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Home My WebLink About2014-11-25 Planning PACKET Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. 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 SPECIAL MEETING NOVEMBER 25, 2014 AGENDA I. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street II. ANNOUNCEMENTS III. AD-HOC COMMITTEE UPDATES IV. CONSENT AGENDA A. Approval of Minutes 1. November 12, 2014 Regular Meeting. V. PUBLIC FORUM VI. TYPE II PUBLIC HEARING A. PLANNING ACTION: #2014-01837 SUBJECT PROPERTY: 95 Winburn Way (Ice Rink parking lot) OWNER/APPLICANT: City of Ashland, Ashland Parks & Recreation DESCRIPTION: A request for Site Review approval to place a canopy over the Ice Rink, a recreational facility within Lithia Park, located at 95 Winburn Way. The application includes requests for Exception to the Site Design and Use Standards (IV-C) and for a Variance to allow the canopy structure to be placed within the required ten-foot side yard setback along Winburn Way. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR’S MAP: 39 1E 09; TAX LOTS: Part of Tax Lot #100 (Lithia Park lot). 1. Adoption of Findings, PA-2014-01837, 95 Winburn Way 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 MINUTES November 12, 2014 CALL TO ORDER Chair Richard Kaplan called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Derek Severson, Associate Planner Richard Kaplan April Lucas, Administrative Supervisor Debbie Miller Melanie Mindlin Tracy Peddicord Lynn Thompson Absent Members: Council Liaison: None Mike Morris, absent ANNOUNCEMENTS Community Development Director Bill Molnar announced the December Study Session has been cancelled and the regular meeting on December 9 will include a public hearing for phase two of the First Place project and a discussion on Council’s strategic goals. AD-HOC COMMITTEE UPDATES Normal Neighborhood Plan Working Group: Commissioner Kaplan provided a brief update on the Normal Plan Working Group. He stated at the group’s next meeting on November 20 they will finalize their vision statement and recommendations to the City Council, which address: land use, housing densities, open space, design issues, and transportation. Kaplan added the vision statement and group’s recommendation will be presented to the City Council on December 2. Downtown Parking and Multi-Modal Committee: Commissioner Dawkins noted the group has been working with students from the University of Oregon and stated the key issues being reviewed are: 1) assessing the needs of all downtown users, 2) addressing the negative perception of conflicting users, 3) ensuring maximum utilization of existing facilities, and 4) incorporating bike and pedestrian infrastructure improvements in the downtown area. Dawkins stated it appears Ashland does not have a supply problem, but rather a utilization problem, and commented briefly on some of the strategies being discussed. CONSENT AGENDA A.Approval of Minutes 1. October 28, 2014 Special Meeting. Commissioners Miller/Brown m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed. \[Commissioner Kaplan abstained\] PUBLIC FORUM No one came forward to speak. Ashland Planning Commission November 12, 2014 Page 1 of 4 TYPE II PUBLIC HEARING A.PLANNING ACTION: #2014-01837 SUBJECT PROPERTY: 95 Winburn Way (Ice Rink parking lot) OWNER/APPLICANT: City of Ashland, Ashland Parks & Recreation DESCRIPTION: A request for Site Review approval to place a canopy over the Ice Rink, a recreational facility within Lithia Park, located at 95 Winburn Way. The application includes requests for Exception to the Site Design and Use Standards (II-C-1-a and IV-C ) and for a Variance to allow the canopy structure to be placed within the required ten-foot side yard setback along Winburn Way. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR’S MAP: 39 1E 09; TAX LOTS: Part of Tax Lot #100 (Lithia Park lot) Commissioner Kaplan read aloud the public hearing procedures for land use hearings. Ex Parte Contact Commissioners Mindlin, Miller, Dawkins, Brown, Kaplan, Thompson and Peddicord declared site visits; no ex parte contact was reported. Staff Report Associate Planner Derek Severson presented the staff report. He explained this application involves a portion of the Lithia Park parcel, which is 75.21 acres in size and includes city hall, the Chautauqua walk, Oregon Shakespeare Festival, Ashland Creek, both duck ponds, Winburn Way and Pioneer Street. Mr. Severson stated the portion involved in this application is the parking lot at the corner of Winburn Way and Nutley that serves as the location for the Ashland Rotary Centennial Ice Rink during the winter months. He stated the application is seeking site review approval to place a canopy over the ice rink, as well as an exception to the Site Design and Use Standards’ Historic District Development Standards and a variance to allow the canopy structure to be placed within the required ten-foot setback along Winburn Way. Mr. Severson reviewed the specific approval criteria and stated the primary issues raised by neighboring property owners are the increase in size from the previously used canopy and the glare from the white cover material. He explained the new canopy has increased 20 feet in length, 10 feet in width, and approximately 6 feet in height. Mr. Severson commented on the streetscape along Winburn Way and noted it is not a typical historical residential streetscape and displayed photos of the city buildings, private parking lots, café, and park buildings along this stretch of road. He also recited the recommendation from the Historic Commission to approve the application but limit the ice rinks reason to November through March 15 and provide a perimeter of screening on the lot and/or the neighboring lots to mitigate the concerns regarding glare. Mr. Severson concluded his presentation and stated staff believes the applicant has provided sufficient information to justify approval of the request provided that the proposed mitigation is installed. He clarified one of the neighbors has submitted a continuation request and recommended the Commission leave the record open and continue this matter to the November 25 Special Meeting. Questions of Staff Staff was asked whether the Historic Commission made any specific recommendations on the type of screening vegetation. Mr. Severson stated the Commission discussed various screening options, not just vegetative, but did not make a specific recommendation. He added the applicant is aware that the Planning Commission may request a landscape plan prior to making a decision. Staff was asked to comment on their position that a conditional use permit is not required. Mr. Severson stated parks and recreational facilities (as well as accessory uses to permitted public parks and recreational uses) are outright permitted in this zone and staff does not believe this action requires a separate conditional use permit. Applicant’s Presentation Michael Black/Ashland Parks & Recreation Director/Stated he has met with the neighbor who opposes the canopy and have reached a solution to address her issues, and added that he will be meeting with the property owners at 98 and 102 Granite soon. Mr. Black read aloud his proposed mitigation agreement (Exhibit P-16) which recommends 10-12 trees be installed between the park land and 94 Granite and to set a window of use for the canopy of November 1 to March 31. Mr. Ashland Planning Commission November 12, 2014 Page 2 of 4 Black commented on their application and stated that it is difficult to compare this to something else, which is generally what the Site Design & Use Standards do. He asked that the Commission approve their request with the proposed mitigation agreement and stated they could add a condition for the Parks & Recreation Department to work out the vegetative screening with the other two property owners. Stefani Seffinger/Parks & Recreation Commission Chair/Explained the ice rink cover is very important and the wider width allows spectators and parents to be under the cover while watching their children. Ms. Seffinger stated if the rink is not covered branches and leaves blow into the ice and could cause injury. Additionally, the new cover provides better visual clearance across the rink. She stated if the rink is not covered there is a great deal of time during the season that it is unusable. Questions of the Applicant The applicant was asked why the height of the canopy increased. Mr. Black explained the cover came pre-engineered and that height was necessary to withstand the loads. In regards to the canopy materials, he acknowledged that there may be glare issue and stated they are more than willing to take care of this, and believes the proposed mitigation measures will resolve this. Mr. Black was asked if a shade cloth could be placed over the top and he responded that this would impact the warranty of the structure and would look worse. He added snow load is another issue. The applicant was asked how much land at the top of the slope is owned by the City. Mr. Black clarified this area has been surveyed and there is plenty of room to plant the trees. He stated it varies, but the City owns 6-10 ft at the top of the slope. Mr. Black commented that they would be able to provide a detailed landscape plan before the next meeting. Public Input Lynn Spillman/98 Granite/Stated she is supportive of the ice rink, but the concerns and rights of the neighbors need to be respected. Ms. Spillman voiced her concern that they were not provided the opportunity to comment when the new cover went up last season. She thanked the Parks & Recreation Director for trying to provide some screening, but stated she does not believe that the canopy needs to be wider. She stated her preference would be for the canopy to not go up and for a more suitable one to be used instead. However, if approved, she asked that landscaping be provided (not just screening) and shared her concerns about erosion. Ruth Kennedy/94 Granite/Expressed her concerns with the process and stated a mistake was made when the Parks & Recreation Dept. failed to go through a process last year to allow the new canopy to go up. Ms. Kennedy stated the canopy’s footprint is 75% larger than the old cover and when she expressed her concerns she was told that it was the same size. She stated the Planning Division informed the applicant in May that they would need to go through this hearing, however they waited to submit their application until the season was upon them. She stated the burden should not be on the neighbors to force the proper process and to flush out the intent of the applicant. Ms. Kennedy recommended the application be denied. Brandon Nelson/627 Oak/Stated he plays recreational ice hockey and serves as a hockey instructor at the rink. Mr. Nelson stated the canopy greatly improves the condition of the ice and there were no closures last season unlike the previous years. He stated they need to keep the canopy up so the kids who enjoy their winter programs can count on the facility being open and usable. John Joynt/1949 Crestview/Shared his experience with the ice rink and stated the canopy has been very helpful in preserving the ice. He added the extra width allows him to enjoy watching his children skate even when it is raining out. JW Lyon/128 S Pioneer/Stated the ice rink is directly across the park from his home, and while they are used to hearing the noises in the park, and canopy is inconsistent with the park’s visual integrity. Mr. Lyon stated the park is beautiful to look at while the skating tent is huge, bright and ugly, and does not fit. He stated it has no historical reference even though it is located in a designated historic district. He asked the Commission to deny this application or require that they install a tent that is the same size as the one previously used. He also asked that the season be limited to mid-November to February. Ashland Planning Commission November 12, 2014 Page 3 of 4 Richard Hobbins/553 Suncrest, Talent/Stated he is the president of the Southern Oregon Adult Hockey Association and commented on the importance of this facility to the community. He stated there are a limited number of ice skating facilities in the valley and the use of this rink is very important to his organization. Mr. Hobbins stated without the canopy, the ice can be dangerous and added it was very difficult to keep the ice usable with the old cover. He stated the new canopy also allows them to keep their skating gear dry and warm. Edward Zobel/29 Granite/Stated his home is one block away from the ice rink and has skated at the rink under all the various conditions. Mr. Zobel stated a functional ice rink is a terrific asset to the community and the Commission should do whatever they can to appease the neighbor’s complaints. He explained rain ruins the condition of the ice and without a canopy leaves and branches fall on the ice and make for really bad skating. He stated the new cover is substantially better and protects the ice at the far end of the rink that is exposed to the sun. Mr. Zobel stated last year the condition of the ice was the best he has ever seen and without the cover the rink was unusable 25% of the season. Doug Smith/60 Granite/Agrees with the objections raised regarding the process and stated the neighborhood concerns should be considered. Mr. Smith voiced his support for the application and stated this is not a commercial activity, but rather a park-like activity and is appropriate at this location. He stated the reason for the larger cover is because the sun’s angle in the winter comes in from the side and melts the ice at certain times of the day, and because of those angles questioned the complaints about the glare. He added the length of the season should not be extended. Questions of Staff Mr. Molnar stated if there is any information the Commission would like provided before the continued hearing this is the time to request it. Commissioner Kaplan requested a landscaping plan be provided and information on whether it is supported by the neighbors; and Commissioner Brown requested a sun chart projection to ascertain whether glare is a valid issue. Commissioner Kaplan announced that the record will remain open and the public hearing on this matter will be continued to the November 25, 2014 Planning Commission Special Meeting. UNFINISHED BUSINESS Review of Report on Master Planning Approach. A. Community Development Director Bill Molnar provided a short review of the Planning Commission’s Report on the City’s master planning approach, and noted that this item will likely be presented to the City Council when the Commission provides their annual presentation in December. Commissioner Mindlin stated staff did a good job capturing their discussion and comments, but noted one small typographical error on page three; the last sentence of the bullet list should read “If densities are proposed that are different…” She also recommended that a sentence on page two be reworded to make it easier to understand. Commissioner Thompson questioned the section titles in the report and Mr. Molnar clarified the format was taken from the City Council’s standard council communication document. He added staff could create a separate cover memo and attach the report to resolve this issue. Commissioner Thompson also asked that “explained” be replaced with “examined” in the last sentence on page one. ADJOURNMENT Meeting adjourned at 8:30 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission November 12, 2014 Page 4 of 4 ASHLAND PLANNING DEPARTMENT STAFF REPORT – ADDENDUM 1 November 25, 2014 PLANNING ACTION: 2014-01837 APPLICANT: Parks & Recreation OWNERS: City of Ashland, Parks & Recreation LOCATION: 95 Winburn Way (Ice Rink/Parking Lot) Part of 39 1E 09 Tax Lot 100, the larger Lithia Park parcel ZONE DESIGNATION: R-1-7.5 COMP. PLAN DESIGNATION: Single Family Residential ORDINANCE REFERENCE: 13.16 Street Trees 18.20 R-1 Single Family Residential District 18.61 Tree Preservation and Protection 18.70 Solar Access 18.72 Site Design Review 18.88 Performance Standards Options 18.92 Parking, Access and Circulation 18.100 Variances 18.108 Procedures SDUS Site Design and Use Standards APPLICATION DEEMED COMPLETE ON: November 4, 2014 REQUEST: A request for Site Review approval to place a canopy over the Ashland Rotary Centennial Ice Rink, a recreational facility within Lithia Park, located at 95 Winburn Way. The application includes requests for Exception to the Site Design and Use Standards’ Historic District Development Standards (IV-C) and for a Variance to allow the canopy structure to be placed within the required ten-foot side yard setback along Winburn Way. I.Relevant Facts 1) Background - History of Application At the November 12, 2014 Planning Commission meeting, the public hearing on this matter was opened, testimony was received and exhibits were presented. Included in the materials submitted for Planning Commission consideration at the hearing was a request from neighbor Ruth Kennedy who asked that the record for the matter be held open for at Planning Action 2014-01837 Ashland Planning Department – Nov. 25 Staff Report Addendum / dds th Applicant: Ashland Parks & Recreation Page 1 of 8 least seven days to submit additional testimony, written argument and evidence. Ms. Kennedy also noted that pursuant to AMC 18.108.050.B.2., applications are to be heard at the “next regularly scheduled Commission meeting at least 30 days after the submission of the completed application.” Ms. Kennedy explained that the application should not have st been heard until at least 30 days after the October 21submission, and requested that the public hearing be continued to ensure that the hearing process complied with applicable procedural requirements. To address Ms. Kennedy’s requests and the procedural issue raised, the Commission continued the public hearing until the next regularly scheduling meeting on November 25, 2014. th 2) Detailed Description of Items Submitted During November 12 Hearing Letter from Chris Hearn for Ruth Kennedy and Jed & Celia Meese: A letter from Chris Hearn of Davis, Hearn, Anderson & Turner, Attorneys at Law was provided to th Commissioners at the November 12 hearing on behalf of his clients Ruth Kennedy (94 Granite Street) and Jed & Celia Meese (99 Granite Street). This letter expresses concern with the dramatic increase in the size, height, bulk and scale of the proposed canopy, suggesting that the original smaller canopy adequately served its purpose and that the new canopy represents a 72 percent increase in area and up to a 30 percent increase in height, is dissonant with the natural surroundings of Lithia Park and does not comply with the Historic District Design Standards. This letter also suggests that whether considered a public structure, temporary use or recreational facility, the canopy should be subject to the Conditional Use Permit process to allow consideration of the scale, bulk and coverage; architectural compatibility; and concerns associated with light and glare, and to provide for mitigation of negative impacts. Other items: Penelope Dews, Shoshanah Dubiner, Carolyn Brooks, Katie Ali, Olivia Norris, Leela Da Costa, Michelle Quinn, Gina Myers, Jaylee Nash, Rod & Susan Reid, Joanie Nissenberg, Patricia Sempowich and David Brennan submitted letters or e-mails asking that the application be approved. Proposed Mitigation Agreement: During the November 12, 2014 hearing, the applicant presented a “Proposed Mitigation Agreement” which was in the works with Ms. Kennedy, who resides above the subject property, at 94 Granite Street. While Ms. Kennedy continues to oppose the request, the following measures were proposed to mitigate impacts to her property in the event that the proposal should ultimately be approved. 1. Ashland Parks and Recreation will install a quantity of 10-12 English Yew trees on the Lithia Park property between 94 Granite Street and Lithia Park. Each tree will be at least 12 feet tall, unless not available within the region of the Willamette Valley to Southern Oregon, then the same trees at no less than 10 feet in height will be used. Installation shall be as soon as possible, and in any event shall be complete this calendar year. a. Trees will be installed, irrigated and maintained by the Parks Department. st 2. Ashland Parks and Recreation agrees to a window of use for the canopy of Nov. 1 st to March 31 perpetually by season. Planning Action 2014-01837 Ashland Planning Department – Staff Report / dds Applicant: Ashland Parks & Recreation Page 2 of 8 3. Ashland Parks and Recreation will work with the individual owners of 98 and 102 Granite Street to provide vegetative screening to mitigate the light and glare impacts imposed by the ice rink canopy. Additional Information Requested by Commissioners In their questions of staff and the applicant at the initial hearing on November 12, 2014 the Planning Commission indicated that they would like to see a landscape plan detailing the proposed mitigation plantings which would provide perimeter screening of the site. Commissioner Brown also indicated that it would be helpful if a sun chart were provided so that Commissioners could assess available solar access to the site during winter months to determine the degree to which glare is an issue. II. Project Impact Hearn Letter With regard to the concerns that the proposed canopy represents a significant increase in the size, height, bulk and scale over the original smaller canopy which adequately served the same purpose, that the new canopy is dissonant with the natural surroundings of Lithia Park and does not comply with the Historic District Design Standards, staff would note that the application includes a request for Exceptions to the Site Design and Use Standards’ Historic District Design Standards and provides the Commission the opportunity to consider whether allowing the increase is size, height, bulk and scale, and the dissonance with the National Register-listed Lithia Park and surrounding Skidmore Academy Historic District are merited by evidence in the record. The applicants and public testimony have suggested that the additional length and width of the canopy are necessary to provide full coverage for the now long-established rink use to protect spectators and skaters from the weather, to prevent debris from negatively affecting the quality and safety of the ice for those skating, and to limit weather-related closures, and that the additional height is necessary to accommodate anticipated snow loads based on an engineered design to prevent a recurrence of the destruction of the smaller cover which failed under a fallen tree during heavy snows in a winter storm. Hearn’s letter also argues that as a short-term, seasonal or intermittent use, the canopy is by definition in AMC 18.08.800 a temporary use and subject to a Conditional Use Permit. It emphasizes this point by noting that both the rink and the canopy are temporary structures which are removed seasonally, and that the canopy is incidental to the ice rink use; that within the R-1 zone, public structures and uses are subject to a Conditional Use Permit (18.20.030.D); that recreational uses and facilities including country clubs, golf courses, swimming and tennis clubs are conditional uses (18.20.030.E); and that all temporary uses are also conditional uses (18.20.030.M). The letter goes on to argue that while staff has suggested that the use is outright permitted under AMC 18.20.020.E which allows “public schools, parks and recreational facilities” and that these uses by their very nature include seasonal elements, “… most people wouldn’t consider parks or schools to be seasonal or temporary….” Staff continues to believe that public schools, parks and recreational facilities may include seasonal elements; a public school has an academic year which typically involves closure during several months each year, as well as athletic seasons for inter- and intra-mural sports which may involve the installation of different, Planning Action 2014-01837 Ashland Planning Department – Nov. 25 Staff Report Addendum / dds th Applicant: Ashland Parks & Recreation Page 3 of 8 sport-specific facilities and differing impacts to the surrounding neighborhood. And a public park may typically be expected to accommodate similar athletic seasons for baseball, softball, soccer or, in this instance, ice skating, and it may also accommodate other seasonal activities such as community gardens. In staff’s assessment, parks and recreational facilities in 18.20.020.E are considered separately from other public and public utility buildings, structures and uses in 18.20.030.D, and as such they cannot be put in that category of use simply by virtue of public ownership but must instead be considered for the full nature of their use. Similarly, the code implies a distinction between the public parks and recreational facilities, which are outright permitted, and other private or commercial recreational facilities and uses such as country clubs, golf courses, swimming clubs and tennis clubs which are conditional. For staff, AMC 18.20.020 provides that public schools, parks and recreational facilities and their accessory uses are clearly permitted outright, and both the rink and its cover, while they may be used seasonal, nonetheless fall under the umbrella of public parks and recreational facilities rather than as merely public structures, as private recreational facilities or as simply temporary uses. Staff would note that while Hearn’s letter suggests that the canopy should be subject to the Conditional Use Permit process in order to allow consideration of the scale, bulk and coverage; architectural compatibility; and concerns associated with light and glare, and to provide for mitigation of negative impacts, we believe that the current Site Review, Exception and Variance allow for similar consideration of the proposal in the context of its surroundings and for mitigation of the identified negative impacts associated with light and glare. Hearn’s letter concludes that should the Commission approve the request despite his arguments, that appropriate limitations should be imposed through conditions limiting the installation of the canopy to a period no longer than November 1 through May 1 and that appropriate mitigation measures to address glare be proposed. The proposed mitigation agreement, detailed further below, was prepared by the applicant through meetings with Hearn’s client Ruth Kennedy, and staff believes that it addresses the limitations requested. Proposed Mitigation Agreement During the November 12, 2014 hearing, the applicant presented a proposed mitigation agreement which was in the works with Ms. Kennedy, who resides at 94 Granite Street, directly above the subject property. While Ms. Kennedy continues to oppose the request, measures including the immediate planting, irrigation and perpetual maintenance of 10-12 English Yew trees; limitations on the period when the ice rink cover can be in place each season; and additional screening plantings to mitigate impacts to 98 and 102 Granite Street were proposed by the applicant to mitigate adverse impacts in the event that the proposal should ultimately be approved. As stipulations of the applicant, these proposed mitigation measures have been incorporated into the conditions recommended by staff below. In addition, the generic condition previously included to make the Historic Commission’s recommendations conditions of approval has been removed as their recommendations to mitigate the light and glare impacts and limit the season during which the cover would be in place are both addressed with the proposed mitigation agreement. Additional Information Requested by Commissioners Planning Action 2014-01837 Ashland Planning Department – Staff Report / dds Applicant: Ashland Parks & Recreation Page 4 of 8 In their questions of staff and the applicant at the initial hearing on November 12, 2014 the Planning Commission indicated that they would like to see a landscape plan detailing the proposed mitigation plantings which would provide perimeter screening of the site. The applicant has th indicated that this plan will be presented at the November 25 hearing. Commissioner Brown also indicated that it would be helpful if a sun chart were provided so that Commissioners could assess available solar access to the site during winter months to determine the degree to which glare might be an issue. In discussing preparation of a sun chart with Larry Giardina, the Conservation Analyst and Inspector who prepares sun charts for solar energy installations seeking incentives through the Conservation Division, he noted that preparation of a sun chart would require obtaining a bucket truck from the Electric Department to generate the necessary data from the proposed 31-foot height, but that having done analyses of buildings on Winburn Way in the recent past he believed that any structure that was 31 feet tall would have significant solar exposure even with the typical tree cover in the area and would result in the sort of glare suggested by the opponents on sunny winter days. III. Procedural - Required Burden of Proof ThecriteriaforSiteReviewapprovalfromtheSiteDesignReviewChapteraredetailedinAMC 18.72.070asfollows: AllapplicableCityordinanceshavebeenmetorwillbemetbytheproposeddevelopment. A. AllrequirementsoftheSiteReviewChapterhavebeenmetorwillbemet. B. ThedevelopmentcomplieswiththeSiteDesignStandardsadoptedbytheCityCouncilfor C. implementationofthisChapter. ThatadequatecapacityofCityfacilitiesforwater,sewer,pavedaccesstoandthroughthe D. development,electricity,urbanstormdrainage,andadequatetransportationcanandwill beprovidedtoandthroughthesubjectproperty.Allimprovementsinthestreetrightofway shallcomplywiththeStreetStandardsinChapter18.88,PerformanceStandardsOptions. TherequirementsforanExceptiontotheSiteDesignandUseStandardsaredetailedin AMC18.72.090asfollows: A.ThereisademonstrabledifficultyinmeetingthespecificrequirementsoftheSiteDesign andUseStandardsduetoauniqueorunusualaspectofanexistingstructureorthe proposeduseofasite;andapprovaloftheexceptionwillnotsubstantiallynegatively impactadjacentproperties;andapprovaloftheexceptionisconsistentwiththestated purposeoftheSiteDesignandUseStandards;andtheexceptionrequestedisthe minimumwhichwouldalleviatethedifficulty;or B.Thereisnodemonstrabledifficultyinmeetingthespecificrequirements,butgrantingthe exceptionwillresultinadesignthatequallyorbetterachievesthestatedpurposeofthe SiteDesignandUseStandards. TherequirementsforaVariancearedetailedinAMC18.100.020asfollows: A.Thatthereareuniqueorunusualcircumstanceswhichapplytothissitewhichdonot Planning Action 2014-01837 Ashland Planning Department – Nov. 25 Staff Report Addendum / dds th Applicant: Ashland Parks & Recreation Page 5 of 8 typicallyapplyelsewhere. B.Thattheproposal'sbenefitswillbegreaterthananynegativeimpactsonthe developmentoftheadjacentuses;andwillfurtherthepurposeandintentofthis ordinanceandtheComprehensivePlanoftheCity. C.Thatthecircumstancesorconditionshavenotbeenwillfullyorpurposelyselfimposed. IV. Conclusions and Recommendations In staff’s assessment, the applicant has demonstrated that the proposal can be found to satisfy the applicable Site Review approval criteria, other than those for which the Exception and Variance are requested. With regard to the Exception, staff believes there is demonstrable difficulty in meeting the standards due to unique and unusual aspects of the use of the site as an outdoor ice skating rink. The site was previously determined to be appropriate for the ice rink use as a seasonal recreational facility in Lithia Park largely because the existing parking lot accommodated the rink in already disturbed areas, without additional disruption of the natural areas of the park which are so important to its character, and to provide this wintertime amenity near the downtown. Once established, it became clear that weather could impact the viability of the use for skaters and spectators and that a cover was needed. The purpose of the rink requires a cover design much different than that of a residential building within the typical R-1-7.5 zoned historic neighborhood streetscape envisioned in the standards. The applicants and public testimony have suggested that the additional length and width of the canopy are necessary to provide full coverage for the now long-established rink use to protect spectators and skaters from the weather, to prevent debris from negatively affecting the quality and safety of the ice for those skating, and to limit weather-related closures, and that the additional height is necessary to accommodate anticipated snow loads based on an engineered design to prevent a recurrence of the destruction of the smaller cover which failed under the combined load of snow and a fallen tree during a winter storm. In staff’s view, a finding can be made that the design of the new rink cover was driven by these unique aspects of the ice rink use, and we believe the Land Use Ordinance makes provisions for Exceptions precisely for such circumstances, where the general standards adopted could not have envisioned every unique proposal within the Historic Districts. The design of a seasonal recreational facility, while out of context with a typical historic residential streetscape, may nonetheless merit an Exception as an amenity to provide for greater seasonal enjoyment within the broader context of a 75-acre park parcel on a residentially-zoned block that lacks any residences but includes a mix of parking lots, public buildings, a long-established café, a heavily treed riparian corridor and a steep hillside which separates it from the residences nearby. The primary negative impact noted for the proposal has been a concern that the white covering material may reflect sunlight, and the applicant has proposed to mitigate this potential negative impact with perimeter vegetative screening. For staff, approval of the Exception is consistent with the stated purpose of the Site Design and Use Standards, which is to, “regulate the manner in which land in the City is used and developed, to reduce adverse effects on surrounding property owners and the general public, to create a business environment that is safe and comfortable, to further energy conservation efforts within the City, to enhance the environment for walking, cycling, and mass transit use, and ensure that high quality development is maintained throughout the City.” The rink provides a seasonal recreational facility to enhance wintertime use of Lithia Park, with the hope that spectators and visitors will also patronize nearby downtown businesses during an otherwise slow season, and the Planning Action 2014-01837 Ashland Planning Department – Staff Report / dds Applicant: Ashland Parks & Recreation Page 6 of 8 cover proposed will further enhance the functionality of the rink while potential impacts are to be mitigated with screening. In staff’s view, the design of the cover is driven by the nature and context of the ice rink use as a seasonal recreational facility within Lithia Park, and the Exception to the Historic Design Standards requested to cover the rink during its five-month season is the minimum necessary to provide for this now long-established use. Staff similarly believes that a finding can be made that the requested setback Variance is necessitated by unique or unusual circumstances of the site which do not typically apply elsewhere. The site is located within an historic district and is part of the National Register of Historic Places-listed Lithia Park, and is between a steeply sloped hillside, a city street, and a fish- bearing riparian stream corridor and floodplain. In addition, it contains a parking lot in close proximity to the park and the nearby downtown which is in high demand during the peak season, but which sees significantly less demand during the late fall and winter. These constraints limit options for the use of the site, but lead to its selection for the rink use because the existing parking lot was adequately sized for the ice rink, was near the park and downtown, could accommodate the rink without imposing additional site disturbance in so sensitive an area, and retained the highly- valued public parking when it was needed while providing a recreational amenity to also benefit nearby businesses during the slower time of the year when those downtown to skate also stopped to dine and shop. While compliance with the setback could be achieved by shifting the rink cover further from the sidewalk to satisfy the setback requirement, this would shift disturbance onto the sensitive hillside above for a seasonal use. Simply reducing the area covered would also accommodate the setback requirement, however, because the rink itself is now permanently installed beneath the surface of the parking lot and does not need to comply with setbacks, placement of a cover to comply with the setback requirement would result in a loss of a significant measure of the protection that the canopy is intended to provide. Staff believes that the rink use can be found to be enhanced with the addition of the canopy, enabling it to remain open and draw more skaters during the season due to protection from the weather for skaters and spectators, less potential for debris on the ice to reduce its quality and safety, and to reduction in closures due to the weather. The proposal provide benefits to Lithia Park, the nearby downtown and the broader community in providing a seasonal recreational amenity that is sensitive to the park’s character, helps to lessen the impacts of a slower time of year for surrounding business, and which can be removed to provide much- needed parking during the remainder of the year. Staff believes that these are benefits which outweigh the potential negative impacts of the cover reflecting sunlight, and that the applicant will work to mitigate the glare with the proposed vegetative screening at the perimeter of the site. In staff’s view, the Variance requested can be found not to be willfully self-imposed, but instead a response to the unique combination of site constraints detailed above which, while they make the site well-suited to the rink use, limit the ability to shift the placement of the proposed canopy to comply with setbacks while still providing the desired coverage and limiting disturbance to already developed areas of the site. As before, staff remains supportive of the request. Should the Planning Commission concur, staff recommends that the following conditions be attached to that approval: Planning Action 2014-01837 Ashland Planning Department – Nov. 25 Staff Report Addendum / dds th Applicant: Ashland Parks & Recreation Page 7 of 8 1)That all proposals and stipulations contained within the application shall be conditions of approval unless otherwise specifically modified herein, including: a)That the applicants shall install perimeter landscaping to serve as a vegetative screen at the property line above the rink and/or other appropriate screening measures to reduce the visual impacts and minimize glare from the ice rink canopy cover. As proposed by the applicants after working with the owner of 94 Granite Street, this screening shall include the installation, irrigation and perpetual maintenance by the Parks Department of a quantity of 10-12 English Yew trees on the Lithia Park property between 94 Granite Street and Lithia Park. Each tree will be at least 12 feet tall, unless not available within the region of the Willamette Valley to Southern Oregon, then the same trees at no less than 10 feet in height will be used. This installation shall be completed during the current (2014) calendar year. b)That the Ashland Parks and Recreation Department will work with the property owners at 98 Granite Street and 102 Granite Street to provide vegetative screening to mitigate the light and glare impacts imposed by the ice rink canopy to these properties as well. c)That the annual period of use for the canopy shall be perpetually limited to Nov. stst 1 through March 31. The canopy shall be removed from the site for the remainder of each year. 2)That the applicant shall provide a plan for the review and approval of the Staff Advisor detailing the design, material and placement of any proposed temporary signage associated with operation of the ice rink and demonstrating compliance with the requirements of AMC Chapter 18.96. Planning Action 2014-01837 Ashland Planning Department – Staff Report / dds Applicant: Ashland Parks & Recreation Page 8 of 8 BEFORE THE PLANNING COMMISSION November 25, 2014 IN THE MATTER OF PLANNING ACTION #2014-01837, A REQUEST FOR ) SITE REVIEW APPROVAL TO PLACE A CANOPY OVER THE ASHLAND ) ROTARY CENTENNIAL ICE RINK, A RECREATIONAL FACILITY WITHIN ) LITHIA PARK, LOCATED AT 95 WINBURN WAY. THE APPLICATION ) FINDINGS, ALSO INCLUDES REQUESTS FOR AN EXCEPTION TO THE SITE DESIGN ) CONCLUSIONS AND USE STANDARDS’ HISTORIC DISTRICT DEVELOPMENT STANDARDS ) AND ORDERS IN SECTION IV-C AND FOR A VARIANCE TO ALLOW THE ICE RINK ) CANOPY STRUCTURE TO BE PLACED WITHIN THE REQUIRED TEN- ) FOOT SIDE YARD SETBACK ALONG WINBURN WAY. ) ) OWNER/APPLICANT : City of Ashland/Ashland Parks & Recreation Department ) ----------------------------------------------------------------------------------------------------------- ) RECITALS: 1)The project site is a portion of Tax Lot #100 of Map 39 1E 09, and is located at 95 Winburn Way, just north of the intersection of Winburn Way and Nutley Street. The Tax Lot’s zoning is split between C-1-D (Downtown Retail Commercial), R-1-7.5 (Single-Family Residential) and RR-.5 (Rural Residential), and the project site is located on the R-1-7.5 zoned portion of the larger Tax Lot. 2)The proposal involves a request for Site Review approval to place a canopy over the Ashland Rotary Centennial Ice Rink, a recreational facility within Lithia Park, located at 95 Winburn Way. The application includes requests for Exception to the Site Design and Use Standards’ Historic District Development Standards (IV-C) and for a Variance to allow the canopy structure to be placed within the required ten-foot side yard setback along Winburn Way. The site plan and building elevations are on file at the Department of Community Development. 3)The criteria for Site Review approval are described in AMC 18.72.070 as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right- of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. PA201401837 95WinburnWayIceRinkCover Page1 4)The criteria for Exception to the Site Design and Use Standards are described in AMC 18.72.090 as follows: A.There is a demonstrable difficulty in meeting the specific requirements of the Site Design and Use 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 Design and Use Standards; and the exception requested is the minimum which would alleviate the difficulty; or B. 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 Design and Use Standards. 5)The criteria for a Variance are described in AMC 18.100.020 as follows: A.That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. C. That the circumstances or conditions have not been willfully or purposely self-imposed. 6)The Planning Commission, following proper public notice, held a Public Hearing on November 12, 2014 at which time testimony was received and exhibits were presented. Included in the materials submitted for Planning Commission consideration at the hearing was a request from an opponent asking that the record for the matter be held open for at least seven days to submit additional testimony, written argument and evidence. The opponent also noted that pursuant to AMC 18.108.050.B.2., applications are to be heard at the “next regularly scheduled Commission meeting at least 30 days after the submission of the completed application.” She indicated that st the application should not have been heard until at least 30 days after the October 21 submission, and requested that the matter be continued to comply with this procedural requirement. To address these requests, the Commission continued the public hearing until its next regularly scheduling meeting on November 25, 2014 at which time additional testimony was received and exhibits were presented. Following the close of the hearing, the Planning Commission deliberated and approved the requested Site Review permit to place a canopy over the Ashland Rotary Centennial Ice Rink, a recreational facility located within Lithia Park at 95 Winburn Way; Exception to the Site Design and Use Standards’ Historic District Development Standards (IV-C); and Variance to allow the canopy structure to be placed within the required ten-foot side yard setback along Winburn Way subject to conditions pertaining to the appropriate development of the site. PA201401837 95WinburnWayIceRinkCover Page2 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, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the staff report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that because the proposal involves non-residential development in the form of a public building (i.e. a recreational facility in a public park), AMC 18.72.080.C.2 requires that the request be considered in light of the “Basic Site Review Standards for Commercial, Employment, and Industrial Development” detailed in Section II-C of the Site Design and Use Standards, and because the property is located within the local Skidmore Academy historic district, the application must also be considered in light of the Historic District Development standards found in Section IV of the Site Design and Use Standards. The Planning Commission further finds that the proposal for a Site Review permit to place a canopy over the Ashland Rotary Centennial Ice Rink, a recreational facility located within Lithia Park at 95 Winburn Way; Exception to the Site Design and Use Standards’ Historic District Development Standards (IV-C); and Variance to allow the canopy structure to be placed within the required ten-foot side yard setback along Winburn Way, meets all applicable criteria for Site Review approval described in Chapter 18.72.070, for Exception to the Site Design and Use Standards described in Chapter 18.72.090 and for Variance described in Chapter 18.100.020. 2.3 The Planning Commission finds that the existing outdoor ice skating rink use dates to 1996 following a grassroots community effort to develop an outdoor skating rink in Ashland. The ice rink initially began operations with a rink structure placed on top of the existing parking lot and a trailer placed on site annually to house on-site operations. In early 1999, a canopy structure was installed to cover the rink to ensure the quality of the ice and prevent closures due PA201401837 95WinburnWayIceRinkCover Page3 to rain. The Planning Commission finds that at this time, the Land Use Ordinance did not include clear requirements that Site Review approval was necessary to construct a recreational facility, an outright permitted use within the R-1-7.5 residential zone, and that the original canopy cover was approved with the issuance of Building Permit #9902006. The Commission further finds that the ice rink operated annually with the cover until 2007, when an oak tree fell during heavy snow and destroyed the structure. The rink continued to operate without a cover, and in 2008, was upgraded from using chilling equipment placed on top of the asphalt parking lot to installing permanent chilling apparatus beneath a new concrete surface for the parking lot. The Planning Commission finds that in 2013, the Parks Department proposed to construct a new cover for the ice rink and was advised by Planning staff that if the rink cover was to be essentially what was in place before it could continue as previously approved without the need for a land use application. Building Permit #2013-01217 was issued and the rink cover was installed for the 2013 season. The Commission further finds that subsequent to installation, a neighbor above the rink who had acquired their property in 2011, after the original cover was destroyed and removed but before the new cover was put in place to replace it, expressed concerns with the new cover’s installation without first obtaining land use approval. The Planning Commission finds that with code changes implemented in 2008, AMC 18.108.040.A.1.d.ii. now clearly requires that within residential zones, “All new structures or additions less than 10,000 square feet of gross floor area, other than single-family homes or accessory uses on individual lots” require Site Design Review, and that review of the current proposal through a land use action is therefore necessary. 2.4The Planning Commission finds that the subject property is a 75.21-acre parcel which is part of the larger (90+ acre) Lithia Park, and was acquired by the city as parks and open space consistent with the adopted Parks & Open Space Plan. The portion of the parent parcel involved in the request contains a public parking lot which is used during the spring and summer months and which, since 1996, has been converted to use as a community ice skating rink during the winter months. The ice rink is near the north end of Lithia Park and is housed within an existing public parking lot. The parking lot has a level concrete slab parking surface, with masonry retaining walls of varying heights up to four feet along the west and south sides. Access to the parking lot is from a single driveway entrance from Winburn Way near the northeast corner. The parking lot measures approximately 12,800 square feet and the ice rink portion is approximately 7,600 square feet. In late 2013, a number of column foundations were placed immediately behind the retaining wall, and within the adjacent landscaped areas and parking lot, to provide adequate structural anchoring of the new ice rink cover. The anchors within the parking lot are flush- mounted with the parking surface so as not to impede the use of the lot of the lot for parking during the spring and summer. PA201401837 95WinburnWayIceRinkCover Page4 Winburn Way, a Neighborhood Collector Street, is paved along the subject property’s full eastern frontage with curbs, gutters, curbside sidewalks and a parkrow/parking lot landscape buffer strip in place between the sidewalk and parking lot. Irrigated street trees in planters are in place during the parking lot’s use, but are removed when the ice rink and cover are in place. Nutley Street, a Neighborhood Street, is paved along the subject property’s full southern frontage with curbs, gutters and curbside sidewalks in place. Ashland Creek, a fish-bearing riparian stream, and the National Register of Historic Places-listed Lithia Park are located to the east across Winburn Way. Neither the floodplain or water resources protection zone for Ashland Creek extends onto the ice rink/parking lot site. Although the Lithia Park parcel is split-zoned, the ice rink/parking lot and surrounding properties are zoned R-1-7.5 (Single Family Residential). The rink site is also located within the historic Skidmore Academy District which extends uphill to the west into the Granite Street residential neighborhood. Topographically, there is a significant ridge separating the subject property from the homes on Granite Street, resulting in an elevation gain of approximately 24 feet between the ground level of the subject property and the backyards immediately above. 2.5The Planning Commission finds that the first criterion for Site Review approval is that, “All applicable City ordinances have been met or will be met by the proposed development.” The applicant asserts that to their knowledge, all city regulations are or will be complied with by the request except for those items for which Exceptions to the Site Design and Use Standards or Variances have been requested. The Planning Commission finds that while independent temporary or seasonal uses such as the Rogue Valley Growers and Crafters Market or the Lithia Artisans Market are considered conditional uses, parks and recreational facilities and their accessory uses are outright permitted uses within the R-1 districts, as detailed in AMC 18.20.020.E. The Commission further finds that public schools, parks and recreational facilities may include elements that are not necessarily in continuous use year round. A public school has an academic year which typically involves closure during several months each year, as well as athletic seasons for inter- and intra-mural sports which may involve the installation of different, sport-specific facilities with differing impacts to the surrounding neighborhood. A public park may typically be expected to accommodate athletic seasons for baseball, softball, soccer or, in this instance, ice skating, and it may also accommodate other activities such as community gardens, which while they are seasonal are still part of the broader parks use rather than becoming an independent temporary use simply by their seasonal nature. The Commission also finds that public parks and recreational facilities in AMC 18.20.020.E are considered separately from other public buildings, structures and uses in AMC 18.20.030.D, and as such they cannot be put in that category of use simply by virtue of public ownership. Similarly, the code implies a clear distinction between the public parks and recreational facilities, which are outright permitted, and other private or commercial recreational facilities and uses such as country clubs, golf courses, swimming clubs and tennis clubs which are conditional in AMC 18.20.030.E. The Planning Commission finds that AMC 18.20.020 provides that public schools, parks and recreational facilities and their accessory uses are clearly PA201401837 95WinburnWayIceRinkCover Page5 permitted outright, and that both the existing rink and the proposed cover, while they may not be in constant, year-round use, nonetheless fall under the broader umbrella of public parks and recreational facilities uses and cannot be considered with other public structures, private recreational facilities or independent temporary uses. While opponents have argued that the canopy should be subject to the Conditional Use Permit process in order to allow consideration of the scale, bulk and coverage; architectural compatibility; and concerns associated with light and glare, and to provide for mitigation of negative impacts, the Planning Commission finds that the current Site Review, Exception and Variance review allows for similar consideration of the proposal in the context of its surroundings and for mitigation of the identified negative impacts associated with light and glare. The Planning Commission further finds that within the historic district, building height is limited to 30 feet. For pitched roof structures such as the canopy proposed here, building height is measured as the average height of the highest gable to the ground level at the mid-point of each of the four sides of the structure. The Commission finds that while the peak of the canopy is at approximately 31 feet, 1 inch above the parking lot surface, the average height of the canopy’s four sides as measured by ordinance is 20 feet, 5 inches and thus complies with the district’s maximum height limitation. The Planning Commission further finds the proposal complies with Ashland’s Solar Access Ordinance, AMC 18.70, which provides that a property can shade the property to its north no more than would a six-foot fence constructed on the north property line. While the north property line for the purposes of solar access calculations is determined based on the northernmost point of the property, which for the parent Lithia Park property is actually at the front property line along East Main Street at City Hall, the building permit review nonetheless considered the shadow cast by the proposed rink canopy on the café property immediately to the north at 85 Winburn Way and found that based on a 22.3 foot height to natural grade (based on the approximate elevation of Nutley Street in the immediate vicinity) for the shadow producing point and a 2½ percent average slope to the north, the required solar setback was 33.96 feet where a 40-foot setback was being provided. The Commission finds that the second criterion for Site Review approval is that, “All requirements of the Site Review Chapter have been met or will be met.” The applicant notes that all requirements of the Site Review Chapter have been or will be complied with as part of the proposal. The Commission finds that the requirements of AMC 18.72 include that the site provide landscaping with irrigation consistent with the applicable standards, and that the existing landscaping, irrigation and outdoor storage comply with landscaping standards, and that no healthy trees, shrubs or other plant materials are to be damaged or removed with placement of the ice rink canopy structure. PA201401837 95WinburnWayIceRinkCover Page6 The Commission finds that commercial developments having a solid waste receptacle are to provide comparable recycling facilities for materials collected by the local solid waste franchisee, and that both facilities are to be screened to limit visibility from adjacent properties or public rights-of-way. The Commission finds that in this instance, the ice rink/parking lot does not have a receptacle for collection by the local solid waste franchisee, but that the public waste receptacles are consistent with those used elsewhere in Lithia Park and around the downtown and are emptied by the applicant into a screened solid waste receptacle elsewhere on city property. The Commission finds that the Site Review Chapter requires that there be no direct illumination of adjacent residential properties from the lighting associated with the project. The Commission finds that the ice rink/parking lot has permanent pedestrian scale lighting consistent with City of Ashland street lighting standards for historic areas along the street corridor and parking lot perimeter, and any other lighting will be placed so as not to directly illuminate adjacent residential properties. The Commission finds that the third criterion for approval of a Site Review permit is that, “The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter.” The applicant contends that all of the standards noted within the Site Design Standards are or will be complied with, other than those for which Exceptions have been requested. Orientation and Scale In considering the Basic Site Review standards dealing with “”, the application notes that the building is accessible by pedestrians and is oriented toward Winburn Way, which is considered to be a side yard. The application emphasizes that the structure is designed to provide functionality for pedestrians, and its entrance is clearly visible from the street, with existing sidewalks in place to provide direct pedestrian access. Streetscape In terms of the “” standards, the application explains that street trees are established on Winburn Way as part of the overall site planning of Lithia Park. The application further explains that the trees on the ice rink’s immediate frontage have been placed in large, mobile planters which are removed each year with installation of the canopy and replaced with its removal. The Planning Commission finds that the Tree Commission discussed the use of large mobile planters as an appropriate means to accommodate street trees in more urbanized areas in and around downtown at their June 5, 2014 meeting, and that these planters were noted as a specific example during that discussion. The Planning Commission finds that this street tree treatment is appropriate for the streetscape in this location. Landscaping Relative to the “” standards, the application indicates that the landscaping for Lithia Park has been established over a century of planning, implementation and maintenance, and that the area surrounding the site is a park with landscaping typical of the National Register of Historic Places- listed Lithia Park, which was recently also designated by the American Planning Association as one of its “Great Places in America 2014.” The Planning Commission finds that the landscaping, irrigation and outdoor storage on the ice rink/parking lot and throughout the park comply with these standards, and that no healthy trees, shrubs or other plant materials will be damaged or removed as a direct result of the placement of the ice rink canopy structure. PA201401837 95WinburnWayIceRinkCover Page7 Parking In considering the “” standards, the application explains that parking for the ice rink is available along Winburn Way within Lithia Park, and that well-established large deciduous and coniferous trees provide adequate buffering and screening. Designated Creek Protection With regard to the “” standards, the application notes that the proposed canopy to cover the ice rink is not within a designated creek protection area. The Commission finds that neither the floodplain nor the riparian water resources protection zone for Ashland Creek, which is located across Winburn Way from the ice rink/parking lot, extend onto the site, and further finds that the ice rink canopy does not alter the existing paved condition of the parking lot or of the adjacent street corridor. The application explains that a glare issue may occur at times on sunny days due to the size of the Noise and Glare white fabric surface of the canopy cover, and suggests that the “” standards are to be met with proposed mitigation measures detailed in an agreement reached with the neighbor at 94 Granite Street. This neighbor has expressed concern that at times the reflection from the canopy produces undesirable glare. The application recognizes that given the large area covered in a bright white material, reflected glare could at times be an issue on sunny days, and indicates that the applicant will install perimeter landscaping at the property line to mitigate the potential for glare. The agreement proposed would place 10-12 English Yew trees as screening plantings between the rink cover and the neighbor’s back property line, and would have the applicant work to reach similar agreements with two other neighboring property owners. The Planning Commission finds that the glare standard referenced in AMC 18.72.140 and reiterated in II-C-1f of the Site Design and Use Standards is intended to limit the direct illumination of adjacent residential properties by lighting installed in conjunction with development projects. The ice rink/parking lot has permanent pedestrian scale lighting consistent with City of Ashland street lighting standards for historic areas along the street corridor and parking lot perimeter, and any other lighting would be within the canopy cover or otherwise directed so as not to directly illuminate adjacent residential properties. The Commission finds that the applicant’s proposed mitigation of the impacts of light reflected from the canopy’s roof goes beyond the intent of the standard, but further finds that the proposed screening is an appropriate means to address the potential negative impacts associated with the canopy and any resulting reflected light. With regard to the Historic District Development Standards, the applicant indicates that the structure is not intended for permanent placement. The application goes on to note that the structure has been placed with height, scale, massing, setbacks, and relationship to surrounding structures, vegetation and topography in mind. The application explains that the structure remains open on four sides to provide shelter from the elements to shield skaters, spectators and the rink from falling snow, rain and debris, and that the design is intended to be low impact and to accommodate easy assembly and disassembly each year. The applicant requests Exception from the Historic District Development standards noting that the canopy proposed is a replacement for one which has been in place since 1999, and that the replacement structure is of the same design and color, only slightly larger (12 feet wider and three feet taller) but about 40 feet longer than the previous cover. The applicant further suggests that the proposed canopy structure and the use it supports are unique in the Historic District and that this makes the application of general development standards difficult. PA201401837 95WinburnWayIceRinkCover Page8 The Commission finds that after review of the proposal by the Historic Commission, they recommended that approval be granted subject to conditions requiring that: 1) the skating season where the cover would be in place be limited to no more than five months from November through March; and 2) mitigation of the visual, light and glare impacts associated with the proposed cover should be provided by the applicants on city property or on the adjacent neighbors’ properties to screen the structure and any glare generated. Subsequent to the Historic Commission’s recommendation, the applicant has stipulated that they would limit the canopy placement to the recommended five month period of use each year and has begun working with the neighbors on a proposed mitigation agreement to develop a plan for appropriate vegetative screening. The Commission finds that the final Site Review approval criterion is, “That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options.” The Commission finds that that all key facilities are available and have been extended to serve the site previously, that the application does not contemplate any new extension of services beyond those already in place, and that the Public Works, Engineering and Electrical Departments have reviewed the previous site plans and building permit submittals, and seen the canopy in place, and found that the utilities provided were of adequate capacity to serve the site and its proposed uses. The Commission finds that the applicant has demonstrated that the proposal satisfies the applicable Site Review approval criteria except for those items where Exceptions to the Site Design and Use Standards or Variances, discussed below, are requested. 2.6The Planning Commission finds that the proposal includes a request for Exception to the Site Design and Use Standards’ Historic District Development Standards found in Section IV-C. These standards are applicable to construction within the Historic Districts, and address building height, scale, massing, setbacks, roof forms, rhythm of openings, bases or platforms, building form, entrances, imitation of historic features, additions, and the placement of garages. The Commission finds that these standards generally seek development which fits into established historic development patterns in the context of the surrounding residential streetscape, buildings and land use patterns, and are described in narrative form with brief explanations for each in conjunction with simple illustrations, all of which consider the placement of permanent structures within their residential neighborhood streetscape context. The Commission further finds that AMC 18.72.0090, the Site Review Chapter specifically provides for exceptions to these standards when either of the following criteria is satisfied: “There is a demonstrable difficulty in meeting the specific requirements of the Site Design and Use 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 Design and Use Standards; and the exception requested is the minimum which would alleviate the difficulty;” PA201401837 95WinburnWayIceRinkCover Page9 Or that “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 Design and Use Standards.” The applicant emphasizes that while the structure is not a year-round recreational facility and not intended to be placed permanently, it was placed with consideration of its height, scale, massing and setbacks and the relationship to surrounding structures, vegetation and topography. The structure is noted as a canopy that is open on four sides while providing shelter from the elements by shielding the rink and its skaters and spectators from rain or snow. The structure itself is a steel frame with a white fabric cover, and the intent of the design is to be both low impact and easily assembled or disassembled. In requesting the Exception, the applicant notes that the proposed canopy is a replacement of a structure that has been in use on the site since 1998, and that is of similar design and color, and only slightly wider and taller although it is approximately 40 feet longer to provide full coverage of the rink for skaters and spectators. The applicant further suggests that the proposed canopy structure and the recreational use it supports are unique in the district and that this makes the application of generalized development standards intended to achieve design compatibility for permanent, primarily residential buildings difficult. The applicant emphasizes that the rink itself is 65 feet by 121 feet, and that providing a smaller structure would not satisfy the purpose of covering the rink to provide full protection from the elements. The applicant further notes that while the previous structure was smaller, there were problems with the lack of shelter it provided over the full rink surface. The proposed new cover addresses these problems. The applicant points out that the rink surface is approximately 30 feet below the elevation where homes sit along Granite Street on the hill above. The applicant notes that there has been some concern expressed by a neighbor with reflection from the canopy cover material, and they propose to mitigate this concern with the placement of landscape materials detailed in a proposed mitigation agreement to provide screening at the property line. They also emphasize that the elevation difference between properties provides some additional measure of buffering to supplement the proposed vegetative screening. The Commission finds that there is a demonstrable difficulty meeting the historic standards due to unique or unusual aspects of the existing ice rink and its continued use. The site was previously determined to be appropriate for the rink use as a recreational facility within the National Register-listed Lithia Park largely for the ability of the existing parking lot to accommodate the rink in already disturbed areas, without necessitating the disturbance of the natural areas of the park which are so important to its character, and to provide this wintertime amenity near the downtown. Once established, it became clear that weather could impact the viability of the use for both skaters and spectators and that a cover was needed to provide protection from the elements while allowing for continued use of the existing parking lot when the rink was not in place. PA201401837 95WinburnWayIceRinkCover Page10 The Commission further finds that the design of the rink cover has been driven by these unique aspects of the ice rink, and that the Land Use Ordinance makes provisions for Exceptions precisely for circumstances like this where generalized standards adopted cannot have envisioned each unique proposal. The Commission finds that the design of this recreational facility, which might be out of context within a typical historical residential neighborhood streetscape, merits an Exception as an amenity to provide for greater enjoyment of the park along a street which is not a typical residential neighborhood streetscape. The Commission finds that the primary negative impact identified for the proposed cover is a concern for the potential that the white cover material may reflect sunlight on sunny winter days, and the applicant has proposed to mitigate this potential negative impact with perimeter vegetative screening selected in cooperation with neighboring property owners. The Commission finds that the Exception requested is consistent with the stated purpose of the Site Design and Use Standards, which is to, “regulate the manner in which land in the City is used and developed, to reduce adverse effects on surrounding property owners and the general public, to create a business environment that is safe and comfortable, to further energy conservation efforts within the City, to enhance the environment for walking, cycling, and mass transit use, and ensure that high quality development is maintained throughout the City.” The rink provides a recreational facility to enhance wintertime use of Lithia Park, with the hope that spectators and visitors will also patronize nearby downtown businesses during what is for them an otherwise slow season, and the cover proposed will further enhance the functionality of this facility while the limited potential negative impacts are to be mitigated with the proposed vegetative screening. The Commission finds that the design of the proposed cover is driven by the nature and context of the long-established ice rink use as a recreational amenity within Lithia Park, and the Exception to the Historic Design Standards requested is the minimum necessary to support that use. The Commission further finds that after review of the proposal by the Historic Commission, they recommended that approval be granted subject to conditions requiring that: 1) the annual period of use where the cover would be in place be limited to no more than five months from November through March as the minimum window of use necessary to support the established ice rink’s historical annual period of use; and 2) mitigation of the visual, light and glare impacts associated with the proposed cover should be provided by the applicants on city property or on the adjacent neighbors’ properties to screen the structure and any glare generated. Subsequent to the Historic Commission’s recommendation, the applicant has stipulated that they would limit the canopy to the recommended five month window and has begun working with the neighbors to arrive at an agreement and develop a detailed plan to provide the recommended vegetative screening. 2.7The Planning Commission finds that the ice rink/parking lot is part of an irregularly- shaped, 75.21 acre parcel which includes City Hall, Chautauqua Walkway, portions of the Oregon Shakespeare Festival campus, and much of Lithia Park, and which is traversed by Ashland Creek as well as Winburn Way and Pioneer Street. The bulk of the property, including the ice rink/parking lot portion involved in the current request is zoned R-1-7.5 (Single Family Residential) although there is a portion at the north which includes City Hall that is within the C- PA201401837 95WinburnWayIceRinkCover Page11 1-D (Downtown Commercial) district and a small portion along the easternmost boundaries which is zoned RR-.5 (Rural Residential). The Commission further finds that, as defined by the Ashland Municipal Code, a lot has only one street fronting property line which is considered to be its front lot line (AMC 18.08.420). The line opposite and most distant from the front lot line (AMC 18.08.430) is considered the rear lot line. All other lot lines not considered a front or rear lot line are side lot lines (AMC 18.08.440). While the parent parcel’s sheer size, shape and the street rights-of-way traversing it make a typical lot line determination less straightforward than usual, the narrowest street-fronting lot line is at the northernmost area of the site, along East Main Street, and the southernmost lot line opposite and most distant would be the rear property line, rendering all other lot lines of the property side lot lines. Within the R-1-7.5 zoning district, side lot lines adjacent to a public street require a minimum ten-foot side yard be provided as detailed in AMC 18.20.040.D. The current request involves placement of the anchors for the ice rink’s covering canopy at approximately four feet behind the existing sidewalk, which represents an approximate 60 percent reduction in the side yard setback and necessitates a Variance. The first criterion for approval of a Variance is, “That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere.” The application explains that the site is located within the National Register of Historic Places-listed Lithia Park, and that the pre-existing parking lot was previously determined to be the most appropriate location for the ice rink through a grassroots effort to bring an outdoor ice rink to Ashland’s downtown core. The application emphasizes that this placement accommodates the rink in an area already developed with a parking lot, in an area of adequate size, and did not necessitate altering natural areas of the park. The parking lot was already paved and developed, and the rink use thus minimized disturbance while taking advantage of the reduced winter parking demand. The application emphasizes that the character of the park and the availability of an already developed area to accommodate the ice rink use, during a period of reduced parking demand, without disruption of the natural areas which largely define that character were unique or unusual circumstances which made the parking lot the most logical location for the rink, and that the location of the rink is the determining factor in the location of the cover. The application also points out that the portion of the park property containing the parking lot is itself unique or unusual in that the flat area of the property used for parking is surrounded on one side by a steep embankment and on the other by Winburn Way and Ashland Creek, a fish- bearing riparian corridor. Placement of the proposed cover in a manner which complied with the standard residential yard requirements would have entailed pushing the structure up the embankment, resulting in permanent impacts to the more sensitive sloped areas of the site which were to have been protected by limiting development to the existing parking lot, or reducing the area of the canopy to such a degree that it would provide less protection than needed to shelter the rink and its users. The second Variance approval criterion is, “That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and PA201401837 95WinburnWayIceRinkCover Page12 intent of this ordinance and the Comprehensive Plan of the City.” The application explains that the Ashland Rotary Centennial Ice Rink was established through a grassroots community effort to provide an outdoor skating rink in Ashland. At the time, it was hoped that the location could be in or near the downtown to provide easy access for patrons. The application also points out that the proximity of the rink to the downtown draws visitors to the downtown area at a slower time of year, with the hope that these visitors will shop and dine at nearby downtown businesses. The only negative impact identified is the potential for occasional reflection from the cover’s surface on sunny winter days, and the applicants have proposed to mitigate this with perimeter landscaping to provide vegetative screening. The application emphasizes that the rink provides a regional benefit as the only outdoor skating rink in the Rogue Valley, with the closest alternative located in Klamath Falls, and that this benefit translates locally to drawing nearly 15,000 visitors each year during what is otherwise a relatively slow time for surrounding businesses. The application explains that these visitors provide activity in the downtown and additional liveliness to Lithia Park in the winter months, and that the rink accommodates skating and hockey programs which have community and social benefits in providing children and adults with outdoor recreation opportunities to improve their physical and mental wellbeing. The final approval criterion for a Variance is, “That the circumstances or conditions have not been willfully or purposely self-imposed.” The application asserts that due to the unique nature of the site and the ice rink use detailed above, Ashland Parks and Recreation do not believe that the need for the Variance has been willfully or purposefully self-imposed. The Commission finds that there are has unique and unusual circumstances which do not typically apply elsewhere. The site is located within an historic district and is part of the National Register of Historic Places-listed Lithia Park, and is between a steeply sloped hillside, a city street, and a fish-bearing riparian stream corridor and floodplain. In addition, it contains a parking lot in close proximity to the park and the nearby downtown which is in high demand during the peak season, but which sees significantly less demand in fall and winter. The Commission finds that while these constraints limit options for the use of the site, they made it well-suited for the initial site selection of the rink use because the existing parking lot was adequately sized for the ice rink, was near the park and downtown, could accommodate the rink without additional disturbance in so sensitive an area, and retained the highly-valued public parking when it was needed while providing a recreational amenity that was hoped to also benefit nearby businesses during the slower time of the year when those downtown to skate also stopped to dine and shop. The Commission finds that compliance with the setback could be achieved by shifting the rink cover further back from the sidewalk to satisfy the setback requirement, but that this would necessitate disturbance of a sensitive hillside that was to have been protected by limiting the use of the site to the existing parking area, or by simply reducing the area covered to accommodate the setback requirement. However, because the rink itself is now permanently installed beneath the surface of the parking lot and does not need to comply with setbacks, placement of a cover to PA201401837 95WinburnWayIceRinkCover Page13 comply with the setback requirement would result in a loss of a measure of the protection that the canopy is intended to provide. The Commission finds that the rink use is enhanced with the addition of the canopy, enabling it to remain open and draw more skaters without needing frequent closures due to the weather. The Commission further finds that the proposal provides benefits to Lithia Park, the nearby downtown and the broader community in providing a recreational amenity that is sensitive to the park’s character, helps to lessen the impacts of a slower time of year for surrounding business, and which can be removed to provide much- needed parking during the remainder of the year. The Commission finds that these are benefits which outweigh the potential negative impacts of the cover reflecting sunlight, which are to be mitigated with the proposed vegetative screening. The Commission finds that the Variance requested can be found to be a response to the unique combination of site constraints detailed above which, while they make the site well-suited to the rink use, limit the ability to shift the placement of the proposed canopy to comply with setbacks, and the Variance request is therefore not willfully self-imposed. SECTION 3. DECISION 3.1Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the application for Site Review approval to place a canopy over the Ashland Rotary Centennial Ice Rink, Exception to the Site Design and Use Standards’ Historic District Development Standards (IV-C), and Variance to allow the canopy structure to be placed within the required ten-foot side yard setback along Winburn Way has satisfied all relative substantive standards and criteria and is supported by evidence in the record. The Commission finds that the application has satisfied the applicable Site Review approval criteria, except for those items for which the Exception and Variance have been requested. With regard to the Exception request, the Commission finds that there is a demonstrable difficulty in meeting the standards due to unique and unusual aspects the existing ice rink use. The site was previously determined to be appropriate for the ice rink use as a recreational facility in Lithia Park largely because the existing parking lot accommodated the rink in already disturbed areas, without additional disruption of the natural areas of the park which are so important to its character, and because it provided for this wintertime amenity so near the downtown. Once established, it became clear that weather could impact the viability of the use for skaters and spectators and that a cover was needed to provide protection from the elements. However, the cover would need to be constructed to protect skaters and spectators while allowing for continued use of the existing parking lot when the cover was removed each year, and to do so in the context of a recreational facility within Lithia Park. The Commission finds that the design of the new rink cover responds to these unique aspects of the ice rink, and further finds that the Land Use Ordinance makes provisions for Exceptions precisely for such circumstances, where the generalized standards adopted could not have envisioned every unique proposal within the Historic Districts and where the design of a recreational facility, while out of context with the typical historic residential neighborhood streetscape envisioned in the standards, may nonetheless merit an Exception to provide an amenity for greater public enjoyment within the broader context of a 75-acre park PA201401837 95WinburnWayIceRinkCover Page14 parcel on a residentially-zoned block that lacks any residences but includes a mix of parking lots, public buildings, a long-established café, and a heavily treed riparian corridor, and that is partly buffered from the nearest residences by a 20-30 foot ridge. The Commission finds that the primary negative impact identified with the proposal has been a concern for the potential for the white covering material to reflect sunlight, and the applicant has proposed to mitigate this potential negative impact with perimeter vegetative screening as detailed in the proposed mitigation agreement. The Commission further finds that approval of the Exception is consistent with the stated purpose of the Site Design and Use Standards, which is to, “regulate the manner in which land in the City is used and developed, to reduce adverse effects on surrounding property owners and the general public, to create a business environment that is safe and comfortable, to further energy conservation efforts within the City, to enhance the environment for walking, cycling, and mass transit use, and ensure that high quality development is maintained throughout the City.” The rink provides a recreational facility to enhance wintertime use of Lithia Park, with the hope that spectators and visitors will also patronize nearby downtown businesses during an otherwise slow season, and the cover proposed will further enhance the functionality of this facility while potential impacts are to be mitigated with proposed vegetative screening. The Commission finds that the design of the cover is driven by the nature and context of the long-established ice rink use as a recreational amenity within Lithia Park, and the exception to the Historic Design Standards requested is the minimum necessary to provide for this now long-established use. The Commission further finds that after recommendation by the Historic Commission that approval be granted subject to conditions requiring that: 1) the window where the cover would be in place be limited to no more than five months from November through March as the minimum window of use to accommodate the established rink’s historic period of use; and 2) mitigation of the visual, light and glare impacts associated with the proposed cover should be provided by the applicants on city property or on the adjacent neighbors’ properties to screen the structure and any glare generated, the applicant has stipulated that they would limit the canopy to the recommended five month window and has begun working with the neighbors to arrive at acceptable vegetative screening for the impacted properties. The Commission further finds that, like the Exception, the requested setback Variance is necessitated by unique and unusual circumstances of the site which do not apply elsewhere. The site is located within an historic district and is part of the National Register of Historic Places- listed Lithia Park, and is between a steeply sloped hillside, a city street, and a fish-bearing riparian stream corridor and floodplain. In addition, it contains a parking lot in close proximity to the park and the nearby downtown which is in high demand during the peak season, but which sees significantly less demand during the late fall and winter. These constraints limit options for the use of the site, but were considered ideal for the initial site selection of the rink use because the existing parking lot was adequately sized for the ice rink, was near the park and downtown, could accommodate the rink without imposing additional site disturbance in so sensitive an area, and retained the highly-valued public parking when it was needed while providing a recreational PA201401837 95WinburnWayIceRinkCover Page15 amenity to also benefit nearby businesses during the slower time of the year when those downtown to skate also stopped to dine and shop. The Commission finds that compliance with the setback could be achieved by shifting the rink cover further back from the sidewalk to satisfy the setback requirement, which would necessitate disturbance of a sensitive hillside, or by simply reducing the area covered to accommodate the setback requirement. However, because the rink itself is now permanently installed beneath the surface of the parking lot and does not need to comply with setbacks, placement of a cover to comply with the setback requirement would result in a loss of a measure of the protection that the canopy is intended to provide. The Commission finds that the rink use is enhanced with the addition of the canopy, enabling it to remain open and draw more skaters without needing frequent closures due to the weather. The Commission further finds that the proposal provides benefits to Lithia Park, the nearby downtown and the broader community in providing a recreational amenity that is sensitive to the park’s character, helps to lessen the impacts of a slower time of year for surrounding business, and which can be removed to provide much- needed parking during the remainder of the year. The Commission finds that these are benefits which outweigh the potential negative impacts of the cover reflecting sunlight, which are to be mitigated with vegetative screening. The Commission finds that the Variance requested is not willfully self-imposed, but is instead a response to the unique combination of site constraints detailed above which, while they make the site well-suited to the rink use, limit the ability to shift the placement of the proposed canopy to comply with setbacks while still providing the desired coverage and limiting disturbance to already developed areas of the site. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action # 2014-01837. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2014-01837 is denied. The following are the conditions and they are attached to the approval: 1)That all proposals and stipulations contained within the application shall be conditions of approval unless otherwise specifically modified herein, including: a)That the applicants shall install perimeter landscaping to serve as a vegetative screen at the property line above the rink and/or other appropriate screening measures to reduce the visual impacts and minimize glare from the ice rink canopy cover. As proposed by the applicants after working with the owner of 94 Granite Street, this screening shall include the installation, irrigation and perpetual maintenance by the Parks Department of a quantity of 10-12 English Yew trees on the Lithia Park property between 94 Granite Street and Lithia Park. Each tree will be at least 12 feet tall, unless not available within the region of the Willamette Valley to Southern Oregon, then the same trees at no less than 10 feet in height will be used. This installation shall be completed during the current (2014) calendar year. PA201401837 95WinburnWayIceRinkCover Page16 b)That the Ashland Parks and Recreation Department will work with the property owners at 98 Granite Street and 102 Granite Street to provide vegetative screening to mitigate the light and glare impacts imposed by the ice rink canopy to these properties as well. st c)That the period of use for the canopy shall be perpetually limited to Nov. 1 through st March 31. The canopy shall be removed from the site for the remainder of each year. 2)That the applicant shall provide a plan for the review and approval of the Staff Advisor detailing the design, material and placement of any proposed temporary signage associated with operation of the ice rink and demonstrating compliance with the requirements of AMC Chapter 18.96. ____________________________ November 25, 2014 Planning Commission Approval Date PA201401837 95WinburnWayIceRinkCover Page17