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HomeMy WebLinkAbout2008-11-12 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 REGULAR MEETING NOVEMBER 12, 2008 AGENDA I. CALL TO ORDER: 7:00 PM, Civic Center, 1175 E. Main Street II. ANNOUNCEMENTS A. December 18, 2008 Study Session III. APPROVAL OF AGENDA IV. CONSENT AGENDA A. Approval of Minutes 1. October 14, 2008 Planning Commission Meeting 2. October 28, 2008 Planning Commission Meeting B. Adoption of Findings for 281 Fourth Street, PA #2008-01526 V. PUBLIC FORUM VI. TYPE II PUBLIC HEARINGS A. PLANNING ACTION: 2008-01318 SUBJECT PROPERTY: 2200 Ashland Street APPLICANT: Coming Attractions Theatres DESCRIPTION: Request for Site Review approval to redevelop the existing 5,418 square foot, single-story office building located at 2200 Ashland Street into an 18,791 square foot, three- story office and retail building. The property is located within the Detail Site Review Zone and the development is subject to the Additional Standards for Large Scale Projects and Ashland Boulevard Corridor Design Standards. Also included are requests for: Administrative Variance to the Site Design and Use Standards and Exception to Street Standards relating to the reconfiguration of off-street parking between the building and Ashland Street and to Ashland Street improvements, and Tree Removal Permit to remove six trees greater than six- inches in diameter-at-breast-height. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR’S MAP #: 39 1E 14 BB; TAX LOT #: 300. B. PLANNING ACTION: 2008-00911 SUBJECT PROPERTY: 2300 Siskiyou Blvd. APPLICANT: Steve Asher DESCRIPTION: A request for Site Review approval to construct thirteen condominium units for the property located at 2300 Siskiyou Boulevard. Also included are requests for a Physical 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). 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. & Environmental Constraints Review Permit to allow tree removal and parking space installation on Flood Plain Corridor/Riparian Preservation Lands adjacent to a culverted section of Clay Creek; Tree Removal Permits to remove 36 of the site’s 78 trees; and an Exception to Street Standards to not install sidewalks and curbs along Siskiyou Boulevard frontage. (The approval of this application would replace the previous Performance Standards Options subdivision approval from PA #96-131). COMPREHENSIVE PLAN DESIGNATION: Low Density Multi Family Residential; ZONING: R-2; ASSESSOR’S MAP #: 39 1E 14 CA; TAX LOTS: 7700, 7800, 7801, 7802, 7803, 7804, 7805, 7806, 7807 and 7808. C. PLANNING ACTION: 2008-01517 SUBJECT PROPERTY: 232 Vista Street APPLICANT: Kerry KenCairn DESCRIPTION: A request for a Minor Land Partition, a Type II to Variance to the requirement that the new lot have a paved 20-foot wide access or an unpaved 20-foot wide access with less than 10 percent slope, and a Physical and Environmental Constraints Permit for development and tree removal on Hillside Lands. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR’S MAP #: 39 1E 09BC; TAX LOT: 7500 VII. OTHER A. Update – APA Legal Issues Forum VIII. 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 OCTOBER 14, 2008 CALL TO ORDER Commission Chair John Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: John Stromberg, Chair Bill Molnar, Community Development Director Michael Dawkins Derek Severson, Associate Planner Mike Morris Angela Barry, Assistant Planner Debbie Miller Richard Appicello, City Attorney Pam Marsh April Lucas, Administrative Assistant Melanie Mindlin Tom Dimitre Dave Dotterrer Michael Church Absent Members: Council Liaison: None Cate Hartzell, absent Stromberg noted the following adjustments to the agenda: 1) the Sustainability Status Report has been moved to Announcements, and 2) the Hearings Board Findings for 960 Harmony Lane has been added to the Consent Agenda. Commissioners Dotterrer/Dawkins m/s to approve the Agenda. Voice Vote: all AYES. Motion passed. CONSENT AGENDA A.Approval of Minutes 1. August 27, 2008 Joint Study Session Minutes 2. September 9, 2008 Planning Commission Minutes 3. September 9, 2008 Hearings Board Minutes 4. September 23, 2008 Joint Study Session Minutes 5. September 30, 2008 Joint Study Session Minutes B.Approval of Findings for 960 Harmony Lane, PA 2008-00801 Mindlin requested the Joint Study Session minutes of August 27, 2008 be amended as follows: 1) Under “Final Overview” (pages 4-5), remove the sentences which state “general support was voiced for this item as presented.” The following corrections were made to the Joint Study Session minutes of September 30, 2008: 1) Michael Church should be listed as present, and 2) Tom Dimitre should be listed as absent. Commissioners Morris/Dawkins m/s to approve the September 9, 2008 Hearings Board minutes and Findings for 960 Harmony Lane. Voice Vote: Commissioners Dawkins, Morris and Stromberg, YES. Motion passed. Commissioners Dotterrer/Church m/s to approve the remaining items on the Consent Agenda. Voice Vote: all AYES. Motion passed. Ashland Planning Commission October 14, 2008 Page 1 of 8 PUBLIC FORUM Allen Baker/1042 Oak Knoll Drive/Stated he is the President of the Oak Knoll Meadows Homeowners Association and expressed his concerns with the proposed I-5 Rest Area and Welcome Center. Mr. Baker stated this rest area would be located directly adjacent to the Oak Knoll neighborhood and stated this would create safety and crime issues. He stated Ashland does not want nor need this facility, and noted ODOT does not have sufficient funds to construct the Welcome Center portion of the facility. Mr. Baker commented on the status of the project and stated it has been approved with conditions by the Jackson County Planning Commission and now goes before the Jackson County Commissioners for approval. He asked that the City deny ODOT’s request for city sewer and water, which could put a halt to this project. Commissioner Dimitre arrived at 7:10 p.m. Ginny Porter/1033 Oak Knoll Drive/Stated she has spent considerable time researching the I-5 Rest Area project and shared the following information with the Commission:1) ASHTO national guidelines recommend 60 mile spacing between rest areas; there is currently 58 miles between rest areas on this stretch of interstate, therefore an additional rest area is not needed, 2) There is general consensus that rest areas should not be placed beside a neighborhood or within close proximity to exits because of the crime overflow and impact on local economics, 3) California and Washington do not have welcome centers on interstates, but rather support local visitor centers, 4) Rest areas are not be to placed on dangerous slopes or stretches, and 5) Crime is a major concern at rest areas, with over 1,100 crimes logged by the Oregon State Police over the last 10 years. Ms. Porter stated the proposed location creates major accident issues and noted the steep slope coming down the Siskiyou Pass. She stated the previous rest area was located near the proposed site and had so many accidents a court settlement was filed to demand its closing. She requested the City say “No” to this project. Dan Folliard/1032 Oak Knoll Drive/Also spoke on the proposed I-5 Rest Area and Welcome Center. He commented on the City’s current water and wastewater issues and stated this facility would have an affect on these resources. Mr. Folliard asked that the City deny ODOT’s request to connect the rest area to Ashland’s water and sewer systems and stated the City’s previous City Attorney declared in 2001 that the City was “not bound to provide water or sewer to this site.” Community Development Director Bill Molnar noted this issue went before the City Council in February 2008 and stated he would provide an update the commissioners on what was discussed. ANNOUNCEMENTS A.November Planning Commission Meeting Mr. Molnar reminded the Commission that since their next meeting falls on Veteran’s Day, the meeting has been moved to Wednesday, November 12, 2008. B.November 25 and December 23 – Study Session Dates thrd Mr. Molnar noted the regular Planning Commission Study Session dates fall near the holidays in November and December. He stated staff needs to know whether members will be out of town, and whether it will be necessary to cancel or adjust these meetings. Stromberg indicated that given tonight’s full agenda, determining this via email would be preferred. C.Sustainability Study - Status Mindlin provided a brief update on the Sustainability Work Plan. She stated herself and Commissioner Marsh met with City Administrator Martha Bennett to discuss bringing the work plan before the City Council for approval; however, Ms. Bennett had concerns with moving forward with the work plan and how it would relate with the upcoming Strategic Planning project. Mindlin stated the Sustainability Work Group is now proposing to convene a study group and move ahead with the two main actions outlined in the plan, which are: 1) mapping local resources and finding out what is being done by the community, and 2) investigating what other government entities are doing. She asked that the commissioners contact her if they have any questions or wish to participate in these projects. Ashland Planning Commission October 14, 2008 Page 2 of 8 TYPE II PUBLIC HEARINGS Stromberg read aloud the public hearing procedures for land use hearings. A.PLANNING ACTION: 2008-01526 SUBJECT PROPERTY: 281 Fourth Street APPLICANT: Noble Coffee DESCRIPTION: Request for Site Review approval to locate a coffee shop/restaurant into the existing building at 281 Fourth Street and for a Variance to the required number of parking spaces to reduce the number of parking spaces from 12 to 5. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR’S MAP #: 39 1E 09BA; TAX LOT #: 101. Ex Parte Contact Dawkins and Marsh reported site visits, but had no ex parte contact. Commissioners Dimitre, Miller, Stromberg, Morris, Church, Mindlin, and Church all reported no ex parte contact. Staff Report Assistant Planner Angela Barry presented the staff report. She explained this application involves a request to locate a coffee shop/restaurant into the existing building at 280 Fourth Street, and a variance to reduce the number of required parking spaces. She noted the property is located in the Railroad Historic District and is zoned E-1 with a Residential Overlay. Ms. Barry commented on the parking requirements and explained a Type II Variance to parking is needed to reduce the number of required spaces by more than 50%, from 12 spaces to 5. She noted this building was constructed in 1957 and has historically housed shop-type uses due to the lack of on-site parking. She added these light manufacturing uses are the only uses that could be located at this site without requiring a parking variance. Ms. Barry stated the application asserts that this coffee shop will primarily be a neighborhood use and most patrons will likely walk or bike to this location. Ms. Barry reviewed the proposed conditions listed in the Staff Report. She explained staff has concerns with the bicycle parking being located inside the building, and are recommending that the bike parking be near the entrance on the sidewalk instead. She stated staff is recommending the Applicant improve the sidewalk and pedestrian amenities, which are currently not to standard. Additionally, staff is recommending that the Applicant replace the existing curb cut and install a standard sidewalk. Ms. Barry noted the Historic Commission issued a different recommendation and felt the original curb cut should be left in place so long as the safety issues could be mitigated. Ms. Barry explained that removing the curb cut would allow a safe place for bicycle parking near the entrance and staff felt the benefits of improving the sidewalk outweighed the Historic Commission’s recommendation for the curb cut. Comment was made questioning if the other businesses in the area have the required number of parking spaces. Ms. Barry clarified many of the buildings in this area have the same issues with parking and either have a parking variance or have obtained a parking agreement. Applicant’s Presentation Mark Knox/Urban Development Services/485 W Nevada Street/Mr. Knox introduced Jared Rennie and Steve Sacks with Noble Coffee Roasters. Mr. Knox provided some history of the site and explained most recently this was the location of Mobius, a 120-seat nightclub that was approved by the Planning Commission, but never made it past the Building Department stage. He noted the Applicant is proposing to change the use to a coffee roasting and small coffee shop. He stated 40% of the floor space would be used for roasting and the remainder would be used for retail and seating. He stated the idea is to create a neighborhood coffee shop that fits within the streetscape and creates some activity for this relatively quiet area. Mr. Knox noted they held a neighborhood meeting and stated it was very well attended and the neighborhood was very supportive of this project. Mr. Knox commented on the bicycle parking and curb cut issues. He stated he has spoken with the City’s Public Works Department and are proposing to place one of the bicycle racks inside (due to the covered parking requirement), and one outside on the sidewalk. He also spoke to the curb cut issue and explained this is a historical feature of the building and it is their desire to retain it. He stated installing the sidewalk as proposed by staff would create ADA issues, and noted the Historic Commission unanimously agreed with the curb cut retention. Mr. Knox commented briefly on the parking variance and explained the vast majority of the buildings in this area were created prior to the adoption of parking requirements and do not Ashland Planning Commission October 14, 2008 Page 3 of 8 meet today’s code. He commented on AMC 18.92.055, Variances for Commercial Buildings in Historic Districts, and stated the application meets the intent of this section of the code. Steve Sacks/Stated a lot of the patrons will visit this business in the morning before the other businesses open, and they feel this use will fit well into the neighborhood. He added this is a reduced use compared to what was there before, and commented on the approval of Mobius. He noted the sidewalk as proposed by staff would raise the level of the building 4 inches and stated they do not believe the existing curb cut will be a problem. He added they will work with the City to make sure it is safe. Mr. Knox clarified that not all of the uses in this area function at the same time. He also clarified they would like to place 3 tables outside; however, this is a separate approval process they will need to go through. Mr. Knox also clarified their request for a parking variance and commented on the unusual circumstance criteria. He noted no matter what use goes in there, a variance to parking would be needed. Public Testimony Peter Brunner/590 Taylor Street/Stated he owns the building at 525 A Street and expressed his concerns with the current parking situation. Mr. Brunner noted the Applicant is asking for a significant reduction to the parking requirement and noted he was not allowed to include a fourth apartment in his building because there was not adequate parking. He stated most of his parking issues are caused by the yoga studio and even though he feels this is a nice proposal, he does not feel that it meets the parking demands for this area. John Wieczorek/165 Orange Avenue/Encouraged the Planning Commission to vote in favor of this proposal and to approve the parking variance. Mr. Wieczorek stated this application meets the criteria for variances for commercial buildings in historic districts and stated the benefits of this project outweigh any of the perceived negative impacts. He stated this project is consistent with the Comprehensive Plan and voiced his support for this business. Molly Schiessl/552 A Street/Stated she is an active member of the Ashland Gallery Association and the Ashland Railroad District Association and voiced their support this application. She stated she is before the Commission to affirm their support for this business in this district and feels this will be a great use for this neighborhood. She added she does not have concerns regarding parking, since most of their patrons are on foot, and noted there is only a brief time in the morning when the yoga studio creates a parking demand. Rebuttal by the Applicant Mark Knox/Stated the yoga studio does create some parking issues in the morning, however it does not impact Fourth Street. He clarified there are parking problems along A Street; however the parking spaces on Fourth Street between A and B Street are typically only 30-40% full. Mr. Knox clarified they did try to obtain a parking agreement, but noted most businesses are hesitant to enter into these agreements and stated they have created significant problems in this area. Jarred Rennie/Stated they will be providing responsible employment and will provide a sustainable business in Ashland. He noted they will be encouraging patrons to bike or walk to this business and stated this business will help to create a dynamic neighborhood. Steve Sacks/Noted people do not come to this type of business in masses. He hopes the Planning Commission will support this project and noted it is just an empty building right now. Stromberg closed the public hearing and the record. Advice from Legal Counsel and Staff Ms. Barry commented on the Applicant’s proposal for vehicle and bicycle parking. She stated with the request for a parking variance and the Applicant’s assertion that most patrons will walk to bike to this business, staff feels their pedestrian and bike parking facilities should be better. Ashland Planning Commission October 14, 2008 Page 4 of 8 Ms. Barry commented on the parking variance criteria and stated this application meets the unusual circumstance criteria in that the building was built before there were parking regulations. Deliberations and Decision Commissioners Dawkins/Dotterrer m/s to approve Planning Action #2008-01526 with the stipulation that Condition 6A be deleted. DISCUSSION: It was clarified Condition 6A is the condition that requires the Applicant to remove the curb cut and replace it with a standard curb and sidewalk. Marsh stated it is pretty clear that the Applicant meets the criteria for a parking variance. She added it is important that the City consider taking a comprehensive look at this area. Dotterrer agreed and felt this was something that needs to be looked at; he also voiced his support for this application. Morris voiced his support for the application and for the retention of the existing curb cut. He also agreed that a study of this area is needed. Roll Call Vote: Commissioners Marsh, Dawkins, Morris, Dotterrer, Mindlin, Church, Dimitre, Miller and Stromberg, YES. Motion passed. TYPE III PUBLIC HEARINGS A.Water Resource Protection Zones Ordinance Stromberg announced the Public Hearing for the Water Resource Protection Zones Ordinance would be continued to the October 28, 2008 Planning Commission meeting. TYPE II PUBLIC HEARINGS (Cont.) B.PLANNING ACTION: 2008-01318 SUBJECT PROPERTY: 2200 Ashland Street APPLICANT: Coming Attractions Theatres DESCRIPTION: Request for Site Review approval to redevelop the existing 5,418 square foot, single-story office building located at 2200 Ashland Street into an 18,791 square foot, three-story office and retail building. The property is located within the Detail Site Review Zone and the development is subject to the Additional Standards for Large Scale Projects and Ashland Boulevard Corridor Design Standards. Also included are requests for: Administrative Variance to the Site Design and Use Standards and Exception to Street Standards relating to the reconfiguration of off-street parking between the building and Ashland Street and to Ashland Street improvements, and Tree Removal Permit to remove six trees greater than six-inches in diameter-at- breast-height. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR’S MAP #: 39 1E 14 BB; TAX LOT #: 300. Ex Parte Contact Miller noted she frequently drives by this site. Commissioners Marsh, Dotterrer, Church, Morris, Mindlin and Stromberg all reported site visits, but no one had any ex parte contact. Staff Report Associate Planner Derek Severson presented the staff report. He stated this application is for the redevelopment of the existing office building located at 2200 Ashland Street into an 18,791 sq. ft., three-story office and retail building. Mr. Severson explained this application involves requests for: 1) an Administrative Variance to the Site Design and Use Standards and exception to the Street Standard relating to the reconfiguration of off-street parking, and 2) a Tree Removal Permit to remove six trees greater than six inches in diameter. Mr. Severson commented on the ODOT right-of-way along Ashland Street and noted the slope constraints on the site. He provided an explanation of the proposed conditions included in the staff report and reviewed the proposed site plan. Mr. Severson noted the Applicant met extensively with ODOT and City staff regarding the mitigation of transportation impacts. He clarified that ODOT had previously indicated with the Barclay Square development and Willow Brook on Clay Street that with further development of this area something would need to be done about left-hand turning movements out of Clay Street. Mr. Severson noted the reduced site distances caused by the overpass on Ashland Street, and stated the application proposes the installation of an extended median on Ashland Street which would be channelized to restrict left hand turning movements from this development and restrict left hand turns from Clay Street onto Ashland Street. Mr. Severson stated staff is recommending approval with the conditions outlined in the staff report. Ashland Planning Commission October 14, 2008 Page 5 of 8 Mr. Severson clarified the draft findings submitted to the Commission incorporate ODOT’s recommendations. (Condition #6) Comment was made questioning if there is a plan for getting pedestrians and bicycles through this area and asking what happens to the informal paths being used today. Mr. Severson noted pedestrians would have to come further down and cross where there is an available spot. He noted staff did discuss the possibility of asking for an easement; however issues arose regarding the lack of a comprehensive plan identifying a connection there. He added an easement from ODOT would also be necessary to provide a pedestrian path. Comment was made that this application seems to place a huge burden on the residents of Clay Street. Mr. Molnar commented on the City’s Transportation Plan and the IAMP study and clarified staff would continue to look at possibilities for another east-west connection to relieve pressure on Ashland Street. He noted restricting these types of movements are not uncommon in Ashland. He added given the volume of traffic on Ashland Street, left hand turns at this location creates a public safety issue. Comment was made suggesting an alternate access to this site. Mr. Severson stated it is his understanding that the Applicant did try to pursue this option and stated the Applicant can speak to this further. Applicant’s Presentation Mark Knox/Urban Development Services/485 W Nevada Street/Introduced Landscape Architect Laurie Sager, Architect James Blissett, Traffic Engineer Robert Court, Civil Engineer Mark Kamarath, and owner representatives Larry McClennan and Ryan Langemeyer. Mr. Knox stated this lot has been an eyesore to the community for a long time and stated this project has funneled down to this traffic and median issue. Mr. Knox commented briefly on the variance and site review. He stated the variance to relocate parking to the front of the building should not be an issue due to the overpass and this lots elevation. Mr. Knox commented on the Tree Removal Permit and stated they are proposing to remove six trees, but will re-plant at least 30. Laurie Sager/Landscape Architect/Commented on the Maple trees along the north side of the building and explained one is in really poor shape and the other two are in moderate shape. She said that given the impacts of the construction and the neglect of these trees, they felt the best solution to creating a healthy tree environment would be to remove those trees and install new trees after construction. She noted they would be preserving two of the Oak trees. Ms. Sager stated the entire entryway is ODOT right-of-way and they are planning on landscaping the area along the driveway. She commented on the bio-swale area and stated this area will function to clean up the water on site and will provide an educational situation. She noted the plaza areas and felt these would be great additions to the space. Ms. Sager stated she hopes the Commission sees this as an amenity for the site, considering its current use. James Blissett/Architect/Commented on the atrium entry and their desire to create an inviting office building with lots of light and glass. Mr. Blissett stated the concept was to create a comfortable and warm building and commented on the materials that would be used on the buildings façade. He also commented on the entry band and the materials of the shaded areas. Mr. Knox commented on the previous statements made regarding the informal pedestrian and bicycle paths on the site. He noted the location of the proposed fence and stated these informal paths would likely be recreated after this project is completed. He also commented on the possibility of an alternate access point and stated the owners of the adjacent property which houses Bi-Mart, Shop N Cart, Taco Bell, and the Oil Stop would not entertain any type of formal arrangement with the Applicant. He stated they have not planned for this project to connect over to that site, but they also have not precluded it. He added there may be an opportunity for a reciprocal access when the Oil Stop property develops. Public Testimony Evan Arched/550 E Main Street/Stated he has not studied this proposal, but has a project on the other side of Ashland Street. Mr. Archerd asked that the public hearing remain open for an additional 7 days so that he can become familiar with this project and make comments. Rebuttal by the Applicant Mark Knox/Stated he was not aware that the public hearing could be left open. Ashland Planning Commission October 14, 2008 Page 6 of 8 City Attorney Richard Appicello clarified anyone can request during the public hearing that the record be left open, or request a continuance be granted for no less than 7 days. He noted they must do one or the other, but the Commission can decide which action to take. Mr. Knox stated there is a safety issue at this intersection and they understand that people’s driving habits are going to change on lower Clay Street. He noted the previous projects that have been approved for this area (Barclay Square, Willow Brook), and stated they knew this restriction for left hand turns was coming. Robert Court/Traffic Engineer/Stated Clay Street traffic making a left turn onto Ashland St. is likely residential traffic and does not believe east bound Main Street traffic would choose to come up Clay Street and make the very difficult left turn onto Ashland St. when they could use the traffic signal at Tolman Creek Road. Mr. Court stated currently Clay Street at Ashland Street is operating at a level of service “E”, and Ashland City standards call for level of service no lower than “D”. He added there has been discussion for several years that the next accident that occurs at this intersection would result in the median barrier. Mr. Court commented briefly on the estimated traffic counts once this area is built out and stated it is not feasible to consider installing a traffic signal at this location. Commissioners Dawkins/Church m/s to extend the public hearing to 10:00 p.m. Voice Vote: all AYES. Motion passed. Deliberations and Decision Stromberg stated the Commission needs to decide whether to continue the public hearing, or close the hearing and leave the record open. Dotterrer stated the request was to keep the hearing open and feels this is what they should do. Mr. Molnar noted that continuing the hearing to the Commission’s November 12 meeting would give staff time to explore some of the issues that came up at tonight’s hearing. Mr. Appicello noted the Commission should ask the Applicant whether they agree to the continuance. Mr. Knox indicated that he does not give his consent to this. The Commission continued their discussion on how they would like to proceed with this. Commissioners Dimitre/Miller m/s to continue the Public Hearing to the November 12, 2008 Planning Commission meeting. DISCUSSION: Mr. Molnar clarified there will not be an extension of the 120-day time limit because the Applicant did not agree to the continuance; he clarified the 120-days expires in February. Dawkins shared his preference to leave the record open and close the public hearing. Morris also voiced support for leaving the record open and closing the hearing. Dotterrer noted that continuing the public hearing open allows Mr. Archerd the opportunity to come before the Commission and speak, rather than submitting written comments. Mr. Appicello restated the options for the Commission. Roll Call Vote: Commissioners Dimitre, Church, Miller, Mindlin, Marsh and Stromberg, YES. Commissioners Morris, Dotterrer and Dawkins, NO. Motion passed 6-3. Commissioners Dawkins/Marsh m/s to continue the meeting to 10:30 p.m. DISCUSSION: Mr. Knox indicated he is also representing the next Planning Action and does not wish to begin tonight since it is not possible for the Commission to come to a decision in the amount of time remaining. Voice Vote: all NAYS. Motion failed. C.PLANNING ACTION: 2008-00911 SUBJECT PROPERTY: 2300 Siskiyou Blvd. APPLICANT: Steve Asher DESCRIPTION: A request for Site Review approval to construct thirteen condominium units for the property located at 2300 Siskiyou Boulevard. Also included are requests for a Physical & Environmental Constraints Review Permit to allow tree removal and parking space installation on Flood Plain Corridor/Riparian Preservation Lands adjacent to a culverted section of Clay Creek; Tree Removal Permits to remove 36 of the site’s 78 trees; and an Exception to Street Standards to not install sidewalks and curbs along Siskiyou Boulevard frontage. (The approval of this application would replace the previous Performance Standards Options subdivision approval from PA #96-131). COMPREHENSIVE PLAN DESIGNATION: Low Density Multi Family Residential; ZONING: R-2; ASSESSOR’S MAP #: 39 1E 14 CA; TAX LOTS: 7700, 7800, 7801, 7802, 7803, 7804, 7805, 7806, 7807 and 7808. Stromberg announced this Planning Action would be heard on November 12, 2008. Ashland Planning Commission October 14, 2008 Page 7 of 8 ADJOURNMENT Meeting adjourned at 10:00 p.m. Respectfully submitted, April Lucas, Administrative Assistant Ashland Planning Commission October 14, 2008 Page 8 of 8 ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES OCTOBER 28, 2008 CALL TO ORDER Commission Chair John Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: John Stromberg, Chair Bill Molnar, Community Development Director Michael Dawkins Maria Harris, Planning Manager Mike Morris April Lucas, Administrative Assistant Pam Marsh Melanie Mindlin Dave Dotterrer Michael Church Absent Members: Council Liaison: Tom Dimitre Cate Hartzell Debbie Miller ANNOUNCEMENTS Mr. Molnar announced staff is planning on cancelling the previously scheduled November and December Study Session dates and holding one Study Session on December 18, 2008 instead. He indicated this meeting would likely be on the preliminary zoning amendments that came out of the Downtown Task Force recommendations and possibly an evaluation of public sidewalk encroachment permit requirements. PUBLIC FORUM No one came forward to speak. TYPE III PUBLIC HEARINGS A. Water Resource Protection Zones Ordinance Stromberg introduced Ecologist Jeannine Rossa, who had provided input to the Commission during their most recent site visits. Jeannine Rossa/Explained she is a professional Fish Biologist and Stream Ecologist and has been working in this profession for 23 years. She noted she is currently working as a freelance consultant and is President of the Jefferson Fish Society. She also stated she was hired by the Bear Creek Watershed Council to work on a watershed assessment, which included the streams that run through Ashland. Ms. Rossa clarified Commission Chair Stromberg had contacted her prior to the last site visits and requested that she attend and provide input. Ms. Rossa commented on the research obtained during the Bear Creek watershed assessment and stated the stretch of Bear Creek that runs through Ashland is the healthiest part of Bear Creek and has the best rearing habitat for threatened and native fish species. She also commented on intermittent streams and recommended that the Commission think about these streams at flood stage during their planning. Ms. Rossa clarified the intermittent streams in Ashland are unnatural and don’t move sediment in the same way they would naturally. She stated it is not possible to make the streams the way they were before, but they can improve their ecological function. Ms. Rossa Ashland Planning Commission October 28, 2008 Page 1 of 6 commented on the stream that runs through the Albertson’s parking lot area, and explained this is an example of a stream that could be more functional than it is now. Ms. Rossa commented briefly on the educational opportunities associated with this ordinance and stated there are a lot of things the City can do to get people excited about streams and get neighborhoods working together on restoration. Ms. Rossa was asked to comment on the issue of intermittent streams in regards to fish habitat. Ms. Rossa explained they are finding in this region that streams that are bone dry in the summer serve as important rearing habitats for fish in the winter. However, there are only short stretches of intermittent streams in Ashland that can function as fish habitats. She added for this reason, Ashland’s contribution to the fish habitat of Bear Creek is primarily water quality. Ms. Rossa commented on the proposed riparian buffer areas. She stated the 50 ft. measurement tends to encompass the active floodplain and channel areas in most small to medium sized streams, and stated it is a nice round number for people to grasp. She stated the science behind “how much area to protect” recommends one full tree height, because that is essentially how much wood is going to fall into the creek. She added federal lands utilize this “tree height” measurement. Ms. Rossa shared her input on the ordinance. She voiced concern with the proposed language for nonconforming structures (pg.13) and recommended if a property owner is going to do improvements to decrease problems for future flooding, this is okay; however if a structure is knocked out twice by a flood, than the owner should not be allowed to rebuild in that location. She stated the goal should be to move people’s structures out of the flood areas. Ms. Rossa commented on the maintenance and replacement of existing streets, driveways, and utilities (pg.14, pgs.17-20) and stated she is fine with the language in the ordinance, but would want to work to reduce sediment and toxins from getting into the streams. She also commented on the use of herbicides, and stated glyphosate without surfactants (such as Rodeo brand herbicide) is generally accepted to be okay to use on blackberries. PUBLIC COMMENT Rick Landt/468 Helman Street/Stated it is not possible to go over everything he has concerns about in the time allotted. Mr. Landt voiced his concern that the Ashland Watershed’s recommendations were not incorporated into the ordinance and commented on the TID canal and how this affects ephemeral streams. He commented that the main sewer line in Ashland is a major issue and stated the proposed ordinance has a “one size fits all” zone protection. He suggested they use the 100-year floodplain instead, or 40-50 ft. from top of bank, whichever is greater. He also commented briefly that the creeks move; however the ordinance assumes they stay in on place and questioned how this would be dealt with. JoAnne Eggers/221 Granite Street/Clarified she is speaking as a citizen tonight, and not for the City’s Parks & Recreation Dept. Ms. Eggers questioned if the Parks Dept. would be exempt from this ordinance and recommended that they be held to the same standards as the citizens. She stated this is only fair and stated she would like to see the City be an example to the residents of what could be done to protect our water resources. Mr. Molnar clarified the Parks Department would not be completely exempt, but they have provided a possible provision that acknowledges Calle Guanajuato, Lithia Park and Bluebird Park, and if these areas were damaged in a flood they would be allowed to be constructed back to their existing configuration. Stromberg closed the Public Hearing at 8:00 p.m. COMMISSION DELIBERATIONS Senior Planner Maria Harris provided a brief explanation on why it is necessary to adopt the amended Comprehensive Plan maps and adopt the Local Wetlands Inventory as a technical study. Ashland Planning Commission October 28, 2008 Page 2 of 6 Commissioners Dotterrer/Marsh m/s to recommend approval to the City Council of adoption of an Ordinance amending the Ashland Comprehensive Plan to adopt the Water Resources Map including significant wetlands and riparian corridors identified in the “Local Wetlands Inventory and Assessment and Riparian Corridor Inventory”, and to amend the Floodplain Corridor Land Map to provide consistency with the stream classifications on the Water Resources Map. Roll Call Vote: Commissioners Dawkins, Marsh, Mindlin, Church, Morris, Dotterrer and Stromberg, YES. Motion passed. Commissioners Marsh/Dotterrer m/s to recommend approval to the City Council of adoption of an Ordinance adopting the “Local Wetlands Inventory and Assessment and Riparian Corridor Inventory” by reference as a technical study supporting the Ashland Comprehensive Plan. Roll Call Vote: Commissioners Morris, Mindlin, Dawkins, Church, Marsh, Dotterrer and Stromberg, YES. Motion passed. Stromberg noted the handouts submitted to the Commission at the beginning of the meeting, which included: 1) comments submitted by Commissioner Dimitre, 2) additional recommendations submitted by Commissioner Mindlin, 3) a letter submitted by Laura Smith, and 4) the Stream & Wetland Enhancement Guide submitted by staff. Ms. Harris commented on the substantive revisions outlined in the staff report and noted these changes were included to address the concerns expressed by the Planning Commission during previous meetings. A recommendation was made for Ms. Harris to only address the new changes made since the September 9 meeting. Maintenance and Replacement of Existing Streets, Driveways and Utilities Ms. Harris stated if less than 5% additional area is disturbed it is an exempt activity; if it is more than 5% it requires a Limited Use Permit. She clarified this language was expanded from the previous draft to address the maintenance and replacement of public utilities. Comment was made questioning how the 5% area would be determined. Historic Parks & Properties Ms. Harris noted language was added that exempts the maintenance and replacement of nonconforming features of Lithia Park, Bluebird Park and Calle Guanajuato. Native Plant Requirements Ms. Harris stated language has been added to the definition of local native plant species and noxious and invasive vegetation allowing plants to be added and removed from the lists if approved by the Staff Advisor and the City Horticulturist. Ground Cover, Under-Story & Canopy Tree Standards Ms. Harris clarified these standards have been expanded to include plant coverage standards, minimum plant size requirements, and standards for existing vegetation. Enforcement & Penalties Ms. Harris noted this section was added and references the General Penalties section of the Ashland Municipal Code. It also includes language requiring an owner to re-establish the natural condition when a water resource protection zone is illegally altered. Recommendation was made for the Commission to begin their deliberations by working through the 13 changes outlined in the staff report. Overlapping Regulations No discussion was had on this item. Ashland Planning Commission October 28, 2008 Page 3 of 6 Top of Bank Ms. Harris clarified the ordinance indicates center line will be used for local streams and intermittent/ephemeral streams; and the top of bank definition will be used for the larger streams. Mr. Molnar clarified new home sites cannot be located in the floodplain. He also commented on the Ashland Watershed Partnership and stated their concerns stemmed from the original top of bank definition, however the ordinance now includes further information to help describe top of bank. Comment was made questioning whether the protection zone will move if the stream moves. Mr. Molnar indicated “Yes.” Restoration Standards for Exempt Activities No discussion was had on this item. Outdoor Use Area and Pervious Paving Ms. Harris commented on this language and recommended the Commission delete this section from the ordinance if they go with the native plant approach because it would add an additional 150 ft. to the 50% they are allowed for non- native vegetation. Suggestion was made for staff to include language that allows for a pervious outdoor use area no larger than 150 sq. ft in size in the 50% non-native vegetation area. Dotterrer stated he does not think 150 sq. ft is enough space and feels people should be allowed to use their riparian areas. Comment was made questioning the use of the language “outdoor use area shall be located at least 10 ft. from the top of bank” since the ordinance does not use the top of bank definition for the local and intermittent streams. Recommendation was made for staff to make this consistent with the rest of the ordinance. Statement was made that this is a difficult issue since it deals with two issues; the 50% non-native planting provision and the 150 sq. ft. patio. 50% Non-Native Vegetation Area Comment was made questioning the language “the area from water’s edge to the midpoint of the riparian buffer” and suggesting it may be preferred to standardize these measurements. Ms. Harris clarified the reason staff wrote it this way is because typically when restorations happen, people plant from the water’s edge up. Mindlin voiced her support for the proposed language. Staff was directed to remove Section E from Outdoor Uses (pg. 12). Outdoor Use Area Dotterrer voiced his opinion that 150 sq. ft. is too small, but stated he is okay with letting this go if the rest of the Commission does not agree. Stromberg questioned the one-size allotment regardless of the size of the lot. Church suggested this language be removed and does not think this is an appropriate use in this area. He added everything that is unnatural in that zone will eventually end up in the creek. Dotterrer commented that they are talking about urban areas and re-stated his support for pervious patios in this area. Mindlin commented that she sees this issue as an opportunity for compromise. Marsh commented that she does not think the patio area should be in the native plant zone and should be located behind it instead. She suggested patios (up to 150 sq. ft in size) be allowed in the 50/50 portion of the zone. The majority of the Commission voiced support for this concept. Unpaved Trails Ms. Rossa came forward to comment on the unpaved trails provision. She expressed concern with the language that allows trails in the stream bank protection zones to be located closer to and within the stream bank if approved by state and federal agencies. She clarified there is a certain amount of work that needs to occur before it triggers needing to notify the Department of State Lands, and stated there are not a lot of triggers that involve the federal agencies. She recommended this phrase be changed to not include state and federal agencies since it will be very difficult for these agencies to work with individuals. Commissioners Dotterrer/Church m/s to extend the meeting to 10:00 p.m. Voice Vote: all AYES. Motion passed. Ashland Planning Commission October 28, 2008 Page 4 of 6 No other individuals wished to comment. Stromberg re-closed the Public Hearing at 9:30 p.m. Non-Conforming Structures Stromberg read aloud Commissioner Dimitre’s input for the group. Marsh voiced her support for allowing the replacement of legally established non-conforming structures, but is not okay with the replacement of all non- conforming structures in non-residential areas. Additionally, she voiced her discomfort with treating residential properties different from commercial properties. Stromberg commented that how long it takes to rebuild a business is a major issue and they might not get rebuilt if the process takes too long. Morris suggested they make commercial and residential the same and speed up the process for both. Ms. Harris clarified the proposed language states legally established non-conforming principal structures in residential zones may be replaced, and all non-conforming structures in non-residential zones may be replaced. Comment was made noting Ms. Rossa’s suggestion for two tries and then you are done. Dawkins noted there is only a very small percentage of residential properties that are built out to the creek, and stated most of this issue pertains to businesses within the downtown area. Comment was made questioning if staff could apply the exemption to properties located within historic commercial and historic employment zoned areas. Several members voiced support for this concept. Historic Parks & Properties No discussion was had on this item. Previously Approved Building Envelopes & Driveways Ms. Harris provided a brief explanation of this provision. No discussion was had on this item by the Commission. Maintenance and Replacement of Existing Streets, Driveways and Utilities Mr. Molnar clarified there is typically a 10 ft. wide utilities easement and this could be used to define the area. He stated individuals would then be allowed an additional 5% outside that easement. He indicated staff would look into this concept further. Commissioner Marsh/Church m/s to extend meeting to 10:30 p.m. Voice Vote: all AYES. Motion passed. Stromberg suggested they recommend that the Council place removing public facilities from the floodplain in the City’s Capital Improvement Plan. Removal of Invasive Vegetation Stromberg noted Commissioner Dimitre’s written suggestions. Mr. Molnar noted Ms. Rossa’s suggestion for the ordinance to refer to herbicides that are approved and kept on a list at the City. Dotterrer commented that if a product is safe to use, they ought to allow it. Dawkins commented that blackberries can be managed on a manual basis. Church noted that not everyone is going to be willing to remove them manually. Comment was made expressing concern whether individuals would use these “safe” herbicides the way they are suppose to. Stromberg conducted a straw poll on this issue and the Commission was split. It was agreed that they would move on and come back to this issue at the next meeting. Ground Cover, Under-Story & Canopy Tree Standards Morris questioned the language that states “the minimum planting size should be 3/4 to 1-inch” and stated the ordinance should specify the exact minimum. He also questioned the language that states “planted in a triple row with staggered spacing of 20 ft. along the length of the stream bank.” Morris stated there are many places where you would not be able to plant in this configuration and suggested this language be added to the guidelines, rather than the ordinance. Mr. Molnar indicated staff could insert language into the ordinance that provides for some flexibility. Enforcement & Penalties Stromberg stated that he expects this to be a challenging discussion and recommended they deal with this issue at their next meeting. Ashland Planning Commission October 28, 2008 Page 5 of 6 Mindlin briefly reviewed the recommendations she had submitted to the Commission, which included a recommendation for the Council to consider a mandatory review of the native plant requirement every 3 years to determine how well the native plantings are performing. Stromberg announced the deliberations on this ordinance would be continued to the Thursday, November 6, 2008 Planning Commission Special Meeting. ADJOURNMENT Meeting adjourned at 10:30 p.m. Respectfully submitted by, April Lucas, Administrative Assistant Ashland Planning Commission October 28, 2008 Page 6 of 6 TYPE II PUBLIC HEARINGS