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.
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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)
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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)
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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.
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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
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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.
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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.
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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
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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.
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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,
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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
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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
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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.
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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
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VI. 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
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CITY OF
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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
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CITY OF
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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
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CITY OF
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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
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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
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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
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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