Loading...
HomeMy WebLinkAbout2022-10-11 Planning PACKET Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please fill out a Speaker Request Form and place it in the Speaker Request Box by staff. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION REGULAR MEETING October 11, 2022 I.CALL TO ORDER: 7:00 PM II.ANNOUNCEMENTS III. CONSENT AGENDA A.Approval of Minutes 1. September 13, 2022RegularMeeting 2. September 27, 2022 Special Meeting IV.PUBLIC FORUM V.UNFINISHED BUSINESS A. Approval of Findings for PA-APPEAL-2022-00016, 580 Clover Ln VI.TYPE III PUBLIC HEARING - CONTINUED PLANNING ACTION: PA-T3-2022-00004 SUBJECT PROPERTY: 1511 Highway 99 North APPLICANT/OWNER: Casita Developments, LLC for owner Linda Zare DESCRIPTION: A request for the Annexation of 16.86 acres located at 1511 Highway 99 North into the City of Ashland, along with 6.6 acres of adjacent Oregon Department of Transportation state highway right-of-way and 7.68 acres of California Oregon & Pacific railroad property. The property is currently located in Jackson County and zoned Rural Residential (RR-5); with Annexation these properties would be brought into the City asLow Density, Multi-Family Residential (R-2). Concurrent with Annexation, the application also requests: Outline Plan subdivision approval to create 12 lots; Site Design Review to construct 230 apartments in ten buildings including 37 affordable units; anException to the Street Design Standards; and Tree Removal Permits to remove two trees greater than six-inches in diameter at breast height. COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: Existing – County RR-5 Rural Residential, Proposed – City R-2 Low Density Multi-Family Residential; ASSESSOR’S MAP: 38 1E 32; TAX LOT #’s: 1700 & 1702 VII.ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). ASHLAND PLANNING COMMISSION REGULAR MEETING DRAFTMinutes September 13, 2022 I.CALL TO ORDER: 7:00 PM,viaZoom Chair Haywood Norton called the meeting to order at 7:00p.m. Commissioners Present: Staff Present: Michael Dawkins Bill Molnar, Community Development Director Haywood Norton Brandon Goldman, Planning Manager Lynn Thompson Derek Severson, Senior Planner Eric Herron Aaron Anderson, Senior Planner Lisa Verner Michael Sullivan, Administrative Assistant Doug Knauer Absent Members: Council Liaison: Kerry KenCairn Paula Hyatt (absent) II.ANNOUNCEMENTS Community Development Director Bill Molnar made the following announcement: The Commission will be discussing a draft ordinanceregarding food trucks at its September 27, 2022 Study Sessionbefore making a recommendation to theCity Council. That Study Sessionwill then turn into a Regular Meeting which will allow the Commission to hold a Public Hearing on housing in employment zones. This item went before the Planning Commissionon December 14, 2021 where it wasapproved, but the Council since remanded it to the Commission for further review. Staff also requested feedback from developers of mixed-use housingon some of the items contained in the ordinance. The Council will discuss potential amendmentsto the City’s Commissions at its meeting on September 19, 2022.These changes would include creating a manger-advisory group that could lend its expertise to staff, whichwould then be included in the staff report. Mr. Molnar announced his retirement from the City on October 1, 2022. His last Commission meeting will be the upcoming Special Meeting on September 27.He said that he was fortunate to have been able to work for so th many years as a land-use planner, and expressed appreciation to the Commission for the work that it has done. III.CONSENT AGENDA A.Approval of Minutes 1.August 9, 2022 Regular Meeting B.Initiation of an Ordinance Amendment Relating to Food Trucks & Food Carts Commissioners Dawkins/Knauer m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed. 6-0. IV. PUBLIC FORUM - None Ashland Planning Commission September 13, 2022 Page 1 of 7 V. TYPE I PUBLIC HEARING PLANNING ACTION: PA-APPEAL-2022-00016(AppealingPA-T1-2022-00187) SUBJECT PROPERTY: 580 Clover Ln APPLICANT/OWNER:Tesla / AsiaJohnson APPELLANT:Stracker Solar / Jeff Sharpe DESCRIPTION:Anappealof the staffdecisionapproving a requestfor a ConditionalUsePermitandSiteDesign Reviewapprovals to allow for theinstallationofanasphalt-pavedparkinglotwithapproximately24electricvehicle(EV) chargingstallsonanundevelopedsite.Theprojectproposes to installassociatedelectricalequipment(transformers, switchgears,Teslasuperchargercabinetsandsurchargerposts),stormdrainageandwater(foronsiteirrigationonly) utilities,andlandscaping.COMPREHENSIVEPLANDESIGNATION:Employment;ZONING:E-1;ASSESSOR’SMAP: 391E14AA;TAXLOT:6801. ExParteContact Noexpartecontactwasreported. AllCommissionersconductedsitevisitsexcept for CommissionerDawkinswhowasfamiliar with the site. StaffPresentation SeniorPlannerAaronAndersongave a briefoverviewoftheapplicationprocess,timeline,andscopeof the project.Henotedthat manyof the approvalcriteriadonotapplytothisprojectbecausetheapplicantsarenotproposinganybuildingson the siteinthe nearfuture.Because a fueling station isnotanalloweduseinan E-1 zone a ConditionalUsePermit(CUP) wasrequestedby the applicant. Theapplicantshadalsorequestedanexceptiontostormwatercollectionstandardsdue to the site’s topography.while theremainderof the plansconformed to the City’sdesignstandards. Mr.Andersonlisted the threegrounds for appealsubmittedby the appellants,andnotedthatnocitationsfromrelevantcriteriaor proceduresfrom the AshlandMunicipalCode(AMC.)wereincluded.Thegrounds for appealwereaslisted: A requestfor the City to consider futuredevelopmentswhendeterminingthisproject’s effect ontheCity’selectricalgrid. ThatCloverLaneisnarrowandthat the projectcouldnegativelyimpact traffic. TheTeslachargingstationwouldnotbenefitotherelectricvehiclesortheCity. Mr.Andersonoutlinedhow the applicanthadworkedextensivelywith the City’sElectricalDepartmentbeforeandafter the applicationwassubmitted,andnotedthattherewasonedeficiencyidentifiedwithintheelectricalgridthatisbeingaddressed. ThewidthofCloverLanewasfound to bewithinstandardsfor a neighborhood street. Mr.Andersonalsoclarifiedthatthe applicantwouldbeprovidingthird-partychargingin the future,andthat the exclusivityofanyparticularbrandisnotrelevant to the approvalcriteria. Staff believedthattherewassufficientevidencein the record to demonstratethatallapplicablestandardshadbeenmetby the applicationandrecommendedthat the Commissiondeny the appealanduphold the originalapproval(seeattachment#1). QuestionsofStaff CommissionerThompsonaskedwhetherthereis a minimumFloorAreaRatio(FAR)requirement for developmentsinan E-1 Zone.Mr.AndersonrespondedthatthereisanFARrequirement,andthatpastprojectshaveprovidedsimilarshadowplan showingthatany future developmentwouldmeetFARstandards.CommissionerThompsonaskedthat a codereferencebe provided for projectsdevelopingat .5 FAR, to whichSeniorPlannerDerekSeversoncitedAMC18.4.2.040.Commissioner Thompsonpointedoutthat staff didnotincludecalculationsfor the shadowdevelopmentwhendetermining the project’s traffic impact,requiringanyfuturedevelopmenttoconform to the remainingland.Mr.Andersonrepliedthatany future development wouldrequire a sitedesignreviewandthat the shadowplanwouldnotmanifestwithoutanadditionalplanningaction.Atthattime staff wouldevaluate the proposedbuildingand its parkingdemand,andhowitwouldimpact the CUPbeingdiscussed. CommissionerThompsonnotedthat staff wasanalyzing a futuredevelopmentbasedontheleastintensiveuseofthespace, a single-tenantbuilding,andthatanyfuturedevelopmentwouldlikelyhave a greater traffic impactthanisbeingconsidered.Mr. Ashland Planning Commission September 13, 2022 Page 2 of 7 Andersonrespondedthat a traffic studywouldberequiredforanyfuturedevelopment, addingthatanyfutureplanswouldlikely beaccessory to the Tesla station andthatlinked-tripswouldnotgreatlyincrease traffic. ChairNortonrequestedclarificationon the parkingallowedalongCloverLane.Mr.Andersonrespondedthatthereisnoparking allowedon the northernendofClover,butisallowedonthesouthernendwhereitiswideenoughtoaccommodateparkingon bothsidesof the street. ChairNortonexpressedconcernthat the narrownessof the streetwouldresultincongestion. Commissioner Knauer commented that the Electrical Department’s review did not seem to be primarily focused on the Tesla proposal. Mr. Anderson replied that the Electrical Department had used this as an opportunity to review the grid as well as re- conductor the lines identified by the engineering firm. Questions of the Applicant Brian Sliger, Design Manager, and Alex Schoknecht, Project Developer, assured the Commission that Tesla was working to create universal charging adapters to allow non-Tesla vehicles to use the station. Mr. Sliger mentioned that their traffic data was extrapolated from similar charging stationsand the number of visits by customers. Commissioner Dawkins expressed concern that a restroom would not be included as part of the project. Mr. Schoknecht respondedthat their data showed most of their customers visited thecharging stations while nearby businesses were in operation and providing amenities, making the inclusion of a sanitary facility unnecessary. Commissioner Thompson asked if Tesla was planning on developing the remainder of the lot, to which Mr. Sliger responded in the negative. Chair Norton expressed concern over the potentially longwait-times for customers to charge their vehicles. Mr. Sliger agreed that keeping ahead of their capacity means is a primary goal for the company, but that Tesla’s plans to develop additional charging stations in southern Oregon should help alleviate any potential wait-times. Mr. Schoknecht added that their goal is for a maximum of 10% occupancy at any given timebefore it is considered congested. Chair Norton noted that a Tesla charging station in Sutherlin has two ingress/egress points to the site, and inquired if this was considered for the Clover Lane development.Mr. Sliger responded that their original plan included two points of entrance, but that staff had suggested altering the site plans to include one entrance and a widening of the middle laneper the AMC. Appellant’s Presentation Appellant Jeff Sharpe noted that he was appealing as a citizen, and not on behalf of his company, andthathe submitted this appeal in order have adequate time to provide comments before the comment period deadlinepassed. Mr. Sharpe expressed concern for the potential strain that this project could place on the electrical grid,particularly with many large business buildings nearby.He sharedChair Norton’s apprehension regarding the narrowness of the street, but rescinded his third ground for appeal due to Tesla’s commitment to installing universal charging adapters. Applicant’sRebuttal TheApplicantsofferednorebuttal. ChairNortonclosed the PublicHearingandRecordat7:56p.m. DiscussionandDeliberation Commissioner Thompson conveyed apprehension over the speculative nature of future developmentsin shadow plans, which could be used by applicant’s to circumvent FAR standards. She asked if, in the event that the CUP is permitted, any future developments would cause the CUP to be reconsidered. Mr. Anderson responded that in the process of reviewing a new applicationit would be incumbent on staff to reexamine the CUP. He added that the Commission could include a condition of approval for staff to reevaluate the CUP when a future development is proposeddepending on the application. Commissioner Thompson remarked that any future project could then be denied based on the combined impact of it and the CUP.Mr. Anderson responded that the site design review for any future development would include the use of the entire property.Mr. Molnar pointed out that the CUP would not need to be reestablished, but that you would evaluate the cumulative impacts of the CUP and the proposed project. Adjustments could then be made off of that evaluation, such as to the station or its traffic impact, but that it should not necessarilypreclude the approval of the item being discussed. Ashland Planning Commission September 13, 2022 Page 3 of 7 Commissioner Knauer commented that there is a significant movement to fully electrify the City, and that this project would have a serious impact on the grid if every charging station wereutilized at once, and that the City should attempt to plan accordingly. Commissioner Herron inquiredif there were any requirements in the AMC for a travelcenter to include restrooms or sanitary facilities. Mr. Molnar responded that there weren’t any in the land use codes, and that he was not aware of one in the building codes. There was general concernfrom the Commission that the charging station would not include a sanitary facility for customers.Commissioners Verner and Dawkins lamented the applicant’s lack of foresight in not including restrooms, but acknowledged that this was not grounds for denial of the project. Chair Norton emphasizedthat parking and the narrowness of Clover Lane continued to concern him. Commissioner Thompson agreed that the on-street parking should be reevaluated, but stated that she would vote in favor of the projectdespite this because all applicable approval criteria appeared to be met by the application. Commissioners Knauer/Vernerm/s to deny the appeal.Roll Call Vote: Commissioners, Knauer, Thompson,Verner, Herron, Dawkins: AYE.Commissioner Norton: NAY.Motion passed. 5-1. VI.TYPE III PUBLIC HEARING PLANNING ACTION:PA-T3-2022-00004 SUBJECT PROPERTY:1511 Highway 99 North APPLICANT/OWNER:Casita Developments, LLC for owner Linda Zare DESCRIPTION:A request for the Annexation of 16.86 acres located at 1511 Highway 99 North into the City of Ashland, along with 6.6 acres of adjacent Oregon Department of Transportation state highway right-of-way and 7.68 acres of California Oregon & Pacific railroad property. The property is currently located in Jackson County and zoned Rural Residential (RR-5); with Annexation these properties would be brought into the City as Low Density, Multi-Family Residential (R-2). Concurrent with Annexation, the application also requests: Outline Plan subdivision approval to create 12 lots; Site Design Review to construct230 apartments in ten buildings including 37 affordable units; an Exception to the Street Design Standards; and Tree Removal Permits to remove two trees greater than six-inches in diameter at breast height. COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING:Existing – County RR-5 Rural Residential, Proposed –City R-2 Low Density Multi-Family Residential; ASSESSOR’S MAP:38 1E 32; TAX LOT #’s:1700 & 1702 Ex Parte Contact Noexpartecontactwasreported. AllCommissionersconductedsitevisits. Presentation Senior Planner Derek Severson began by pointing outthat the application contained several Type II elements, including site review, subdivision, the exception and tree removal, and that the Type III elementwould bethe annexation request. The Commission wouldmake a recommendation totheCouncilfor finalapproval. Mr. Severson added that a similar application was approved by the Commission and Council in 2019, but wasappealed to the Land Use Board of Appeals (LUBA) andultimately deniedbecause the application did not include plans for a developmentor fullfrontage improvements. City codeshave since been adjustedandthe new applicationmeet,andalsoincludethe requisiteplans for developing the site. The annexed area is currently separated from the City limits by a railroad crossing, which is not considered a public right-of-way (ROW). State law allowsthat the City can annex property where the owner has not consented provided that the City has a triple-majoritywhere half of the property owners of half of the property’s assessed value consent to the annexation.Therefore the railroad property should be included in the annexation to make the City limits contiguous and to extend utilities and services. Mr. Severson stated that the annexed area would enter the City as Low-Density, Multi-Family Residential(R-2), and the applicant would be installing 3,000 of sidewalk and a new bus-stopalong the street-front.The development would make up twelve buildings, ten of which would contain 230 apartments and 37 affordable units(see attachment #2).The sidewalks would result in pedestrian connectivity along Highway 99from the downtown area to El Tapatio Restaurant. Ashland Planning Commission September 13, 2022 Page 4 of 7 A significant portion of the site would be along the highway, making it the jurisdiction of the Oregon Department of Transportation (ODOT).The application requestedanException to the Street Design Standards to allow the development of curbside sidewalks in order to install a bus pull-out lane, bus stop, and transit supportive plaza along the property’s frontage.The applicants requested a reduction in required parkingfrom 230 spaces to 212due to the transit-supportive plaza.A provision in theAMC allows for such a reduction request. Mr. Severson noted that the Transportation Commission raised concerns abouthightraffic speeds near a large residential development, but that ODOT had decided that a reduction in speed along the development site was not required.A pedestrian- controlled crosswalk is being proposedcrossing Highway 99and was supported by ODOT. The sidewalks being proposed are consistent with both City and ODOT standards, and the applicants proposed to maintain the current bicycle lanes and widen them where necessary. Mr. Severson related how the Tree Commission had reviewed the application and concludedthat the proposed tree removals were acceptable and voted unanimously to approve the project. Mr. Severson noted that the affordability standards had changed since the previous application, and now require that the total number of affordable units proposed by a development be rounded up. Therefore the number of affordable units required by the application should be increased to 38.However, if the applicantschoose to partner with a provider then the dedicated landshould be adequate to accommodate therequired number of 47 ownership units at 100% AMI on the final plat.Alternatively, if the applicants partneredwith an affordable housing providerthat is willing to participate in the design program proposed by the applicant,then the applicants would only be required to provide38 affordable housing units at the 80% AMI rental rate. Staff recommended that a conditionbe includedfor the Final Plan submittal to make clear how the affordabilityrequirementswouldbe addressed. Mr. Severson concluded that staff was generally supportive of the request and that the applicants met the criteria for approval. Questions of Staff Commissioner Knauer requested clarification on the applicant’s choiceonwhether to construct the development themselves or to partner with a provider. Mr. Severson responded that the applicants would still supply the facilities,but that a partner could be brought in construct the proposed buildings. Mr. Goldman added that the external amenities would stay the same with a partnered provider, but that the internal amenities may differ. Commissioner Thompsonasked for further information regarding the open-space amenity requirements are for the project. Mr. Severson responded thatthe staff report did not examine the requirements in detail becausethe proposal was providing significantly more open-space than the 8% required for multi-family developments. The plans also includeda play area for children, as well as recreational areas and patios. Applicant’s Presentation Amy Gunter began by stating that the applicant team had reviewed staff’s evaluation, findings, and recommended conditions of approval, and acceptedthem as presented. She provided the Commission with a presentation for the annexation and development for 1511 Highway 99 N.andgave a brief overview of the project andthe development area. Shenoted that substantial public improvements would be required, and that this project would provideall improvementsnecessary(see attachment #3). Ms. Gunterdetailed how the current sidewalks along Highway 99 terminate on Schofield Streetand how this development would greatlyimprove pedestrian access from the site to downtown. She pointed out how there is currently no safe passagefor pedestrians to travel alongside Highway 99, and that there is also limited bicycle safety measures. She showed the Commission several nighttime photos of the highway to emphasize the need for safe pedestrian walkways. Ms. Gunter notedhow there were still discussions being heldabout what the underpass pedestrian improvements would entail at the railroad bridge, but that a pedestrian sidewalk and bike lane would be included. She pointed out at the proposed improvements would be superior to the existing facilities, and that a crosswalkwith Rectangular Rapid Flashing Beacons (RRFBs) wasbeing plannedwheretwo new bus-stops would be installed. Ashland Planning Commission September 13, 2022 Page 5 of 7 RobertKendrick pointed to various driveways and ingress/egress points along the highway that don’t conform to ODOT standards.Henoted that this projectwould not be able to improve those areas, but that the installation of sidewalks and curbs would greatly increase pedestrian connectivity and safety between downtown and the proposed development,meeting thedesign standards for improvement.Mr. Kendrick stated that his goal in requesting a reduction in parking standards was to encourage the use of other modes of transportation, namely walking, biking, and buses.He added that they have an offer from Rogue Valley Transportation District (RVTD) to providebus passeswith unlimited usefor every residentin the development for $10.00 per month. Mr. Kendrick stated that his target tenant demographic are those between 80-120% AMI, who, on average, spend 29% on car- related expenses. The proposed transportation upgrades would free up these expenses and increase quality of life for the tenants. He pointed out that residents of northern Ashland are unable to use the bus-stops along the highway due to the lack of safe crosswalks, and that his team had worked with ODOT for two years to get the RRFB crosswalkapprovedwhich would benefittheneighborhood. Mr. Kendrick then cited a Vehicle Access Safety Evaluation provided by his team’s traffic consultant. The safety standard is based on Stopping Sight Distance (SSD) and vehicle speed,andwouldrequire an SSD of 360ftfor a car traveling at 45mph. Mr. Kendrick statedthat his proposal would have an SSD of over 700ft in both directionsfrom the project site. Ms. Gunter concluded the presentation by informing the Commission that the project would provide requiredpublicinfrastructure improvements per annexation codestandards. She pointed out that the layout for the site was largely determined by the Billing’s Siphon that runs through the property,which wouldreducethe number of treesneedingto be removed from the site.She added that the wetland buffer included in the application is larger than is necessary for approval, and that the site was designed for family use. Commissioners Dawkins/Thompsonm/s to extend the meeting until 10:00 p.m.Voice Vote: all AYES. Motion passed. 6-0. Questions of the Applicant Commissioner Dawkins voiced concernthatall affordable unitswouldbe located in one areainstead of being dispersed around the site. Mr. Kendrick responded that the affordable units would be built to the same standard as the other units, and that the purpose of the project would beto increase available housing and decrease rental costs in the City. Commissioner Dawkins remarked that the proposal made mention of selling the units, to which Ms. Gunter responded that selling the units is merely an option but is not being considered. Commissioner Verner inquired why the number of rental units was increased to 230 from the 2019 application’s 196 units. Mr. Kendrick stated that the demand for housing had changed during that time, as well as the need for additional single, double, and triple occupancy housing. He added that privacy was also afocus when designing the units themselves, as well asprovidingopen areas behind the buildings. Commissioner Verner asked if the annexation would include all of the ODOT property indicated in the application. Mr. Kendrick responded that it would, indicating that this would result in greater connectivity to the rest of the City. Mr. Severson added that in discussions during the 2019 application that ODOT had recommended that the annexation include the whole ROW. Commissioner Verner noted that the SSD included in the traffic report only referred to one of the application’s entrances. Mr. Kendrick responded that the SSD did apply to both entrances, but thatthe second entrance is unnecessary and only required by theCity.The focus will be on the main entrance which will include ADAcompliantpedestrianaccess pointsto encourage pedestrian and bicycle usage near that entrance. Commissioner Verner pointed out that the width of the secondary access point was only 24ft, to which Mr. Severson responded that the Fire Department only required the main entrance tohave a width of26ft. Commissioner Verner inquired if the individual lots would be sold. Mr. Kendrickresponded that it was not being considered, and that the involvement of Homeowner’s Associations in the development would be to lower the potential capital needing to be borrowed from banks. Commissioner Verner inquired in the total lot coverage included the internal roadways. Ms. Gunter stated that all surfaces that are not landscaped areas make up the total lot coverage, including driveways, patios, pathways, and Ashland Planning Commission September 13, 2022 Page 6 of 7 structures. Mr. Kendrick elaborated that the landscaped areas would not include grassin orderto conserve water.Commissioner Verner stated that the applicants and the City should do everything possible to reduce the speed limit along the highway to 35mph.Mr. Kendrick agreed and requested thatthe City to assist his team in that endeavor. Commissioner Thompson requested clarification regarding the orientation of the units in relation to the parking areas. Mr. Kendrick responded that the entrance for the basement floor units would be facing outward, while the firstand second floor units have entrances facing inward. He added that the affordable units could be placed anywhere on the property, and that the whole neighborhood will increase in valueand quality.Ms. Gunter pointed out that the affordable unit wouldhave some of the best views onthe lot because of their height and placement. Commissioner Thompson asked in RVTD had agreed to add a regular stop outside the property. Mr. Kendrick responded that they had, and that the local ODOT office had also approved the new crosswalk. Public Comments Steve Rouse/Mr. Rouse stated that he is the Vice-President of Rogue Advocates, the group who successfully appealed the original project to LUBA.He commentedthat he was impressed with the applicant’s proposal, but that significant concerns remained. Mr. Rouse outlined the difficulty in addingadditional residential traffic from the development to the highway, and suggested that the applicants reduce the number of units to limit congestion.He supported theapplicant’sintention of increasing pedestrian safety,but stated that traffic would only increase due to this project.Mr. Rouse also contested the findings from the traffic report, stating that the SSD would be much lower than was reported. Mr. Rouse requested that the Public Record remain open so that he could submit additional written comments. Ms. Gunter requested that the applicant team be given its five-minute rebuttal time before the meeting is adjourned. Chair Norton responded that the Commission would be unable to make a decision in the remaining time allotted.He suggested that the item be continued to the October 11, 2022 Regular Meetingwhen the Commission would have more time to deliberate, as well asallow for any additional comments to be submitted. Commissioners Thompson/Dawkins m/s to continue the Public Hearingon PA-T3-2022-00004untiltheOctober 11, 2022 meeting.Voice Vote: all AYES. Motion passed. 6-0. VII. ADJOURNMENT Meeting adjourned at 9:58p.m. Submitted by, Michael Sullivan, ExecutiveAssistant Ashland Planning Commission September 13, 2022 Page 7 of 7 Approval Criteria An application for Site Design Review shall be approved if the proposal meets the criteria in subsections A, B, C, and D below. The approval authority may, in approving the application, impose conditions of approval, consistent with the applicable criteria. A.Underlying Zone.The proposal complies with all ofthe applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B.Overlay Zones.The proposal complies with applicable overlay zone requirements (part 18.3). C.Site Development and Design Standards.The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D.City Facilities.The proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, and adequate transportation can and will be provided to the subject property. E.Exception to the Site Development and Design Standards.The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4if the circumstances in either subsection 1, 2, or 3, below, are found to exist. 1.There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty; 2.There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards; or 3.There is no demonstrable difficulty in meeting the specific requirements for a cottage housing development, butgranting the exception will result in a design that equally or better achieves the stated purpose of section 18.2.3.090. (Ord. 3147 9, amended, 11/21/2017) Approval Criteria 1.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. 2.That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 3.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, pursuant with subsection 18.5.4.050.A.5, below. 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. a.Similarity in scale, bulk, and coverage. b.Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c.Architectural compatibility with the impact area. d.Air quality, including the generation of dust, odors, or other environmental pollutants. e.Generation of noise, light, and glare. f.The development of adjacent properties as envisioned in the Comprehensive Plan. g.Other factors found to be relevant by the approval authority for review of the proposed use. 4.A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. 5.For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows. f.E-1.The general office uses listed in chapter 18.2.2Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. November 25, 2022 + 14 days to Adopt Findings: GRAND TERRACE II ANNEXATION, SITE DESIGN REVIEW, STREET STANDARDS EXCEPTION AND PERFROMANCE STANDARDS SUBDIVISION REVIEW ANNEXATION REQUEST The property is within the Urban Growth Boundary of the City of Ashland. This area of North Ashland was added 40 years ago. The Comprehensive Plan Designation of the property is Multi-Family Residential. The current zoning of the property is RR-5, Jackson County Rural Residential. The properties to the north are Jackson County Commercial and Jackson County Exclusive Farm Use. The properties to the S across the tracks are zoned Jackson County Rural Residential and City of Ashland, single family zoning. TRANSPORTATION IMPROVEMENTS OR HWY 99 UNDERPASS IMPROVEMENT Steep slopes and public infrastructure beyond the trestle at N Main and OR HWY prevent park row and sidewalk. An eight-foot curbside sidewalk is proposed. CROSSWALK WITH RECTANGULAR RAPID FLASHING BEACON STREET STANDARDS EXCEPTION PUBLIC INFRASTRUCTURE SITE DEVELOPMENT PLAN PROPOSED TREE REMOVAL LANDSCAPE & OPEN SPACE SITE PLAN DETAILED LANDSCAPE SITE PLAN ADDITIONAL INFORMATION TRANSPORTATION IMPACT ANALYSIS Kelly Sandow PE, of Sandow Engineering, LLC has evaluated the impacts of the proposal. Key findings of the TIA include Ïthese are addressed in the Technical Memorandum and the TIA Review Response Letter from ODOT dated May 7, 2020: The TIA shows all studied intersections (Hwy 99N at South Valley View, Highway 99N at Jackson Road, North Main Street at Jackson Road, North Main Street at Maple Street, and Hwy 99N at the project access points) will meet the mobility standards through the Year 2034 with the addition of the traffic associated with anticipated development of the subject property. The addition of development traffic will not substantially increase queuing conditions over the background conditions. All site driveways are projected to operate safely and efficiently. The TIA recommends that Highway 99N be restriped to include a left-turn lane for vehicles entering the site. The TIA review by ODOT concludes that the Transportation Planning Rule (TPR) has been met. ODOT SPEED STUDY ORS222.170 -CONTIGUITY THROUGH CONSENT AT A PUBLIC HEARING ASHLAND PLANNING COMMISSION SPECIALMEETING DRAFTMinutes September 27, 2022 I.CALL TO ORDER:7:00 PM Chair Haywood Norton called the meeting to order at 7:00p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present:Staff Present: Michael DawkinsBill Molnar, Community Development Director Haywood NortonBrandon Goldman, Planning Manager Lynn ThompsonDerek Severson, Senior Planner Eric HerronMichael Sullivan, Administrative Assistant Lisa Verner Doug Knauer Absent Members:Council Liaison: Kerry KenCairnPaula Hyatt II.ANNOUNCEMENTS Community Development Director Bill Molnar made the following announcement: Townmakers, LLC will be providing a presentation at the October 3, 2022 City Council meeting. They have previously conducted an open house to engage with the public, as well as met with the Planning Commission at itsJanuary 25, 2022 Study Session. Mr. Molnar reminded the Commission that he would be retiring affective September 30, 2022, and that Planning Manager Brandon Goldman had beenappointedasinterim Community Development Director. III.PUBLIC FORUM-None IV. LEGISLATIVE HEARING: A.PLANNING ACTION: #PA-L-2021-00013 APPLICANT: City of Ashland ORDINANCE REFERENCES:AMC 18.2.3 Special Use Standards AMC 18.2.6Standards for Non-Residential Zones AMC 18.3.13Residential Overlay AMC 18.6.1 Definitions REQUEST:The proposal includes a series of amendments to the Ashland Municipal Code (AMC) Title 18 Land Use to the residential standards for mixed-use development in the Commercial (C-1) and Employment (E-1) zones. Staff Presentation Mr. Goldman gave a brief legislative history of the ordinancebefore it was approved by the Commission in December of 2021.The Council remanded it back to the Commission in order to consider if there were opportunities tofurther increaseaffordableresidential rentalson the ground floor of mixed-use developments. The affected areas would be C- 1zones outside of downtown,and E-1 zones with residential overlay.There is a provision in the ordinance for lots Ashland Planning Commission September 27, 2022 Page 1of 4 over 10 acres to be unaffected in order to retain larger scale commercial development potential. The ordinance would also include, whichwould be built to meet commercial standards but could be used explicitly for affordable rental housing. Mr. Goldman added that the Residential density caps in C1, C-1-D, and E-1 were removedin order to encourage a variety of housing types(see attachment #1). Added to the code would be the definition for Commercial Ready Residential Space under AMC 18.6.1.030, and Mr. Goldman outlined the proposed code provisions for discussion: 35# of the ground floor area shall be designated for permitted (commercial) uses, not including residential uses, or as Commercial Ready Residential Spaceconsistent with 18.2.3.130.B.1.c. Affordable rental housing could occupy Commercial Ready ResidentialSpace. Affordable to renters earning 80% the Area Median Income or less. Require affordable rental occupants be income qualified by the City at any change in tenancy. Require a deed restriction or agreement with City clarifying the 35% ground floor area cannot be used as market rate housing. Questions of Staff Commissioner Thompson drew attention toanon-substantive correction on page 4, section 3 of the draft ordinance. Commissioner Thompsonstatedthatthe main obstaclethe Commission encountered whenit first reviewedthe ordinance was thata change to the Comprehensive Plan andtheHousing Analysis in2007 would need to take place in orderto allow 100% residential on the ground floor of mixed-use buildings.Commissioner noted that staff hadutilized Senate Bill 8 as a means of circumventing this issue, and inquired if staff would require a legal opinion on that argument. Mr. Goldman responded that there have already been legal opinions renderedby Medford and Roseburgon how the senate bill was drafted,but that they had yet been tested.the residential use could be maintained in perpetuity due to deed restrictions on the properties, rather thanlimited tothe30-year term referenced in Senate Bill 8. Mr. Molnarremarked that staff had been in contact with the state, whodid not indicate that this draft ordinance would be contrary to Goal 9. The state is awaiting the ordinance in its entiretybeforepassing judgementinventory does not allow for E-1 without a Residential overlay.Commissioner Thompson suggested that a preamble articulating the legal rationale for this legislative change be included in the ordinance. Mr. Molnar responded that the rationalewould be reflected in the findings totheCouncil. Commissioner Thompsoninquiredif parking would be developed to commercial standards,and how parking requirements would be determined for commercial or residential use buildings.Mr. Goldman confirmed that they would be developed for commercial use.For residential the number of parking spaces would be determined based on the number of bedrooms in the building, while commercial parking are determined by the square footage of the building and its intended use. Commissioner Knauer inquired in theseparking requirements would change based on the newClimate Friendly and Equitable Communities state guidelines, and Mr. Goldman confirmed that they would. Commissioner Verner requested clarification over why theCommercial Ready Residential Spaceordinancewould not apply to propertiesover 10 acres in size. Mr. Goldman respondedthatpropertiesover 10 acreswere beingretained for largerscale developmentrather thanbe divided intosmallermixed-use projects. Commissioner Dawkins asked why projectscould develop one commercialand oneresidentialbuilding as part of the same development, rather than developing both as mixed-use. Mr. Goldman responded that there arecurrentstandards in the AMC that allow for this separation.As an example he cited the Rogue Credit Union andaccompanyingresidential building on the same parcel, stating that the combined floor areasof the buildings then metcode standards. Commissioners Thompson/Vernerm/s torecommend that the City Council adopt the proposed ordinance as presented with a few non-substantive changes.Voice Vote: all AYES. Motion passed. 6-0. Ashland Planning Commission September 27, 2022 Page 2of 4 V.DISCUSSION ITEMS A.Food Truck Code Discussion Staff Presentation Senior Planner Derek Severson began bystating that this discussion is to determine how best to allow additional options for food trucks, while finding furtheruse forvacant lots and underutilized properties. Staff first recommendedchanges to allowances fortemporary use permits and special events, including holiday celebrations and employee appreciation events.Currently there are allowances in the AMC for temporary use permits for food trucks limited to once per year,withstaff suggesting anincrease toonce per month. The second recommendation would be make it an administrative policy that any property in the Detail Site Review Zone that can accommodate food vendors and outdoor eating spaces in their existing plaza space without physical alteration of the space could do so withoutseparate land use approval.Mr. Severson displayed a map of the Detail Site Review Overlay to showcase the affected areas of such a change. The third staff recommendation would be to allow food trucks and associated outdoor eating spaces in existing parking lots in commercial zones with over five spaces, except in cases where the parking lot is already subject to a mixed-use or joint-use credit. Mr. Severson added that up to 20% of required parking spaces could be used for food trucks as an outright permitted use without a requirement for land use approval. Mr. Severson detailed how any potential food vendor wouldthenneed to obtain a staff-approved ministerial permit. They would also be required to obtain a business license, register for and pay food and beverage tax, and obtainany required inspections from theCitysBuilding, Fire, and Health departments.Food trucks would not be permitted to remain in one place for more than fiveconsecutive days, andmore than three food trucks on a single propertywould trigger a Site Review.The proposed language would not permit food trucks to operate in public rights-of-way, public parking lots, or parks through the ministerial process(see attachment #2).Mr. Severson added that this is a similar process to oneused in Medford, and would create a consistent model for food truck vendors in the area. Questions of Staff Commissioner Verner requested clarification on the differences between the temporary use permit and the ministerial permit. Mr. Severson responded that the temporary use permit would be limited to short-term special events, while the ministerial permit would allow for more consistent serviceprovided that the food truck moved sites every five days. Chair Norton conveyed surprise that the Cityhad not received feedback from local restaurants regarding the introduction of additional food trucks to the City. Commissioner Thompson expressed concern over the prospect of food trucks being permitted in the Historic District and the potentially negative impactthey could haveon residential areas.She also stressed the importance of not suggesting that a food cart is a required element in a plaza when it ismerelyone of the optional elements. Commissioner Thompson drew attention to subsection A of the staff memo and inquired if food trucks would be permitted in residential zones, to which Mr. Severson responded that they would not.He added that the Detail Site Review standards are not residential standards, and that language could be added to clarify that distinction. Commissioner Thompson reiterated herconcernthat food trucks could be permitted in the Historic Districts, even those with commercial buildings. She drew attention to the potential erosion of residential zoning and where housing is permitted, and how the addition of food trucks couldhave anegative impact in E-1 and C-1 zones withresidential buildings.Commissioner Thompson asked what the approval criteria for food trucks would be. Mr. Severson responded that they would have to meet the zoning and dimensional requirements, as well as a site plan and Fire, Building and Health department inspections. Commissioner Thompson suggested that a minimum distancefrom residential areas be consideredas a requirement for the ministerial permit. Ashland Planning Commission September 27, 2022 Page 3of 4 Commissioner Knauer asked how many food trucks were issued Conditional Use Permits (CUP) in a standard year prior to the pandemic. Mr. Severson responded that 2-3 would be typicalbecause of the lengthy application process. Commissioner Knauer remarked that food trucks couldbenefit the City if managed properly, but that the proposed changes might not be sufficient to perform an adequate experiment. Commissioner Thompson emphasized the significant change this would make in the process, to which Commissioner Knauer responded that it could be approached in a different fashion. Chair Norton commented that the changes presented might notresult in a significant number of food trucks entering the City, particularly when Medford has a greater population,customer base, and roadways that are more beneficial tothem. Commissioner Herron inquired why health care zoning was not included in the memo. Mr. Severson responded that health care is typically residential, but that it can be included if the Commission believedit appropriate.Commissioner Herron indicated that they shouldbe included in order service health care workers nearby. He then asked if these changes addressed the sale of alcohol. Mr. Severson replied that it did not, but could beaddressed. There was general concern from the Commissionover thelack of grease-traps,restrooms or other public amenities. Commissioner Dawkins voiced the opinionthat it would be unfair to ask other local businesses tosupport food trucks who lacked public amenities, and suggested thatin the futurestaff consider code amendments to address this issue.Chair Norton commendedthe inclusion of trash disposalas part of the staff memo,but suggested that staff include a condition that required food trucks to have sanitary services for theiremployees. Commissioner Herron stated that the City should be modeling its food truck codes after Portland, Eugene, and Bend, pointing out that theyare on dedicated lots andrequire grease-traps and restrooms. He went on to say that blight should be used in a way that is resourceful and sustainable. Commissioner Thompson commented that the plaza space requirement seems to largely focus on serving the residents of a particular neighborhood,but thatanyresultingfood courts couldpotentiallyattract visitors from outside thoseareasof the City. The Commissionsuggested that the maximum number of food trucks allowed on a lot before it is considered a food court be reduced to two. Chair Norton pointed out that the two designated food truck spotsonExit 14have amenity hookups and restrooms. Commissioner Herron asked if staff had received feedback from food truck owners regarding the proposed code changes.Mr. Severson responded that staff had not received feedback about the changes specifically, but that they had complained to staff about the difficulty in acquiring a CUP forfood trucksin the past. Commissioners Herron and Vernerrequestedthat staff gather feedback from food truck owners, and Mr. Severson replied that staff can attempt tocontact them. Commissioner Herron asked that staff provide the Commission with a variety ofapprovaloptionsat a later meeting. Chair Norton outlined how the temporary event permits were near approval, but that the ministerial permitswouldrequire more deliberation. Commissioner Dawkins commentedthat food trucks will be entirely market driven, and that they are unlikely to have a strong presence in the City. Membersof theCommissionexpressed appreciation to Mr. Molnar for hislongservice in the Planning Departmentand to the City. VII.ADJOURNMENT Meeting adjourned at 8:24p.m. Submitted by, Michael Sullivan, ExecutiveAssistant Ashland Planning Commission September 27, 2022 Page 4of 4 #®£¤  ¬¤­£¬¤­³² ³ ±¦¤³¤£  ³ ¨­¢±¤ ²¨­¦ §®´²¨­¦ ®­ #¨³¸ ¹®­¤£ ¤¬¯«®¸¬¤­³ « ­£²ȁ March 16, 2021 December 2020 Research and Development Ordinance Review Public Hearings o o o o o Food Trucks Ashland Planning Commission Study Session Sept.26, 2022 Initial Staff Recommendation #1 Change the allowances for temporary uses under a short-term event permit from no more than once to no more than once . Temporary Uses Variety Special Events Temporary Use ÂPop-up for special events such as employee appreciation events, private catering, holiday celebrations. Initial Staff Recommendation #2 Food vendors and space for outdoor eating are requisite elements where plaza space is required in the Detail Site Review zone. As such, it could be made an administrative policy that any property in the Detail Site Review Zone that can accommodate food vendors and outdoor eating spaces in their existing plaza space without physical alteration of the space could do so without separate land use approval (i.e.not requiring a Conditional Use Permit for something that is already a required element for plaza space in the Detail Site Review zone). As an example, the OSF Bricks could accommodate food trucks or carts without alteration and would be allowed under the proposed amended language. Existing Plaza Space Initial Staff Recommendation#3 Allowfoodtrucksandassociatedoutdooreatingspacein existingparkinglotsincommercialzoneswithoverfivespaces, exceptincaseswheretheparkinglotisalreadysubjecttoa mixed-useorjoint-usecredit.Upto20percentofrequired parkingspacescouldbeusedforfoodtrucksasanoutright permittedusewithoutarequirementforlanduseapproval. In Parking Lots Vacant and Underutilized Properties Currently vacant properties, and underutilized areas, offer an opportunity for the temporary or intermittent placement of food trucks or parks without impacting any existing uses. Ministerial Permit Food truck operator would need to: Obtain a ministerial food truck permit. ( ) Business license. Register for and pay food and beverage tax. Obtain any required inspections from the Building, Fire and the Health Departments. Next Steps Policy Considerations Ordinance Development Public Hearings and Adoption FINDINGS _________________________________ PA--2022-0001, BEFORE THE PLANNING COMMISSION October 11, 2022 IN THE MATTER OF PLANNING ACTION #PA-APPEAL-2022-00016, ) AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF PLANNING ) ACTION #PA-T1-2022-00187, CONDITIONALUSEPERMITANDSITE) DESIGNREVIEWAPPROVALSTOALLOWFORTHEINSTALLATION) OFANASPHALT-PAVEDPARKINGLOTWITHAPPROXIMATELY 24 ) ELECTRICVEHICLE(EV)CHARGINGSTALLSONAN) UNDEVELOPEDSITE.STAFF INITIALLY APPROVED THE ) FINDINGS, APPLICATION. SUBSEQUENT TO THE MAILING OF A NOTICE OF ) CONCLUSIONS, DECISION, JEFF SHARPE WHO PARTICIPATED IN THE PROCEEDINGS ) AND ORDERS. BELOW FILED AN APPEAL REQUEST.) ) OWNER: ASIAJOHNSON) APPLICANT: TESLA) APPELLANT: JEFF SHARPE OF STRACKER SOLAR) _______________________________________________________________) RECITALS: 1)Tax lot #6801 of Assessor’s Map 39-1E-14-AAis located at 580 Clover Lane is in the E-1 zone and is 0.57 acres in size. 2)The application requested aConditional Use Permit and Site Design Review approvals to allow for the installation of an asphalt-paved parking lot with 24 electric vehicle (EV) charging stalls on an undeveloped site. 3)On July 18, 2022, the applicationwas deemed complete, and in accordance with AMC 18.5.1.050.B.4 a Notice of Complete application was posted at the subject propertyin clear view from the public right-of-way and mailed to all property owners of record within 200 feet of the parcel. 4)The Staff Advisor approved the application on August 9, 2022, and a Notice of Decision (NOD)was mailedon the same date. 5)On August 22, 2022, a Notice of Intent to Appeal (NITA) was received with Jeff Sharpe named as the appellant. 6)In the proceedings below Jeff Sharpe submitted no written comment on the application, however Denise Deneaux submitted public comment on behalf of Stracker Solar. The appeal application, submitted by a representative of Stracker Solar in the name of Jeff Sharpe, included no statements demonstrating the person filing the notice of appeal has standing to appeal, nor was there a statement demonstrating that the appeal issues were raised PA-APPEAL-2022-00016 October 11,2022 Page 1 * during the public comment period, as required pursuant to AMC 18.5.1.050.G.2.c. For that reason, the appeal could beconsidered to have a jurisdictional defect and not be considered, however the Staff Advisor felt that the public was better served by hearing the appeal on its merits.It is understood thatthe comments received from Ms. Deneaux on behalf of Stracker Solar are the issues that have been preserved for the Stracker Solar / Jeff Sharpe appeal. 7)The Planning Commission, following proper public notice, held a public hearing on September 13, 2020. Public testimony was received,and exhibits were presented. 8)The criteria of approval for Site Design Revieware described in Ashland Municipal Code (AMC) 18.5.2.050 which state that the approval authority shall approve an application only where allthe following criteria are met: An application for Site Design Review shall be approved if the proposal meets the criteria in subsections A, B, C, and D below. The approvalauthority may, in approving the application, impose conditions of approval, consistent with the applicable criteria. A.Underlying Zone. The proposal complies with all of the applicable provisions of the underlying zone (part18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B.Overlay Zones. The proposal complies with applicable overlay zone requirements (part18.3). C.Site Development and Design Standards. The proposal complies with the applicable Site Development and Design Standards of part18.4, except as provided by subsection E, below. D.City Facilities. The proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, and adequate transportation can and will be provided to the subject property. E.Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and DesignStandards of part18.4if the circumstances in either subsection 1, 2, or 3, below, are found to exist. 1.There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and * c.Content of Notice of Appeal.The notice of appeal shall be accompanied by the required filing fee and shall contain. i.An identification of the decision being appealed, including the date of the decision. ii.A statement demonstrating the person filing the notice of appeal has standing to appeal. iii.A statement explaining the specific issues being raised on appeal. iv.A statement demonstrating that the appeal issues were raised during the public comment period. PA-APPEAL-2022-00016 October 11,2022 Page 2 Design; and the exception requested is the minimum which would alleviate the difficulty; 2.There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards; or 3.There is no demonstrable difficulty in meeting the specific requirements for a cottagehousing development, but granting the exception will result in a design that equally or better achieves the stated purpose of section18.2.3.090. 9)The criteria of approval for a CUP are described in Ashland Municipal Code (AMC) 18.5.4.050 which state that the approval authority shall approve an application only where all the following criteria are met: 1.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. 2.That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 3.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, pursuant with subsection18.5.4.050.A.5, below. 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. a.Similarity in scale, bulk, and coverage. b.Generation of traffic and effects on surrounding streets.Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c. Architectural compatibility with the impact area. d.Air quality, including the generation of dust, odors, or other environmental pollutants. e.Generation of noise, light, and glare. f.The development of adjacent properties as envisioned in the Comprehensive Plan. g.Other factors found to be relevant by the approval authority for review of the proposed use. 4.A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. 5.For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows. f. E-1.The general office uses listed in chapter18.2.2Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all PA-APPEAL-2022-00016 October 11,2022 Page 3 ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, and MiscellaneousExhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to rendera decision based on the application, previous findings, Staff Report, public hearing testimony, and the exhibits received. 2.2 The Planning Commission notes that electrical charging station for cars is not a use in the Land Use Ordinance. The Planning Commission finds that an ‘electrical charging station’ is a ‘vehicle fueling station’ which is a conditionally allowed use in the E-1 zone. 2.3The Planning Commission finds that the applicationwasdeemed complete on July 18, 2022, and notice was both posted at the frontage of the subject property and mailed to all property owners within 200-feet of the subject property. The Planning Commission further finds that the application was approved by the Staff Advisor on August 9, 2022, with a 12-day appeal period which extended through August 22, 2022. 2.4 The Planning Commission finds that AMC Title 18 Land Use regulates the development of land to carry out the pattern envisioned by the Comprehensive Plan and to encourage efficient use of land resources among other goals. When considering the decision to approve or deny an application the Planning Commission considers the application materials against the relevant approval criteria in the AMC. The Planning Commission finds that the proposal for Site Design Review and a Conditional Use Permit meets all applicable criteria described in sections 18.5.2.050 and 18.5.4.050. 2.5 The Planning Commission finds that there is substantial evidence in the record to make findings that each of the approval criteria have been met as demonstrated in the staff report dated September 13, 2022 prepared for this appeal, the original findings approving the application, and the application materials themselves. each of which are hereby incorporated herein by their references as if set out in full. 2.5.1 The Planning Commission finds that the vehicular charging station is not a PA-APPEAL-2022-00016 October 11,2022 Page 4 prohibited use within the zone, and the use is in conformance with all standards within the zoning district, and in conformance with the Comprehensive Plan. 2.5.2 The Planning Commission finds that the capacity of City facilities for water, sewer, electricity, urban storm drainage, and transportation, is adequate to serve the property and the proposed vehicular charging station use. 2.5.3 The Planning Commission finds that the vehicular charging station as proposed 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. 2.6 The Planning Commission finds that on August 22, 2022, prior to the end of the appeal period, the appeal application, submitted in the name of Jeff Sharpe, was submitted by a representative of Stracker Solar. In the proceedings below Denise Deneaux submitted public comment on behalf of Stracker Solar. The Planning Commission finds that Stracker Solar /Jeff Sharpe have standing to appeal. 2.7 The Planning Commission finds that the notice of appeal identified the following issues on appeal: We urge the city to look at decisions made today that will affect future electrical projects Clover Lane is a crowded street and not at all an ideal location to send more traffic This is a Tesla only charging station that only benefits Tesla and none of our local car dealerships. 2.7.1 The Planning Commission notes that the appeal application supplies a field for the applicable criteria or procedure in the Ashland Municipal Code that was violated, these were left blank. Nowhere in the appeal materials are there citations to specific criteria or procedures that are alleged to be violated. The Planning Commission therefore presumes that the first item relates to AMC 18.5.4.050.A.2 (adequate capacity of City facilities), and that the second item relates to AMC 18.5.4.050.A.3.b (generation of traffic), in the alternative it could relate to AMC 18.5.2.050.D (adequate capacity of City facilities and adequate transportation). The Planning Commission notes that the third assignment of error does not appear to relate to any approval criterion. 2.7.2 The Planning Commission notes thatthe first assignment of error is regarding adequate capacity of City facilities, specifically electrical. The Planning Commission notes that there is a memo in the record from the Department head of the Electrical Department explaining that an engineering firm examined the expected demand under full load and extreme weather conditions and made a single recommendation to upgrade two spans of overhead conductor. The Planning Commission further notes that the Electrical Department is already planning on installing these upgrades in additions to other improvements in the area with planning already underway. The Planning Commission finds that there is substantial evidence in the record that there will be adequate capacity of City facilities. The Planning Commission denies the first assignment of error. 2.7.3 The Planning Commission notes that the second assignment of error is that Clover Lane is a crowded Street. The Planning Commission notes paved curb to curb width exceed PA-APPEAL-2022-00016 October 11,2022 Page 5 the standards for a neighborhood street, and further notes that while the Right-of-Way at the subject site is only 41’ the Planning Commission finds that this was improved in accordance with the approval PA#2003-112 and will not require additional ROW dedication or improvements. The Planning Commission denies the second assignment of error. 2.7.4 The Planning Commission notes that the third assignment of error is regarding the exclusivity to Tesla Vehicles. The Planning Commission finds that the exclusivity to Tesla vehicles is not relevant to any of the approval criteria. The Planning Commission denies the third assignment of error. 2.8 The Commission finds that the proposal satisfies the applicable approval criteria and that none of the appeal issues raised provide a basis to reverse the initial decision of the Staff Advisor. SECTION 3. DECISION 3.1 Based on the record of the Public Hearings on this matter, the Planning Commission concludes that the request for Site Design Review and Conditional Use Permit approvals are supported by evidence contained within the whole record. 3.2 The Planning Commission denies the appeal andre-affirms the Staff Advisor’s original approval of the application. 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 herein. 2)That all proposed signage be applied for through a separate ministerial permit 3)That prior to the issuance of the certificate of occupancy a.That the irrigation and landscaping has been installed according to the approved plan. October 11, 2021 Planning Commission Approval Date PA-APPEAL-2022-00016 October 11,2022 Page 6 INFORMATIONAL ONLY _________________________________ ORS 260.432 Quick Reference Restrictions on Political Campaigning for Public Employees Generally, ORS 260.432 states that a public employee* may not, while on the job during working hours, promote or oppose election petitions, candidates, political committee or ballot measures. Additionally, no person (including elected officials) may require a public employee (at any time) to do so. * A public employee includes public officials who are not elected, whether they are paid or unpaid (including appointed boards and commissions). As used in this Quick Reference We use the phrase advocate(s) a political position to mean promote or oppose an initiative, referendum or recall petition, candidate, political committee or ballot measure. The term mpartial means equitable, fair, unbiased and dispassionate. See the Secretary of States detailed manual on ORS 260.432 for specific factors to assist in ensuring impartiality in communications about ballot measures. It is posted on the website under Election Laws, Rules and Publications, Manuals and Tutorials. For more detailed information about ORS 260.432 and information about other election laws, contact: Elections Division phone 503-986-1518 Secretary of State fax 503-373-7414 255 Capitol St NE, Suite tty Salem, OR 97310 web www. oregonvotes.gov Prohibited Activities A public employee, while on the job during work hours may not: prepare or distribute written material, post website information, transmit emails or make a presentation that advocates a political position collect funds, prepare filing forms or correspondence on behalf of candidates or political committees produce or distribute a news release or letter announcing an elected officials candidacy for re-election (except for an elections official doing so as an official duty) or presenting an elected officials political position make outgoing calls to schedule or organize campaign events or other political activity on behalf of an elected official or political committee (however, a scheduler may, as part of official duties, take incoming calls about the officials availability and add an event to the schedule) grant unequal access to public facilities to candidates or political committees direct other public employees to participate in political activities, when in the role of a supervisor draft, type, format or edit a governing bodys resolution that advocates a political position (except to conform the resolution to a standard format) prepare or give recommendations to the governing body urging which way to vote on such a resolution sign such a resolution, except if the signature is only ministerial and clearly included to attest the board took the vote announce the governing bodys position on such a resolution to the media include the governing bodys position or vote on such a resolution in a jurisdictions newsletter or other publication A public employee who provides voter registration assistance under the federal National Voter Registration Act (NVRA) must not, when performing voter registration services, influence a clients political choices. This means no display of political preferences, including a restriction that no political buttons may be worn. ORS 247.208(3) Allowable Activities ring working hours may: A public employee, while on the job du prepare and distribute impartial written material or make an impartial presentation that discusses election subjects (using the guidelines provided in the Secretary of States detailed manual on ORS 260.432.) The Secretary of States Elections Division is also available for an advisory review of draft material about ballot measures produced by government agencies. perform standard job duties, such as taking minutes at a public meeting, maintaining public records, opening mail, inserting a proposed resolution into a board agenda packet, etc. impartially advise employees about possible effects of a measure, but not threaten them with financial loss to vote a particular way address election-related issues while on the job, in a factual and impartial manner, if such activity is legitimately within scope of employees normal duties as staff of an elected official, handle incoming calls about the officials availability for political events prepare neutral, factual information for a governing body to use in determining what position to take on an issue (planning stage of a governing bodys proposed issue before certified as a measure to a ballot is not subject to ORS 260.432) in a clerical manner, incorporate amendments into a finalized version of a governing bodys resolution on an issue respond to public records request for information, even if the material advocates a political position wear political buttons subject to applicable employer policies unless the public employee is providing voter registration services under NVRA, where additional restrictions apply - A public employee, on their own, off duty time, may send letters to the editor that advocate a political position and may participate in any other lawful political activity. It is advised that a salaried public employee keep records when appropriate in order to verify any such political activity that occurs while off duty. Prohibited and Allowable Activities for Elected Ofcials* *includes a person appointed to fill a vacancy in an elective public office Elected officials may : advocate a political position at any time. Elected officials are not considered apublic employee for purposes of ORS 260.432. ORS 260.432(4)(a). vote with the other elected officials of a governing body (such as a school board, city council or county commission) to support or oppose a measure, and publicly discuss such a votebut must not use the public employee staff time to assist in this, except for ministerial functions perform campaign activity at any time, however must take caution not to involve any public employees work time to do so Elected officials may not: in the role of a supervisor, request a public employeewhether the public employee is on or off dutyto perform any political activity A request made by a person in a position of supervisor or superior is viewed as a command for purposes of this election law. have an opinion piece or letter advocating a political position published in a jurisdictions newsletter or other publication produced or distributed by public employees