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HomeMy WebLinkAbout2016-12-07 Historic PACKET HISTORIC COMMISSION MEETING AGENDA December 7, 2016 at 6:00 P.M. I. REGULAR MEETING - CALL TO ORDER: 6:00 p.m. SISKIYOU ROOM in the Community Development/Engineering Services Building, located at 51 Winburn Way II. APPROVAL OF MINUTES: Historic Commission regular meeting of November 2, 2016. III. PUBLIC FORUM: Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) IV. COUNCIL LIAISON REPORT: Carol Voisin V. DISCUSSION ITEMS: Continued discussion of proposed ordinance amendments for public art installations on historic contributing buildings with the Public Arts Commission. VI. PLANNING ACTION REVIEW PLANNING ACTION: PA-2016-01947 SUBJECT PROPERTY: 549 Fairview OWNER/APPLICANT: James Williams/Bob Haxton DESCRIPTION: A request for a Site Design Review to allow for the construction of a 499 square foot second dwelling unit on the subject property. The proposed structure will be two stories with a single car garage located on the first floor and the dwelling unit on the second floor. COMPREHENSIVE PLAN DESIGNATION: Low Density Multiple-Family Residential; ZONING: R-2; 39 1E 09CA; TAX LOT: 14100. PLANNING ACTION: PA-2016-02095 SUBJECT PROPERTY: 563 Rock Street OWNER: Michael & Maxine McNab APPLICANT: Advantage Building & Design DESCRIPTION: A request for a Site Design Review to allow for the construction of a 990 square foot second dwelling unit at 563 Rock Street. The project involves restoring the existing historic contributing residence and the construction of a new second dwelling unit located off of Maple Street. The proposal also requests an Exception to Site Development and Design Standards to allow for a parking buffer less than eight feet from a residential structure. Seven non-hazardous trees are proposed for removal from the subject property as part of the application. COMPREHENSIVE PLAN DESIGNATION: Low Density Multiple-Family Residential; ZONING: R-2; 39 1E 05 DA; TAX LOT: 5200. PLANNING ACTION: PA-2016-02103 SUBJECT PROPERTY: 133 Alida Street OWNER/APPLICANT: Mike and Karen Mallory, trustees for the Mallory Revocable Trust DESCRIPTION: A request for Site Design Review approval to construct a 417 square foot Accessory Residential Unit for the property located at 133 Alida Street. The application includes requests for Exception to the Site Development and Design Standards for the placement and screening of parking relative to the Accessory Residential Unit. (The proposal is based upon designation of Alida Street as the front lot line which house on the property.) COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R- 2; 39 1E 09DA; TAX LOT: 3300. PLANNING ACTION: PA-2016-02201 SUBJECT PROPERTY: 221 Oak Street OWNER: Spartan Ashland Natalie Real Estate, LLC APPLICANT: Bemis Developments, Inc. DESCRIPTION: A request for a modification of previously approved Planning Action #2015-01517 for the property located at 221 Oak Street. The modifications requested include: 1) relocation of the recreation area to the east side of the property, between 209 and 221 Oak Street; 2) relocation of the new cottage to the west side of the property, in the previously approved recreation area; 3) the addition of four new parking spaces; 4) the removal of one tree (Tree #1), the large cedar located at the northeast corner of the property near the driveway entrance; and 5) modifications to the design of the home being reconstructed at 221 Oak Street including the exterior treatment and roof pitch. Also requested is an Exception to the Solar Setback requirement to allow the reconstructed home at 221 Oak Street to cast a shadow on the property to the north greater than would be cast by a six-foot fence built on the property line. The owner of the property to the north has agreed to the proposed Exception. (The previous approval granted Outline & Final Plan, Site Design Review, Conditional Use Permit, Variance, Exceptions and Tree Removal Permit approvals for the properties at 209-221-225 Oak Street and 11 B Street.) COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; 39 1E 09BB; TAX LOTS: 15900. VII. COMMISSION ITEMS NOT ON AGENDA: 165 Water presentation VIII. NEW ITEMS: Review board schedule Project assignments for planning actions thth Historic Preservation Week: May 14 20 2017 Banner info IX. OLD BUSINESS: X. ADJOURNMENT: ASHLAND HISTORIC COMMISSION DRAFT Meeting Minutes November 2, 2016 Community Development/Engineering Services Building 51 Winburn Way Siskiyou Room CALL TO ORDER: Commission Chair, Shostrom called the meeting to order at 6:01pm in the Siskiyou Room at the Community Development and Engineering Offices located at 51 Winburn Way, Ashland OR 97520. Commissioners Present: Council Liaison: Shostrom Carol Voisin Skibby Leonard Staff Present: Whitford Mark Schexnayder; Staff Liaison Emery Regan Trapp; Secretary Swink Von Chamier Commissioners Absent: Giordano APPROVAL OF MINUTES: Swink motioned to approve minutes from October 5, 2016. Leonard seconded. Voice vote; All AYES. Motion passed PUBLIC FORUM: There was no one in the audience wishing to speak. COUNCIL LIAISON REPORT: Voisin gave the Council Liaison report. Items discussed were: th The City Hall discussion is coming back to City Council meeting on Dec 20. Voisin stated that she will ask if this discussion can be moved to a later date. The Schaeffer case has been settled. th The removal of trees at Lithia Way/Pioneer moved to Dec 20 meeting. th Council will review removing public art from Chapter 18 on Nov 15 at 7PM. Historic Commission is encouraged to come. Winter shelter for the homeless has been approved for Tue/Thurs evenings (Pioneer Hall) and Sunday may be added as well. Council considered and passed a motion to purchase land necessary for the Washington Street extension. cost $331,000. This is an 800 foot street that comes out on Tolman Creek Rd and will come to a cost of about 2 million dollars. Council wanted change their mind. Electricity will increase 7% for rates and 1.50 for the base charge to eventually reach 14.00. This is called cost of service for the operations of the electric department and the Council will have to vote on this. DISCUSSION ITEMS: Continued discussion of proposed ordinance amendments for public art installations on historic contributing buildings. Shostrom gave a brief history on the relationship of the PAC and the Historic Commission and what has happened in the past year. The Historic Commission (HC) had a lengthy discussion which included many positive comments including 1) appreciation that the draft ordinance include HC review both early (call for artists) and later in the public art process (public art concepts) for proposals in the historic districts, 2) that Section f reflects suggestion 4 of hen concepts for public art in or near a historic district are being considered for final approval HC written input should be requested by the PAC and linked to online n the Earthly Goods corridor public art process including the Public Arts Commission Chair presenting the RFP and the opportunity for the HC to review and comment on the RFP Draft AMC 2.29.165 · Section A: Call for artists (call for entries, RFQ, RFP) artist to all public art in historic districts rather than limiting to listed or contributing structures. · Sections B - E change to public art installations on structures in historic districts permitted on noncontributing structures using process and standards outlined in sections B thru E. Prohibit public art installations on individually listed or historic contributing structures. The HC concern is that painting or attaching public art to a historic contributing building permanently alters the building materials, structure and/or architectural features. Additionally, the HC discussed that public art, like buildings, can be in place for long periods of time and therefore a change to a historic contributing structure can last a generation or more. Cities in Oregon such as Portland, Salem and Milwaukie prohibit public art installations on historic contributing g buildings to address potential damage to buildings, changes to architectural features, and broader concerns regarding degree of change in nature or character of the historic districts as a whole. · B.3 advertisements) may be professionally restored but shall not be painted over, even if faded. · Section C Item 1: Scale replace with criteria from AMC 2.29.130.B.6 in a site where it is overwhelmed or competing with the scale of the site, adjacent architecture, Items 5-7 move items 5-7 to section B. · Section E - increase notice are to 300 feet of the perimeter of the subject site. · Section F Public art concepts (public art proposals) Art Commission shall be provided with 45 days of delivery of the artists concepts to the Other · Historic Commission Powers and Duties Add review of public art to list of items the Historic Commission reviews (2.24.040) Clarify that public art sited or installed on structures includes murals and pieces affixed to a structure. There was a straw vote (4-3 to not allow public art installations on any buildings in historic district) The following Commissioners were in favor: o Shostrom, Skibby, Leonard, and Swink. The following Commissioners were against: o Whitford, Von Chamier, and Emery. 5-2 only allow public art installations on noncontributing buildings. The following Commissioners were in favor: o Shostrom, Swink, Emery, Von Chamier, and Whitford. The following Commissioners were against: o Skibby and Leonard. Ms. Harris interjected and let the Commission know that in the Downtown Historic District 28% of the buildings are noncontributing and 72% are contributing (section B-E). There were some questions from Leonard about increasing the noticing area to 300 feet (Section E). Ms. Harris explained that 200 feet would be consistent with land use application notices. NEW ITEMS: Review board schedule Commission adjourned before this item could get done. Trapp will send the schedule through email. Project assignments for planning actions This item did not get taken care of and will be pushed to the next meeting. thth Historic Preservation Week: May 14 20 2017 was the date decided for this event. OLD BUSINESS: No old business to discuss. COMMISSION ITEMS NOT ON AGENDA: There were no items to discuss. Review Board Schedule Nov 3rd Terry, Keith, Bill Nov 10th Terry, Taylor, Sam Nov 17th Terry, Taylor, Sam Weds Nov 23rd Terry December 1st Terry, Bill, Piper December 8th Terry, Bill, Keith Project Assignments for Planning Actions PA-2014-01956 Lithia & First All PA-2014-00710/711 143/135 Nutley Swink & Whitford PA-2014-01283 172 Skidmore Shostrom PA-2014-02206 485 A Street NEED ASSIGNED PA-2015-00178 156 Van Ness Ave Shostrom PA -2015-00374 160 Lithia Way Emery PA-2015-00878 35 S. Pioneer NEED ASSIGNED PA-2015-01496 35 S. Second-Winchester Inn Shostrom PA-2015-01695 399 Beach Skibby PA-2015-01769 860 C NEED ASSIGNED PA-2015-01517 209 Oak Shostrom PA-2015-02203 868 A Street Whitford PA-2016-00073 151 Pioneer Swink PA-2016-00275 574 Allison Emery PA-2016-00387 95 N. Main Shostrom PA-2016-00763 5 N. Main Swink PA-2016-00209 25 N. Main NEED ASSIGNED PA-2016-00818 175 Pioneer Shostrom & Skibby PA-2016-00847 252 B Street Whitford PA-2016-00587 872 Siskiyou Blvd Skibby PA-2016-01027 276 B Street Shostrom & Leonard PA-2016-01641 221 Oak Street Shostrom ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting is scheduled December 7, 2016 at 6:00 pm There being no other items to discuss, the meeting adjourned at 8:05pm Respectfully submitted by Regan Trapp Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 NOTICE OF APPLICATION PLANNING ACTION: PA-2016-01947 SUBJECT PROPERTY: 549 Fairview OWNER/APPLICANT: James Williams/Bob Haxton DESCRIPTION: A request for a Site Design Review to allow for the construction of a 499 square foot second dwelling unit on the subject property. The proposed structure will be two stories with a single car garage located on the first floor and the dwelling unit on the second floor. COMPREHENSIVE PLAN DESIGNATION: Low Density Multiple-Family Residential; ZONING: R-2; 39 1E 09CA; TAX LOT: 14100. NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday December 7, 2016 at 7:00PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, December 8, 2016 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: November 29, 2016 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 13, 2016 The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. Document1 SITE DESIGN AND USE STANDARDS 18.5.2.050 The following criteria shall be used to approve or deny an application: A. Underlying Zone: The proposal complies with all of the 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 18.4 if the circumstances in either subsection 1 or 2, 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.; or 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. TREE REMOVAL PERMIT 18.5.7.040.B 1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.10. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. Document1 Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 NOTICE OF APPLICATION PLANNING ACTION: PA-2016-02095 SUBJECT PROPERTY: 563 Rock Street OWNER: Michael & Maxine McNab APPLICANT: Advantage Building & Design DESCRIPTION: A request for a Site Design Review to allow for the construction of a 990 square foot second dwelling unit at 563 Rock Street. The project involves restoring the existing historic contributing residence and the construction of a new second dwelling unit located off of Maple Street. The proposal also requests an Exception to Site Development and Design Standards to allow for a parking buffer less than eight feet from a residential structure. Seven non-hazardous trees are proposed for removal from the subject property as part of the application. COMPREHENSIVE PLAN DESIGNATION: Low Density Multiple-Family Residential; ZONING: R-2; 39 1E 05 DA; TAX LOT: 5200. NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday December 7, 2016 at 7:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, December 8, 2016 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: November 29, 2016 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 13, 2016 The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning g of final decision. (AMC 18.5.1.050.G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. G:\\comm-dev\\planning\\Planning Actions\\Noticing Folder\\Mailed Notices & Signs\\2016\\PA-2016-02095.docx SITE DESIGN AND USE STANDARDS 18.5.2.050 The following criteria shall be used to approve or deny an application: A. Underlying Zone: The proposal complies with all of the 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 18.4 if the circumstances in either subsection 1 or 2, 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.; or 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. TREE REMOVAL PERMIT 18.5.7.040.B 1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.10. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. G:\\comm-dev\\planning\\Planning Actions\\Noticing Folder\\Mailed Notices & Signs\\2016\\PA-2016-02095.docx Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 NOTICE OF APPLICATION PLANNING ACTION: PA-2016-02103 SUBJECT PROPERTY: 133 Alida Street OWNER/APPLICANT: Mike and Karen Mallory, trustees for the Mallory Revocable Trust DESCRIPTION: A request for Site Design Review approval to construct a 417 square foot Accessory Residential Unit for the property located at 133 Alida Street. The application includes requests for Exception to the Site Development and Design Standards for the placement and screening of parking relative to the Accessory Residential Unit. (The proposal is based upon designation of Alida Street as the front lot line which is consistent COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; MAP: 39 1E 09DA; TAX LOT #: 3300. NOTE: The Ashland Historic Commission will review this Planning Action on Wednesday December 7, 2016 at 7:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTE: The Ashland Tree Commission will review this Planning Action on Thursday, December 8, 2016 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: November 30, 2016 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 14, 2016 The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning s decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. G:\\comm-dev\\planning\\Planning Actions\\Noticing Folder\\Mailed Notices & Signs\\2016\\PA-2016-02103.docx SITE DESIGN AND USE STANDARDS 18.5.2.050 The following criteria shall be used to approve or deny an application: A. Underlying Zone: The proposal complies with all of the 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 18.4 if the circumstances in either subsection 1 or 2, 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.; or 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. ACCESSORY RESIDENTIAL UNITS 18.2.3.040 Where accessory residential units are allowed, they are subject to Site Design Review under chapter 18.5.2, and shall meet all of the following requirements. A. R-1 Zone. Accessory residential units in the R-1 zone shall meet the following requirements. 1. One accessory residential unit is allowed per lot, and the maximum number of dwelling units shall not exceed two per lot. 2. Accessory residential units are not subject to the density or minimum lot area requirements of the zone, except that accessory residential units shall be counted in the density of developments created under the Performance Standards Option in chapter 18.3.9. 3. The maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet GHFA. 4. The proposal shall conform to the overall maximum lot coverage and setback requirements of the underlying zone. 5. Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.4.3.040, except that parking spaces, turn-arounds, and driveways are exempt from the paving requirements in subsection 18.4.3.080.E.1. G:\\comm-dev\\planning\\Planning Actions\\Noticing Folder\\Mailed Notices & Signs\\2016\\PA-2016-02103.docx Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 NOTICE OF APPLICATION PLANNING ACTION: PA-2016-02201 SUBJECT PROPERTY: 221 Oak Street OWNER: Spartan Ashland Natalie Real Estate, LLC APPLICANT: Bemis Developments, Inc. DESCRIPTION: A request for a modification of previously approved Planning Action #2015-01517 for the property located at 221 Oak Street. The modifications requested include: 1) relocation of the recreation area to the east side of the property, between 209 and 221 Oak Street; 2) relocation of the new cottage to the west side of the property, in the previously approved recreation area; 3) the addition of four new parking spaces; 4) the removal of one tree (Tree #1), the large cedar located at the northeast corner of the property near the driveway entrance; and 5) modifications to the design of the home being reconstructed at 221 Oak Street including the exterior treatment and roof pitch. Also requested is an Exception to the Solar Setback requirement to allow the reconstructed home at 221 Oak Street to cast a shadow on the property to the north greater than would be cast by a six-foot fence built on the property line. The owner of the property to the north has agreed to the proposed Exception. (The previous approval granted Outline & Final Plan, Site Design Review, Conditional Use Permit, Variance, Exceptions and Tree Removal Permit approvals for the properties at 209-221-225 Oak Street and 11 B Street.) COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; MAP: 39 1E 09BB; TAX LOTS: 15900. NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday December 7, 2016 at 7:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, December 8, 2016 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: November 30, 2016 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 14, 2016 The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. G:\\comm-dev\\planning\\Planning Actions\\Noticing Folder\\Mailed Notices & Signs\\2016\\PA-2016-02201.docx OUTLINE PLAN APPROVAL 18.3.9.040.A.3 Approval Criteria for Outline Plan. The Planning Commission shall approve the outline plan when it finds all of the following criteria have been met. a. The development meets all applicable ordinance requirements of the City. b. Adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection, and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. c. The existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d. The development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. There are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f. The proposed density meets the base and bonus density standards established under this chapter. g. The development complies with the Street Standards. FINAL PLAN APPROVAL 18.3.9.040.B.5 Final Plan approval shall be granted upon finding of substantial conformance with the Outline Plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan meets all of the following criteria. a. The number of dwelling units vary no more than ten percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Ordinance. c. The open spaces vary no more than ten percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this ordinance and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the Street Standards. h. Nothing in this section shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. SITE DESIGN AND USE STANDARDS 18.5.2.050 The following criteria shall be used to approve or deny an application: A. Underlying Zone: The proposal complies with all of the 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 18.4 if the circumstances in either subsection 1 or 2, 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.; or 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. MINOR MODIFICATIONS 18.5.6.040 C. Minor Modification Approval Criteria. A Minor Modification shall be approved only upon the approval authority finding that all of the following criteria are met. 1. Minor Modification applications are subject to the same approval criteria used for the initial project approval, except that the scope of review is limited to the modification request. For example, a request to modify a commercial deve proposed parking lot and any changes to associated access, circulation, etc. Notice shall be provided in accordance with chapter 18.5.1. 2. A modification adding or altering a conditional use, or requiring a variance, administrative variance, or exception may be deemed a Major Modification and/or may be subject to other ordinance requirements. 3. The approval authority shall approve, deny, or approve with conditions the application, based on written findings; except that conditions of approval do not apply, and findings are not required, where the original approval was approved through a Ministerial review. EXCEPTION TO SOLAR SETBACKS 18.4.8.020.C C. Exceptions and Variances. Requests to depart from section 18.4.8.030 Solar Setbacks are subject to 18.4.8.020.C.1 Exception to the Solar Setback, below. Deviations from the standards in section 18.4.8.050 Solar Orientation Standards are subject to subsection 18.5.2.050.E Exception to the Site Development and Design Standards. 1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030 Solar Setbacks if the requirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist. a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties' deed, a release form supplied by the City containing all of the following information. i. The signatures of all owners or registered leaseholders holding an interest in the property in question. G:\\comm-dev\\planning\\Planning Actions\\Noticing Folder\\Mailed Notices & Signs\\2016\\PA-2016-02201.docx ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted. iii. A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held harmless for any damages resulting from the waiver. iv. A description and drawing of the shading which would occur. b. The approval authority finds all of the following criteria are met. i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. TREE REMOVAL PERMIT 18.5.7.040.B 1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.10. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. G:\\comm-dev\\planning\\Planning Actions\\Noticing Folder\\Mailed Notices & Signs\\2016\\PA-2016-02201.docx December 2016 Ashland Historic Review Board Schedule Meet at 3:00pm, Lithia Room* Terry, Bill, Keith December 8th December 15th Terry December 22nd Terry December 29th Terry January 5th Terry *Call 541-488-5305 to verify there are items on the agenda to review PROJECT ASSIGNMENTS FOR PLANNING ACTIONS PA-2014-01956 Lithia & First All PA-2014-00710/711 143/135 Nutley Swink & Whitford PA-2014-01283 172 Skidmore Shostrom PA-2014-02206 485 A Street NEED ASSIGNED PA-2015-00178 156 Van Ness Ave Shostrom PA -2015-00374 160 Lithia Way Emery PA-2015-00878 35 S. Pioneer NEED ASSIGNED PA-2015-01496 35 S. Second-Winchester Inn Shostrom PA-2015-01695 399 Beach Skibby PA-2015-01769 860 C NEED ASSIGNED PA-2015-01517 209 Oak Shostrom PA-2015-02203 868 A Street Whitford PA-2016-00073 151 Pioneer Swink PA-2016-00275 574 Allison Emery PA-2016-00387 95 N. Main Shostrom PA-2016-00763 5 N. Main Swink PA-2016-00209 25 N. Main NEED ASSIGNED PA-2016-00818 175 Pioneer Shostrom & Skibby PA-2016-00847 252 B Street Whitford PA-2016-00587 872 Siskiyou Blvd Skibby PA-2016-01027 276 B Street Shostrom & Leonard PA-2016-01641 221 Oak Street Shostrom 11/14/2016 Historic Commission Membership_Web.doc \\ @ashland.or.us Packets \\ Historic Commission \\ Mail - EAddress shobro@jeffnet.org kswink@mind.net skwhippet@mind.net terryskibby321@msn.com tomarch@charter.netbill@ashlandhome.nettttaylord1@yahoo.compiper@kencairnlandscape.comcarol@council.ashland.or.us mark.schexnayder@ashland.or.usregan.trapp Commissions & Committees \\ dev - 233 comm 20442 \\ -- G: WorkPhone 552552 HomePhone Membership List ASHLAND HISTORIC COMMISSION Mailing Address City of AshlandPlanning Dept.City of AshlandPlanning Dept. 88887 201201201201201201720192019 -------- 3030303030303030 -------- TermExpiration44444444 hitford arol Voisin NameDale ShostromChairmanKeith SwinkSam WTerry SkibbyTom GiordanoBill EmeryTaylor LeonardPiper Von ChamierCCouncil LiaisonMark SchexnayderRegan TrappAdmin. Staff