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HomeMy WebLinkAbout2010-12-14 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 DECEMBER 14, 2010 AGENDA I. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street II. ANNOUNCEMENTS III. CONSENT AGENDA A. Approval of Minutes 1. November 9,2010 Planning Commission Minutes (to be provided by e.mail before meeting) IV. PUBLIC FORUM V. TYPE III PUBLIC HEARINGS A. PLANNING ACTION: 2010-01239 [CONTINUED FROM NOVEMBER 9th, 2010 MEETING] SUBJECT PROPERTY: 59-85 Winburn Way APPLICANT: Urban Development Services, LLC agents for Jonathan & Esther Phelps DESCRIPTION: A request for a Comprehensive Plan Map Amendment and Zone Change from Single Family Residential (R-1-7.5) to Commercial Downtown (C-1.D), Physical & Environmental Constraints Review Permit, Tree Removal Permit to remove five trees, Site Review approval to construct a new 10,632 square foot cafe/restaurant, and a Development Agreement for the four properties located at 59-85 Winburn Way. EXISTING COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; PROPOSED COMPREHENSIVE PLAN DESIGNATION: Commercial Downtown; EXISTING ZONING: R-1-7.5; PROPOSED ZONING: C-1.D; ASSESSOR'S MAP #: 39 1E 09 BC; TAX LOTS: 2500, 2501, 3000 & part of #391E 09 TL 100 VI. UNFINISHED BUSINESS (time permitting) A. Update on Community Development Projects/Council Goals Input VII. ADJOURNMENT CITY OF ASHLAND ~., 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). TYPE III PUBLIC HEARINGS Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 VNfW.ashland.or.us TTY: 1-800-735-2900 CITY OF ASHLAND PLANNING ACTION: 2010-01239 SUBJECT PROPERTY: 59-85 Winburn Way OWNER/APPLICANT: Urban Development Services, LLC agents for Johnathan & Esther Phelps DESCRIPTION: A request for a Comprehensive Plan Map Amendment and Zone Change from Single Family Residential (R~ 1~7,5) to Commercial Downtown (C-1-D), Physical & Environmental Constraints Review Permltl Tree Removal Permit to remove five trees, Site Review approval to construct a new 10,632 square foot cafelrestaurant, and a Development Agreement for the four properties located at 59-85 Winburn Way. EXISTING COMPREHENSIVE PLAN DESIGNA TION: Single Family Residential PROPOSED COMPREHENSIVE PLAN DESIGNATION: Commercial Downtown EXISTING ZONING: R-1-7.5, PROPOSED ZONING: C.1.D; ASSESSOR'S MAP#: 391E 09 BC TAX LOTS: 250012501,3000 & part of#391E 09 TL 100 NOTE: The Ashland Tree Commission will also review this Planning Action on November 4, 2010 at 6:00 p.m. in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way NOTE: The Ashland Historic Commission will also review this Planning Action on Novembel' 3, 2010 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. ASHLAND PLANNING COMMISSION MEETING: CONTINUED TO DECEMBER 141 2010 A T 7:00 P,M. o 60 120 240 Feet NDtice Is hereby given that a PUBLIC HEARING Dn the fDIIDwing request with respect tD the ASHLAND LAND USE ORDINANCE will be held befDre the ASHLAND PLANNING COMMISSION on meeting date shown abDve. The meeting will be at the ASHLAND CIVIC CENTER, 1175 East Main Street. Ashland, Oregon. The ordinance criteria applicable to this appllcallon are allached to this nDtice. Oregon law states that failure to raise an objecllon concerning this application, either in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the Issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) Dn that issue. Failure to specify which ordinance criterion the objecllon is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise conslilutional or other issues relating to proposed conditions of approval with sufficient speCificity to allow this Commission to respond to the issue precludes an acllon for damages In circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost. if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. In compliance with the American with Disabililies Act, if you need special assistance to participate in this meeting. please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 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 Tille I). If you have questions or comments concerning this request, please feel free to contactlhe Ashland Planning Division, 541-488-5305. G:\cQIllill.d.,'qllanninglNotke., l>.1.lledI20 1 0\20 1 0.OI2J9.doc ZONING CHANGE. TYPE III PROCEDURE 18.108.060. A & B Approval Criteria A. The following planning actions shall be subject to the Type III Procedure: 1. Zone Changes or Amendments to the Zoning Map or other official maps, except for legislative amendments. 2. Comprehensive Plan Map Changes or changes to other official maps, except for legislative amendments. 3. Annexations. 4. Urban Growth Boundary Amendments B. Standards for Type III Planning Actions. 1. Zone changes, zoning map amendments and comprehensive plan map changes subject to the Type III procedure as described in subsection A of this section may be approved if in compliance with the comprehensive plan and the application demonstrates that: a. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan; or b. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances; or c. Circumstances relating to the general public welfare exist that require such an action; or d. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide one of the following: 1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or 2. 25% of the base density to qualifying buyers or renters with incomes at or below 100% of median income; or 3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or 4, 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or 5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501 (3}(c)) affordable housing developer or comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project and all needed public facilities shall be extended to the aroa or areas proposed for transfer. Ownership of the land shall be transferred to the affordable housing developer or Development Corporation prior to commencement of the project; or e. Increases in residential zoning density of four units or greater on commercial, employment or industrial zoned lands (i.e. Residential Overlay), will not negatively impact the City of Ashland's commercial and industrial land supply as required in the Comprehensive Plan, and will provide one of the following: 1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or 2. 25% of the base density to qualifying buyers or renters with incomes at or below 100% of median income; or 3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or 4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or 5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501{3}(c)) affordable housing developer or comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project and all needed public facilities shall be extended to the area or areas proposed for dedication. Ownership of the land and/or air space shall be transferred to the affordable housing developer or Development Corporation prior to commencement of the project. The total number of affordable units described in sections D or E shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. Sections D and E do not apply to council initiated actions. PHYSICAL & ENVIRONMENTAL CONSTRAINTS 18.62.040.1 Criteria for Approval A Physical Constraints Review Permit shall be issued by the Staff Advisor when the Applicant demonstrates the following: 1, Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. 2. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. 3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the land Use Ordinance. (ORD 2808,1997; ORD 2834,1998; ORD 2951, 2008) G:komm.d.\~pl.nning\Notice; ~failed\201 0\2010-0 1239.000 SITE DESIGN AND USE STANDARDS 18.72.070 Criteria for Approval The following criteria shall be used to approve or deny an application: 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. (ORD 2655,1991; ORD 2836,1999) TREE REMOVAL 18.61.080 Criteria for Issuance of Tree Removal- Staff Permit An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an arborist's report to substantiate the criteria for a permit. A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. 1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning. 2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards, including but not limited to applicable Site Design and Use Standards and Physical and Environmental Constraints. The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protectlon of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures or altemate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Ashland land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. (ORD 2951, 2008; ORD 2883, 2002) G:\cQmm-de,'qJlanning\l\Olices Mailed\201 0\2010-01239.00<: ASHLAND PLANNING DIVISION STAFF REPORT ADDENDUM December 14, 2010 PLANNING ACTION: PA-2010-01239 APPLICANT: Urban Development Services, LLC, agents for Jonathan and Esther Phelps LOCATION: 59-85 Winburn Way COMPREHENSIVE PLAN DESIGNATION: Single Family Residential (existing) Commercial Downtown (proposed) APPLICATION DEEMED COMPLETE: October 21, 2010 120.DAY TIME LIMIT: February 18,2011 * (*Type III applications not subject to 120-day limits pursuant to ORS 227.178.7) ORDINANCE REFERENCE: 18.20 18.32 18.61 18.62 18.72 18.92 18.108.060 R-l Single Family Residential District C-l Commercial District Tree Preservation and Protection Physical & Environmental Constraints Site Design and Use Standards Off-Street Parking Type III Procedures REQUEST: A request for a Comprehensive Plan Map Amendment and Zone Change from Single Family Residential (R-I-7.5) to Commercial Downtown (C-I-D), Physical & Environmental Constraints Review Permit, Tree Removal Permit to remove five trees, Site Review approval to construct a new 10,632 square foot cafe/restaurant, and a Development Agreement for the four properties located at 59-85 Winburn Way. I. Relevant Facts A. History of Application to Date At its regular meeting on November 9, 2010 the Planning Commission held a public hearing to consider the application at which time testimony was taken and exhibits were presented, including a detailed architectural model afthe building in context with the surrounding area. After closing the hearing, the Planning Commission identified a number of issues they wished to see addressed further. These included: o Can the applicants provide a clearer illustration of the visual impact of the proposal from the perspective of the backyards of the Granite Street neighbors? Planning Action PA # 2010-01239 - Winburn Re-Zone Applicant: Urban Development Services Ashland Planning Division - Slaff Report Addendum Page 1 of 16 o Can the applicants provide additional information necessary to address the requirements of AMC 18.62.100 which regulates the development of severe constraint lands, those lands with slopes in excess of 35 percent? o Staff has recommended an in-Iieu-of-parking fee. Are there other measures, such as bicycle parking, which might help to offset the parking demand of the proposal? o Commissioners questioned whether, without a site plan or design drawings being provided, the ice rink lot could accommodate the proposed ice rink support building. o In response to the staff recommendations that the zone change requested be limited solely to 85 Winburn Way (the cafe lot), the applicants asked that the Commission also consider inclusion of the ice rink lot. If the ice rink lot were to remain residentially- zoned, the adjacent cafe lot would be subject to a ten-foot per story side yard setback requirement which could alter the current design of the building and impact the relationship between the ice rink and the cafe which the applicants have tried to develop in the current design. At the meeting, Commissioners had asked for a staff response to this issue. o Can staff provide recommendations with regard to the applicants list of uses of the proposed building for inclusion in the Development Agreement? o Can staff review and provide comment on the applicants proposed sidewalk closure and construction staging plan? o Can the recent Sneak Preview article on the project be included in the record? After identifying these issues which they wished to see further addressed, the Commission continued the hearing on this matter to its next regular meeting, at 7:00 p.m. on December 14,2010. II. Proiect Impacts Responses to Issues Raised In response to the issues raised at last month's meeting, staff would offer the following responses: Can the applicants provide a clearer illustration of the visual impact of the proposal from the perspective of the backyards of the Granite Street neighbors? The topography, vegetation, varying height of the retaining walls at the top of slope, fencing behind the existing building, and the private nature of the Granite Street backyards make it difficult to fully consider the impacts of the proposal without a more detailed submittal from the applicants. While the most directly-impacted neighbor (Jed Meese at 80-88 Granite Street, just uphill of the Cafe lot) has indicated his support of the proposal on the record, Commissioners and other neighbors at the November meeting asked that the applicants provide a more detailed illustration of the visual impacts to the Granite Street neighbors' backyards, Planning Action PA # 2010-01239 - Winburn Re-Zone Applicant: Urban Development Services Ashland Planni ng Division - Staff Report Addendum Page 2 of 16 The applicants have provided a new sheet (A2.3) which provides a cross-section drawing of the proposed building as it relates to the hillside topography behind, the backyards and homes on Granite Street, and the curb level on Granite Street. This drawing provides a conceptual illustration of a resident of 88 Granite Street looking out the back window from the first story floor and generally indicates that the mass of the building up to its green roof would be below the line of site, and the upper levels including the glass roof structures, mechanical equipment, elevator shafts and chimneys would be visible, Sheet A2,3 also includes a conceptual illustration of the buildings along Granite Street and the buildings on Winburn Way below as they relate to the curb level on Granite Street. The information provided with the illustrations is insufficient to ascertain the full impact of the proposed chimneys, elevator towers, and mechanical equipment installation on the views of existing residences along Granite Street. Based on this drawing, the deck of the green roof is at approximately the same level as the backyard for 88 Granite Street at the base of the yard's retaining wall, and the peak of the glass roof is at roughly the same level as the finished floor of the first story at 88 Granite and even with the level of the curb on Granite Street. Can the applicants provide additional information necessary to address the requirements of AMC 18.62.100 which regulates the development of severe constraint lands, those lands with slopes in excess of 35 percent? Staff raised the issue at the November meeting that the applicants' submittals did not fully address the requirements of 18,62.100 for the development of severe constraint lands, and the applicants were asked to provide additional information addressing these requirements, In subsequent discussions with the applicants, they have reiterated that the area of disturbance is in their view de minimus and access to fully assess the geotechnical issues in the area of disturbance is limited by the presence of the existing building. Staff recognizes the limited area of disturbance involved, however.we continue to believe that additional information is needed for the Commission to make defensible findings that the submittal requirements have been adequately addressed and approval criteria satisfied. Staff have asked that the applicants provide drawings which clearly illustrate the specific areas of the site considered to be severe constraint lands which will be disturbed with the proposal and provide a revised report from their geotechnical expert which speaks to the geological/geotechnical suitability of the site for the proposed development and any recommendations to address geotechnical issues necessary for development of the site. with an understanding that final engineering including the building's foundation engineering would be deferred until bullding permit submittal. The applicants have provided revised findings addressing the Development Standards for Severe Constraints Lands prepared by their geo-technical expert Rick Swanson of Marquess & Associates. These findings note that with the exception of minor encroachments into the existing hillside to construct the rear retaining walls, the proposed development will occur in the footprint of the existing structure and parking lot. Development disturbance to the sloped areas of the site is to be kept to the minimum necessary to construct the foundation and retaining walls. and only approximately 280 square feet (a 7 foot by 40 foot area) of the northwest corner of the building's main floor will encroach into severe constraint lands. These findings summarize geotechnical field explorations conducted to date and note that additional exploration will occur through the demolition of the existing building and preparation of final construction drawings which will include specific soil engineering design recommendations. Swanson indicates that based on the obselVations conducted and his understanding of the proposed development, the site is suited to the proposal. It is not uncommon for engineered foundation drawings addressing the Hillside Development Standards to be deferred to building permit submittals given that the level of detail necessary means an approval generally must Planning Action PA # 2010-01239 - Winburn Re.Zone Applicant: Urban Development Services Ashland Planning Division - Slaff Report Addendum Page 3 of 16 be in place before the applicants know all conditions of their approval and can move to preparing final design drawings. In staffs view, the materials provided can be found to adequately address the submittal requirements and approval criteria with the imposition of the conditions below requiring final geotechnical recommendations and foundation engineering be submitted with the building permit drawings, Staff has suggested consideration of an in-Iieu-of-parking fee, Are there other measures such as bicycle parking which might help to offset the parking demand of the proposal? In-Lieu-of-ParkinQ Fee and Other Potential Assessment Options The applicants' agent and a number of speakers in support of the application at the last meeting questioned requiring the applicants to provide "public parking" or "singling the applicants out" through an in-lieu-of-parking fee. Staff would like to clarify that the applicants are requesting a zone change to the only zoning designation in the city which does not require parking to be provided by the applicants on their site, and doing so in an area long-recognized for its high level of parking demand. The CM 1-D zoning designation requested imparts substantia/value to the property - not only in cost savings for parking that is no longer required, but also in the additional build!ng area allowed when on-site parking is no longer part of the equation, Staff's intention in evaluating an in-Iieu-of-parking fee is not to single the applicants out to provide "private parking" but rather to attempt to off-set to the degree the Commission deems appropriate the impacts of accommodating the applicants' private parking demand in the public realm as they propose with the zone change in order to find that the project, on the whole, provides a public benefit consistent with the approval criteria to merit the zone change. Absent a proposal to better address parking or its impacts in the application, staff suggested that the Commission may wish to consider some form of in-Iieu-of-parking fee (an increasingly common mechanism) as a means to provide for future improvements to the public realm in the form of additional public parking or congestion-reducing transportation measures in the downtown. If the Commission determines that the parking demand of the proposed building will be more than offset by the benefits of the proposal, or finds that a change of circumstances merits the zone change rather than the public benefit criterion, the Commission could opt not to impose the recommended in- Iieu-of-parking fee. The Commission had also inquired about the previous downtown parking assessment on business owners. This fee was assessed at $1 per required parking space per month for each business in the district from 1989 to 2000 when it sunset. The proposed building requiring 48 parking spaces would have been charged a total of approximately $6,336 over the life of that district assessment had it been in place at the time. The applicants have indicated that they are unwilling to consider paying any type of in-lieu-of-parking fee, but subsequent to the last meeting they have suggested that they might consider being subject, retroactively, to some type of future assessment for parking if it were applied to the downtown as a whole through the adoption of an ordinance and/or creation of a parking district management plan within five years of the approval. If the Planning Commission is willing to consider this alternative, recommendations to Council for its inclusion in the Development Agreement should be included in any motion. Planning Acllon PA # 2010-01239 - Winburn Re-Zone Applicant: Urban Development Services Ashland Planning Division - Staff Report Addendum Page 4 of 16 The applicants' response was that in their assessment, the site could accommodate a building to house the uses noted in the application, including administrative office space, skate storage and rental, public restrooms, and a zamboni garage. While detailed drawings have not been pro~ided, staff would note that the applicants' have resubmitted sheet L 1.0 "Preliminary Site Reference Plan" which includes conceptual placement of this building to provide a frame of reference. This plan shows a footprint of approximately 740 square feetl and the general area identified for development appears to be an approximately 33-foot by 42-foot pad which seems sufficient to accommodate the uses described while providing a 33-foot 1-inch separation from the existing chiller enclosure. Space is identified for site circulation from the rink and around the proposed building, and an area for future bicycle parking at the building is also illustrated. They applicants have also noted that they would conduct a similar design process to that carried out to date for the Cafe building, with meetings with neighbors as well as input from the Parks and Historic Commissions to arrive at a design compatible with the site and surroundings, including the proposed buildingl and would then go through the City's land use review process. The ice rink support building would be constructed at the applicants' expense prior to final occupancy of the Cafe building. Staff would recommend that the Commission include recommendations for the Development Agreement which require that the building accommodate all of the uses noted and be adequately sized to do so; be architecturally compatible with the park, neighborhood and proposed building; that the final design be developed with input from the Parks and/or Historic Commissions; and that the applicants be fully financially responsible for the land use approval process, permitting and associated fees, and construction of the building. In response to the staff recommendations that the zone change requested be limited solely to 85 Winburn Way (the cafe lot), the applicants asked that the Commission also consider inclusion of the ice rink lot. If the ice rink lot were to remain residentially-zoned, the adjacent cafe lot would be subject to a ten.foot per story side yard setback requirement which could alter the current design of the building and impact the relationship between the ice rink and the Planning Action PA # 2010-01239 - Winburn Re-Zone Applicant: Urban Development Services Ashland Planning Division - Slaff Report Addendum Page 5 of 16 cafe which the applicants have worked to develop with the current design. At the meeting, Commissioners had asked for a staff response to this issue. As previously noted, staff's recommendation to limit the zone change solely to the 85 Winburn Way cafe lot was based on the fact that the current residential zoning seems well-suited to the established institutional uses including Pioneer Hall and the Community Center. R-1 zoning explicitly provides for "parks and recreational facilities" as permitted uses, and other than the fact that this zoning has prohibited rental use of these facilities for short-term "for profit" retail sales there have been no issues with their long term operation under this zoning designation. The Ashland Parks & Recreation Commission and Parks Department have taken no position with regard to the proposed zone change. The existing Roberts/Mattson gated private parking lot adjacent to the Community Development building is a grandfathered non-conforming use under the current zoning, and would remain non- conforming under the proposed C-1-D zoning, which allows for parking lots by themselves only as a public or quasi-public use, not as a gated private facility, The fact that this lot's future uses, or any impacts thereof, when it develops to the full commercial potential under the proposed C-1-D zoning are not addressed in the application and that the property owners have generally indicated that while they are agreeable to inclusion in the zone change request they are not interested in restrictions on development of the site beyond what is allowed elsewhere in the C-1-D zoning district, pose more concern for staff than does potential residential development. With that said, besides the cafe lot staff believes that the ice rink lot is the one most suited to the C-1- D zoning designation as both of its existing uses (the ice rink and the parking lot) fit well with the permitted uses of this zoning designation, In addition, as noted by the applicants, the C-1-D zoning for this site would eliminate the setback requirements and allow for a better flow between the proposed cafe building and the ice rink as no side yard setback would be necessary. Finally, C-1-D zoning requirements would likely better accommodate the ice rink support building proposed to be constructed by the applicants in the immediate future as it would eliminate standard residential setback requirements and thus subject the building to a clearer Site Review process. Can staff provide recommendations with regard to the applicants'list of uses of the proposed building for inclusion in the Development Agreement? Testimony from past property owners and business operators for the site indicated problems due to the uncertainty of the cafe use's non-conforming status. While certain commercial uses are appropriate given the site's relationship to the ice rink, Uthia Park and the other adjacent public uses and buildings, the site's location is at the periphery of downtown in an area that has long served to provide a transition between the historic Granite Street residential neighborhood, National Register- listed historic resource Uthia Park, and the more intense uses concentrated in the core of downtown. Conservatively, staff supports an abbreviated list of uses to be established through the Development Agreement as a means to limit incompatible land uses while focusing on those that complement and enhance adjacent uses and are in keeping with the transitional nature of the site's location. A primary concern of the Historic Commission was that the future uses of the proposed building be limited to those which would be compatible with the National Register of Historic Places-listed Uthia Park. Their concerns over compatible future uses were mostly general, seeking assurances of compatibility through a limitation on uses in the Development Agreement because without a parking requirement many changes in use will not trigger further discretionary review, although they did note a Planning Action PA # 2010.01239 - Winbu rn Re-Zone Applicant: Urban Development Services Ashland Planning Division - Staff Report Addendum Page 6 of 16 specific concern with the potential for future transition of the building's use to a mini-mall, factory outlet mall, or to similar uses of that nature. At the November meeting, the applicants provided a red-lined list of permitted and conditional uses within the C-1~D zoning district, with uses that they deemed incompatible and proposed to eliminate from the permitted uses through the Development Agreement. This submittal also included draft language restricting the installation of formula or chain stores or restaurants in most instances in an attempt to address the concerns of the Historic Commission, as well as proposing limits to building height of 30 feet, with heights up to 40 feet allowed as conditional uses - excepting the proposed building, which exceeds the 30 foot height limitation. Staff has reviewed this list, and a revised version incorporating staffs recommendations, discussed below, is provided in the packet. Generally speaking, staff believes that a primary basis for the zone change arises out of the mutually beneficial relationship which the applicants propose to establish between the proposed cafe and the adjacent park, ice rink, and surrounding public/lnstitutional uses. While a zone change would permit additional uses beyond merely the cafe, staff believes that the list of allowed uses should be carefully limited to those that are compatible with the site's context and that are likely to maintain the mutually beneficial relationship that provides the basis for an approval here. Staff have accordingly recommended removing medical offices, department stores, night clubs and bars from the list proposed by the applicants. Neighboring businesses owners discussing the proposal with staff have raised concern over the fact that nightclubs and bars are permitted uses within the C-1- D district, and have questioned whether a nightclub or bar use is appropriate here, at the periphery of the downtown, in a National Register-listed park next to a heavily used children's playground, community ice rink and residential neighborhood. In staff's view, these are valid concerns and we have recommended that nightclubs and bars not be permitted in this location. With regard to Special Permitted Uses, staff would recommend that item "B", which the applicants had proposed to strike, be retained. This use includes "bowling alleys, auditoriums, skating rinks, and miniature golf courses." Given that one of the lots involved is currently used as an ice skating rink it seems necessary to maintain the permissibility of the existing use. The applicants proposed list of uses retains some conditional uses, including hotel/motel use which is the only use to require provisions for off-street parking within the C-1-D district. Given that no off- street parking is to be provided, and the sensitive nature of the site, staff questions whether retaining hotel and motel use is appropriate. Approval of a conditional use permit for hotel/motel use at this site would also require a variance to the off-street parking requirement, and staff believe that it would be difficult to find that such a variance was not self-imposed when the applicants have sought a zone change to redevelop the site without any off-street parking. Staff are accordingly recommending that hotel and motel uses be removed from the list of allowed conditional uses, The applicants have recommended striking item "F" from the list of conditional uses, which would otherwise allow outdoor storage of commodities associated with a permitted, special permitted or conditional use. In staff's view, there are circumstances in the future where outdoor storage of commodities could be beneficial, and inclusion as a conditional use would allow future discretionary review before any such use was instituted. We would recommend that this item remain a conditional use for the subject properties. Planning Action PA 11 2010-01239 - Winburn Re-Zone Applicant: Urban Development SelVices Ashland Planning Division - Staff Report Addendum Page 7 of 16 Can staff review and provide comment on the applicants proposed sidewalk closure and construction staging plan? In response to concerns by neighboring business owners over the potential impacts to parking and circulation in the vicinity from an extended large scale construction process, staff had previously recommended that details of the construction timing and staging be worked out in the Development Agreement to minimize these impacts. At the last meeting, the applicants submitted a plan detailing the likely sidewalk closure necessary to accommodate their construction. This submittal notes that a portable tower crane wH! be used during construction for loading and unloading of trucks without blocking traffic. The plan indicates that with the use of the crane, impacts on traffic will be light with no expectation of ever closing Winburn Way and almost always having both lanes of traffic open, even when loading and unloading. Staff recognizes that the magnitude of the proposal means that there will be construction occurring through a summer season. Our concern is to see that the timing of the project, and the associated staging of the construction, is managed in such a way that disruptions to circulatlon on Winburn Way as well as any blockage of parking spaces during periods of high demand are kept to a minimum. Based on the plan provided, and subsequent discussion with the applicants' team, staff believe that the applicants are committed to minimizing the impacts of the development and that final details of a construction staging and timing plan addressing impacts to parking and circulation can best be worked out between staff and the applicants' team. We accordingly recommend that the Development Agreement include a requirement that the applicants develop a final construction timing, staging and circulation plan to minimize impacts to nearby parking and circulation to the greatest extent possible for the review and approval of the Staff Advisor and Public Works Director prior to the issuance of a building permit. Can the recent Sneak Preview article on the project be included in the record? At Commissioner Dawkins request, this article has been included in the record and copies provided for the Commissioners. III. Procedural - Reauired Burden of Proof The criteria for Comprehensive Plan Map Amendment and Zone Change approval are described in AMC 18.108.060.8 as follows: 1. Zone changes, zoning map amendments and comprehensive plan map changes subject to the Type III procedure as described in subsection A of this section may be approved if in compliance with the comprehensive plan and the application demonstrates that one or more of the following: a. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan; or b. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances; or c. Circumstances relating to the general public welfare exist that require such an action; or Planning AcHon PA # 2010-01239 - Winburn Re-Zone Applicant: Urban Development SelVices Ashland Planning Division - Staff Report Addendum Page 8 of 16 d. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, wlll provide 25% of the proposed base density as affordable housing consistent with the approval standards set forth in 18.106.030(G); or e. Increases in residential zoning density of four units or greater on commercial, employment or industrial zoned lands (Le. Residential Overlay), will not negatively impact the City of Ashland's commercial and industrial land supply as required in the Comprehensive Plan, and will provide 25% of the proposed base density as affordable housing consistent with the approval standards set forth in 18.1 06.030(G). The total number of affordable units described in sections D or E shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compllance with affordable criteria for a period of not less than 60 years. Sections D and E do not apply to councll initiated actions. The criteria for Site Review approval are described in 18.72.070 as follows: The following criteria shall be used to approve or deny an application: 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. (Ord. 2655,1991; Ord 2836 S6, 1999) The criteria for a Physical & Environmental Constraints Review Permit are described in AMC Chapter 18.62.040.1, as follows: 1. Through the appllcation of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. 2. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. 3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. Planning Acl10n PA # 2010-01239 - Winburn Re-Zone Applicant: Urban Development Services Ashland Planning Division - Slaff Report Addendum Page 9 of 16 The criterIa for a Tree Removal Permit are described in AMC Chapter 18.61.080, as follows: An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an arborist's report to substantiate the criteria for a permit. A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. 1, A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or property, A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning. 2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18.61.084, Such mitigation requirements shall be a condition of approval of the permit. B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1." The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards. (e,g. other applicable Site Design and Use Standards). The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone, Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures or alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18,61.084. Such mitigation requirements shall be a condition of approval of the permit. Planning AcUon PA # 2010-01239 - Winburn Re-Zone Applicant: Urban Development Services Ashland Planning Division - Staff Report Addendum Page 10 of 16 IV. Conclusions and Recommendations In staffs view, some of the key decision points in considering the application are as follows: Comprehensive Plan Map & Zone Chanf;le Which criterion merits approval of the zone change? To merit approval, the applicants must demonstrate that the proposal meets one or more of the applicable criteria which include: a) the change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan; b) a substantial change in circumstances has occurred since the existing zoning or plan designation was proposed, necessitating the need to adjust to the changed circumstances; or c) circumstances relating to the general public welfare exist that require such an action. For staff, the most applicable criteria have to do with public need and benefits to the public welfare through the proposal, and we accordingly have tried to weigh the benefits against likely impacts, most notably parking impacts to the surrounding district, and have provided recommendations for some ways to offset these parking impacts through an in-lieu-of-parking fee, future parking district assessment, and/or provisions to encourage employees and customers of the proposed building to use other modes of transp011ation. Should the zone change be limited to the cafe and ice rink lots~ as recommended by staff? Staff believe that a re-zoning of this nature and magnitude merits comprehensive master planning effort to includes a thorough analysis of all potential impacts ofthe proposal, including but not limited to a complete consideration of the likely impacts to a well-used downtown parking supply in the immediate vicinity, and which demonstrates a clear public benefit. Inclusion within the C-I-D district with no requirement to provide parking on site imparts a significant value to the applicants by accommodating their full private parking demand within the public realm, and in staffs view the added demand to the downtown parking situation which comes with re-zoning must be fully considered and the impacts addressed. We do not believe that the application as it currently stands sufficiently discusses the potential impacts of the future development of the Robel1sMattson lot or provides sufficient justification for re~zoning of the existing Parks buildings, nor do we believe that alleviating the uncel1ainty of residential development is a sufficient public benefit to merit approval of a zone change for all four ofthe properties proposed. Staffs recommendation is that the Comprehensive Plan Map Amendment and Zone Change be limited to the 85 Winburn Way cafe lot and the ice rink lot, and that the zoning for the RobertslMattson lot and Parks building remain residential. Site Review Does the proposed building satisfy the applicable criteria, and are visual impacts and design compatibility addressed to the Commission's satisfaction? The Planning Commission must determine whether the unique physical constraints of the site and the nature of the building and its proposed use mitigate any issues of scale or design compatibility. Staff believes that a finding can be made that while the building is in a prominent location relative to historic Lithia Park, physical constraints of this location including the Ashland Creek riparian corridor and Winburn Way street corridor to the fl.-ont, the steeply-sloped and heavily- treed hillside to the rear, and skating rink/parking lot to the Planning AcUon PA # 2010-01239 - Winburn Re-Zone Applicant Urban Development Services Ashland Planning Division - Staff Report Addendum Page 11 of 16 side mitigate the building~s bulk~ mass and scale by providing sufficient separation from sllU'ounding uses on three of its four sides, and that the applicants~ eff0l1s to integrate the site and its proposed improvements and uses with the Ice Rink, Pioneer Hall and Winbum Way pedestrian corridor are reflective ofthe unique role they propose to establish for the building within the park and streetscape. Physical & Environmental Constraints Review Permit Have you received sufficient information to meet the burden of proof for the proposed development of severe constraint lands, given the relatively minimal level of impact to these lands proposed? In staffs view~ the materials provided can be found to adequately address the submittal requirements and approval criteria with the imposition of the conditions below requiring that final geotechnical recommendations and foundation engineering be submitted with building permits. Development Aareement Do you hare any specific recommendations for the City Council for inclusion in the Development Agreement? Staff have recommended that the Development Agreement include limitations on future uses to ensure their compatibility with the surrounding historic resources. Specifically~ staff believe that the Commission should consider the appropriateness of nightclubs and bars in this location, and whether hotelfmotel use and other conditional uses are appropriate to this unique site, and we have recommended that these uses be restricted in the Development Agreement. Staff also recommend that the Development Agreement provide for a final constmction staging~ timing and circulation plan to be reviewed and approved prior to commencement of construction. The Commission may wish to identify additional items for inclusion~ or to modify staffs recommendations. Should the Planning Commission feel that sufficient information has been provided to reach a decision and concur with staff on the items discussed above, we would recommend that the Comprehensive Plan Map Amendment and Zone Change be limited to the 85 Winburn Way cafe lot and the ice rink lot, and that the Site Review, Physical & Environmental Constraints Review and Tree Removal Permits be approved with the conditions below attached. The Commission will need to determine whether, and to what degree, parking impacts of the proposal merit consideration and what fonn any required mitigation measures will take, and to identify any additional limitations on uses of the site for inclusion in the Development Agreement. 1) Tliat all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the plans submitted for the building permit shall be in substantial conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify this approval shall be submitted and approved prior to issuance of a building permit. Planning Action PA # 2010-01239- Winburn Re-Zone Applicant: Urban Development Services Ashland Planning Division - Staff Report Addendum Page 12 of 16 3) That a sign permit shall be obtained prior to installation of any new signage. All signage shall meet the requirements of Chapter 18.96. 4) That a geoteclmical repOlt consistent with the requirements of AMC 18.62.100.D prepared by a licensed geoteclmical expelt, and stamped engineering addressing shOlting of the hillside with construction, shall be provided for the review and approval of the Staff Advisor and Public Works Director at least twenty days prior to Council consideration of the Development Agreement. 5) The approved uses of the site shall be limited to those explicitly established in the Development Agreement. 6) That prior to the submittal of a building permit: a) All easements, including public and private utility easements, mutual access easements, public pedestrian access easements, and firefighter access pathway easements shall be identified in the building permit submittals. b) That a stormwater drainage plan shall be submitted for the review and approval of the Planning, Building, and Engineering Divisions. c) Engineered construction drawings for the improvements to Winburn Way shall be provided for the review and approval of the Planning and Engineering Depmtments prior to building permit submittal and prior to any work within the street right-of-way or pedestrian c01'ridor. The final engineered designs shall include details for full-drop apron wings where the sidewalk crosses the driveway to the Ice Rink. The applicants shall obtain necessary Public Works permits and inspections for work to be completed within the public right-of-way; concrete color selection shall the standard approved color within Ashland's Hist01'ic Districts. d) A final utility plan for the project shall be submitted for the review and approval by the Planning, Engineering and Building Divisions prior to issuance of a building permit. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. Utility installations, including any necessary fire protection vault, shall be placed outside of the pedestrian corridor, and necessary public utility easements on the property shall be shown on the building permit submittals. e) The applicant shall submit an electric distribution plan including load calculations and locations of all primary and secondary services including transformers, cabinets and all other necessary equipment. The plan shall address maintaining line truck access to the three-phase transformer free of any obstructions including the trash enclosure, and shall address how the existing services to the Community Center and Pioneer Hall are to be relocated. This plan shall be reviewed and approved by the Planning, Planning Action PA # 2010-01239- Winburn Re-Zone Applicant: Urban Development Services Ashland Planning Division - Slaff Report Addendum Page 13 of 16 Building, Engineering and Electric Departments prior to building permit submittal. Transformers and cabinets shall be located outside of the pedestrian conidor, in those areas least visible from the street while considering the access needs of the Electric Depat1ment. f) That exterior building materials and paint colors shall be compatible with the surrounding area, and sample exterior building colors shall be provided with the building permit submittals for review and approval of the Staff Advisor. Bright or neon paint colors shall not be used in accordance with II~C-2f) of the Detail Site Review Standards. g) That the windows on the ground floor shall not be tinted so as to prevent views from outside of the building into the interior of the building, The building plan submittals shall also include specifications for treatment of the glass on the central glass roof element demonstrating that it shall not create glare to sun'ounding propel1ies. h) That the building's foundation shall be designed by an engineer 01' architect with demonstrable geotechnical design experience in accordance with 18.62.080.F, and a final comprehensive geotechnical investigation report and specific soil engineering design recommendations shall be provided along with written verification from the project geotechnical expel1s addressing the consistency ofthe building permit design submittals with these geotechnical recommendations (e.g, foundation plan, grading plan and drainage plan, required geotechnical inspection schedule, etc.) with the building permit submittals. i) That the applicants develop a construction timing, staging and circulation plan to minimize impacts to nearby parking and circulation to the greatest extent possible for the review and approval of the Staff Advisor and Public Works Director prior to the issuance of a building permit. 6) That prior to the issuance of a building permit: a) That the recommendations of the Tree Commission's November 4th, 2010 meeting shall be conditions of approval where consistent with applicable standards and with final approval by the Staff Advisor, and shall be incorporated into a revised Tree Preservation and Protection Plan (if necessary), b) That a Verification Permit in accordance with 18,61.042.B shall be applied for and approved by the Ashland PlaMing Division prior to the removal of the five trees to be removed from the site or the two trees to be relocated, and prior to site work including demolition, storage of materials and/or issuance of a building permit. The Verification Permit is to inspect the identifications of trees to be removed and the installation of tree protection fencing to protect the trees to be retained. The tree protection fencing shall be installed according to the approved Tree Protection and Removal Plan, inspected and Planning Action PA # 2010-01239 - Winburn Re-Zone Applicant: Urban Development Services Ashland Planning Division - Staff Report Addendum Page 140116 approved by the Staff Advisor prior to site work including demolition or tree removal, storage of materials and/or issuance of a building permit. c) That the applicants shall obtain approval of a DemolitionlRelocation Permit through the Building Division and any necessary inspections associated with the demolition ofthe existing structure. d) The applicant shall provide a revised LandscapelIrrigation Plan which addressed the Water Conserving Landscaping Guidelines and Policies of the Site Design and Use Standards, including irrigation controller requirements to allow multiple/flexible calendar programming. The revised landscape plan shall include planting details for the green roof with plant selections suited to Ashland's climate and consistent with the Water Conserving Landscaping Guidelines. e) All exterior lighting shall be appropriately shrouded so as not to pelmit direct illumination of any adjacent land. Lighting details, including a scaled plan and specifications detailing shrouding, shall be submitted to the Staff Advisor for review and approval with the building permit submittals. 1) All mechanical equipment shall be screened from view from the Winburn Way streetscape. The locations of mechanical equipment and any associated screening shall be shown on the site plan and elevations in the building permit submittals. g) The requirements of the Building Division shall be satisfactorily addressed, including but not limited to requirements that the grease interceptor be relocated to an area where it can be serviced during business hours and which is less susceptible to odor during servicing. h) The requirements ofthe Ashland Fire Depm1ment shall be satisfied, including that all addressing shall be approved prior to being installed; that an approved firefighter access pathway be provided and maintained around the building; that adequate fire flow be provided; that adequate clearance be provided around hydrants; that any gates, fences or other obstructions which could impede fire access shall be identified on all plans for the review and approval ofthe Fire Department; that high piled storage requirements be addressed in the permit submittals, if applicable to the final proposal; that a fire depmiment connection and key box be provided; and that the trash enclosure not be placed under combustible overhangs or within five feet of openings. i) That the tree protection, erosion control or shoring measmes shall be installed according to the approved plan prior to any site work including demolition, storage of materials, issuance of an excavation permit and issuance of a building permit. The erosion control measures shall be installed as identified in the geotechnical report. Tree protection, erosion control and shoring measmes shall be inspected and approved by the applicants' geo~technical Planning Action PA # 2010-01239 - Winburn Re-Zone Applicant Urban Development Services Ashland Planning Division - Staff Report Addendum Page 15 of 16 engineer and the Staff Advisor prior to other site work, storage of materials, the issuance of an excavation permit, and/or the issuance of a building pelmit. 7) That prior to the issuance of a certificate of occupancy: a) That the screening for the trash and recycling enclosure shall be installed in accordance with the Site Design and Use Standards. An opportunity to recycle site of equal or greater size than the solid waste receptacle shall be included in the trash enclosure in accordance with 18.72. IIS.B. b) All landscaping and the irrigation systems shall be installed in accordance with the approved plan, inspected and approved by the Staff Advisor prior to the issuance of a ce11ificate of occupancy. c) That street trees, one per 30 feet of street frontage, shall be installed along the frontage of the development in accordance with the approved final landscaping plan and prior to issuance of the ce11ificate of occupancy. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards. The street trees shall be irrigated. d) All public and private improvements, including but not limited to the proposed cafe/restaurant and ice rink buildings, sidewalks, drop-off areas, street trees, street lighting, and Pioneer Hall cOUltyard improvements including the seating wall shall be completed in a manner consistent with the approved plans and development agreement prior to final occupancy approval. The ice rink support building shall accommodate all of the uses noted (administrative office space, skate storage/rental, public restrooms and zamboni garage) and be adequately sized to do so; shall be architecturally compatible with the park, neighborhood and proposed cafe building; shall be designed with input from the Parks and/or Historic Commissions; and its design development, land use approval process, permitting and associated fees and charges, and construction of the building shall be the sole financial responsibility of the applicants. Planning Action PA# 2010-01239 - Winburn Re-Zone Applicant: Urban Development Services Ashland Planning Division - Staff Report Addendum Page 16 of 16 STAFF EXHIBIT SRi (CLEAN COpy) Staff's Recommended List of Permitted Uses. The following uses and their accessory uses are recommended to be permitted outright: A. Professional, financial, and business offices, and personal service establishments such as beauty and barber shops. B. Stores, shops and offices supplying commodities or performing services, such as an antique shop, artists supply store, and including a regional shopping center or element of such center. C. Restaurants. D. Theaters, but not including a drive-in. E. Manufacture or assembly of items sold in a permitted use, provided such manufacturing or assembly occupies six hundred (600) square feet or less, and is contiguous to the permitted retail outlet. F. Printing, publishing, lithography, xerography, copy centers. G. Temporary tree sales, from November 1 to January 1. H. Public and quasi-public utility and service buildings, and public parking lots, but excluding electrical substations. Staff's Recommended List of Soecial Permitted Uses. The following uses and their accessory uses are permitted outright subject to the requirements of this section and the requirements of Chapter 18.72, Site Design and Use Standards. A. Bowling alleys, auditoriums, skating rinks, and miniature golf courses. If parking areas are located within 200' of a residential district, they shall be shielded from residences by a fence or solid vegetative screen a minimum of 4' in height. B. Residential uses. 1. At least 65% of the total gross floor area of the ground floor, or at least 50% of the total lot area if there are multiple buildings shall be designated for permitted or special permitted uses, excluding residential. 2. Residential densities shall not exceed 30 dwelling units per acre in the C-1 District, and 60 dwelling units per acre in the C-1~D District. For the purpose of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. 3. Residential uses shall be subject to the same setback, landscaping, and design standards as for permitted uses in the underlying C-1 or C-1-D District. 4. Off-street parking shall not be required for residential uses in the C-1-D District. 5. If the number of residential units exceeds 10, then at least 10% of the residential units shall be affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council through procedures contained in the resolution. The number of units required to be affordable shall be rounded down to the nearest whole unit. Staff's Recommended List of Conditional Uses. The following uses and their accessory uses are permitted when authorized in accordance with the chapter on Conditional Use Permits: A. Temporary uses. B. Outdoor storage of commodities associated with a permitted, special permitted or conditional use. C. Churches or similar religious institutions. Prohibited Uses (As ProlJosed bv the AlJlJlicants) The following uses are to be explicitly prohibited with this approval: Formula or "chain" stores and restaurants are prohibited. For the purpose of this Development Agreement, a formula store or restaurant is a company with ten (10) or more store or restaurant locations nationally, in addition to having two or more of the following characteristics: "branded" trademark, merchandise, uniforms, fa9ade, signage, decor and color. If the formula or "chain" store or restaurant is based in Ashland as its original or "flagship" store or restaurant location, then the use shall be considered permissible under this section. Heiaht Limitations (As ProlJosed bv the AlJlJlicants) The following limitations on building height, which are more restrictive than those applied elsewhere in the C-1-D district, would apply to the properties granted zone change with this approval: Structures which are greater than 30 feet in height, but less than 40 feet, may be permitted as a conditional use unless approved as part of Planning Action #2010-01239, The definition of height shall be as defined in Section 18.08.290. STAFF RECOMMENDATIONS FORAN ABBREVIATED LIST OF USES FOR INCLUSION IN THE DEVELOPMENT AGREEMENT FOR 85 WINBURN WAY (ICE RINK & CAFE LOTS) Deleted Added [Staff Comments] SECTION 18.32.020 Permitted Uses. The following uses and their accessory uses are permitted outright: A. Professional, financial, business and medical offices, and personal service establishments such as beauty and barber shops, launderette, and clothes and laundry pick,up stations. B. Stores, shops and offices supplying commodities or performing services, such as a department store, antique shop, artists supply store, and including a regional shopping center or element of such center, such as a major department store. C. Restaurants. (Ord2612,821998) D. Theaters, but not including a drive-in. E. Manufacture or assembly of items sold in a permitted use, provided such manufacturing or assembly occupies six hundred (600) square feet or less, and is contiguous to the permitted retail outlet. F. Mortuaries and crematoriums. G. Printing, publishing, lithography, xerography, copy centers. H. Temporary tree sales, from November 1 to January 1. I. Public and quasi-public utility and service buildings, and public parking lots, but excluding electrical substations. J. Kennels and veterinary clinics, with all animals housed within structures. K. Nightclubs and Bars. Except as provided in 18.32.030, however, no nightclub or bar is permitted within the Historic Interest Area unless it is lecated in the !lO" Downtown O':erlay District. SECTION 18.32.025 Special Permitted Uses. The following uses and their accessory uses are permitted outright subject to the requirements of this section and the requirements of Chapter 18.72, Site Design and Use Standards. A. Commercial laundry, cleaning and dyeing establishments. 1. All objectionable odors associated with the use shall be confined to the lot upon '.vhich the use is located, to the greatest extent feasible. For the purposes of this provision, the standard for judging "objectionable odors" shall be that of an average, reasonable person with ordinary sensibiHties after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. 2. The use shall comply '....ith all requirements of the Oragon Department of Environmental Quality. B. Bowling alleys, auditoriumsJ skating rinks, and miniature golf courses. If parking areas are located within 200' of a residential district, they shall be shielded from residences by a fence or solid vegetative screen a minimum of 4' in height. [Staff has recommended retaining this item, which the applicants proposed to remove, specifically because it includes skating rinks, which would accommodate the existing ice rink use. Transition to another of the special permitted uses would be subject to Site Review approval.} C. AutomobHe fuel sales, and automobile and truck repair facilities. These uses may only be located in the Freeway Overlay District as shown on the official zoning map. D. Residential uses. 1. At least 65% of the total gross floor area of the ground floor, or at least 50% of the total lot area if there are multiple buildings shaH be designated for permitted or special permitted uses, excluding residential. 2. Residential densities shall not exceed 30 dwelling units per acre in the C-1 District, and 60 dwelling units per acre in the C-1-D District. For the purpose of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. 3. Residential uses shall be subject to the same setback, landscaping, and design standards as for permitted uses in the underlying C-1 or C-1-D District. 4. Off-street parking shall not be required for residential uses in the C-1-D District. 5. If the number of residential units exceeds 10, then at least 10% of the residential units shall be affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council through procedures contained in the resolution. The number of units required to be affordable shall be rounded down to the nearest whole unit. E. Drive up uses as defined and regulated as follows: 1. Drive-up uses may be appro':ed in the C 1 District only, and only in the area east of a line drawn perpendicular to Ashland Street at the intersection of Ashland Street and Siskiyou Boulevard. 2. Drive up uses arc prohibited in Ashland's Historic Interest Area as defined in the Comprehensi'w'e Plan. 3. Drive up uses are subject to the following criteria: a. The average waiting time in line for each vehicle shall not exceed five minutes. Failure to maintain this average 'Naiting time may be grounds for rc':ocation of the approval. b. All facilities providing drive up service shall provide--at-least two designated parking spaces immediately beyond the servioe window or provide other satisfactory methods to allow customers requiring eXGessive \'..aiting time to receive service while parked. c. A means of egress for vehicular oustomers who wish to leave the waiting line shall be provided. d. The grade of the stacking area to the dri'w'e up shall either be flat or downhill to eliminate exoessive fuel consumption and exhaust dufi-Ag tho wait in line. e. The drive up shall be designed to provide as much natural ventilation as possible to eliminate the buildup of exhaust gases. f. Sufficient stacking area shall be provided to ensure that public rights of way are not obstrueteEb g. The sound level of oommunications systems shall not exceed 66 decibels at the property line and shall othel'\"..isc comply '....ith the Ashland Municipal Code regarding sound le'y'els. h. The number of drive up uses shall not exoeed the 12 in existenee--en July 1, 1984. Drive up uses may be transferred to another location in accord with all requirements of this section. The A-Umber of drive"up windo..... stalls shall not exoeed 1 per location, even if the transferred use had greater than one stall. [NOTE: DriveRup uses are not permitted in this area within the CM1eD district anyway.] F. Kennel and veterinary clinics '."here animals are housed outside, provided the-\l&e is-Aot located within 200' of a residential district. SECTION 18.32.030 Conditional Uses. The following uses and their accessory uses are permitted when authorized in accordance with the chapter on Conditional Use Permits: A. Eleotrical substations. B. Automobile fuel sales, and automobile and truck repair facilities, except as allowed as a special permitted use in 18.32.026. C. New and used car sales, boat, trailer, and recreational vehicles sales and storage aroas, except .....ithin the Historic Interest Area as defined in the Comprehensive Plath D. Hotels and motels, [Even in the C.1eD district, hotel and motel uses require parking be provided as noted in 18.32.050.A. If retained as conditional uses, they would also require a variance to the parking requirements and staff sees some difficulty in making a defensible finding that such a variance was not selMmposed when the applicants are seeking to rezone and redevelop the site to specifically not provide parking,] E. Temporary uses. F. Outdoor storage of commodities associated with a permitted, special permitted or conditional use. [In staff's view, retaining both temporary uses and outdoor storage as conditional uses retain flexibility to accommodate unforeseen future uses through a discretionary review. The applicants have proposed to strike outdoor storage.] G. Hostels, provided that the facility be subjeot to an annual Type I revie',,: for at least the first three years, after '....hich time the Planning Commission may approve, under a Type II procedure, a permanent permit for the facility. H. Building material sales yards, but not including concrete or asphalt batch or mixing plants. 1. Churches or similar religious institutions. J. '1Vireless Communication Facilities not permitted outright and authorized pursuant to Section 18.72.180. K. Struetures '....hich arc greater thaA forty (40) feet in height, but less than fifty~fivo (66) f-cet, in the "D" Downto'....n Ovorlay District. PROHIBITED USES PROPOSED TO BE ADDED TO LIST BY THE APPLICANTS: A. Formula or "chain" stores and restaurants are prohibited. For the pumose of this Development Agreement. a formula store or restaurant is a company with ten (10) or more store or restaurant locations naUonallv. in addition to havina two or more of the followina characterisUcs: "branded" trademark. merchandise. uniforms. fayade. sianaae. decor and color. If the formula or "chain" store or restaurant is based in Ashland as its oriainal or "flagship" store or restaurant location, then the use shall be considered permissible under this section. [This prohibition has been proposed by the applicants as a means to address the issue of factory outlet malls raised as a concern by the Historic Commission as well as national franchise restaurants and stores.] SECTION 18.32.040 General Regulations. A. Area, Width, Yard Requirements. There shall be no lot area, width, coverage, front yard, side yard, or rear yard, except as required under the Off-Street Parking and Solar Access Chapters; where required or increased for conditional uses; where required by the Site Review Chapter or where abutting a residential district, where such setback shall be maintained at ten feet per story for rear yards and ten feet for side yards. (Ord 2859 81, 2000) . B. Maximum Building Height. No structure shall be greater than 40 feet in height. SECTION 18.32.050 "0" Downtown Overlay District. A. In all areas within the "0" Downtown Overlay District, all uses are not required to provide off-street parking or loading areas, except for hotel, motel, or hostel uses. All parking areas provided shall comply with the Off-Street Parking chapter and the Site Review chapter. B. Structures which are greater than 40 30 feet in height, but less than &e 40 feet, may be permitted as a conditional use unless approved as part of Plannina Action #2010-01239, The definition of heiaht shall be as defined in SecUon 18.08.290. [This language proposed by the applicants allows for a building height of 30 feet as an outright permitted usej with an allowance to go to 40 feet with a conditional use permitj and provides that the building proposed here to exceed these outright limitations is being explicitly allowed subject to this approval. In staffs viewj this recognizes the need for contextual compatibility with the neighboring residential zoning district and addresses concerns raised by Granite Street neighbors during testimony.] C. The solar access setback does not apply in the "0" Overlay district.1l "WINBURN WAY" SUPPLEMENTAL GEOTECHNICAL INFORMATION In addition to the Findings of Fact starting on Page 70 of the application narrative submitted on September 16th, 2010, the following supplemental infOlmation is being provided to fmiher address the criteria for a Physical and Environmental Constraints Permit. Approximately 280 square feet of the nOlihwest corner of the proposed building's main floor (roughly 7 ft. x 40 ft.) encroaches into the existing rear slope that exceeds 35%. The building's rear wall will be designed to retain the existing slope and stabilize erosion in this area. A comprehensive geotechnical investigation rep011 and specific soil engineering design recommendations that meet the requirements of the Physical and Environmental Constraints Ordinance will be submitted with the building permit application as described below. Section 18.62.100 Development Standards for Severe Constraint Lands: A. Severe Constraint Lands are extremely sensitive to development, grading, filling, or vegetation removal and, whenever possible, alternative development should be considered. With the exception of minor encroachments into the existing hillside to construct the rear retaining walls of the proposed building, development will occur within the footprint of the existing structure and parking lot. Grading, vegetation removal, cut slopes, and shoring will be kept to the minimum necessary to construct the foundations and rear retaining walls of the proposed building. B. Development of floodways is not permitted except for bridges and road crossings. Such crossings shall be designed to pass the 100 year flood without raising the upstream flood height more than six inches. The project is not located in the floodway. C. Development on lands greater than 35% slope shall meet all requirements of section 18.62.080 in addition to the requirements of this section. All requirements of section 18.62.080 will be met by the final plans and documents submitted for building permit application. D. Development of land or approval for a planning action shall be allowed only when the following study has been accomplished. An engineering geologic study approved by the City's Public Works Director and Planning Director establishes that the site is stable for the proposed use and development. Tq.e~t!!dy ,~hallincJud~i ~ :t; ?j'.''''''- ~:1 f:1".-.'C ;.~ \;\:~f ;.~ . ,.'_n .. .,',,'.:."i- ~:: WIN B URN WAY - Supplemental Geotechnical Illformatioll December 3, 2010 [J[C 0 3 Z01~ the following: 1. Index map. See sheet AS 1.0 2. Project description to include location~ topography, drainage, vegetation, discussion of previous work and discussion of field exploration methods. See submitted plans for location, topography, drainage, and vegetation. Field exploration has consisted of a preliminary level of geologic recOlmaissance. Future exploration will include subsurface exploration and more detailed geologic reconnaissance. 3. Site geology, based on a surficial survey, to include site geologic maps, description of bedrock and surficial materials, including artificial fill, locations of any faults~ folds, etc., and structural data including bedding, jointing and shear zones, soil depth and soil structure. The hillside is comprised of highly weathered and fractured granitic bedrock. Local and thin deposits of cemented alluvial deposits and man-made fill are also present but to a lesser degree. Surficial soils, where present above the cutslope, consist of silty sand. No groundwater seepage from the hillside was evident in July 2010. The bedrock discontinuities (bedding, jointing, shearing, fracturing, etc.) were obscured by heavy vegetation. The vegetation will be removed to allow detailed observation as part of the future geotechnical investigation. The flat lower portion of the site at the base of the hillside is assumed to consist of a thin layer of man-made fill over natural stream alluvium. Groundwater is assumed to be less than 10' deep and subject to seasonal fluctuations. The stream alluvium is expected to be partly composed of very large boulders. 4. Discussion of any off-site geologic conditions that may pose a potential hazard to the site, or that may be affected by on-site development. The only off-site geologic condition that may affect the site is the existing slope above the development. The potential hazard may increase slightly during an earthquake shaking event. A geotechnical investigation and specific soil engineering design recommendations to mitigate this hazard, stabilize the existing slope, and protect the proposed building will be submitted with the building permit application. WINB URN WAY - Supplemelltal Geotechnical Illformatioll December 3,2010 DEe {I 3 2010 2 S. Suitability of site for proposed development from a geologic standpoint. Based on our observations of the site and understanding of the proposed development, we believe the site is suitable for the proposed development. 6. Specific recommendations for cut slope stability, seepage and drainage control or other design criteria to mitigate geologic hazards. Specific soil engineering design recommendations for these and other important items will be developed as part of the future geoteclmical investigation report. Specific recommendations for soil engineering construction observation and testing services will also be provided. 7. If deemed necessary by the engineer or geologist to establish whether an area to be affected by the proposed development is stable, additional studies and supportive data shall include cross-sections showing subsurface structure, graphic logs with subsurface exploration, results of laboratory test and references. All necessary geoteclmical engineering design criteria and supporting data will be presented in the future geoteclmical investigation report. 8. Signature and registration number of the engineer and/or geologist. All responses to Items D.2 through D.9 presented herein were prepared by Rick Swanson, P.E., G.E., Registration Number 16885, of Marquess & Associates. All future geotechnical engineering reports and letters will be prepared, stamped, and signed by Rick Swanson. 9. Additional information or analyses as necessary to evaluate the site. See Item D.7. DEe 0 3 2Dl0 WINB URN WA Y - Supplemental Geotechnical IlIformatloll December 3,2010 &ril Lucas From: Sent: To: Subject: Lloyd Haines [Ihaines@jeffnet.org] Thursday, November 18, 20104:02 PM lucasa@ashland.or.us planning action 2010-01239 I " , . Ik';'-' NOV 1 8 2010 Ladies and Gentlemen: >t, '-, f- My name is Lloyd Matthew Haines. My office is located at 96 North Main Street, Ashland, and I am the part or total owner of 7 downtown building, some of which are located in the C-1-D district, and some which are zoned C-1. All of the building are located within blocks of the proposed zoning action. Please consider this eMmail as testimony for the Planning Action relating to 59-85 Windburn Way, #2010-01239. I will do my best to attend the Hearing. In any event, this e-mail should be entered into the record. My opposition to the proposal Zone change and other requests) relate almost exclusively to the parcel on which a 10,000+ square foot building is to be constructed and which will contain a restaurant with over 120 seats. My opposition to the request relates mainly to the conversion of the property to C-1-D zoning, which will eliminate any parking requirement for the building. I believe this action is totally unreasonable and contrary to the good of the downtown parking situation. As we all know, especially those of use who own downtown property, the parking situation is problematic, especially during the high season. The City, downtown merchants and building owners have dealt with the issue over the years. The City has instituted a parking violation policy which increased fines for serial offenders, Those offender include many downtown workers who routinely have difficulty finding adequate parking in the downtown area. By adding another 120 seat restaurant and building to the downtown without a parking requirement, will only exacerbated the problem. Those of us who have developed property down town have lived with the C-1-D map and have done what we must to create new commercial space. I, who developed Water and Central street projects, was required to create off street parking. I created an off street parking lot at 91 Water street to accommodate retail, office and restaurant use at 51 Water street, a building smaller than the proposed windburn way building. In addition, the Plaza Inn and Suites was required to create a parking lot, including underground parking, for their 106 rooms. Lastly, the Ashland Creek Condos located at 71 Water Street have a off street parking lot to accommodate the 15 units located in that complex. I know the Ashland Creek Inn, also located on Water Street, was denied expansion as a result of insufficient parking. Water street is not dissimilar to Windburn way, in that 31 Water Street(Taj Indian Cuisine and Caldera Pub), a Commercial building in the C-1-D zone, does not have a parking requirement, but the building next door, Le., 51 Water Street(Beasy's,Blue Giraffe) does, This situation also occurs on Lithia Way, where the North light project was required to create off street parking, but the other side of the street in the C-1-D zone is exempt. All that being said, we, the City, have drawn boundaries to permit historic and Main street buildings to operate without off street parking requirements. However, as we move away from Main Street, things change and parking must be addressed. It is imperative that it be addressed in this application. In principle, I have no problem converting the existing "fast food" parcel(and home of the proposed new restaurant) into commercial property, which acknowledges the years of use of this residential property in a commercial manner. I do, however, strongly object to converting it into C-1-D and eliminate the off street parking requirement. 1 The City has talked endlessly about creating adequate parking for the downtown corridor. Now may be a pertect time to expand the discussion and create a system where development proposals that have difficulty providing adequate parking, pay into a new Downtown Parking Development Fund, which would be created and used to acquire appropriate land to create a "real world" parking lot that will address the needs of the downtown for the next 20 years. Property at the end of Water Street comes to mind(the old SOS Plumbing land), now abandoned by SOS Plumbing, as a pertect place for a major, multi-story parking lot, which can serve the downtown and the Rail Road District. In conclusion, rezoning the property which is subject of the action, will unreasonably impact the downtown parking situation, and will be a "change in the rulesll we have all lived by in the downtown corridor. Thank you for considering this testimony. Best regards, Lloyd Matthew Haines Owner of Downtown Property 2 p::r.f/,y 0001:: 'oN 101 xel :0860 3.61:: 'ON deV'J s,JOssassv ~22 w ~ ~ ~ 1m $ WCO'OOp.lO~@1lo.fI ~~~ () ~ 8 , 0, l(~ZQI~UoS 01:9L6 ClO 'puel~sv irdJ ~ ~(S~OltsS u'S ::: ~!~ '" SmlJH:J~1f3dv.1SalNl f.eM uJnqu!M 98 ~~i <ill ~ '- \. 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UNFINISHED BUSINESS CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Study Session to Review Community Development Department Projects and Priorities November 1,2010 Primary Staff Contact: Community Development E-Mail: None Secondary Contact: Mmtha Bennett Estimated Time: Bill Molnar molnarb@ashland.or.us None 60 minutes Question: Does the Council have direction about the projects and work priorities of the Community Development Department? Staff Recommendation: This is presented to the Council as a discussion item. Background: During deliberation on the Croman Mill Mastel' Plan members of the Council asked about the status of other Community Development Projects. In addition to the mandatory work related to development; the depmtment has several projects that relate to City Council goals, The depmtment also has several projects that relate to State and Federal mandates and to Regional Problem Solving. Lastly, there are several long-range Planning projects that staff could take on as time is available. Staff is seeking Council concurrence with the project priorities and timelines. Staff also seeks Council direction on the priority that should be given to the other projects, Existine: Proiects Related to Council Goals 1. Develop a Strategy fOl' Funding Public Facilities and Infrastructure for Economic Development Projects. As a potential tool to help advance the objectives of the Council's Economic Development Strategy; the Community Development Department will evaluate the feasibility of forming one or more urban renewal districts, and financing projects with Tax Increment Financing (TIF). At the September 21st meeting, Council authorized Community Development staff to move ahead with an Infrastructure Financing Plan and Urban Renewal Feasibility Study, The initial feasibility study will be conducted by a consultant with expertise in the area of urban renewal and the results presented to the Council consideration of next steps. Which would include determination of district boundaries, types of projects, maximum amount of indebtedness; and urban renewal board governance. 2, Integrated Land Use and Transportation System Plan (TSP) This comprehensive update will integrate future land use and transpoltation system elements thereby including innovative ways to increase multi-modal trips and to make walking; bicycling and transit real options for a wider variety of people. A concise list of project steps include: establishment of advisory committees; review of existing plans and policies; conduct system inventory, evaluate existing and future conditions, pedestrian node (places) evaluation, Page 10f6 ~.l' CITY OF ASHLAND alternative analysis and funding programs, sustainability, preferred alternatives and drafting of implementing ordinances. 3. Pedestrian Places Project This project was folded into the larger project of updating Ashland's citywide TranspOliation System Plan (TSP). The Community Development Depaliment will study three locations as Pedestrian Places - Tolman Creek Rd. /Ashland St., Walker Ave, /Ashland St., and N. Mountain Ave. IE. Main St. Pedestrian Places are intended to provide attractive and functional places for the people living and working within walking distance of the intersections, while promoting a variety of housing and transportation choices, including public transit. The sites selected for the Pedestrian Places project have future deyelopment potential because of the vacant or under developed properties surrounding the intersections. The project is an opportunity to plan for these areas ahead oftime, so that the community's vision and needs for the area are incorporated into city guidelines and standards. This hopefully will give greater celiainty to property owners who are interested in developing or redeveloping their land. The Pedestrian Places project will ultimately culminate with the adoption of illustrated plan amendments and development standards. 4. Convene Stakeholders Working on Issues Related to Homelessness to Develop a Plan for: ~ Replacing services previously provided by ICCA. ~ Developing an emergency shelter for minors. ~ Improving connections to services available in Jackson County to Ashland's homeless. --7 Ensuring Jackson County's 10 Year Plan addresses the specific issues faced in Ashland. Staff have has completed the initial first step of identifying the services previously provided by ICCA, and have reconciled those services with those services currently being provided locally by church groups and non-profit organizations, as well identifying services which are no longer available. Staff is in the process of meeting with providers of social services tlu'oughout Jackson County to evaluate the level of services pl'Ovided to Ashland residents outside of the Ashland area and better identify service gaps locally. To ensure that Jackson County's lO-Year Plan to address homelessness addresses issues specific to Ashland, City Staff continues to be an active member of the Homeless Task Force, to advocate for the needs of Ashland's homeless and at-risk populations and to work to create and maintain partnerships with providers of homeless services throughout the County. The City's Housing Program Specialist is currently the chair of the Homeless Task Force, which allows the City to have more involvement in the Depaliment of Housing and Urban Development, McKinney-Vento funding process and puts the city in a better position to connect the City's homeless and at~risk populations with services that are available throughout Jackson County. Staff has met with the only youth shelter provider in Jackson County, Heatis with a Mission (HWAM), to gain a better understanding of the funding needs of that organization, the demographic trends in homeless youth populations that they serve and what state and federal requirements they are subject to. HW AM reports that of the 65 homeless youth that they have Page 2 of6 ~A' CITY OF ASHLAND provided 2,110 nights of shelter for since they opened in December of2009, none have identified as coming from/residing in Ashland, The majority ofthe population that they serve is female. The youth that utilize the shelter report leaving home due to issues of physical, sexual, and drug abuse in the home. HW AM received $200K CDBG funding from the City of Medford to acquire the building and the site then received monetary and in-kind donations of approx 250K to complete repairs, upgrade, furnish and supply the shelter, HW AM spends approx $300K annually to pay for staff and run the mission, Currently they receive no state 01' federal funding. 5. Complete the Sale of the Clay Street Property to the Parks Department and Propose Development Scenarios for the Remaining Land. The majority of housing units are nearing completion and the Housing Authority of Jackson County is advel1ising their availability for qualified tenants. The entire 60 unit project remains on schedule to be completed before the end of the year. Prior to the end ofthe 'year, Community Development and Parks Department staff will present a proposal where by an approximately 4~acre portion of the parent 10~acre parcel will be pat1itioned off for a park. A memorandum of understanding between the City Council and Parks Commission will clearly outline the obligations for each party. Lastly, Community Development staff will present options to the Council for the remaining one~acre ofland. This could include retaining the land in public ownership, selling the land for market value or soliciting proposal for an affordable or mixed~income project. 6. Impl'ove Clarity, Responsiveness and Certainty of the Development Process The Community Development Depa11ment will build upon the work completed in the 2007 Organizational Audit, by Zucker Systems. A number of the audifs recommendations are being re~examined and fine-tuned to improve the effectiveness ofpel'lnit processing procedures. Improvements to the existing pre~application process will continue to be evaluated. By providing meaningful comments upfront, staff saves time and the applicant saves money when formal applications are filed. Additionally, the city's permit tracking program is being assessed to determine if internal coordination among city depa11ments can be improved, For example, if a permit is electronically put on hold by a department, what tracking parameters are in place to notify the applicant in a timely matter as to the deficiencies of the application? During the last City Budget adoption process, the Community Development Department set benchmarks for evaluating the effectiveness of the development review process, The Department is putting in place systems to more accurately collect information on identified targets, such as the percentage of applications complete at filing, turnaround time for building permit review and issuance as well as average response time to inspection requests. Lastly, a customer questionnaire will be sent applicants, contractors, design professionals, etc. that have been involved with a development review permit (i.e. building permit or land use application) over the past 5~years. The questionnaire is similar to the one sent out in 2007 as pad of the Community Development Organizational Audit. It is intended to provide an assessment ofthe effectiveness of the development review process in a variety of areas and identify specific areas for potential improvement. Page3 of 6 r~' CITY OF ASHLAND 7. Adopt Land Use, Building Codes, and Fee Structures that Create Strong Incentives that Promote Green Development (energy, water, and land efficient and supports a muIti- modal transportation system) The project will evaluate ways to adjust the City's planning application and building permit process to SUppOlt new development that saves energy and water, uses land efficiently and promotes non-automotive travel. Existing regulations that create disincentives to energy, water, land efficiency and transpOltation savings will be identified and repealed if necessary, while changes to the development process that offer incentives for green building methods will be analyzed and recommended for implementation. Community benefits from instituting changes to fee structures that reward green building practices will be assessed. Staffwill track the current effOlt to adopt an optional statewide green building code (i.e. "Reach" code) and, upon adoption by the State, will make these alternate methods readily available to the local building community. Other Projects 1. Historic Distl"ict Rehabilitation and Remodel Standards The Community Development Department's historic preservation program receives periodic grants to complete related planning and public education effOlts. A recent grant was awarded from the State Historic Preservation Office (SHPO) allowing the Department to seek proposals from qualified professionals to revise and expand our existing Historic District Design Standards to provide greater internal consistency, bring the standards in line with the Secretary of the Interior's Standards for Rehabilitation and create greater cettainty for propelty owners contemplating develop within the district. In 2008, the City of Ashland adopted a Historic Preservation Plan for the period of 2009-2018 to provide a strategic roadmap for implementing preservation related projects in Ashland. Included within that Plan is an identification and prioritization of upcoming projects. One of the first priority projects identified is the establishment of more detailed rehabilitation and remodel standards for residential projects within historic districts. These current standards are most useful for the review of residential projects within the historic districts. However, it has been noted that some of these standards conflict with the standards for commercial development within Section VI, the Downtown Ashland section of the Site Design and Use Standards, and that some of the Standards in Section IV -B conflict with or contradict the Secretary of the Interior's Standards for Rehabilitation. 2. Buildable Lands Inventory Update The Community Development depaltment is currently undeltaking a full update of the City's Buildable Lands Inventory (BLI) which will be completed this fiscal year. The BLI was most recently updated in 2005, and this current effort will evaluate all development that has occurred since that time as well as any changes in development potential due to recent ordinance or zone changes. This update of the BLI will quantify all available land suitable for development within the City's Urban Growth Boundary. The City of Ashland maintains the BLI to assess long range planning needs and to assist in evaluating economic development oppOltunities. The update of the BLI in conjunction with Qumterly Census of Employment and Wage (QCEW) databases will permit the city to closely monitor where employment locates, what rate vacant employment land is being absorbed and Page 4 of6 ~.l' CITY Of ASHLAND how much new employment is occurring. Under statewide planning goals a land component of a BLI is utilized to assess whether the Urban Growth Boundary (DGB) contains enough land to satisfy the community's 20 year housing and employment land needs. 3. Regional Problem Solving (RPS) - Plan Amendments Mayor Stromberg and city staff presented Ashland's recommendations relating to adoption of the Greater Bear Creek Regional Problem Solving Plan to the County Planning Commission on August 1ih. County staff has begun crafting some revisions to the plan in response to issues raised to date, and a draft ofthese revisions will be forwarded to Council in the near future, The County Planning Commission will continue to meet regularly into February 2011 to consider the remaining chapters of the plan and any outstanding issues as they prepare a recommendation to the Board of Commissioners, who will ultimately consider adopting the RPS Plan in 2011. The Jackson County Planning Commissioners will meet to discuss any remaining issues relating to Talent, Ashland and Phoenix at a special night meeting tentatively scheduled for 6:00 p.m. on Thursday, November 18th, 2010. Should the Jackson County Board of Commission choose to adopt the RPS Plan, participating cities would need to draft plan and code amendments which acknowledge the regional plan, as well that implement relevant sections of the plan, Potential Other Proiects 1. Adoption of Railroad Master Plan As a result of the past public involvement process that lead to the draft 2001 Ashland Railroad Property Master Plan, a local street network plan for the railroad plan was adopted for the propelty to guide future development of the site. A work plan would be developed that identifies the significant elements from the 2001 draft Plan to consider for adoption and implementation. Plan amendments, standards and code incentives would be presented to encourage the future physical development of a District Core that incorporates key elements of the draft Plan, such as a civic roundhouse building and centrally located transit center. Additionally, the project would analyze the feasibility of integrating an urban park corridor adjacent to Mountain Creek, as the easterly bookend of this railroad area employment center. Lastly, a transportation study would be completed to understand benefits and costs (i.e. impacts) associated with the proposed Fourth Street railroad crossing, 2. East Ashland Sf. Redevelopment Plan This would likely involve the adoption of a planning overlay for the employment corridor along Ashland Street, which extends west of the Tolman Creek intersection and east of the railroad overpass. The planning effort would focus on the land area with redevelopment potential that has been the spotlight of recent development interest. This includes but is not limited to the Goodwill, Bi-Mmt, Shop n Kalt, Handyman, Richard's Sheet Metal and Ray's Nursery sites, The planning project would focus on ways to provide incentives and celiainty to propelty owners through illustrative codes and standards intended to oveltime allow for the orderly replacement of existing low~intensity, auto-oriented land uses with mixed-use development, consisting of pedestrian and bicycle friendly land use patterns that support transit-use, 3. Normal Neighborhood Master Plan As a whole, this project will guide future development to provide for a compact neighborhood form which better accommodates needed housing types, considers existing natural resources Page 5of6 ~j.' CITY OF ASHLAND (i.e. wetlands), and enhances overall mobility while reducing existing levels of reliance on the automobile in the plan area. Given the project area's central location it presents an oPPOltunity for medium to higher density housing in support of a transit~oriented development. This project entails completion of a land use and transportation plan for what is locally referred to as the Normal Avenue area, Currently the area has a mix of comprehensive plan designations including single family residential and suburban residential, and is presently outside of Ashland's City Limits yet within the Urban Growth boundary. The development of an integrated land use and transpOltation plan will identify new local streets, bike and pedestrian paths, evaluate transit route oppOltunities, and consider the location of future, major access points onto East Main Street. Residential development in the area has historically been low density consistent with County zoning standards, which unfortunately did not anticipate future growth. In recent years, the City has received pre~applications for annexation and development of housing on individual properties within the plan area. The piecemeal conceptual plans provided by applicants address each individual parcel in isolation, and thus do not present a coordinated approach to planning the entire area. Potential Motions: None Attachments: Estimated Project Timelines Page 6 of6 r.l' i ~ ~ '8 & i " ; }: " ;l .r. 'i 'I ~ I ~ 1 i '" ~ ~ 1- " 'i !l' 1 ~ of :1 'I i I ! 1 } 'i "C c: .. III '" iE '<:i of .Y :;:; :> 0.. C1 c: 'C c :> u. l!! ~ :> .2t; ~~ ~~ (;.i.5 c o "" -2 o a. II> C .. ?=- "C c: .. '" II> => "C C .. ..... "Cli:' ~~ C1~ ., C - .. c: _ -0.. g-E - ., ~- CI~ ;;- D ~ .e .g .. '" ., <> 00 -:: ., E a. o 0:; ~ o "C c .. - .s!"; .. II> 00" ii~ ~1i 0.1:> Uoo ~ o II> II> '" C ., .2: II> c o a. II> ., C<:II> "C II> '" ., .. <> ~e .C 0.. .mt: u.. "CE '" a. > 0 eG1 a.> E '" _0 "C '" .. ~n "C., ~~ '" c "C '" 8~ g", :.015 ::E rilJ: -g.s :: ~ ~~ ~ 8 ......5 II> II> .. C '" II> '" 0:; E o :I: II> '" '" ... "C eX: B c .. a:: .. a. o 0:; > '" CI t; '" '0' tt II> ., <> .. a:: c .. ij ... "C '" 0.. ! j ~ i i :!1 ~ 1 " i of ~ I I i> o .. ~ j o ~ 0; ... o E '" tl:: ... c: '" c: o ~ :a '" .c '" tl:: 1:> :s III ~-e 'i: .g ~c: ~i1 - c: '" E E;- D. E w ... c: .. ... 5 .. :D '" ... := Vol :::I '" !Xl"C '" 0 1G'E ~~ ~... D> .. 'S; $ E '" :D e 0- m c: o 'm '" tl:: ~ ~ 1 ~ c: '" ii: c: 1: '" '" ii: e 2l <>. 0 III 0; .. .. ::;;; 0 ~ ... "" <>. ... 0 0 '" 0 ... tl:: of: <>:: is 0 ,Q ... .c c: D> '" '0; :c :<= III m <>:: - E '" 5 '" w :<= 2010-2011 CITY COUNCIL GOALS OVERVIEW The City Council has set goals for the next 12 to 24 months to continue Ashland's history as a community that focuses on sustaining itself and its people. To us, sustainability means using, developing and protecting resources at a rate and in a manner that enables people to meet their current needs and also provides that future generations can meet their own needs. The City of Ashland has a responsibility towards sustainability in six primary areas: o Economy o Environment o Social Equity o Municipal Organization o Public Facilities o Pat1nerships ECONOMY Develop and implement a comprehensive economic development strategy for the purpose of: o Diversifying the economic base of the community o Supporting creation and growth of businesses that use and provide local and regional products o Increasing the number of family-wage jobs in the community o Levera in the stren ths of Ashland's tourism and re eat visitors Develop an implementing strategy for funding infrastructure and public facilities for economic develo ment 1'0' ects. Increase the clarit , res onsiveness, and celiain of the develo ment rocess. ENVIRONMENT Develop an integrated land use and transportation plan to increase the viability of transit, bicycles, walking and other alternative modes of transportation; reduce per capita automobile vehicle miles traveled; provide safe walking and bicycling routes to home, work, shopping and schools; implement environmentall res onsible desi n standards, and minimize new automobile~related infrastructure. Adopt an integrated Water Mastel' Plan that addresses long-term water supply including climate chan e issues, securit and redundanc , watershed health, conservation and reuse, and stream health. Implement specific capital projects and operational programs to ensure that City facilities and o erations are a model of efficient use of water, ener , land, and other ke resources. Adopt land use codes, building codes, green building standards, and fee structures that creates strong incentives for new development that is energy, water, and land efficient and supports a multi-modal trans Oliation s stem. Develo a strate to use conservation and local renewable sources to meet Tier 2 ower demands. Plan for low-water years including potentially 2010 by: o Implementing a public information and technical assistance campaign that encourages summer time conservation. o Consider the options for a summer time surcharge to encourage efficient irrigation practices prior to June 1,2010. Page 1 of2 Adopted February 16, 20 to SOCIAL EQUITY Complete the sale of a p011ion of the Clay Street Property to Parks and Recreation and decide whether to develo or sell the remainin land. Convene a discussion of stakeholders working on issues related to homelessness to develop a plan for: o Replacing services previously provided by ICCA. o Developing an emergency shelter for minors. o Improving connections to services available in Jackson County to Ashland's homeless. o Ensurin Jackson Count 's 10 Year Plan addresses the s ecific issues faced in Ashland. ORGANIZATION Develop plan for fiscal stability, manage costs, prioritize services, and insure key revenue streams for the Ci and Parks & Recreation, Address issues the stability of the organization including employee recruitment and retention; succession lannin ; and effective and increased use of citizen volunteers. PUBLIC FACILITIES Develo a Ian to re lace Fire Station #2. Define a long term strategy for the Ashland Fiber Network that improves its financial viability, rovides hi ualit services to residents, and romotes health economic develo ment. PARTNERSHIPS Foster strong collaboration of the local community, City, State and Federal leaders in eff011s to im rove the health of the Ashland watershed throu h I'educin fire hazards and restorin forest health. Advocate for the long-term viability of rail service to and through Ashland and encourage the use of rail thrOll h land use, trans ortation, and economic develo ment lannin , Page 2 of2 Adopted Februmy 16,2010