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HomeMy WebLinkAbout2012-05-08 Planning PACKET Note: Anyyone wishing too speak at any Planning Commission meetinng is encourageed to do so. If you wish to sppeak, please risee and, after youu have been reecognized by thhe Chair, give yyour name and complete address for the reccord. You will then be allowed to speak. Pleaase note that thhe public testimmony may be limited by the CChair and normaally is not allowed after the Pubblic Hearing is cclosed. ASSHLAND PLAANNING COMMMISSION REGULAR MEETINNG MAAY 8, 2012 AAGENDA I. CALL TO ORDER II.. ANNOOUNCEMENTTS IIII. CONSSENT AGENDDA A. Appproval of Minutes 1..April 10, 20012 Regular MMeeting. IVV. PUBLIC FORUM V. TYPE II PUBLIC HEARING A. PLLANNING ACCTION: #2012-00018 SUUBJECT PROOPERTY: 2220 Ashland SStreet APPPLICANT: SSummit Inveestments DEESCRIPTIONN: A requesst for Site RReview approoval to consstruct a neww 4,125 squaare fooot, single sttory, retail bbuilding andd associatedd site improvements forr the properrty loccated at 22200 Ashland Sttreet. The former Pizza HHut building is currently located on thhe sitte. COMPREHENSIVE PLLAN DESIGNNATION: Commmercial; ZOONING: C-1; ASSESSORR’S MAAP: 39 1E 144BA; TAX LOOT: 1700. [CContinued froom April 10, 22012 meetingg. Public Heaaring is closed.] VI. LEGISSLATIVE AMEENDMENT PPUBLIC HEARRING A. PLLANNING ACCTION: #2012-00265 APPPLICANT: AAshland Foood Cooperative LOOCATION(S):: C-1- & C-1--D-zoned porrtions of Ashhland's "Histtoric Interestt Area" REEQUEST: A proposal too amend thee Ashland Muunicipal Codde (AMC 18.332.035.E) ass it relates to drivve-up uses inn Commerciaal districts. Drive-up usses are curreently a special peermitted usee in the C-1 zoning disstrict, but onnly in the aarea east of a line drawwn peerpendicular to Ashlandd Street at tthe intersecction of Ashhland Street and Siskiyoou Booulevard. Drrive-up uses are currentlly explicitly pprohibited inn the Historicc Interest Arr ass defined in the Comprrehensive Pllan. The prroposed leggislative ameendment is to prrovide excepption languagge which would apply onnly to existinng drive-up uuses within the Historic Intereest Area and would alloww them to reelocate to a new site elssewhere withhin thee Historic Innterest Area provided thaat they are loocated predoominantly unnderground or otherwise screeened from vview from thee public righht-of-way. VII. ADJOURNMENT Inn compliance wwith the Americaans with Disabilities Act, if you need special assistance to participate in this meeting, please coontact the Commmunity Develoopment office aat 541-488-53055 (TTY phone is 1-800-735-22900). Notificattion 48 hours pprior to the mmeeting will enaable the City to make reasonaable arrangemeents to ensure aaccessibility to the meeting (228 CFR 35.1022-35.104 ADDA Title 1). ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES April 10, 2012 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Michael Dawkins Bill Molnar, Community Development Director Eric Heesacker Amy Gunter, Assistant Planner Richard Kaplan April Lucas, Administrative Supervisor Pam Marsh Melanie Mindlin Absent Members: Council Liaison: Debbie Miller, absent Dennis Slattery, absent ANNOUCEMENTS Commissioner Marsh noted the annual appointment process is coming up and Commissioners Mindlin and Dawkins have requested reappointment. She added one vacancy remains and is hopeful a new member will be appointed. Marsh announced the TSP subcommittee and joint meeting schedules; and reminded the group that their Annual Retreat is Saturday, May 5. Community Development Director Bill Molnar announced the Unified Land Use Project will come forward at the next Study Session and the Commission should also have enough time to discuss Retreat topics. Commissioner Mindlin requested an update on the “chicken ordinance”. Mr. Molnar stated the Council did not hear this item at their last meeting and it will come back on April 17. He added per Council’s direction at first reading, staff is presenting revised language that would allow up to 20 chickens for larger lots. Commissioner Mindlin stated she presented the Commission’s Pedestrian Places Memo to the City Council and noted the Council initially questioned whether the North Main arterial should be changed given the Commission’s concerns with this area. Mr. Molnar stated Commissioner Mindlin did a great job responding to the Council’s questions and they seemed happy with the Planning Commission’s work. CONSENT AGENDA A.Approval of Minutes. 1.March 13, 2012 Regular Meeting. Commissioners Dawkins/Mindlin m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 5-0. PUBLIC FORUM Colin Swales/143 Eighth Street/Stated no one from the community testified at the Historic or Planning Commissions public hearings on the Historic District Design Standards Update, and requested the City send additional notice to affected property owners prior to the Council hearing. Mr. Swales also commented on the upcoming Unified Land Use Ordinance project and stated it is the decision process that needs to be streamlined. Mr. Swales was asked to elaborate on why he believes the Historic District Design Standards Update warrants further noticing. Mr. Swales stated even minor tweaks can be substantive if you add them all up, and believes the property owners should be made aware of the changes. Ashland Planning Commission April 10, 2012 Page 1 of 4 Zach Brombacher/Stated he is against infill and commented on the recent subdivision development near his home. He stated this used to be a nice, rural area and voiced his displeasure with all the vehicles parked along the road. Mr. Brombacher also voiced his concern with this development directing its drainage into Hamilton Creek; and stated this creek runs across his property and he is worried about the increased flow. Mr. Molnar clarified the City Council has already held the public hearing and passed first reading on the Historic District Design Standards and the second reading is scheduled for May 1, 2012. UNFINISHED BUSINESS A.Approval of Findings for PA-2011-01523, Revised Historic District Design Standards. Commissioners Mindlin/Heesacker m/s to approve the Findings for Planning Action #2011-01523. Voice Vote: all AYES. Motion passed 5-0. PUBLIC HEARINGS A.PLANNING ACTION: #2012-00018 SUBJECT PROPERTY: 2220 Ashland Street APPLICANT: Summit Investments DESCRIPTION: A request for Site Review approval to construct a new 4,125 square foot, single story, retail building and associated site improvements for the property located at 2220 Ashland Street. The former Pizza Hut building is currently located on the site. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR’S MAP: 39 1E 14BA; TAX LOT: 1700. Commissioner Marsh read aloud the public hearing procedures for land use hearings. Ex Parte Contact No ex parte contact was reported; all of the commissioners indicated they are familiar with the site. Staff Report Assistant Planner Amy Gunter stated the applicants are proposing to construct a 4,125 sq.ft. retail building at 2220 Ashland Street and the site is subject to the Site Design & Use Standards, basic and detail site review, and the recently adopted Pedestrian Places requirements. The existing building is proposed to be demolished; and there are also landscaping, parking lot, and other site improvements proposed to be modified. Six trees are proposed for removal, however only one is large enough to warrant a tree removal permit. It was noted that all immediately adjacent properties are zoned C-1 commercial and are under the same ownership of Summit Investments. Ms. Gunter reviewed the site plan and stated the new building would be set back 12 feet from the sidewalk; and of the 12 required parking spaces, 9 will be located at the rear of the building and the remaining 3 would be on the adjacent property to the east. She explained the applicants are also proposing to create a streetscape entrance into the shopping center with sidewalks, street trees, and a center median; and the Ashland Street frontage will be improved with an 8 foot sidewalk and street tree wells. Ms. Gunter commented on the building design and landscape plan, and explained staff has raised issue with the following elements: 1) building orientation and sense of entry to Ashland Street, 2) the pedestrian plaza area lacks protection for rain and sun, and lacks seating areas for pedestrian refuge, 3) the required floor area ratio (FAR) is required to be .50 and .32 is proposed, and 4) site circulation could be an issue with the proposed median extension. Ms. Gunter concluded her presentation and requested the Commission discuss these issues during their deliberations. Questions of Staff Staff was asked for examples of how the applicant might achieve the .50 FAR requirement. Ms. Gunter stated a number of scenarios were discussed with the applicant, including: 1) adjusting the lot line to reduce the size of the lot, and therefore increase the building’s FAR; however this does not conform with the intent of the code, 2) the applicants could increase the size of the lot in order to become eligible for the shadow plan provision, or 3) the applicants could add a second story; however they have indicated this is a financial burden they cannot afford. Ashland Planning Commission April 10, 2012 Page 2 of 4 Commissioner Marsh stated this shopping center makes up a large portion of the pedestrian places overlay, and stated she is interested to know how Summit Investments will incorporate the larger area and look in a comprehensive way about reaching the desired density for this area. Staff clarified the Tree Commission reviewed this application and recommended it be approved as submitted; however they had a long discussion about the placement of the street tree wells and suggested a more columnar tree be used. Commissioner Dawkins commented on the Tree Commission’s recommendation and noted the importance of maintaining adequate site lines along Ashland Street. Applicant’s Presentation Mark Knox, Laurie Sager, Dave Thurston/Mr. Knox addressed the Commission and commented on the area and the dilapidated project site. He explained the proposed building will be built to accommodate a number of uses over many years, and this application will have a positive impact on the streetscape. He stated the current building has a .12 FAR, and the proposed building will have a .28 FAR; however if a second story is added in the future this will bring the FAR up to .40, and with the unaccounted for semi-plaza spaces this development could reach a .499 FAR. Mr. Knox stated there is no way to reach the .50 FAR without moving lot lines, and stated doing so would not achieve the intent of the code. He explained a second story would add $500,000 to the project cost, and the applicant cannot afford to do this; however they can design the building to withstand a second story addition and this could be added in the future when the economy and environment is right. Mr. Knox spoke to the plaza amenities and noted they have submitted a revised plan that responds to staff’s concerns. He stated Summit Investments is comprised of 37 different owners, many of whom do not live in Ashland, and it has been difficult to reach a consensus; however they are slowly making improvements to this site and they believe this development will have a positive effect on the area. Mr. Knox clarified where additional outdoor lighting would be located, and comment was made that this would go a long way to protect the existing fire hydrant. Commissioner Mindlin questioned the transportation elements including the parking situation and site circulation. She raised issue with how the parking for a future second story addition would be addressed and asked if a formal count has been provided to show that Shop N Kart has excess parking available to this development. She also indicated that the circulation plan is somewhat confusing. Commissioner Dawkins commented on the site circulation as well, and requested an easement be obtained to provide a connection from this shopping center over to tax lot 300. Commissioner Marsh commented that it is clear this area warrants a master plan and would like to know how they will move towards the higher FAR and achieve the desired urban design. Public Testimony Colin Swales/143 Eighth Street/Stated the major stakeholders of the Pedestrian Places project met with staff prior to these standards being adopted, and would like to see the first development under these standards better comply. He stated the Findings provided by the applicant are written to be “LUBA proof” and recommended staff go through these with a fine tooth comb. He questioned the footnote on page 6, and also questioned if the applicants are interpreting pedestrian places to mean that because the proposed building is only slightly bigger than the existing building, they only need to comply proportionally. Mr. Swales stated this development will set precedence for the actions that follow and recommended the Commission follow staff’s recommendation and leave the record open to obtain additional written evidence. When asked for clarification by Commissioner Marsh, Mr. Swales stated he is formally requesting the record be kept open. Steve Reed/Stated he is the owner of Shop N Kart and has leased his property from Summit Investments for the last 24 years. He mentioned the David Grubbs incident and stated it is important to him to have the entrance lighted and the shopping center’s ambiance improved, and welcomed the development and enhancements proposed by the applicant. Commissioner Marsh noted the letter submitted into the record from Talent Irrigation District and read aloud the email submitted by Chris Much. Rebuttal Mark Knox/In response to Mr. Swales’ concern, he clarified they are not suggesting a proportional expansion, and rather are taking a .12 FAR building and putting a .28 FAR building with all kinds of expansion opportunities in its place. He added the application Ashland Planning Commission April 10, 2012 Page 3 of 4 has changed quite a bit since the original CSA Findings were created and clarified the footnote on page 6 was referring to the old FAR standard that moved to the Site Design & Use Standards. Questions of Staff Commissioner Marsh stated they will honor the request to leave the record open and asked the commissioners to submit any final questions. Ms. Gunter commented briefly on the Findings prepared by CSA and clarified in other communities it is common for the applicant to provide the Findings that are later adopted by the commission. She clarified in Ashland, however, staff writes their own findings and the applicant’s document is treated as their burden of proof. The following questions and concerns were raised by the Commission: Regarding the FAR, comment was made that the commission is being asked to make an exception that is pushing the envelope. Suggestion was made for the FAR of the functional area to be provided. Suggestion was made for staff to craft language that would link this application to an overall master plan for the site, and with any applications that come forward in the future. Comment was made expressing concern with the transportation components of this application. Mr. Molnar clarified the commission can continue this action to a date certain and take public input at the next meeting; or they can close the public hearing, but keep the record open to written comments for 7 days and allow the applicants an additional 7 days for written argument. Commissioner Marsh surveyed the group and they agreed to close the hearing, allow additional time for written submittals as indicated, and come back for deliberations on May 8, 2012. ADJOURNMENT Meeting adjourned at 9:20 p.m. Respectfully submitted, April Lucas, Administrative Supervisor Ashland Planning Commission April 10, 2012 Page 4 of 4 TYPE II PUBLIC HEARING ASHLAND PLANNING DIVISION STAFF REPORT ADDENDUM May 8, 2012 PLANNING ACTION: PA-2012-00018 APPLICANT: Summit Investments LLC LOCATION: 2220 Ashland Street COMPREHENSIVE PLAN DESIGNATION: Commercial APPLICATION DEEMED COMPLETE: March 21, 2012 120-DAY TIME LIMIT: July 25, 2012 ORDINANCE REFERENCE: 18.32 C-1 Commercial District 18.61 Tree Preservation and Protection 18.72 Site Design and Use Standards 18.92 Off-Street Parking REQUEST: A request for Site Review approval to construct a new 4,125 square foot, single story, retail building and associated site improvements for the property located at 2220 Ashland Street. The former Pizza Hut building is currently located on the site. The property is subject to the Detail Site Review requirements and the Pedestrian Places requirements. I. Relevant Facts A. Background - History of Application The public hearing for this matter was opened and testimony taken at the April 10, 2012 regular meeting of the Planning Commission. During the hearing, staff identified issues relating to building orientation and design, pedestrian plaza area, Floor Area Ratio and site circulation which merited further consideration. A citizen speaking during the Public Hearing requested that the record be left open in accordance with ORS 197.763(6)(c). Additionally, the applicants submitted a revised site plan at the meeting which staff had not had an opportunity to review. Based on these factors, at the conclusion of testimony, the Commission moved to close the public hearing but keep the record open. A memo from staff to the file and a letter in response to the memo was submitted by the applicant. No other additional information was submitted. B. Detailed Description of Revised Proposal A revised site plan provided by the applicant on April 10, 2012 is included at the end of this report as Exhibit A. Staff wrote a memo to the file which addresses the new Planning Action PA #2012-00018 Ashland Planning Division – Staff Report Addendum.adg Applicant: Summit Investments LLC Page 1 of 9 information requested by the Commission and reviews the revised site plan, the Staff memo is included at the end of this report as Exhibit B, and the applicants letter in response to the staff memo is labeled Exhibit C. 1.Site Review / Pedestrian Plaza Area During the course of the April 2012 Planning Commission hearing, in addition to concerns raised in the Staff report, the commission identified the following issues as needing to be further addressed: Floor Area Ratio on the whole property under the ownership of Summit o Investments Management of Parking o Site Circulation o II. Project Impact Floor Area Ratio (FAR) At the time of the application, the proposed Floor Area Ratio (FAR) was .29. This area is comprised of the proposed 4,125 square foot building and the approximately 1,200 square pedestrian plaza and landscape area between the building and the sidewalk. The applicant has also provided a wide hardscape sidewalk area of approximately 585 square feet along the east side of the building which also will function as part of pedestrian plaza area. Upon further review and discussion by the commission it was determined that the area adjacent to the driveway along the east side of the building can function as pedestrian plaza area. In the revised site plan, the applicant has provided a food cart vendor area to compliment the plaza areas. This area previously counted as 585 square feet is 1,027 square feet. The addition of this area brings the total proposed FAR to 6,352 square feet or .35 FAR. Plaza area may be used to increase the FAR if provisions are provided to enhance and pedestrian environment and provides amenities to create an inviting space for employees and the general public. The applicant’s revised site plan improves the plaza area elements and the applicant has provided additional amenities which comply with the city’s standards for public spaces from Section II-C-3b of the Site Design and Use Standards including approximately 1,200 square feet of plaza area which equates to one square foot of plaza area for each three and a half square feet of building area, which exceeds the standard for one square foot of plaza area for every ten square feet of building area. Additionally, the applicant contends that they are providing five pedestrian related elements including sitting areas, a mixture of areas providing protection from the sun and rain, trees and outdoor dining areas with the provision of a food vendor area. These amenities are to improve the environment for walking, cycling and mass transit. Functional FAR During the discussion by the Planning Commission regarding the proposed Floor Area Ratio, the “functional FAR” of the site was discussed. The total lot area Planning Action PA #2012-00018 Ashland Planning Division – Staff Report Addendum.adg Applicant: Summit Investments LLC Page 2 of 9 proposed for development is 18,295 square feet. Of the 18,295 square feet, a large portion, 2,622 square feet is dedicated to the entrance driveway for the entire shopping center. This reduces the area for site development to 15,673 sq. ft. The proposed building and pedestrian plaza areas (between the building and the street and including the sidewalk area to the east of the building) are 6,352 square feet or .40 FAR. With the ‘shadow plan’ second story addition of 2,000 square feet the total FAR in the future would be, 8,235 square feet or .53 FAR. The future addition and using the ‘functional FAR’, the site would exceed the required minimum Floor Area Ratio requirement. Existing FAR The existing building is 2,135 square feet and the current site FAR is .12 and the proposal will increase the existing FAR significantly. Shopping Center FAR The total area of the entire shopping center including the subject property but excluding the area under separate ownership (2262 Ashland Street) is 8.95 acres or 389,862 square feet. The approximate total square footage of all of the buildings and plaza area owned by Summit Investments is 80,000 square feet. The approximate FAR for the entire shopping center is .20. The breakdowns of the FARs for the individual site/buildings making up the shopping center are below. Floor Area Ratios Subject Site = 2,135 / 18,295 = .12 Oil Stop = 3,639 / 107,593 = .033 S ‘n K & Yuan Yuan = 34,440 / 114,127 = .28 BiMart = 36,000 / 133,293 = .26 Taco Bell = 3,540 / 16500 = .21 With the proposed development the shopping center FAR would be increased to .21. Parking Concern was raised that there is not adequate parking on the entire shopping center complex to allow for the leasing of parking spaces from the complex to the subject property. Utilizing aerial photographs there are 256 parking spaces on the various properties under the control of the applicant. Based on the approximate square footage of the existing buildings 235 parking spaces are required, an excess of 21 spaces. Additionally, the proposed use of the space as a paint store could be reviewed similar to other paint / hardware store applications where the area that is off-limits to the customer and is used as the storage for the retail component could have a reduced parking requirement. In the case of this application the proposed total building area is 4,125 square feet, half of that is retail and the other half is product storage and the paint mixing area. The required parking for a 4,125 square foot retail establishment is twelve parking spaces. If half of the area was calculated as retail, six spaces required for the retail portion, and three spaces for the warehousing portion, a total of nine parking spaces would be required. Nine parking spaces are provided on the subject site, three are on the Planning Action PA #2012-00018 Ashland Planning Division – Staff Report Addendum.adg Applicant: Summit Investments LLC Page 3 of 9 adjacent parcel. As proposed the site complies with either 100 percent retail or a modified calculation allowing for a portion of the building area to be calculated as warehouse for the retail use. Site Circulation Staff raised concerns regarding the site circulation and how the modifications to the subject property would affect the circulation of the larger shopping complex. Primarily, staff concerns were about the extension of the existing parking lot buffer, creating a center landscape median and how that would impact the vehicle movements on the large east / west driveway which crosses the entire property to Tolman Creek Road. The applicants submitted a site circulation plan showing the future east / west connection shifting to the south and providing future access to the property located at 2200 Ashland Street. This is not the proposal at present but was meant to address concerns about the larger circulation issues on the properties. A commissioner had asked about requiring a condition of approval which granted an access easement to the property located at 2200 Ashland Street for its future development. There does not appear to be a rational nexus between the impacts of the proposed development and a need for a cross easement to the neighboring property. In other words, the trips to and from the paint store do not need an additional ingress/egress through 2200 Ashland Street to function properly. The revised site plan reduces the median extension, provides painted directional arrows, curbing and traffic warning signs to provide more clear direction to motorist and cyclists traversing the properties. The reduced length of the median, the curbing, signs and directional arrows appear to address staff concerns about creating a confusing driving pattern through the previously proposed site modifications. Possible Conditions of Approval: Based on the discussion of the Planning Commission and the new information requested during the meeting the following possible conditions of approval have been drafted by staff. These are intended to address the concerns regarding the Floor Area Ratio and the lack of a master plan for the entire subject development and how that affects this and future proposals. 1)That future land use applications shall address the Floor Area Ratio (FAR) standard, demonstrating how development may be intensified over time to meet the required FAR for the entire site and for those properties under the control of the applicant. 2)That the selected street tree shall be a columnar type, high-branching species which complies with minimum height requirements (13-foot clearance) over Ashland Street. III. Procedural - Required Burden of Proof 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. Planning Action PA #2012-00018 Ashland Planning Division – Staff Report Addendum.adg Applicant: Summit Investments LLC Page 4 of 9 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 an Exception to the Site Design and Use Standards are described in 18.72.090 as follows: A. There is a demonstrable difficulty in meeting the specific requirements of the Site Design and Use Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Design and Use Standards; and the exception requested is the minimum which would alleviate the difficulty; or B. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Design and Use Standards. (Ord 3054, amended 12/16/2011) IV. Conclusions and Recommendations The application requests Site Review, Exception to the Site Review criteria and Tree Removal permit approvals to construct a new single-story 4,125 square foot retail space, parking lot and associated site improvements at 2220 Ashland Street. At last month’s hearing, staff raised a number of issues including building orientation towards Ashland Street, pedestrian plaza areas, floor area ratio and site circulation which we believed needed to be further addressed before a decision could be reached. The applicants submitted written details regarding the amount of pedestrian plaza areas including the provision of additional pedestrian amenities as shown on the revised site plan (Exhibit A). These include covered seating, low seating walls and benches, shade trees, and an outdoor food vendor area. The applicant also demonstrates that the required parking can be met on site and through an easement to the adjacent parcel as discussed in the preceding section on parking. The applicants stated during the hearing and in their written response that the property owners are striving to meet the standards of the Site Design and Use Standards but are not able to reach the minimum .50 FAR standard with any single development. They contend that the size of the adjacent parcels, the exiting building configurations, site layouts, utility locations, traffic management issues, tenant needs and economic viability are all factors in the design and site planning for this development and that these factors area unusual and unique to these properties and that the proposal is consistent with the stated purpose of the Site Design and Use Standards. Based on the discussion of the Planning Commission a finding can be made which demonstrates that the proposed building complies with the Site Design and Use Standards Planning Action PA #2012-00018 Ashland Planning Division – Staff Report Addendum.adg Applicant: Summit Investments LLC Page 5 of 9 for orientation to street because the building can be found to be orientated towards Ashland Street given the architectural details, and double, storefront style aluminum doors, and primary orientation towards Ashland Street and not the parking area. Additionally, the revised site plan with increased pedestrian amenities complies with the standards of the Site Design and Use Standards for Pedestrian Plaza amenities by providing an area of refuge for pedestrians, transit riders and cyclists on Ashland Street and provides an area for patrons and employees of the proposed and future business within the space for inviting outdoor spaces including possible food vending and dining. The proposal complies with the required parking for a 4,125 square foot retail facility as well. It can also be found that there is demonstrable difficulty in meeting the standards for Floor Area Ratio requirement of .50 due to the unique and unusual aspects of the site. A significant area of the subject site is dedicated to the common access area for the larger shopping center and cannot be used for building development. The proposal will not negatively affect adjacent parcels and with the site modifications and site circulation improvements may have a positive effect on both the subject parcel and the larger shopping center by providing clear direction, stop signs, directional signs and arrows. The exception can be found to be the minimum necessary to alleviate the difficulty and the applicants have shown through a phased possible second story addition and the additional pedestrian plaza area amenities the future FAR of the site would exceed the minimum .50. Lastly the proposed development can be found to have a positive impact on the streetscape which will provide a positive environment for pedestrians and cyclists. Additionally, the proposed parking area design can be found to lessen the visual and climatic impacts of the areas by providing a landscape bioswale and visual screening. With the additional information provided and modifications proposed since the April hearing, staff believes the application can be found to meet the approval criteria and applicable Site Design and Use Standards and the requested Exception and recommends its approval with the following conditions attached. 1) That 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 Site Review approval shall be submitted and approved prior to issuance of a building permit. 3) That the areas previously paved and now proposed for planting shall have all base material and sterile soil removed to a minim of 24-inches and disposed of off-site in accordance with the proposed landscape plan. Additionally, structural soil and / or mycorrhizae fungi could be added to the tree well areas to aid and encourage the long term growth and survivability of the trees. th 4) That all recommendations of the Ashland Tree Commission from their April 5, 2012 meeting, where consistent with the applicable ordinances and standards and Planning Action PA #2012-00018 Ashland Planning Division – Staff Report Addendum.adg Applicant: Summit Investments LLC Page 6 of 9 with final approval of the Staff Advisor, shall be conditions of approval unless otherwise modified herein. 4) That a sign permit shall be obtained prior to installation of any new signage. Signage shall meet the requirements of Chapter 18.96. 5) That prior to the submittal of a building permit: a) That a stormwater drainage plan, including details of on-site bioswale for storm water and necessary water quality mitigation, shall be submitted for the review and approval of the Planning, Building, and Engineering Divisions. Post development peak flows shall be demonstrated to be less than or equal to pre-development levels. c) 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. d) 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. This plan shall be reviewed and approved by the Planning, Engineering and Electric Departments prior to building permit submittal. Transformers and cabinets shall be located outside of the pedestrian corridor, in those areas least visible from the right-of-way while considering the access needs of the Electric Department. e) The building permit plan submittals shall include lot coverage calculations including all building footprints, driveways, parking, and circulation areas. These plans shall demonstrate that at least 15 percent of the site is surfaced in landscaping, and that at least seven percent of the parking lot area is provided in required parking lot landscaping, as required in the Site Design & Use Standards. f) The approval of a Demolition/Relocation Review and associated permits and inspections shall be obtained from the Building Division prior to demolition of existing structures. 6) That prior to the issuance of a building permit: a) That the proposed structure shall be engineered and constructed to withstand the structural load, wind loading, snow load, etc. as adopted per State of Oregon Building Codes for a two story structure. Planning Action PA #2012-00018 Ashland Planning Division – Staff Report Addendum.adg Applicant: Summit Investments LLC Page 7 of 9 b) That prior to the issuance of a building permit, the applicants shall submit civil design drawings for the implementation of public right-of-way improvements provided for the review and approval of the Public Works, Engineering and Planning Departments and Oregon Department of Transportation. These civil plans are to be reviewed and approved prior to the issuance of building permits, and required improvements are to be completed according to the approved plan, inspected and approved prior to the issuance of a final occupancy permit. That a Public Pedestrian Access Easement or Right-of-Way Dedication shall be provided for the sidewalk improvements that are on the subject property. c) The applicant shall provide the approved Landscape/Irrigation Plan which addresses the Water Conserving Landscaping Guidelines and Policies of the Site Design and Use Standards, including irrigation controller requirements to allow multiple/flexible calendar programming with the building permit submittals. d) All exterior lighting shall be appropriately shrouded so as not to permit 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. e) That the bike rack and shelter details shall be submitted for review and approval by the Staff Advisor. The building permit submittals shall verify that the bicycle parking design, spacing, and coverage requirements are met in accordance with 18.92.040.I. f) Mechanical equipment shall be screened from view from Ashland Street. 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 Ashland Fire Department shall be satisfied, including that all addressing shall be approved prior to being installed; that fire apparatus access be provided and necessary fire apparatus easements identified and recorded; that adequate fire flow be provided and maintained. 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. b) All required parking areas shall be paved and striped. c) 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 certificate of occupancy. That at the time of planting and prior to the issuance of a final certificate of occupancy, not less than Planning Action PA #2012-00018 Ashland Planning Division – Staff Report Addendum.adg Applicant: Summit Investments LLC Page 8 of 9 two inches of mulch shall be added in all non-turf landscaped areas in the developed area after the installation of living plant materials. d) All public and private street improvements including but not limited to the installation of sidewalks, parkrows with street trees and standard street lighting on Ashland Street shall be installed to City of Ashland standards under permit from the Public Works Department in accordance with the approved plan, inspected and approved by the Staff Advisor. e) That a minimum six-inch curb be provided along the southern most edge of the asphalt east / west driveway access to the subject site and the Oil Stop site to prevent siltation across driveway and trackout. e) That a bench or benches similar in style to the existing bench at Taco Bell along Ashland Street shall be provided as a pedestrian amenity. f) That required bicycle parking spaces according to the approved plan and in accordance with design and rack standards in 18.92.040.I and J, inspected, and approved by the Staff Advisor prior to issuance of a certificate of occupancy. Inverted u-racks shall be used for the bicycle parking. 8)That future land use applications shall address the Floor Area Ratio (FAR) standard, demonstrating how development may be intensified over time to meet the required FAR for the entire site and for those properties under the control of the applicant. 9)That the selected street tree shall be a columnar type, high-branching species which complies with minimum height requirements (13-foot clearance) over Ashland Street. Planning Action PA #2012-00018 Ashland Planning Division – Staff Report Addendum.adg Applicant: Summit Investments LLC Page 9 of 9 LEGISLATIVE AMENDMENT PUBLIC HEARING employees and customers of these new businesses, often park on the subject property which decreases available parking and increases the chances of drivers circulating the surrounding neighborhood. Nevertheless, the two parties are in agreement that an amicable solution is needed. Note: At the present time, there are no "agreements, contracts, plans, or otherwise" between the two entities, but both wish for a resolution to its shared parking conflicts that allow both businesses to continue to be a positive presence in the community. A number of meetings and phone conversations have occurred, but until this particular issue is addressed, there will not be any formal arrangements or agreements between the two parties. Instead, the Ashland Food Cooperative is first hoping the City agrees with the logic of the amendment and then hoping that Umpqua Bank would sell their site to the Ashland Food Cooperative and relocate to an area in the Downtown area that is more fitting to their business' long term interest. That said, after a significant amount of thought and a number of meetings with City staff, the applicants have concluded the best solution would be to purchase the Umpqua Bank's property and at the same time identify alternative "areas" more fitting for the bank's needs, including its drive-thru facilities, which are equal or superior to the existing site. In the applicant's opinion, this opportunity best exists on the old Copeland Lumber site between Pioneer and First Streets (now vacant). Umpqua Bank has tentatively agreed with this location,but again a final decision is dependent on the outcome of the proposed ordinance amendment. If approved, Umpqua Bank would then likely identify a site, enter into a purchase agreement, generate concept plans and submit an application to the City for Planning Commission review and approval. Following the purchase of the current Umpqua Bank site and the relocation of the bank, customers of the Ashland Food Cooperative would then begin to use the parking. A small expansion to the store is also possible and discussed in passing, but yet to be finalized. il�1N � �U6L Zoning Ordinance Amendment Drive-Up Uses-Chapter 18.32.025 E. U R API DEVELOPMENT SERVICES, LLC 1€t LAND USE PLAN MUD Nm DEVELOPMENTSENVIDES