outside the 200-foot buffer. The applicants were requesting
two on-street parking spaces for potential change of use in the future. The parking spaces were included in the original
subdivision from 2012. If this application was approved, there would be no further development on the site.
Applicant’s Submittal (See attached)
Written Testimony - None
Rebuttal by Applicant - None
Deliberations & Decision
Commissioner Thompson/Pearce m/s to approve PA-T2-2020-00019, with the exception of the two on-street
parking places. DISCUSSION: Commissioner Thompson noted aspects she liked about the project. The code allowed
on-street parking credits to reduce the number of required off-street parking. In this case the applicant did not need an
on-street parking credit because they had enough parking off street. Commissioner Pearce agreed with Commissioner
Thompson adding it did not prohibit them from requesting then if the use changed. He thought the findings should link
the exceptions to the purpose of the site design review in 18.5.2.010. Roll Call Vote: Commissioner Harper, Pearce,
Dawkins, Thompson and Norton, YES. Motion passed.
V. TYPE III PUBLIC HEARINGS CONT’D
A.PLANNING ACTION: #PA-T3-2019-00001
SUBJECT PROPERTY: 1511 Hwy 99 N
OWNER/AGENTS/APPLICANT: Linda Zare/Casita Developments, LLC & Kendrick Enterprise, LLC/
Rogue Planning & Development Services, LLC
DESCRIPTION: A request for Annexation of a 16.87-acre parcel and Zone Change from County RR-5 Rural
Residential) to City R-2 (Low Density, Multi-Family Residential) for the properties located at 1511 Highway 99
North. The annexation is to include adjacent railroad property and state highway right-of-way. The
application includes conceptual details for the future phased development of 196 apartments (1- and 2-
Bedrooms, ranging from 480-701 square feet) in 14 two-story buildings; Outline Plan subdivision and Site
Design Review development approvals are not requested here, and would be applied for subsequent to
annexation. The application also requests an Exception to Street Standards to deviate from city standard
parkrow and sidewalk improvements to respond to constraints of right-of-way width and existing
encroachments. COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: Existing –
County RR-5, Proposed – City R-2; ASSESSOR’S MAP: 38 1E 32; TAX LOT#’s: 1700 & 1702.
Staff Report / Questions of Staff
Senior Planner Derek Severson provided a presentation (see attached):
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June 23, 2020
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Grand Terrace Annexation
Contiguity & the Railroad Property
Grand Terrace Annexation – AMC 18.5.8.060 Boundaries
Oregon Revised Statutes (ORS) 222.170 “Triple Majority”
Oregon Revised Statutes (ORS) 222.170 2017 ORS 222.170
Oregon Revised Statutes (ORS) 222.170; Subject Properties; ODOT Right of Way
The Commission could find the proposal to annex the applicant’s properties, the adjacent ODOT right of way and the
railroad to achieve contiguity and satisfy the ORS 222.170 Triple Majority option. It would not need consent from the
Railroad.
Commissioner Thompson explained this was the first she was hearing of this option. It would be difficult to reach a
determination. Commissioner Dawkins agreed and wanted to know how ODOT and the Railroad would determine a
valuation of their properties. Commissioner Pearce explained there was no assessed value on either property. It was
the assessed value of the private properties. It was half the owners who owned more than half the land in the
annexation area that was worth more than half the assessed value. He clarified it would be contiguous by including the
additional property in the annexation.
Commissioner Thompson confirmed the Triple Majority option would annex the Railroad without their consent. She
thought the code section was about avoiding an election to annex property without people’s consent. Chair Pearce
clarified it was one of three statutes that talked about annexation by consent before a public hearing. An order or
election was not required if there was a Triple Majority.
Mr. Molnar further clarified this was an update on key issues and the contiguity was evolving. ORS 222.170 was
preliminarily discussed but needed more information. A draft report would come before the Commission for
consideration prior to it going to the City Council.
Commission Harper asked if the owners of the properties circled by the annexation wanted to be included. Staff
explained the neighbors were noticed and some had sent written comments. Staff would reach out and let them know
the proposed boundaries. Key considerations were services they currently had and what the obligation would be if they
came into the city.
Staff clarified the ODOT right of way would remain a state highway that was in city limits until it met areas where the city
had jurisdictional limits. It would be subject to ODOT standards. The City would have no control over signals or
crosswalks.
Transportation and Circulation – Access
Frontage Improvements (North)
Frontage Improvements (South)
Transit Improvements
Commissioner Thompson asked about a two-way bike lane to avoid left turns across traffic. Staff noted the
Transportation Commission had raised the same question. Interim Public Works Director Scott Fleury thought they could
have a two-way bike lane within the existing right of way pending ODOT approval.
Affordability Calculations & Constrained Lands
The applicant proposed to reduce the affordability requirement by removing the unbuildable areas and wetland buffers
and base their density calculations on 13.7.5 acres of the site. It would result in 7-10 fewer affordable units. In the
Code, the minimum residential density for annexation called for 90% of the base density of the zone to be provided with
annexation unless reductions in the total number of units were necessary to that minimum density to accommodate
significant natural features, topography, access limitations or physical constraints. The section requiring affordable
housing stated a percentage of the base density did not provide for any reduction to accommodate significant natural
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June 23, 2020
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features or physical constraints. The applicant was contending the number of required affordable units should be
reduced based on the total land area after the unbuildable lands were removed from the calculation. Presently, the code
did not provide for any such reduction. Staff was currently proposing code revisions that would remove unbuildable
lands from consideration in the calculations. The Commission could choose to add in their recommendation to the City
Council the applicant made a reasonable argument in support of this approach; that staff had drafted code language
reflecting the change and the legislative nature of an annexation would allow the City Council to take that approach.
The Commission did not support revising the ordinance for this specific project. They were open to potential changes in
the future. The Commission needed to approve the application based on the current code. The applicant could ask the
City Council for a legislative fix during that public hearing.
Next Steps
Commissioners to weigh-in on issues identified and indicate any additional information they believe is
o
needed from the applicant or staff to arrive at a formal recommendation to Council.
Motion to continue the action to a date certain – July 14, 2020 or later.
o
Based on discussion tonight, staff will prepare a formal recommendation with draft findings for
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consideration and adoption at the continued meeting.
The Commission wanted more detailed analysis on contiguity in the recommendation to the City Council. The
Commission also agreed the number of affordable housing units did not meet the requirement.
Transportation concerns included traffic volume and speed, entering and exiting the site and bicycle safety. Both left
turns seemed problematic. Some were not persuaded the north entrance should be limited to emergency traffic only.
Other comments supported a two-way bike lane but thought it should be separated. The Commission could recommend
the City talk to ODOT about reducing the speed.
If the annexation was approved, the number of units could be increased or reduced. It would depend on the conditions
the City Council put on the annexation. The City Council could adopt the annexation by ordinance and conduct a public
hearing and vote on whether to annex or not. The application would be conditioned upon first going through the site
design review process before approving the annexation.
Commissioner Pearce commented the issues the applicant and property owners were having regarding the easement
were outside of the Commission’s purview. He also wanted to know if the applicant had abandoned their request for
street design standards. The code applied to new developments and not annexations. He suggested including that it
was irrelevant in the recommendation to the City Council. Mr. Molnar clarified the exception would be determined during
site review. Annexation criteria were very specific to pedestrian improvements along the frontage. It was something the
applicant would have to do. Commissioner Pearce added they did not meet the city’s standards because it was in
ODOT’s right of way.
The Commission continued the meeting to July 28, 2020 at 7:00 p.m. The item would not be re-noticed. Anyone who
had submitted comments would be notified.
Commissioner Dawkins/Pearce m/s to continue the public hearing to July 28, 2020 at 7:00 p.m. Voice Vote: All
AYES. Motion passed unanimously.
VI. ADJOURNMENT
Meeting adjourned 8:43 p.m.
Submitted by,
Dana Smith, Executive Assistant
Ashland Planning Commission
June 23, 2020
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