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HomeMy WebLinkAbout2020-09-22 Planning PACKET ASHLAND PLANNING COMMISSION SPECIAL MEETING September 22, 2020 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. July 28, 2020 Special Meeting 2. August 11, 2020 Regular Meeting IV.PUBLIC FORUM V. UNFINISHED BUSINESS A. Approval of Findings for PA-T2-2020-00020, 705 Helman Street (Helman Elementary School) B. Approval of Findings for PA-T3-2019-00001, 1511 Hwy 99 N VI.TYPE II PUBLIC HEARING A. PLANNING ACTION: #PA-APPEAL-2020-00011 (appealing PA-T1-2020-00109) SUBJECT PROPERTY: 345 Clinton Street OWNER/APPLICANT: Rogue Planning and Development/Paul Mace & Kathleen Kahle DESCRIPTION: Consideration of an appeal of the administrative approval PA-T1-2020-00109 of a two-lot partition of a 12.29-acre lot for the property located at 345 Clinton. The tentative partition plat creates two parcels that are 8.943 ac. and 3.35 ac in size, with the smaller parcel situated in the southeast of the parent parcel. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; (Please note: The record and . public hearing is closed on this matterThe Planning Commission's consideration of this item will be limited to their deliberation and decision. No further submittals (evidence or argument) will be accepted into the record.) VII. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES - Draft July 28, 2020 I. CALL TO ORDER: Chair Haywood Norton called the meeting to order at 7:01 p.m. Commissioners Present: Staff Present: Michael Dawkins Bill Molnar, Community Development Director Alan Harper Maria Harris, Planning Manager Haywood Norton Derek Severson, Senior Planner Roger Pearce Dana Smith, Executive Assistant Lynn Thompson Absent Members: Council Liaison: Kerry KenCairn Stef Seffinger, absent II. ANNOUNCEMENTS Community Development Director Bill Molnar announced the Commission would hear the appeal of a Type I administrative approval on 345 Clinton Street, PA-T1-2020-00109 in August. Staff received an appeal of the Planning Commission decision for PA-T2-2020-00017 at 210 Alicia Street Friday, July 24, 2020. It would go before the City Council at their meeting August 18, 2020. The City Council heard from staff on the Affordable Housing Standards update at their Study Session July 20, 2020. III. PUBLIC FORUM - None IV. A. PLANNING ACTION: #PA-T3-2019-00001 SUBJECT PROPERTY: 1511 Hwy 99 N OWNER/AGENTS/APPLICANT: Linda Zare/Casita Developments, LLC & Kendrick Enterprise, LLC/ Rogue Planning & Development Services, LLC DESCRIPTION: A request for Annexation of a 16.87-acre parcel and Zone Change from County RR-5 Rural Residential) to City R-2 (Low Density, Multi-Family Residential) for the properties located at 1511 Highway 99 North. The annexation is to include adjacent railroad property and state highway right-of-way. The application includes conceptual details for the future phased development of 196 apartments (1- and 2- Bedrooms, ranging from 480-701 square feet) in 14 two-story buildings; Outline Plan subdivision and Site Design Review development approvals are not requested here, and would be applied for subsequent to annexation. The application also requests an Exception to Street Standards to deviate from city standard parkrow and sidewalk improvements to respond to constraints of right-of-way width and existing encroachments. COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: Existing County RR-5, Proposed City R-2; s: 1700 & 1702. Chair Norton read the rules of the electronic public hearing. Staff Report Senior Planner Derek Severson provided a presentation (see attached): Classroom Addition Proposal Pedestrian Access & Circulation (AMC 18.4.3.090) Vicinity Maps Parking Lot Landscaping & Screen Standards Video Tour by the Applicants (AMC 18/4.4.030) / Street Dedication Demolition Plan Requirements (AMC 18.4.6.030.C1) Ashland Planning Commission July 28, 2020 Page 1 of 5 Civil Site Plan City of Ashland Street Design Standards (AMC Table 18.4.6.040.F) Aerial Photo (2018) Easement Language Frontage Improvements (North) Frontage Improvements (South) Transit Improvements Contiguity & the Railroad Property Affordability, Base Density and Undevelopable Lands Oregon Revised Statutes (ORS) 222.170 Tonight Transportation and Circulation Access Driveway Treatment Site Design Review Vehicle Area Design (18.4.3.080.B.4 & .080.C) Driveways and Turn-around Design (18.4.3.080.D) Questions of Staff Commissioner Pearce asked what the proposal was for rezoning the Oregon Department of Transportation (ODOT) and the Central Oregon and Pacific Railroad properties. Mr. Severson thought it would go in the R-2 zone. Borders between districts extended to the center of the right of way. Presentation Robert Kendrick/Ashland/ Explained it had been a year-long process. Had he known; he would had submitted the proposal differently. The affordability component had been a challenge. The requirements could break the project. He was open to making a lot line adjustment to make the units fit. He had wanted to avoid doing two sets of plans, so he submitted developers plans that had caused some confusion. The project worked. He acknowledged the public response having a project on Highway 99. He used the Road Diet as an example noting that since it was put in place accidents and injuries had decreased dramatically. Ashland built approximately 15 apartments each year when it could handle over 50 yearly. The type of housing in this project would keep people in town. Public Testimony Don Greene/Ashland/ Noted his credentials as a planning commissioner in Ashland and Jackson County for 30 years. He referenced a section of the parking ordinance and questioned having a driveway access for a 200-unit development instead of requiring it to be a street. The code also required 5-foot landscape areas when it abutted private property. He did not think there was enough space to meet the requirements. The driveway needed a sidewalk and should have a bike path. The driveway would not accommodate bikes with 1,800 vehicle trips a day. Rebuttal by Applicant Amy Gunter/Medford/ Explained the exception to the design standard for 5-foot landscaping abutting private property would be explored during site review. They were showing the driveway conceptually and it was not up for approval currently. She clarified all trips to the site were not impacting this one narrow driveway, there would be other access points. Additionally, apartments did not have a.m. and p.m. peak hour volumes. Questions of the Applicant Commissioner Thompson asked about the conclusion of the traffic impact analysis done by Sandow Engineering that projected all site driveways would operate safely and efficiently. She only received the executive summary. Mr. Kendrick explained they submitted two reports. Mr. Severson clarified the packet and traffic impact analysis (TIA) was posted online. Ms. Gunter explained vehicle trip numbers, their distribution throughout the day, the turning lane by the trestle and driveway were adequate to accommodate right and left turns in and out of the property. The driveways met the standards. Mr. Molnar added ODOT concurred it met the requirement as well. Ashland Planning Commission July 28, 2020 Page 2 of 5 Commissioner Thompson wanted to ensure the conceptual ideas with the driveways would meet the access requirements. She asked what the conceptual plan was for pedestrian and bicycle access using the driveway within the easement. Mr. Kendrick explained there would not be a lot of cars parked on the easement and access area. A bicyclist would most likely use the main entry point. It would also depend on the time of day. Maximum peak loads projected 50 or 60 cars in the morning and afternoon. They could make the driveways shared use instead of incorporating bike paths on the easement road. Mr. Kendrick wanted a dedicated bike lane at the other entrance. They had paths already designed into the project and would add almost a mile for the rest of the sidewalk. It was a multi-modal project. They would provide electric cars onsite for residents to use. Ms. Gunter added the bike lane along the highway was already installed and would remain. Commissioner Thompson wanted to know how a bicyclist would access the site riding north. Mr. Kendrick explained they would use good judgment and cross at the safest point. Ms. Gunter added painted arrows and restriping was suggested. It would be no different than all the other intersections without a bike path. Commissioner Thompson wanted to know if the same would apply to a pedestrian trying to cross the highway. Mr. Kendrick responded there was excellent connectivity to the bus line on Valley View. It was a fifteen-minute walk. Ms. Gunter noted the conclusions drawn in the TIA. The traffic engineer found all mobility standards met the current conditions and future developments. All intersections, whether they were marked or unmarked, were considered crosswalks. Deliberations & Decision Commissioner Pearce commented on the findings. Page 8, section 2.2. stated the proposal met the appliable criteria and it did not. He suggested saying it did not meet the boulevard street standards and the applicant would apply for an exception. Commissioner Pearce explained the applicant did not meet the affordable housing base density either. The applicant had subtracted unbuildable areas from the calculation. Staff was recommending changing that in the code. Presently, it was not in the code so the proposal did not meet the standards. The City Council could modify the affordable housing requirements in the Type III legislative action on the annexation if they agreed with the applicant. In the section regarding contiguity, Commissioner Pearce noted staff had included the ODOT property and justified adding it. Then ODOT agreed on including the property. The findings did not reflect that. He suggested making the findings about public facilities. That the Public Works Department reviewed the availability of water and sewer and with these conditions it would be ok. Electric On page 11 under , strike the last sentence. Lastly, the Transportation section was confusing and should be rewritten to adhere with the ordinance. On the same page, Commissioner Thompson suggested deleting that it was ok the applicant did not have a site design plan. The applicant chose their approach and the Commission making findings on that approach was not necessary or appropriate. She also wanted to exclude wording that referenced what their attorneys had said. Commissioner Harper did not agree that the City Council could choose to do whatever it wanted with the standards. He also spoke to the importance of the easement. Without the easement, the project did not meet the standard. Commissioner Dawkins agreed. The Commission discussed the testimony Mr. Greene provided. They considered it a driveway instead of a street. Commissioner Pearce/Dawkins m/s to move PA-T3-2019-00001 on to City Council with revised Findings. DISCUSSION: Commissioner Pearce recommended a traffic speed study on Highway 99 at some point. Commissioner Thompson suggested adjusting the affordable housing units in the findings to 56 units or 37 if it was at 60%. Ashland Planning Commission July 28, 2020 Page 3 of 5 She did not think the Commission had the authority to make a recommendation contrary to the code to exclude unbuildable lands in the calculation. She reiterated her concerns about transportation safety (Section E of the Annexation Standards). Specifically that ODOT was unwilling to agree to any speed limit reduction, installation of a signal or even a crosswalk given the size of the development, the volume of cars, the history of traffic accidents according to the testimony of the community surrounding the development and the danger to bicyclists and pedestrians as well as vehicles of attempting to cross the highway under these circumstances. She also wanted language like the safety issue comments included in the findings. She thought the speed limit in that area should be addressed. Commissioner Dawkins agreed. Commissioner Pearce thought it could be treated in the findings. Roll Call Vote: Commissioner Pearce, Harper, Thompson, Norton and Dawkins, Commissioner Harper agreed. YES. Motion passed. V. LEGISLATIVE PUBLIC HEARING A. PLANNING ACTION: PA-L-2020-00008 APPLICANT: City of Ashland DESCRIPTION: A public hearing on ordinance amendments to the Ashland Land Use Ordinance to update and clarify the open space requirements and design standards for multifamily and single- family housing developments, and to correct terminology related to open space and other minor wording edits. The proposed amendments include two ordinances: 1) An ordinance amending Chapters 18.2.5 Standards for Residential Zones, 18.3.9 Performance Standards Option and PSO Overlay, 18.4.2 Building Placement, Orientation, and Design, 18.4.4 Landscaping, Lighting, and Screening, and 18.6 Definitions of the Ashland Land Use Ordinance to amend the open space requirements and design standards, and 2) an ordinance amending chapters 18.2.2 Base Zones and Allowed Uses, 18.2.3 Special Use Standards, 18.2.5 Standards for Residential Zones, 18.3.2 Croman Mill District, 18.3.4 Normal Neighborhood District, 18.3.5 North Mountain Neighborhood District, 18.3.9 Performance Standards Option and PSO Overlay, 18.3.10 Physical and Environmental Constraints Overlay, 18.3.11 Water Resources Protection Zones (Overlays), 18.3.14 Transit Triangle Overlay, 18.4.2 Building Placement, Orientation, and Design, 18.4.2 Parking, Access, and Circulation, 18.4.4 Landscaping, Lighting, and Screening, 18.4.5. Tree Preservation and Protection, 18.4.6. Public Facilities, 18.5.2 Site Design Review, 18.5.3 Land Divisions and Property Line Adjustments, and 18.5.7 Tree Removal Permits of the Ashland Land Use Ordinance for consistency in terminology related to open space and other minor wording edits. Staff Report Planning Manager Maria Harris provided a presentation (see attached): Issues Shared Outdoor Space Surfacing standard in proposed Renderings o 18.4.4.070.Ca Examples of multifamily developments Private open space standards, walkways o common open space and storage space, ground floor dwelling Minimum Area Required in Lawn, Courts, size Etc. Table in 18.4.4.070.A o Staff Recommendation Cross reference open space fence o Water Conservation & Climate Change requirements Ground Floor Private Open Space New Standards 18.4.070.D Current Surfacing Standard 18.4.2.030 Other Changes in Version 3 Residential Development Proposed Surfacing Standard Questions of Staff Commissioner Thompson discussed counting walkways and storage areas with Ms. Harris. Counting them addressed walkways that went through private open space like a porch, patio, or deck area. Ashland Planning Commission July 28, 2020 Page 4 of 5 Commissioner Pearce confirmed that moving Surfacing from Section 4 to Section 5 of the common open space standards made it applicable only to R-2 and R-3 zones. Commissioner Thompson addressed the reference in the new table regarding maximum area allowed in private open space. She wanted to know why it was allowed only up to a certain amount. Ms. Harris explained if it was 10 units or more, the other half had to be in common open space. Commissioner Pearce commented they would provide additional open space and receive only half a credit. Deliberations & Decision Commissioner Pearce was not sure he supported the 48 to 60 sq. ft. dimensions for private open space. He thought people should do the door swing calculations. Mr. Molnar thought the issue would be if the 48 sq. ft. was intended to be exclusive of those other areas. A usable area had a minimum dimension of 6 feet and should be at least 48 sq. ft. By default, it was 6 x 8. The walkways and storage areas would have to be left out to create an exclusive 48 sq. ft. space. Ms. Harris clarified the concern was the administrative task of calculating for the applicants. Commissioner Thompson/Pearce m/s to modify the proposed ordinance to incorporate Version 3 excluding Section D1 and D2. DISCUSSION: Roll Call Vote: Commissioner Thompson, Norton, Dawkins, Pearce, None. and Harper. YES. Motion passed. Ms. Harris noted the Surfacing standard was in Version 2. Commissioner Thompson/Pearce m/s to modify the proposed ordinance to reflect the change in the Surfacing standard as reflected in Version 2 of the proposal as well as stating lawn and durable lawn alternatives and striking the list. DISCUSSION: Commissioner Harper suggested stating lawn and durable lawn alternatives and Roll Call on the amended motion: striking the list. Commissioner Thompson accepted the modification. Commissioner Dawkins, Harper, Thompson, Pearce and Norton, YES. Motion passed. VI. ADJOURNMENT Meeting adjourned 9:04 p.m. Submitted by, Dana Smith, Executive Assistant Ashland Planning Commission July 28, 2020 Page 5 of 5 o Issues Surfacing standard in proposed 18.4.4.070.C.4 • Private open space standards • Walkways and storage space o Ground-floor dwelling units size o Table 18.4.4.070.A • Cross reference open space fence requirements • 7/28/2020 Planning Commission Public Hearing New Standards Utility Vaults • Minimum Dimension • Yards Abutting a Street • Slope • Private Open Space Minimum Dimensions and Location • Credit for Proximity to a Park (R-2 and R-2) • Surfacing Standard • 7/28/2020 Planning Commission Public Hearing Current Surfacing Standard 18.4.2.030 Residential Development H.Open Space. Residential developments that are subject to the provisions of this chapter shall conform to all of the following standards. 2.Surfacing.Areas covered by shrubs, bark mulch, and other ground covers that do not provide suitable surface for human use may not be counted towards this requirement. 7/28/2020 Planning Commission Public Hearing Proposed Surfacing Standard a.Surfacing. A minimum of 50 percent of the common open space must be covered in suitable surfaces for human use, such as lawn areas and recreational fields or courts. Up to 50 percent of the common open space may be covered by shrubs, mulch, and other grounds covers that do not provide suitable surfaces for human use if the area is usable for the intended residents, such as community gardens or a natural area with benches and walking paths. 7/28/2020 Planning Commission Public Hearing Shared Outdoor Space. Many or the same ingredients necessary to provide successful private outdoor spaces are needed for successful shared spaces. The main difference is access to the area by more than one person or unit. Shared open spaces should provide for both active and passive activities. Passive activities include areas for quiet conversation, resting, walking, and enjoyment of nature and scenery for young and old alike. Active uses include sports such as croquet, volleyball, and Frisbee. 880 Park St. 880 Park St. 880 Park St. Minimum Area Required in Lawn, Courts, Etc. R-2 ZoneR-3 ZoneR-1-5 Zone Total Area .75 Ac.50 Ac2.3 Ac Required for 10 units Minimum Total 2,614 sq. ft.1,742 sq. ft.5,009 sq. f. Open Space Minimum 1,307 sq. ft.871 sq. ft.5,009 sq. ft. Common Open Space Minimum Area 653 sq. ft.436 sq. ft.2,505 sq. ft. Suitable for Human Use 7/28/2020 Planning Commission Public Hearing Staff Recommendation 5.R-2 and R-3 Zones.In addition to the standards in subsection 18.4.4.070.C, above, common open space in the R-2 and R-3 zones shall meet the following requirements. a.Surfacing. A minimum of 50 percent of the common open space must be covered in suitable surfaces for human use, such as lawn areas, recreational fields, or courts. Up to 50 percent of the common open space may be covered by shrubs, mulch, and other grounds covers that do not provide suitable surfaces for human use if the area is usable for the intended residents, such as community gardens or a natural area with benches and walking paths. b.Play Areas.Play areas for children are required for projects of greater than 20 units that are designed to include families. Play areas are eligible for common open space. c.Credit for Proximity to a Park. A credit of up to 50 percent for common open space may be granted when the development is located within one-eighth of a mile walking distance of an existing public park. Distance from the development to the park shall be measured from the lot line via a sidewalk, multi-use path or pedestrian way located in a public right-of-way or public pedestrian easement. 7/28/2020 Planning Commission Public Hearing Water Conservation & Climate Change a.Surfacing. A minimum of 50 percent of the common open space must be covered in suitable surfaces for human use, such as lawn durable lawn alternatives, areas, recreational fields, and courts. Up to 50 percent of the common open space may be covered by shrubs, mulch, and other grounds covers that do not provide suitable surfaces for human use if the area is usable for the intended residents, such as community gardens or a natural area with benches and walking paths. For the purpose of this standard, durable lawn alternatives is defined as ground cover that provides a surface that can withstand active uses and that conserves more water than a traditional lawn. Examples of durable lawn alternatives are eco lawn, meadow lawn, meadow sedge and mondo grass “lily turf.” 7/28/2020 Planning Commission Public Hearing Ground Floor Private Open Space 18.4.070.D Private Open Space Walkways and storage • Size of private open space for ground floor • units 7/28/2020 Planning Commission Public Hearing Other Changes Table 18.4.4.070.A • Fence references • 18.4.4.070.C Common Open Space • 18.4.4.070.C.4 Improvements • 18.4.4.070.C.4.d Landscaping • 7/28/2020 Planning Commission Public Hearing ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES - Draft August 11, 2020 I. CALL TO ORDER: Chair Haywood Norton called the meeting to order at 7:00 p.m. Commissioners Present: Staff Present: Michael Dawkins Bill Molnar, Community Development Director Alan Harper Derek Severson, Senior Planner Kerry KenCairn Aaron Anderson, Assistant Planner Haywood Norton Dana Smith, Executive Assistant Roger Pearce Lynn Thompson Absent Members: Council Liaison: Stef Seffinger, absent II. ANNOUNCEMENTS Community Development Director Bill Molnar announced the City Council would hold a public hearing on the Appeal of 210 Alicia Street at their meeting Tuesday, August 18, 2020. He noted the Croman Mill Site and explained why a recent conditional use permit was denied. Lastly, staff received numerous emails from the public regarding the Helman Elementary School decision, PA-T2-2020-00020. They were not forwarded to the Planning Commission because the record was closed and the decision final. III. CONSENT AGENDA A. Approval of Minutes 1. July 14, 2020 Regular Meeting 2. July 28, 2020 Special Meeting Commissioner m/s approved the minutes of the meeting on July 14, 2020.Voice Vote: all AYES. Motion passed. Commissioner Thompson and Pearce had several clarifications and corrections to the minutes of the meeting on July 28, 2020. The minutes were pulled from the agenda for revision. Commissioner Harper/Pearce m/s to pull the minutes of the Special Meeting on July 28, 2020from the Consent Agenda. DISCUSSION: Commissioner Nortonclarified staff would make the changes and bring the minutes back to the meeting on August 25, 2020 for approval. IV. PUBLIC FORUM - None V. UNFINISHED BUSINESS A. Approval of Findings for PA-T2-2020-00020, 705 Helman Street (Helman Elementary School) Commissioner KenCairn recused herself from the item because she was part of the project. She left the meeting. Ex Parte Contact Commissioner Dawkins, Pearce, Thompson and Norton declared no ex parte contact on the matter. Commissioner Harper explained Barb Street emailed him to discuss the project. He had responded that it was still under consideration. Ashland Planning Commission August 11, 2020 Page 1 of 7 11. That, outside of regular school hours and school events, the Commissioner Pearce wanted to remove condition perimeter gates shall remain unlocked so as to not to unreasonably limit or restrict access to school playgrounds and greenspaces. The Commission discussed the rules on changing findings during approval. They wanted the city attorney to research if it was allowed. They also discussed whether to reopen the public hearing or not. Staff had received over 40 emails after the record was closed regarding the playgrounds and greenspaces being locked after school hours. Commissioner Dawkins wanted to make a motion to allow Commissioner Pearce to explain his reasons for removing condition 11. Commissioner Dawkins/Harper m/s to allow Roger to speak to why he thought the Commission should deny condition 11. Discussion: Chair Norton would not support the motion. They were not clear they had the authority to make changes and had not consulted the city attorney. Commissioner Dawkins explained the motion was just to hear Commissioner Pearce speak. If he convinced the Commission, Commissioner Dawkins would make a motion to have the city attorney research changing the findings at the approval stage. Commissioner Pearce explained they were adopting findings of fact, conclusions of law and orders. Nothing was final until the Commission voted to approve the findings. Condition 11 was plainly illegal. Takings law did not apply because it was public property. He read the standard from the Land Use Board of Appeals (LUBA) on when they could impose conditions based on Sherwood Baptist Church v. City of Sherwood, a 1993 Decision. When a condition of approval was imposed, we must determine whether the evidence in the record would lead a reasonable person to conclude LUBA stated that considering the impacts of the proposed development there is a need for the condition. The existing conditions of this development were there was a need for playgrounds in the neighborhood. There was no evidence in the record to show that. Currently the Ashland School District had a playground and it could allow the public to use it or decline public use. It was the property. The proposal modified the campus. After this proposal, there would be the same shortage of playgrounds in the community. It did not increase the need for playgrounds in the community. The Ashland School District would have the discretion to allow the public to use the playground or deny the public to use the playground. There was no evidence in the record that showed the proposal increased the need for playgrounds in the community. Condition 11 told the Ashland School District that even though there was not impact, they had to allow the public onto their property to use the playground. The condition was illegal, and the Commission should not be doing this kind of condition. Commissioner Thompson commented the public was currently permitted access to school property as at all other schools. The project would install fences and gates and restrict access that was currently available for use. The Commission addressed it by asking them to unlock the gate at the easement location for children to access. Condition 11 would address current practice to having access to the school as a community greenspace. It was an attempt to preserve it because something was being changed. Commissioner Pearce responded the public was currently using the property, but they were not permitted to use it. The condition established a property right for the public to use it. If the Ashland School District wanted to build a fence, it was their absolute right. This condition would require the Ashland School District to give up a property right. This was something the Ashland School District and the Parks and Recreation Department should negotiate. Commissioner Dawkins Thompson. If the Ashland School District decided it should be open all the time and did not take issue with it then it was a done deal. He understood the point of taking private property but there was a community vision of having parks with one quarter mile of each neighborhood. Commissioner Harper also disagreed with property rights all the time. He supported leaving the condition in the findings. Commissioner Thompson suggested modifying the condition where the Ashland School District shall negotiate with the Parks and Recreation Department on allowing the public to utilize the property when school was not in session. Chair Norton responded that meant changing the condition and he wanted it clarified by the city attorney. Ashland Planning Commission August 11, 2020 Page 2 of 7 to add a condition to open the green space and Mr. Severson explained the amendment to the main motion was playground to the public during non-school and non-school event times through the Commissioner Pearce would support that but noted the condition was not written the way the motion was made. Commissioner Harper thought the idea was having findings that reflected the decisions that were made. Commissioner Dawkins withdrew the motion. Commissioner Dawkins/Harper m/s to approve the findings as so written. DISCUSSION: School District negotiate with the Parks and Recreation Department. Commissioner Thompson ultimately thought it was important these spaces were accessible. She had concerns they were locking down the playground. She was more comfortable with a condition requiring the Ashland School District to talk to the Parks and Recreation Department. She Roll Call Vote: would vote against the motion but supported an amendment to change the language. Chair Norton agreed. Commission Dawkins and Harper, YES; Commissioner Thompson, Norton, and Pearce. NO. Motion failed 3-2. Commissioner Pearce thought they could change the condition to require the Parks and Recreation Department negotiate with the Ashland School District to continue to allow public access. Commissioner Thompson agreed. She was not in favor of reopening the public hearing. Commissioner Pearce agreed. Commissioner Thompson/Pearce m/s to approve the Findings for as stated in planning action PA-T2-2020-00020 with the modification that Condition 11 is revised to state that the Ashland School District shall negotiate with the City of Ashland Parks and Recreation Department in an effort to maintain public access outside of school hours to the school playgrounds and greenspaces. DISCUSSION: Commissioner Dawkins would vote against the motion. He wanted to ensure the open space remained open to the public. Chair Norton did not support changing the conditions and Roll Call vote: changes like that should be done through a public hearing. He would not support the motion either. Commissioner Thompson and Pearce, YES; Commissioner Norton, Harper, and Dawkins, NO. Motion failed 3-2. The Commission decided to forward two issues for the city attorney to review. One, whether conditions in findings, conclusions and orders could be changed after the preliminary decision. Two, was if condition 11 was legal. Commissioner Harper/Thompson m/s to continue this item to next the meeting. DISCUSSION: Chair Norton noted one question for the city attorney was if it was legal. If not, then ask the city attorney if they added the negotiation language that Commissioner Thompson had suggested, would if then be legal. The third question would be, could the Commission change it in their consideration of findings, or to change it, do they have to reopen the public hearing. If they were going to change it, did they need to reopen the public hearing based on the over forty emails. Commissioner Thompson thought it might be simpler to ask whether a condition that mandates the Ashland School District in any fashion to make its property available to the public for use outside of school hours would be a lawful condition. And whether the condition was modified to negotiate the condition to require it through negotiation or just absolutely mandate it seemed to her a nuance that she thought the city attorney might have trouble grappling with in rendering a legal opinion. Commissioner Pearce thought the city attorney would have trouble rendering a legal opinion about whether it was legal or not. It was a law applied to fact situation. Commissioner Thompson explained they could ask the city attorney the standard for evaluating the legality or is it legal and what would the standard be. Chair Norton did not think the Commission had changed a condition as part of the findings in the past five years he had served on the commission. This was the first time it had come up and he thought it needed to be clarified. Commissioner Pearce disagreed. They had changed conditions of approval before. Commissioner Thompson thought it was worth asking. They had changed wording in the past. This was a specific decision they were Roll Call Vote: Commissioner Pearce, Thompson, Harper, Norton, and Dawkins, Yes. trying to reconsider now. Motion passed. Ashland Planning Commission August 11, 2020 Page 3 of 7 VI. TYPE II PUBLIC HEARINGS A. PLANNING ACTION: #PA-APPEAL-2020-00011 (appealing PA-T1-2020-00109) SUBJECT PROPERTY: 345 Clinton Street OWNER/APPLICANT: Rogue Planning and Development/Paul Mace & Kathleen Kahle DESCRIPTION: Consideration of an appeal of the administrative approval PA-T1-2020-00109 of a two- lot partition of a 12.29-acre lot for the property located at 345 Clinton. The tentative partition plat creates two parcels that are 8.943 ac. and 3.35 ac in size, with the smaller parcel situated in the southeast of the parent parcel. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 39 1E 04 DB; TAX LOT: 401 Commissioner KenCairn returned to the meeting. Chair Norton read the rules of the public hearing during an electronic meeting. Ex Parte Contact Commissioner Dawkins and KenCairn declared no ex parte contact but were familiar with the site. Commissioner Pearce, Thompson and Harper had no ex parte contact or site visits. Chair Norton had no ex parte contact but had driven past the site. Staff Report Senior Planner Derek Severson provided a presentation (see attached): Appeal Floodplain & Possible Wetland Vicinity Map Potential Buildable Areas Aerial Photo Staff Decision Photo from the corner of Clinton/Ann Appeal Issues Photo from end of Briscoe Place Appeal Issue #1 - Incomplete Application Preliminary Plat Appeal Issue #2 Defective Notice 18.5.3.050 Preliminary Partition Plat Criteria Appeal Issue #3 Access to Inspect Record Proposed Additional Condition Appeal Issue #4 Digital Access Adjoining Land Appeal Issue #5 Additional Time Street Dedication Map (TSP Figure 10-1) Appeal Issue #6 Multiple Land Use North Mountain Neighborhood Plan (NMNP) Street Decisions Layout Map Appeal Issue #7 - Multiple Land Use 18.5.3.050 Preliminary Partition Plat Criteria E, F & G Decisions Appeal Issue #8 Appeal Noticing H 1 & I Staff Recommendation 18.5.3.050 Preliminary Partition Plat Criter J & K Staff recommended the appeal be denied and the original staff approval be upheld with the conditions in the staff report. Questions of Staff Commissioner Thompson asked about online materials not including the application or the receipt and later they were on the city website. Mr. Severson confirmed the application form and receipt were not initially on the website. The application submittal materials were online. Commissioner KenCairn added the application was the one-page zoning application. Commissioner Pearce asked staff to address the easements on the property that were not located in the survey. Mr. surveyors were supposed to include all easements on the plat. If the surveyor found an easement so poorly written it was difficult to locate, they made a note on the easement for a title report referencing it could not be located. Some of the older descriptions were so vague they could not be found on the property. The applicant had included a letter from the surveyor in their rebuttal submittal that was distributed earlier in the day. Ashland Planning Commission August 11, 2020 Page 4 of 7 Presentation Amy Gunter/Rogue Planning and Development/Medford, OR/ Explained the applicant supported the staff decision. Many of the issues raised by the appellant were procedural issues the applicant could not speak to. They had turned in a signed otice of application was mailed to property owners within 200-feet of the property. Adequate notice was provided electronically. Numerous comments were received on the Type I proposal. There 18.5.3 Land was not a lack of public awareness of the proposal. The proposal was consistent with the approval criteria in Divisions and Property Line AdjustmentsORS 92 . The platting was consistent with Oregon state law for subdivisions and partitions. She provided a presentation (see attached): Aerial photo of the Site Partition Plat of the Site shaped property where Carol Street terminated into Clinton Street and extended over to Oak Street had a legally stipulated open space plan on it and could not be developed. There were portions of proposed parcel #1 that could be partitioned in the future. Proposed Partition Plat Ms. Gunter clarified the flood plain area was in the 500-year flood plain. It followed the 100-year flood plain boundary on the survey plat. The future development of the property because it was single family zoned property there was no minimum density requirements. The property could have anywhere from one single family home to whatever density bonuses the developer could come up with to increase density beyond the 15 units per acre. That was why there was not a formal development plan submitted with the original application. There was not a plan of any sort. The survey plan and future lot lines demonstrated the proposal did not have impacts to the natural resources. As a partition of this future property or future subdivision went through, it would be reviewed by staff or the Planning Commission. Natural Features Conclusion They were not opposed to the condition of approval. The lay out preserved the owner to their own driveway in the event the someone had a different development plan for site lay out. Questions of the Applicant - None Eric Elerath/Ashland/ Apologized to Community Development Director Bill Molnar, Assistant Planner Aaron Anderson and Planning staff if he had appeared rude to them. He strongly contested that staff made multiple attempts to provide him access to records. He first requested access to the records May 28, 2020 and they were not made available to him until he paid the $150 appeal fee. There were two critical issues involved. It was his contention that one, the application was not complete. One was the statements on the easements on the partition plat referred to earlier. He had submitted his first questions about these items May 28, 2020 and received a reply at 11:00 a.m. this morning after he had paid his appeal fee. One of the comments a staff member and Mr. Hibbs from L.J. Friar & Associates P.C. had made referred to his ability to read a survey map. Mr. Elerath provided his background, credentials, and education regarding his experience with engineering drawings, survey maps, and his career in construction and architecture. He described the process used at one of the firms for requests for information. He went on to explain he had left a place of employment due to concerns regarding public-private partnerships and indicated there might have been corruption. Ashland Planning Commission August 11, 2020 Page 5 of 7 He was not sure the amount of money the City requested for the application was disclosed or paid for by the applicant. He was unable to find it. The record showed he had raised his concern to the Planning Department and not Mr. Hibbs but he had on May 28, 2020. Mr. Hibbs response was forwarded to him from staff via email at 11:00 a.m. this morning. This was the first reply he had received from the City despite several efforts on his part stating that the application was not complete. email stated the rebuttal was from the applicant, but the application did not From the email it did not appear it was reviewed by the applicant or Rogue Planning Development whose name and signatures appeared on the application. He did not question Mr. H He explained that not long after he moved to Ashland there were land use documents that were messy and problematic. For example, during an escrow for closing on the purchase of his house on Clinton Street, he received a copy of a title report prepared for a different plot of land. He described the ordeal that ensued to attain the appropriate title report. Mr. Hibbs response still did not answer the question he had asked with his very first reply. If Mr. Hibbs was relying on information from the title report, he should provide a copy of the title report and the name of the title insurance company. If he were paying for Mr. Hibbs service, he would not pay him until he got better responses than the ones he had received. Mr. Elerath resumed his testimony and explained the drawings showed there were easements for two diches, pole lines and cable lines that could not be found. He asked what if the ditches showed up tomorrow and they were 50- feet wide concrete lined irrigation canals? What if the pole lines were 300-foot tall high voltage towers or 5G network towers scattered across the property? What if the cable television easement was for Verizon or Comcast to bury gigantic cables to carry data from the tower? What would happen to the wildflowers, wetlands, trees and wildlife? Would the title company guarantee clear title to that? The entire proposal looked dubious to him. The history did not , and he had just got an answer. The application still was not complete until these serious questions were answered in full to the satisfaction of the effected party. He wanted the planning action decision withheld until a clarification on the two issues of the easements in the title report regarding the size of the pole lines, ditches and cable lines, as well as the receipt for the application fee. Public Testimony - None Rebuttal by Applicant Amy Gunter/Rogue Planning and Development/Medford, OR/ Explained Mr. Hibbs from L.J. Friar & Associates P.C. was hired to do the survey. He was not listed on the application form but was on the cover page of the written findings. She could not speak to surveys and when easements were not located. Mr. Hibbs had extensive experience and she trusted his knowledge. Chair Norton asked Mr. Elerath if he was requesting information on the receipt and utilities. Normally at this time they would close the record. Mr. Elerath wanted to leave the record open. Saying something was there did not mean it was there. He did not have an answer to the question he asked over 60 days ago. The application was not complete. It was a submittal, not an application. The application was the cover sheet, everything else was a submittal. Mr. Severson explained the process would leave the record open for seven days where anyone could provide new argument or evidence until August 18, 2020 at 4:30 p.m. Argument or responses, but not new evidence, to the submittals from the first seven days would be submitted for another seven days until August 25, 2020 at 4:30 p.m. The next seven days would allow final argument from the applicant only, but no new evidence, until September 1, 2020 at 4:30 p.m. The Planning Commission would reconvene via Zoom at their next regular meeting on September 8, 2020 to deliberate and make a decision. The 120- Ashland Planning Commission August 11, 2020 Page 6 of 7 day deadline was September 12, 2020. The Planning Commission would adopt findings at their meeting on September 22, 2020. Mr. Severson clarified only the applicant and appellant could submit argument or new evidence the first week the record was open, closing September 18, 2020 at 4:30 p.m. The applicant and appellant would respond to submittals from the first week by September 25, 2020 at 4:30 p.m. and the applicant only would submit a response the last week by September 1, 2020 at 4:30 p.m. Assistant Planner Aaron Anderson noted the receipt and application were in the planning action record on page 83 and 84. Mr. Severson brought up page 83 and 84 of the planning action record showing the application and the receipt. Mr. Elerath responded the receipt and application was no longer an issue. He wanted a response and clarification from the title company as to what the easement ditches were and wanted the reason why the law required them. Chair Norton asked Mr. Elerath to send the items that were not addressed to Mr. Severson who would respond. Questions of Staff Commissioner Dawkins asked staff why Phelps Street went all the way through when it seemed to line up with the driveway. Mr. Severson explained if a half street was installed next to a driveway on two separate lots, they would have to be at least 24-feet apart. Commissioner KenCairn asked for clarification that an existing driveway could not be adopted into the street dedication. Mr. Severson responded typically that would not happen. The driveway was next to a street on a separate property, so the driveway needed to be separate from the street. Mr. Molnar wanted to make sure everyone was clear on what was allowed during the record remaining open. He understood there might be a request from Mr. Elerath for information from staff. He doubted staff would have the availability of the easements. Mr. Severson did not have that information. He only had what was on the plat. Commissioner KenCairn asked it they could be abandoned by the property owner. Commissioner Pearce suggested letting the parties submit whatever they wanted to submit. What staff had to give to someone was covered by existing law. Commissioner Harper did not want the appellant to think that staff was going to research the easements. It was the responsibility of the appellant to submit and research whatever he wanted. That was why they were leaving the record open. the comment periods. Commissioner Thompson was to determine whether the statutory standards for the partition were met. His questions may be more for the developers in the future. Commissioner Pearce thought Mr. Elerath could argue if the standards were applicable. Commissioner Thompson agreed. Chair Norton continued the item to the meeting on September 8, 2020. VII. ADJOURNMENT Meeting adjourned 9:11 p.m. Submitted by, Dana Smith, Executive Assistant Ashland Planning Commission August 11, 2020 Page 7 of 7 denovo “TheStaffAdvisorshallprepareadecision within45daysoftheCity’sdeterminationthatanapplicationiscomplete, unlesstheapplicantagreestoalongertimeperiod.” TheCityshalltakefinalaction onAdministrative…landuseapplications,pursuanttothischapter,including resolutionofallappeals,within120daysfromthedatetheStaffAdvisor deemstheapplicationcompleteforpurposesofprocessing,unlessthe applicantrequestsanextensioninwriting Summaryof ApprovalsbyTypeofReviewProcedures Limited Land Use Decision etal APPEAL OF ADMINISTRATIVELY APPROVED MINOR LAND PARTITION 345 Clinton Street PROPOSED PARTITION PLAT NATURAL 100 yr. FEMA FEATURES Ashland Modified Floodplai Potential Pond Wetland Mook Creek Areas of the property include potential wetland area and buffer 500 yr. FEMA FEMA Floodplain Ashland Modified Floodplain The proposed partition is to create a discrete • parcel of record. Both parcels area and dimensions exceed the • minimum lot size in the R-1-5-P zone. Adequate vehicular access presently exists to the • property and future development will extend the public streets through the future development area CONCLUSION of Parcel #2. The parcels do have natural features such as • floodplains and potential wetlands, as addressed in the findings. The future development will be required to consider the physical constraints as part of the future subdivision. The City of Ashland has adopted numerous • documents addressing the need to additional housing. This partition creates a developable parcel that allows for the future development of needed housing within the city limits. FINDINGS and Legal Response Memo to Commission Questions _________________________________ PA-T2-2020-00020 705 Helman Street BEFORE THE PLANNING COMMISSION September 22, 2020 INTHE MATTER OF PLANNING ACTION #PA-T2-2020-00020, A REQUEST FOR ) SITEDESIGN REVIEW AND CONDITIONAL USE PERMIT APPROVALS TO ) ALLOW THE CONSTRUCTION OF A NEW 23,755 SQUARE FOOT, SINGLE-STORY ) CLASSROOM BUILDING FOR THE HELMAN ELEMENTARY SCHOOL PROPERTY) AT 705 HELMAN STREET. THE REQUESTED CONDITIONAL USE PERMIT IS TO ) ALLOW EXPANSION OF AN EXISTING NON-CONFORMING DEVELOPMENT ) FINDINGS, WHERE BOTH EXISTING AND PROPOSED PARKING AND CIRCULATION ARE ) CONCLUSIONS & LOCATED BETWEEN THE BUILDINGS AND THE STREET, AND FOR THE RE- ) ORDERS LOOCATION OF PREVIOUSLY APPROVED SIGNS. THE PROPOSAL INCLUDES ) THE DEMOLITION OF TWO EXISTING CLASSROOM BUILDINGS THE A AND B ) QUADS - AND REQUESTS A TREE REMOVAL PERMIT TO REMOVE A TOTAL OF) 12 SIGNIFICANT TREES. ) ) OWNER/APPLICANT: HMK COMPANY/ASHLAND SCHOOL DIST. #5 ) ) -------------------------------------------------------------------------------------------------------------- RECITALS: 1)Tax lots 600, 2700, 2800 & 2900 of Map 39 1E 04BD comprise the Helman Elementary School campus located at 705 Helman Street and are zoned Single Family Residential (R-1-5). 2)The applicant is requesting Site Design Review and Conditional Use Permit approvals to allow the construction of a new 23,755 square foot, single-story school building for the Helman Elementary School property at 705 Helman Street. The requested Conditional Use Permit is to allow the expansion of an existing non-conforming development where both the existing and proposed new parking and circulation are located between the buildings and the street, and for the on-site relocation of a previously approved signage. The proposal includes the demolition of two existing classroom buildings and and requests a Tree Removal Permit to remove 12 significant trees. The proposal is outlined in plans on file at the Department of Community Development. AMC 18.5.2.050 3)The criteria for Site Design Review approval are detailed in as follows: Underlying Zone: A. The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. Overlay Zones: B. The proposal complies with applicable overlay zone requirements (part 18.3). Site Development and Design Standards: C. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. City Facilities: D. The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. PA-T2-2020-00020 September 22, 2020 Page 1 Exception to the Site Development and Design Standards. E. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design 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 Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. 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 Development and Design Standards. AMC 18.5.4.050.A 4)The approval criteria for a Conditional Use Permit are detailed in as follows: 1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone. a. Similarity in scale, bulk, and coverage. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c. Architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. e. Generation of noise, light, and glare. f. The development of adjacent properties as envisioned in the Comprehensive Plan. g. Other factors found to be relevant by the approval authority for review of the proposed use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows. b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. PA-T2-2020-00020 September 22, 2020 Page 2 AMC 18.5.7.040.B 5)The approval criteria for a Tree Removal Permit are described in as follows: 1.Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. 2.Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.10. b. 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. c. 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. d. Nothing in this section shall require that the residential density to 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 of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. AMC 15.04.216 6)The Demolition and Relocation Standards are described in detail in as follows: A. For demolition or relocation of structures erected more than 45 years prior to the date of the application: 1. The applicant must demonstrate that either subparagraphs a or b apply: a. The structure cannot be rehabilitated or reused on site as part of any economically beneficial use of the property. In determining whether an economically beneficial use can be made of the property, the Demolition Review committee may require the applicant to: (i) Furnish an economic feasibility report prepared by an architect, developer, or appraiser, or other person who is experienced in PA-T2-2020-00020 September 22, 2020 Page 3 rehabilitation of buildings that addresses the estimated market value of the property on which the building lies, both before and after demolition or removal, or (ii) Market the property utilizing a marketing plan approved by the Demolition Review Committee or by advertising the property in the Ashland Daily Tidings and Medford Mail Tribune at least eight times and at regular intervals for at least 90 days and by posting a for sale sign on the property, four to six square feet in size and clearly visible from the street, for the same 90 day period. b. The structure proposed for demolition is structurally unsound despite efforts by the owner to properly maintain the structure. 2. In addition to subparagraphs a or b above, the applicant must also: a. Submit a redevelopment plan for the site that provides for replacement or rebuilt structure for the structure being demolished or relocated. The replacement or rebuilt structure must be a minimum of 1,000 square feet, unless the structure being demolished or relocated is less than 1,000 square feet. If the structure is less than 1,000 square feet, the replacement structure must be a minimum of 500 square feet. The redevelopment plan must indicate in sufficient detail the nature, appearance and location of all replacement or rebuilt structures. No replacement structure is required, however, if: (i) the applicant agrees to restrict the property to open space uses and a finding is made that such restriction constitutes a greater benefit to the neighborhood than redevelopment would, or (ii) the structure being demolished or relocated is a nonhabitable accessory structure. b. Demonstrate, if the application is for a demolition, the structure cannot be practicably relocated to another site. 3. If a permit is issued and the redevelopment plan: a. Requires a site review permit, no demolition or relocation may occur until the site review permit has been issued, unless the site is restricted to open space uses as provided in section 15.04.216.A.2. b. Does not require a site review permit, no demolition or relocation may occur until the building permit has been issued for the replacement or rebuilt structure, unless the site is restricted to open spaces uses as provided in section 15.04.216.A.2. 4. The Demolition Review Committee may require the applicant to post with the City a bond, or other suitable collateral as determined by the City administrator, ensuring the safe demolition of the structure and the completed performance of the redevelopment plan. PA-T2-2020-00020 September 22, 2020 Page 4 B. For demolition or relocation of structures erected less than 45 years from the date of the application: 1. The applicant: a. Has the burden of proving the structure was erected less than 45 years from the date of the application. Any structure erected less than 45 years from the date of the application, which replaced a structure demolished or relocated under section 15.04.216, shall be considered a structure subject to the standards in subsections 15.04.216. b. Must submit a redevelopment plan for the site that provides for a replacement or rebuilt structure being demolished or relocated. The replacement or rebuilt structure must be a minimum of 1,000 square feet, unless the structure being demolished ore relocated is less than 1,000 square feet. If the structure is less than 1,000 square feet, the replacement structure must be a minimum of 500 square feet. The redevelopment plan must indicate in sufficient detail the nature, appearance and location of all replacement or rebuilt structures. No replacement structure is required, however, if: (i) the applicant agrees to restrict the property to open space uses and a finding is made that such restriction constitutes a greater benefit to the neighborhood than redevelopment would, or (ii) the structure being demolished or relocated is a nonhabitable accessory structure. 2. If a permit is issued and the redevelopment plan: a. Requires a site review permit, no demolition or relocation may occur until the site review permit has been issued, unless the site is restricted to open space uses as provided in section 15.04.216.B. b. Does not require a site review permit, no demolition or relocation may occur until a building permit has been issued for the structure or structures to be replaced or rebuilt, unless the site is restricted to open space uses as provided in section 15.04.216.B. C. For any demolition approved under this section, the applicant is required to salvage or recycle construction and demolition debris, in accordance with a demolition debris diversion plan that complies with the requirements adopted the Demolition Review Committee. The applicant shall submit such a plan with the application for demolition. For any relocation approved under this section, the applicant must also comply with the provisions of Chapter 15.08. (Ord. 2925, amended, 04/18/2006; Ord. 2891, amended, 11/19/2002; Ord. 2858, amended, 06/20/2000; Ord. 2852, added, 01/21/2000) PA-T2-2020-00020 September 22, 2020 Page 5 7)On April 15, 2020 Governor Kate Brown issued Executive Order #20-16 Keep Government Working: Ordering Necessary Measures to Ensure Safe Public Meetings and Continued Operations by Local Government During Coronavirus (COVID-19) Outbreak The Order required that public bodies hold public meetings by telephone, video, or through some other electronic or virtual means, whenever possible; that the public body make available a method by which the public can listen to or virtually attend the public meeting or hearing at the time it occurs; that the public body does not have to provide a physical space for the public to attend the meeting or hearing; that requirements that oral public testimony be taken during hearings be suspended, and that public bodies instead provide a means for submitting written testimony by e-mail or other electronic methods that the public body can consider in a timely manner. The Oregon Legislature subsequently passed House Bill #4212 which authorizes local governments to hold all meetings of their governing bodies, including taking public testimony, using telephone or video conferencing technology or through other electronic or virtual means provided that they supply a means by which the public can listen to or observe the meeting. This bill requires that recordings of the meetings be made available to the public if technology allows, and includes provisions similar to the order allowing public testimony to be taken in writing via e-mail or other electronic means. 8)The Planning Commission, following proper public notice, held an electronic public hearing on July 14, 2020. In keeping with Executive Order #20-16, this meeting was broadcast live on local television channel 9 and on Charter Communications channels 180 & 181, and was live-streamed over the internet on RVTV Prime at rvtv.sou.edu. The application, including all documents, evidence and applicable criteria relied upon by the applicant, and the staff report were made available on-line seven days prior to the hearing, with in-person review by appointment, and printed copies available at a reasonable cost. Those wishing to provide testimony were invited to submit written comments via e-mail by 10:00 a.m. on Monday, July 13, 2020, and the applicant was able to provide written rebuttal to this testimony by 10:00 a.m. on Tuesday, July 14, 2020. Comments and rebuttal received were made available on-line and e-mailed to Planning Commissioners before the hearing and included in the meeting minutes. As provided in the Executive Order #20-16, testimony was also taken electronically during the tele-conferenced meeting from those members of the public who had pre-arranged to provide oral testimony by 10:00 a.m. on Tuesday, July 14, 2020. After the closing of the hearing and the record, the Planning Commission deliberated and approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the index of exhibits, data, and testimony below will be used: Staff Exhibits lettered with an "S" PA-T2-2020-00020 September 22, 2020 Page 6 Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. FINDINGS & CONCLUSIONS 2.1The Planning Commission finds that it has received all information necessary to make a decision based on the staff report, written public testimony and the exhibits received. 2.2The Planning Commission finds that the proposal for Site Design Review approval, Conditional Use Permit, and Tree Removal Permit meets all applicable criteria for Site Design Review described in AMC 18.5.2.050; for Conditional Use Permit described in AMC 18.5.4.050; and for a Tree Removal Permit described in AMC 18.5.7.040.B. 2.3The Planning Commission concludes that the proposal satisfies all applicable criteria for Site Design Review approval. The first approval criterion addresses the requirements of the underlying zone, requiring that, The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable The Planning Commission finds that the building and yard setbacks and other applicable standards have been evaluated to ensure consistency with the applicable provisions of part 18.2, and all regulations of the underlying R- 1-5 zoning will be satisfied. The second approval criterion deals with overlay zones, and requires that, The proposal complies with applicable overlay zone requirements (part The Planning Commission finds that the property is within the Performance Standards Option (PSO) overlay zone, which requires that all developments other than partitions or individual buildings be processed under Chapter 18.3.9., however the proposal here is limited to the development of school buildings on existing lots and does not require subdivision of the property. The Planning Commission further finds that the subject property is located within the Wildfire Lands Overlay, and as such a Fire Prevention and Control Plan addressing the General Fuel Modification Area requirements in AMC 18.3.10.100.A.2 will need to be provided for the review and approval of the Fire Marshal prior to bringing combustible materials onto the property. New landscaping proposed will need to comply with these standards and shall not include plants listed on the Prohibited Flammable Plant List per Resolution 2018-028. Conditions to this effect have been included below. Based on the foregoing, the Planning Commission finds that this criterion is satisfied. PA-T2-2020-00020 September 22, 2020 Page 7 The third criterion addresses the Site Development and Design Standards, requiring that proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, The Planning Commission finds that as proposed, the new classroom building being considered is being placed more than 100 feet from the sidewalk, and existing parking and circulation between the campus buildings and the street is being expanded through requests for Exceptions to the Site Development and Design Standards and a Conditional Use Permit discussed later in this section and in section 2.4. Parking areas are being shifted away from the street, on-site stormwater detention and new landscaping are being added, and controlled access standards better addressed with the removal of a driveway which currently exits into the crosswalk at the corner of Helman and Randy Streets. The Planning Commission notes that automobile parking and circulation are discussed in detail in Section 2.4below. With regard to bicycle parking, the Planning Commission notes that 70 covered bicycle parking spaces are required, based on the applicable ratios in AMC 18.4.3.070 of one covered space for every five students and an enrollment capacity of 350 students. The application explains that only 12 covered bicycle parking spaces are in place, and that the applicant proposes to add a 20 stall bicycle parking structure on the north side of campus accessible from Randy Street and an additional 29 space structure west of the new parking lot along Helman Street to yield a total of 61 covered bicycle spaces, or roughly 87 percent of the 70 spaces required. The Planning Commission further notes that with the approval of the gym and library additions in Planning Action #2007-01756, 66 bicycle parking spaces were required for the 330 student enrollment. At the time, there were 68 spaces already in place on campus in uncovered non-standard racks, and 12 new covered city-standard bicycle parking spaces were added adjacent to the new gym so that a total of 80 bicycle parking spaces available on campus. The Planning Commission finds here that since previously required bicycle parking has been removed since the last approval and no Variance has been requested, the full required 70 covered bicycle parking spaces are required. The Planning Commission notes that the current proposal includes the construction of a new security fence around the perimeter of the campus to control access. Presently, there is a paved pedestrian access easement from the cul-de-sac on Parkside Drive, near 535 Parkside Drive, to the south of campus which was required to be provided with the adjacent subdivision to the south to enable students to safely and efficiently access campus. The Commission here finds that given that the Pedestrian Access and Circulation Standards in AMC 18.4.3.090.B.3.b call for providing pedestrian connections to off-site adjacent uses to the site to the extent practicable and that there is already an improved easement in place to provide just such a connection, restricting this access during pick-up and drop-off times would run counter to the Pedestrian Access and Circulation Standards. The Commission therefore finds that at a minimum, the proposal needs to be modified to provide a gated neighborhood access point that can be un- locked during pick-up and drop-off periods to enable a safe and direct route to school for students living in the subdivision to the south rather than requiring a more indirect and circuitous route to campus. A condition to this effect is included below as Condition #7k. PA-T2-2020-00020 September 22, 2020 Page 8 The fourth approval criterion addresses city facilities, specifically requiring that, The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject The Planning Commission finds that adequate capacity of city facilities, paved access to and throughout the property, and adequate transportation can and will be provided to the subject property. The Commission notes that existing services are in place and currently serve the campus and its buildings. The applicant asserts that adequate city facilities exist to service the proposed new classroom building, and further indicates that the proposal substantially upgrades the storm drainage facilities, which are currently inadequate. The applicant emphasizes that the civil engineering plans (Sheets C2.1 Erosion Control Plan, C3.0 Overall Civil Site Plan, and C.4 Overall Grading and Drainage Plan) provide necessary details to demonstrate proposed site development and construction can comply with city standards. The applicant further details: ‘ğƷĻƩʹ There is an existing six-inch water main in Helman Street, and a six-inch main in Randy Street. There are fire hydrants on Randy Street including a hydrant and fire sprinkler vault west of the gymnasium building. There are hydrants on Helman Street. A fire connection vault is proposed to be located adjacent to Helman Street. The water line sizes are substantial and water pressure is 90 p.s.i. at the Helman Street hydrant, which is adequate to address the water needs for the new structure. {ĻǞĻƩʹ There is an eight-inch sanitary sewer line in Randy Street, and there are 18-inch and 12-inch sanitary sewer lines in Helman Street. The applicant notes that in discussion with the Wastewater Department Supervisor, no capacity issues with the public sanitary sewer lines have been identified. 9ƌĻĭƷƩźĭğƌʹ There are major overhead electrical facilities along Helman Street, and private facilities including junction boxes and vaults are in place. The application explains that the new structure has been designed and engineered to be solar-ready, and areas for future solar panel installation have been reserved in the roof plan. The applicant indicates that they are unaware of any electrical capacity issues. ƩĬğƓ {ƷƚƩƒ 5ƩğźƓğŭĻʹ There is an 18-inch storm sewer main in Helman Street. The development proposal includes substantial storm water quality improvements including the creation of two large landscaped bio-swales. The final Civil engineering will be designed to the standards of the DEQ MS4 General Permit, Phase 2, and the storm water system also be designed to comply with all of specific storm water quality design standards. ƩğƓƭƦƚƩƷğƷźƚƓʹ The applicant notes that there are existing curbside sidewalks in place along all frontages, and indicates that no changes to the existing curbside sidewalk configuration are proposed. According to the Transportation System Plan, Laurel Street is classified as a Residential Neighborhood Collector. Laurel was recently subject to a Local Improvement District to install sidewalks in the Helman School neighborhood, and no changes to the Laurel Street frontage are proposed. PA-T2-2020-00020 September 22, 2020 Page 9 RandyStreetisaclassifiedasaNeighborhoodResidentialStreet,andcurrentlyhaspaving,curbs, gutters and curbside sidewalks in place along the property frontage, but no parkrows. The proposal would remove 3 of the five existing driveway curb cuts on Randy, including one that is immediately adjacent to the intersection and crosswalk, and reinstall a new driveway cut in a location which complies with controlled access standards and serves a new one-way circulation. The applicant emphasizes that these proposed changes to the driveways improve pedestrian safety by increasing driveway spacing away from the most heavily used intersection, while the proposed changes to the parking areas increase the length of the driveway and vehicular maneuvering area on site in order to better accommodate parent drop-off and pick-up on site, without pushing traffic onto the adjacent public streets, and the new one-way vehicular traffic circulation is to increase student and pedestrian safety. Helman Street is considered an Avenue. Helman Street along the frontage of the school is not improved to current avenue standards there is paving, curb, gutter and curbside sidewalks in place, but no parkrows. The application proposes to plant street trees behind the sidewalk and retain two existing driveway curb cuts and add one additional new driveway cut which complies with controlled access standards. No other changes to the Helman Street frontage are proposed by the applicant. The Planning Commission notes that the application materials assert that facilities are in place to serve the existing campus buildings, and adequate key City facilities can be provided to serve the new classroom building, and that based on consultations with representatives of the various City departments (i.e. water, sewer, streets and electric) the proposed addition will not cause a City facility to operate beyond capacity. The Commission further finds that the project is intended to improve accessibility, safety, security and site circulation, but with the demolitions and addition proposed, neither the student enrollment or staffing are to be increased. The application includes civil drawings to address the changes in site grading, drainage, utilities and access associated with the proposal, and conditions have been included below to require that final civil drawings detailing the final utility and infrastructure improvements be provided for review and approval prior of the Building, Planning, Fire, Public Works and Electric Departments prior to building permit issuance. The Commission concludes that this criterion has been satisfied. The final criterion for Site Design Review approval addresses Exception to the Site Development and Design Standards. The application materials recognize that the existing and proposed site development including the placement of parking and vehicular access between the buildings and the street, placement of the new building roughly 180 feet from the property line and not oriented to the corner of Helman and Randy Street, and the lack of pedestrian entrances open to the general public from the sidewalk necessitate exception to the design standards. The applicant suggests that the use of the site as an elementary school can be found to be a unique which poses a demonstrable difficulty in meeting these standards in that schools in 2020 cannot be open to the PA-T2-2020-00020 September 22, 2020 Page 10 general public like the typical commercial building considered in the standards. For student and staff safety and security, access to the campus must be restricted, and the funding source for the current project is through a local bond measure which sought to improve accessibility, structural safety, energy efficiency and campus security for an elementary school original built in And the existing site layout establishes building and parking placement which pose challenges to increasing compliance with the applicable standards without full redevelopment of the campus. The applicant concludes that the exceptions requested are the minimum necessary to accommodate the re-development of the parking area and allow for the construction of a new classroom building. The Planning Commission finds that the proposal involves the demolition of the two existing quad buildings nearest the corner of Helman and Randy Street, and the placement of a proposed new classroom addition more central to the campus rather than removing parking to put them nearer the corner. The Planning Commission concurs with the applicant that the unique nature of the elementary school use poses challenges in meeting standards seeking a streetscape orientation without parking between buildings and the street and placement of buildings close to the sidewalk in that while a school is a public building subject to the Basic Site Review Standards for Non-Residential Development, it is at the same time a use which requires campus access controls to insure the safety and security of students and staff, and which seeks to avoid bringing cars into the mix of uses interior to the campus. The Planning Commission notes that while the new classroom building is being placed in a location more central to the campus, rather than orienting to the corner as the standards would seek, the applicant is creating a new main entry plaza which orients the campus better to the corner and the neighborhood and places campus administrative functions in a location where they can oversee a single, controlled campus access point. The new classroom building responds to the campus character and broader neighborhood context through a scale and placement which also attempts to preserve views of Mt. Ashland and Grizzly Peak for the campus and its neighbors. The Commission finds that the proposed site plan creates a more cohesive campus with a strong central interior courtyard space centered on the library, provides a layout where access can be better controlled to maintain campus security, improves the campus orientation to the corner, improves pedestrian safety by addressing existing non-conforming driveway locations near the Helman and Randy intersection, and provides for new on-site detention of storm water in proximity to the parking as called for in current standards. The Commission further finds that the proposed improvements are in keeping with the general intent of the standards. The Planning Commission concludes that as detailed above and with the conditions discussed, the proposal complies with the requirements for Site Design Review approval. 2.4The Planning Commission finds that the proposal satisfies the applicable standards for Conditional Use Permit approval with regard to the expansion of a non-conforming development. The Commission notes that the first criterion for Conditional Use Permit approval is, That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. The Planning Commission notes that the Comprehensive Plan, Chapter 8 Open Space & speaks specifically to school playgrounds and fields in terms of their community role as PA-T2-2020-00020 September 22, 2020 Page 11 neighborhood parks, used as recreation space by nearby neighbors outside school hours, directly related to neighborhood character, and having the advantage of being available during summer months and non- school hours to provide recreational facilities for all age groups. The Commission further notes that the Comprehensive Plan Transportation Element (10.10.07) speaks to as separate off-road pedestrian and/or bikeways which minimize travel distances within and between residential areas and schools, shopping and workplaces where street connections are infeasible. For example, these short multi-use paths are useful to provide connectivity for cul-de-sac streets and dead end streets, as is the case with the easement to the south connecting the campus to Parkview Drive, and the Comprehensive Plan includes a policy to require such pedestrian and bicycle easements to provide neighborhood connectors, and thus reduce vehicle trips, with development. The Planning Commission finds that the use of the property as a public school is an allowed use in the zone and the setbacks, lot coverage, building height, and parking conform to the R-1-5 zoning district standards, and further finds here that the Conditional Use Permit request here is limited to considering the expansion of the existing non-conforming development which places parking and associated vehicular circulation between the buildings and the street. The second criterion for a Conditional Use Permit is, That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. As noted in Section 2.3 above, the application includes civil drawings detailing site grading, drainage, utilities and access associated with the proposal, and conditions have been included to require that final engineered civil drawings detailing the utility and infrastructure improvements be provided for review prior to building permit issuance, and the Planning Commission finds that adequate capacity of City facilities can and will be provided. The Planning Commission notes that the third Conditional Use Permit criterion is, That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: a) Similarity in scale, bulk, and coverage; b) Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities; c) Architectural compatibility with the impact area; d) Air quality, including the generation of dust, odors, or other environmental pollutants; e) Generation of noise, light, and glare; f) The development of adjacent properties as envisioned in the Comprehensive Plan; and g) Other factors found to be relevant by the approval authority for review of the proposed use. In weighing these impacts, the criteria here explain that the target use in the R-1 zones is residential use developed to the densities detailed in AMC 18.2.5, which for the R-1-5 zoning here is 4.5 dwelling units per acre. The roughly 9.5 acres campus, the Commission finds that for purposes of comparison the school property could accommodate roughly 42.75 dwelling units. In considering the adverse material impacts of the increase in parking and circulation between the buildings and the street, the Commission finds that the adverse impacts may include the aesthetic impacts of pavement and parked cars at a scale out of character in a residential zone; the environmental impacts, PA-T2-2020-00020 September 22, 2020 Page 12 including increased stormwater run-off, an increase in the urban heat island effect, exhaust fumes, noise and headlight glare; and the pedestrian impacts of paving and parked and circulating vehicles posing obstacles to pedestrians seeking to navigate from the sidewalk corridor to building entrances and of impediments to the neighborhood connectivity such as the pedestrian easement to the subdivision to the south, which are typically sought with development through development standards and supported by the Comprehensive Plan. The Planning Commission finds that in the approval of the gym and library additions in 2008-2009 (PA- 2007-01756), 60 automobile parking spaces were required to serve the 240 seat capacity of the gym at the then-applicable parking ratio of one space per four seats. The parking in place was found to satisfy the parking requirements with 53 parking spaces to be provided off-street and the remaining seven spaces required addressed through on-street parking credits as the school property has a total of approximately 1,998 lineal feet of frontage on the three adjacent streets. The Commission further finds that current parking ratios require one parking space per 75 square feet of public assembly area, and the 4,725 square feet of assembly space here require 63 spaces. The applicant notes that there are now only 49 spaces in place on site, and proposes to add a new 17 space parking lot between the building and the street to fully accommodate the parking required on-site, with no reliance on on-street parking credits. The Planning Commission finds that the proposed increase in parking between the building and the street seeks to bring the site into compliance with current parking ratios and to reconfigure circulation and parking in such a way that pick-up and drop-off impacts can be better absorbed on the campus itself and in so doing limit the effects of traffic on the surrounding streets. The Commission finds that there are benefits to better accommodating more of the vehicular queuing on site and in reconfiguring parking to address ratios, minimize on-street impacts and provide new areas for stormwater detention, but further finds that to fully balance the negative impacts to the neighborhood and streetscape of placing more parking between the buildings and the street, the new main entry plaza treatment should be extended with light- colored/permeable pavers, scored concrete or a similar treatment to include the driveway and seven spaces between the new plaza and the corner to provide an extension of the plaza space which strengthens the plaza and the campus orientation to the corner; reduces the aesthetic, environmental and pedestrian impacts between the buildings and corner; and still retains the potential to accommodate parking when needed. In addition, the Commission finds that the role the school playgrounds and greenspaces serve both in providing essential neighborhood recreational space outside of school hours as recognized in the Open Space & chapter of the Comprehensive Plan and in providing neighborhood connectivity is crucial in offsetting the adverse aesthetic, environmental and pedestrian impacts of the school on the surrounding residential neighborhood and has accordingly included Condition #11 requiring, That, outside of regular school hours and school events, the perimeter gates shall remain unlocked so as to not to unreasonably limit or restrict access school playgrounds and The Commission finds that with the modified parking treatment near the plaza, the changes to parking and circulation including improved driveway spacing near the Helman and Randy can be found to be beneficial to pedestrian safety while lessening impacts to the streetscape from pick-up and drop-off traffic and strengthening the presence in the neighborhood streetscape with the new main entry plaza at the corner. PA-T2-2020-00020 September 22, 2020 Page 13 The fourth criterion is that, A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. Here, the Planning Commission finds that as detailed in AMC Table 18.2.2.030.D, public schools are a permitted use in all R-1 zones. The Planning Commission concludes that as detailed above and with the conditions discussed, the proposal complies with the requirements for Conditional Use Permit approval. 2.5The Planning Commission finds that the proposal satisfies the applicable standards for Conditional Use Permit approval with regard to modification to the School approved sign permit program under AMC 18.4.7.120 which provides that, Governmental agencies may apply for a Conditional Use Permit to place a sign that does not conform to this chapter when it is determined that, in addition to meeting the criteria for a conditional use, the sign is necessary to further that agency's public Helman murals were originally approved in Planning Action 2009-00322, and were subsequently incorporated into the master sign permit program under Planning Action PA-2012-00899 which allowed a dragon wall graphic on the then-new gym and two existing student-designed/student-installed tile murals in addition to wall, ground and directional signage. A number of other murals and a tile-mosaic bench are also in place on campus, but are exempt from permitting because they are not visible from the adjacent public rights-of-way. As proposed, the dragon tile mural on the north side of the administration building, facing Randy Street, will be moved with demolition and replaced on a wall to be installed to screen mechanical equipment. With the move, the mural will be visible from Helman Street. In originally administratively approving the murals in 2009, staff found that the student-designed/student- installed murals directly served the public purpose not only in providing a direct and creative participatory educational experience but also in fostering a sense of connectedness between the students, the built environment of the school and their larger community. With the demolition of the two quad buildings, the applicant has proposed to relocate the dragon tile mural, and the Commission finds that this relocation remains in keeping with the original sign permit approval. 2.6The Planning Commission finds that the proposal satisfies the applicable standards for a Tree Removal Permit for a tree that is not a hazard. The first approval criterion for a Tree Removal Permit The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.3.10. The Commission notes that 12 significant trees are proposed for removal, and that the applicant explains that the removals are to permit the proposal to be consistent with applicable ordinance requirements and standards, including applicable Site Development and Design Standards. The second approval criterion is that, 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 The applicant indicates that the requested tree removals will not have significant negative impacts on erosion, soil stability, the flow of surface waters, protection of adjacent trees, or existing windbreaks, and further PA-T2-2020-00020 September 22, 2020 Page 14 explains that the areas where trees are to be removed will be redeveloped with structures, hardscaping, or will re-landscaped. The third criterion is that, 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. The applicant indicates that there are several trees within 200-feet of the subject property, and further suggests that the relative proximity to the heavily vegetated Ashland Creek corridor across Helman Street provides substantial species diversity, canopy coverage, and tree densities in the vicinity. The applicant concludes that the proposed development will ultimately replace the canopy, tree densities, sizes, and species diversity associated with the requested removals. The fourth criterion for Tree Removal Permit approval notes that, Nothing in this section shall require that the residential density to 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 of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. The Commission finds that there is no residential component associated with the current application. The final Tree Removal criterion is that, The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. The Commission finds that mitigation trees sufficient to meet this requirement are proposed throughout the property. 12 significant trees proposed for removal and the Landscape Plants plans (Sheets L3.00-L3.01) call for over 50 replacement trees including Kentucky Coffee trees, Zelkovas, flowering Cherries, Maple, Birch, and Lindens and include planting of new required street trees and 26 proposed shade trees for the parking areas to reduce the microclimatic impacts of the pavement. The Commission further notes that the Ashland Tree Commission was unable to convene its regular monthly meeting for July of 2020 due to the City Administrato state of emergency declaration for the Coronavirus (COVID-19) outbreak, which suspended advisory commission meetings. As such there is no Tree Commission recommendation. As provided in AMC 2.25.040, the failure of the Tree Commission to make a recommendation on any individual planning action shall not invalidate that action. The Commission finds that the remaining trees which are to be preserved are proposed to be protected with six-foot tall chain link fencing as recommended by the arborist and required in the Tree Preservation & Protection Ordinance (AMC 18.4.5). Conditions have been included to require tree protection fencing installation and verification before site work. The Planning Commission concludes that as detailed above and with the conditions discussed, the proposal complies with the requirements for Tree Protection and for Tree Removal Permits to remove a total of 12 significant trees. PA-T2-2020-00020 September 22, 2020 Page 15 2.5 With regard to the proposed demolition of the and quad buildings, the Planning Commission notes that the demolition and relocation of existing buildings is regulated through AMC Chapter 15 Buildings and Construction with approval of permits by the Building Official and the potential for appeal to the Demolition Review Committee. The Commission finds that the applicant has indicated that the two quad buildings are to be demolished following completion of the new classroom building, and a condition has been included below to make clear that the applicant will need to obtain requisite permits for demolition through the Building Official prior to commencement of demolition work. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal for Site Design Review, Conditional Use and Tree Removal permit approvals to construct a new 23,755 square-foot, single-story classroom building and associated changes to the campus site planning, relocate approved signage and remove 12 significant trees is supported by evidence contained within the whole record. The school property is an existing non-conforming development in that the existing placement of parking between the buildings and the streets is contrary to the s Basic Site Review standards which seek to place parking behind buildings or to one side and have the building placed at and oriented to the streetscape. As proposed here, this non-conformity would be retained and expanded through a Conditional Use Permit. The Commission finds that both the existing building lay-out on site and the school use pose difficulties in complying with the standards and as proposed the applicant is creating a new entry plaza near the corner of Helman and Randy Streets which creates an overall campus orientation to the corner and the neighborhood and places the administrative functions at a single, controllable access point for the sake of campus safety and security. The proposed new placement and scale are in direct response to a community public process by the School District which ultimately identified the need for a single-story structure placed more interior to the campus to preserve views of Mt. Ashland and Grizzly Peak for the campus and for the neighborhood, and in so doing a more cohesive campus with a central interior courtyard will be created and the library will become a clear center for the campus. In addition, with the changes proposed the controlled access issues with the northern parking lot driveway exiting into the crosswalk are to be remedied, new on-site storm water detention facilities installed to better respond to standards, and site circulation issues addressed to handle a greater proportion of the daily pick-up and drop-off traffic and parking on-site rather than in the surround neighborhood streetscape. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #PA-T2-2020-00020. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2020-00020 is denied. The following are the conditions and they are attached to the approval: 1.That all proposals of the applicant are conditions of approval unless otherwise modified herein. 2.That the plans submitted for the building permit shall be in conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial PA-T2-2020-00020 September 22, 2020 Page 16 conformance with those approved as part of this application, an application to modify this approval shall be submitted and approved prior to the issuance of a building permit. 3.That a sign permit shall be obtained prior to the installation of signage. Signage shall be consistent with that described herein and shall be placed in a manner consistent with the vision clearance standards of AMC 18.2.4.040. 4.That all requirements of the Fire Department shall be satisfactorily addressed, including approved addressing; fire apparatus access including aerial ladder access, turn-around, firefighter access pathways and work area; fire hydrant spacing, distance and clearance; fire flow; fire sprinkler system if applicable; fire extinguishers; limitations on gates or fences; providing required fuel breaks; and meeting the general fuel modification area standards. 5.That mechanical equipment shall be screened from view from the surrounding streets, and the location and screening of all mechanical equipment shall be detailed on the building permit submittals. 6.That the applicant shall obtain applicable demolition permits through the Building Division if deemed necessary by the Building Official prior to the commencement of any building demolition on site. 7.That building permit submittals shall include: a.The identification of all easements, including but not limited to public or private utility, irrigation and drainage easements, fire apparatus access easements, and public pedestrian access easements. b.The identification of exterior building materials and paint colors for the review and approval of the Staff Advisor. Colors and materials shall be consistent with those described in the application and very bright or neon paint colors shall not be used. c.Specifications for all exterior lighting fixtures. Exterior lighting shall be directed on the property and shall not directly illuminate adjacent proprieties. d.Revised landscape and irrigation plans shall be provided for the review and approval of the Staff Advisor with the building permit submittals. These revised plans shall address: 1) required size and species-specific planting details and associated irrigation plan modifications, including the requirements for programmable automatic timer controllers and a maintenance watering schedule with seasonal modifications; 2) final lot coverage and required landscaped area calculations, including all building footprints, driveways, parking, and circulation areas, and landscaped areas. Lot coverage shall be limited to no more than 50 percent, and the calculations shall demonstrate that the requisite 50 percent landscaping and seven percent parking lot landscaping are provided; 3) the mitigation requirements of AMC 18.5.7 by detailing the mitigation for the 12 significant trees to be removed on a one-for-one basis through replanting planting on-site, replanting off-site, or payment to the Tree Fund in lieu of replanting; and 4) sight-obscuring screening of PA-T2-2020-00020 September 22, 2020 Page 17 the parking lot with a landscape buffer in keeping with the requirements of AMC 18.4.3.080.E.6.a.iv and 18.4.4.030.F.2. e.A Fire Prevention and Control Plan addressing the General Fuel Modification Area requirements in AMC 18.3.10.100.A.2 of the Ashland Land Use Ordinance shall be provided prior to bringing combustible materials onto the property, and any new landscaping proposed shall comply with these standards and shall not include plants listed on the Prohibited Flammable Plant List per Resolution 2018-028. f.Final storm water drainage, grading and erosion control plans for the review and approval of the Engineering, Building and Planning Departments. The storm water plan shall address Public Works/Engineering standards requiring that post-development peak flows not exceed pre-development levels. Any necessary drainage improvements to address the storm water shall be provided at the expense. Storm water from all new impervious surfaces and run-off associated with peak rainfall events must be collected on site and channeled to the city storm water collection system (i.e., curb gutter at public street, public storm pipe or public drainage way) or through an approved alternative in accordance with Ashland Building Division policy BD-PP-0029. On-site collection systems shall be detailed on the building permit submittals. g.A final utility plan for the project for the review and approval of the Engineering, Planning and Building Divisions. The utility plan shall include the location of any necessary connections to 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. The utility plan shall also address Water Department requirements relative to cross connections and premises isolation. Meters, cabinets, vaults and Fire Department Connections shall be located outside of pedestrian corridors and in areas least visible from streets, sidewalks and pedestrian areas, while considering access needs. Any necessary service extensions or upgrades shall be completed by the applicant at expense. h.A final electric design and distribution plan including load calculations and locations of all primary and secondary services including any transformers, cabinets and all other necessary equipment. This plan must be reviewed and approved by the Electric, Engineering, Building and Planning Departments prior to the issuance of excavation or building permits. Transformers, cabinets and vaults shall be located outside the pedestrian corridor in areas least visible from streets, sidewalks and pedestrian areas, while considering the access needs of the Electric Department. Any necessary service extensions or upgrades shall be completed at the expense. i.That the applicants shall provide final engineered plans for any work in the street rights- of-way including any changes to sidewalks, driveway aprons or pedestrian crossings for the review of the Planning and Public Works/Engineering Departments. PA-T2-2020-00020 September 22, 2020 Page 18 j.Identification of required bicycle parking, which includes 70 covered bicycle parking spaces. Inverted u-racks shall be used for the outdoor bicycle parking, and all bicycle parking shall be installed in accordance with the standards in 18.4.3.070.I, inspected and approved prior to the issuance of the certificate of occupancy. The building permit submittals shall verify that the bicycle parking spacing and coverage requirements are met. k.A revised site plan that extends the new entry plaza treatment (i.e. light-colored, permeable pavers, scored concrete or similar) to include the driveway and seven parking spaces between the new plaza and the corner to provide an extension of the plaza space, strengthen the plaza while retaining the potential to accommodate overflow parking as needed; and provides a gated access point from the Parkside Drive pedestrian easement to allow its use during pick-up and drop-off times. 8.That prior to any site work including staging, storage of materials, demolition or tree removal, the applicant shall mark the trees to be removed and install protection fencing for the trees to be retained, and obtain a Tree Verification Inspection so that the Staff Advisor can verify that the trees identified on site for removal are consistent with the approved plan, and that those trees to be protected have tree protection fencing in place in a manner consistent with the approved plans. 9.That prior to the issuance of a building permit all necessary building permits fees and associated charges, including permits and connections fees for any new utilities, and applicable system development charges for water, sewer, storm water, parks, and transportation (less any credits for existing structures) shall be paid. 10.That prior to the issuance of a certificate of occupancy or final project approval: a.That the required automobile and bicycle parking shall be installed according to the approved plan, inspected and approved by the Staff Advisor. b.All hardscaping including the sidewalk corridor, on site circulations routes, parking lots and driveways; landscaping; and the irrigation system shall be installed according to the approved plan, inspected, and approved by the Staff Advisor. c.That the screening for the trash and recycling containers shall be installed in accordance with the Site Design and Development Standards prior to the issuance of a certificate of occupancy. 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 18.4.4.040. d.That all exterior lighting shall be directed on the property and shall not directly illuminate adjacent proprieties. e.All required utility service and equipment installations and street frontage improvements, shall be installed under permit from the Public Works Department and in accordance with the approved plans, inspected and approved by the Staff Advisor. f.Replacement trees to mitigate the trees removed shall be planted and irrigated according to the approved plan, or alternative mitigation demonstrated. PA-T2-2020-00020 September 22, 2020 Page 19 11.That,outsideofregularschoolhoursandschoolevents,theperimetergatesshallremainunlocked soasto not to unreasonablylimit or restrictaccessschool playgroundsandgreenspaces. ,2020 PlanningCommissionApprovalDate PA-T2-2020-00020 September 22,2020 Page20 FINDINGS _________________________________ PA-T3-2019-00001 1511 Hwy 99 N BEFORE THE PLANNING COMMISSION September 22,2020 IN THE MATTER OF PA-T3-2019-00001,A REQUEST FORANNEXATION OF TWO) PARCELS TOTALING 16.87 ACRES,WITH A CURRENT ZONING OFJACKSON) COUNTY RR-5(RURAL RESIDENTIAL)AND A PROPOSED ZONING OF CITY) OF ASHLAND R-2 (LOW DENSITY, MULTI-FAMILY RESIDENTIAL) FOR THE) PROPERTIES LOCATED AT 1511 HIGHWAY 99 NORTH. THE ANNEXATION) INCLUDESADJACENT RAILROAD PROPERTY & STATE HIGHWAY ) RIGHT-OF-WAY ADDED BY STAFF FOR A MORE LOGICAL BOUNDARY.) THE APPLICATION INCLUDES CONCEPTUAL DETAILS FOR THE FUTURE) FINDINGS, PHASED DEVELOPMENT OF 1961-& 2-BEDROOM APARTMENTS RANGING) CONCLUSIONS, FROM 480-701SQUARE FEET IN 142-STORY BUILDINGS. OUTLINE PLAN ) ORDERS & SUBDIVISION AND SITE DESIGN REVIEWDEVELOPMENT APPROVALS ARE) RECOMMENDATION NOT REQUESTED HERE, AND WOULD BE APPLIED FOR SUBSEQUENTTO) ANNEXATION. THE APPLICATION ALSO REQUESTS AN EXCEPTION TO ) STREET STANDARDS TO DEVIATE FROM CITY STANDARD PARKROW) AND SIDEWALK IMPROVEMENTS TO RESPOND TO CONSTRAINTS OF) RIGHT-OF-WAY WIDTH AND EXISTING ENCROACHMENTS.) ) OWNER: Linda Zare) APPLICANT: Casita Developments, LLC& Kendrick Enterprise, LLC) ) -------------------------------------------------------------------------------------------------------------- RECITALS: 1) Tax lots#1700 and #1702of Map 381E 32are located at 1511 Highway 99 North, which is presently outside the city limits, and is zoned RR-5, Jackson County Rural Residential. 2) The applicantsare requestingannexation of two parcels totaling 16.87acres with a current zoning of Jackson County RR-5(Rural Residential) and a proposed zoning of Cityof Ashland R-2 (Low Density, Multi-Family Residential) for the properties located at 1511 Highway 99 North. Adjacent railroad property and state highway right-of-wayhas been included in the annexation by the Staff Advisorfor a more logical and orderly boundary as provided in AMC 18.5.8.060. Theapplication includes conceptual details for the future phased development of 196 apartments (1-and 2-Bedrooms, ranging from 480-701 square feet) in 14 two-story buildings. Outline Plan subdivision and Site Design Review development approvals are not requested here, and would be applied for subsequent to annexation. The application also requests an Exception to Street Standards to deviate from city standard parkrow and sidewalk improvements to respond to constraints of right-of-way width and existing encroachments. The proposal is outlined inplans on file at the Department of Community Development. 3) The approval criteria for Annexation are described in AMC 18.5.8.050as follows: An annexation may be approved if the proposed request for annexation conforms, or can be made to conform through the imposition of conditions, with all of the following approval criteria. PA-T3-2019-00001 September 22, 2020 Page 1 A. The land is within the City's Urban Growth Boundary. B. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. C. The land is currently contiguous with the present city limits. D. Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. E. Adequate transportation can and will be provided to and through the subject property. For the purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle, pedestrian, and transit transportation meeting the following standards. 1.For vehicular transportation a 20-foot wide paved access exists, or can and will be constructed, along the full frontage of the project site to the nearest fully improved collector or arterial street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half-street standard with a minimum 20-foot wide driving surface. The City may, after assessing the impact of the development, require the full improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to City standards. Where future street dedications are indicated on the Street Dedication Map or required by the City, provisions shall be made for the dedication and improvement of these streets and included with the application for annexation. 2.For bicycle transportation safe and accessible bicycle facilities exist, or can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be determined and safe and accessible bicycle facilities serving those destinations shall be indicated. 3.For pedestrian transportation safe and accessible pedestrian facilities exist or can and will be constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within a quarter of a mile of an existing sidewalk system, thesidewalks from the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project PA-T3-2019-00001 September 22, 2020 Page 2 site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. 4.For transit transportation, should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus turn-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. F. For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of 90 percent of the base density for the zone, unless reductions in the total number of units isnecessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes greater than 35 percent, shall not be included. G. Except as provided in 18.5.8.050.G.7, below, annexations with a density or potential density of four residential units or greater and involving residential zoned lands, or commercial, employment or industrial lands with a Residential Overlay (R-Overlay) shall meet the following requirements. 1.The total number of affordable units provided to qualifying buyers, or to qualifying renters, shall be equal to or exceed 25 percent of the base density as calculated using the unit equivalency values set forth herein. a.Ownership units restricted to households earning at or below 120 percent the area median income shall have an equivalency value of 0.75 unit. b.Ownership units restricted to households earning at or below 100 percent the area median income shall have anequivalency value of 1.0 unit. c.Ownership unitsrestricted to households earning at or below 80 percent the area median income shall have an equivalency value of 1.25 unit. d.Ownership or rental units restricted to households earning at or below 60 percent the area median income shall have an equivalency value of 1.5 unit. 2.As alternative to providing affordable units per section 18.5.8.050.G.1, above, the applicant may provide title to a sufficient amount of buildable land for development complying with subsection 18.5.8.050.G.1.b, above, through transfer to a non- PA-T3-2019-00001 September 22, 2020 Page 3 profit (IRC 501(3)(c) affordable housing developer or public corporation created under ORS 456.055 to 456.235. a. The land to be transferred shall be located within the project meeting the standards set forth in 18.5.8.050.G, subsections 4 - 6. b. All needed public facilities shall be extended to the area or areas proposed for transfer. c. Prior to commencement of the project, title to the land shall be transferred to the City, an affordable housing developer which must either be a unit of government, a nonprofit 501(C)(3) organization, or public corporation created under ORS 456.055 to 456.235. d. affordable housing program requirements. 3. The affordable units shall be comparable in bedroom mix and housing type with the market rate units in the development. a. The number of bedrooms per dwelling unit in the affordable units within the residential development shall be in equal proportion to the number of bedrooms per dwelling unit in the market-rate units within the residential development. This provision is not intended to require the same floor area in affordable units as compared to market-rate units. The minimum square footage of each affordable unit shall comply with the minimum required floor based as set forth in Table 18.5.8.050.G.3. Table 18.5.8.050.G.3 Unit Type Minimum Required Unit Floor Area (Square Feet) Studio 350 1 Bedroom 500 2 Bedroom 800 3 Bedroom 1,000 4 Bedroom 1,250 b. The required on-site affordable units shall be comprised of the different unit types in the same proportion as the market dwelling units within the development. PA-T3-2019-00001 September 22, 2020 Page 4 4.A development schedule shall be provided that demonstrates that that the affordable housing units per subsection 18.5.8.050.G shall be developed, and made available for occupancy, as follows. a.That 50 percent of the affordable units shall have been issued building permits prior to issuance of a certificate of occupancy for the last of the first 50 percent of the market rate units. b.Prior to issuance of a building permit for the final ten percent of the market rate units, the final 50 percent of the affordable units shall have been issued certificates of occupancy. 5.That affordable housing units shall be distributed throughout the project 6.That affordable housing units shall be constructed using comparable building materials and include equivalent amenities as the market rate units. a.The exterior appearance of the affordable units in any residential development shall be visually compatible with the market-rate units in the development. External building materials and finishes shall be substantially the same in type andquality for affordable units as for market-rate units b.Affordable units may differ from market-rate units with regard to interior finishes and materials provided that the affordable housing units are provided with comparable features to the market rateunits, and shall have generally comparable improvements related to energy efficiency, including plumbing, insulation, windows, appliances, and heating and cooling systems. 7.Exceptions to the requirements of 18.5.8.050, subsections G.2 G.5, above, may be approved by the City Council upon consideration of one or more of the following. a.That an alternative land dedication as proposed would accomplish additional benefits for the City, consistent with the purposes of this chapter, than would development meeting the on-site dedication requirement of subsection 18.5.8.050.G.2. b.That an alternative mix of housing types not meeting the requirements of subsection 18.5.8.050.G.3.b would accomplish additional benefits to the City consistent with this chapter, than would the development providing a proportional mix of unit types. PA-T3-2019-00001 September 22, 2020 Page 5 c. That the alternative phasing proposal not meeting subsection 18.5.8.050.G.4 provided by the applicant provides adequate assurance that the affordable housing units will be provided in a timely fashion. d. That the distribution of affordable units within the development not meeting subsection 18.5.8.050.G.5 is necessary for development of an affordable housing project that provides onsite staff with supportive services. e. That the distribution of affordable units within the development as proposed would accomplish additional benefits for the city, consistent with the purposes of this chapter, than would development meeting the distribution requirement of subsection 18.5.8.050.G.5. f. That the materials and amenities applied to the affordable units within the development, that are not equivalent to the market rate units per subsection 18.5.8.050.G.6, are necessary due to local, State, or Federal Affordable Housing standards or financing limitations. 8. The total number of affordable units described in this section 18.5.8.050.G 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. Properties providing affordable units as part of the annexation process shall qualify for a maximum density bonus of 25 percent. H. One or more of the following standards are met. 1. The proposed area for annexation is to be residentially zoned, and there is less than a five-year supply of vacant and redevelopable land in the proposed land use zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. The five-year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the Housing Element of the Comprehensive Plan. 2. The proposed lot or lots will be zoned CM, E-1, or C-1 under the Comprehensive Plan, and that the applicant will obtain Site Design Review approval for an outright permitted use, or special permitted use concurrent with the annexation request. 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services. 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service, or the service will become inadequate within one year. PA-T3-2019-00001 September 22, 2020 Page 6 5.The area proposed for annexation has existing City water or sanitary sewer service extended, connected, and in use, and a signed consent to annexation agreement has been filed and accepted by the City. 6.The lot or lots proposed for annexation are an island completely surrounded by lands within the city limits. 4) The criteria for Site Design Review approval are described in AMC 18.5.2.050as follows: Underlying Zone: A.The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yardsetbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. Overlay Zones: B.The proposal complies with applicable overlay zone requirements (part 18.3). Site Development and Design Standards: C. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. City Facilities: D.The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. Exception to the Site Development and Design Standards. E.The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1.There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design 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 negativelyimpact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2.There is no demonstrable difficultyin meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. 5) The criteria for an Exception to Street Standards are described in AMC 18.4.6.020.B.1 as follows: a.There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. b.The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable. PA-T3-2019-00001 September 22, 2020 Page 7 i.For transit facilities and related improvements, access, wait time, and ride experience. ii.For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic. iii.For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of walking along roadway), and ability to safety and efficiency crossing roadway. c.The exception is the minimum necessary to alleviate the difficulty. d.The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. 6) The Planning Commission, following proper public notice, held public hearingsonNovember 12, 2019 and June 23, 2020 at which time testimony was received and exhibits were presented.Subsequent to the closing of the hearing, the Planning Commissionrecommended that the City Council approve the Annexation request subject to a number of conditions, and that the Council direct staff to work with the Oregon Department of Transportation to initiate a speed study to determine whether a reduction in the speed limit is possible on the adjacent state highway corridor. Now, therefore, the Planning Commission of the City of Ashland finds, concludesand recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. FINDINGS& CONCLUSIONS 2.1The Planning Commission finds that it has received all information necessary to make a recommendation to the City Council based on the staff report, public hearing testimony and the exhibits received. 2.2The Planning Commission finds that the proposal forAnnexationmeets the applicable criteria in AMC 18.5.8.050with two exceptions. First, as discussed in 2.3 below, with regardto affordability requirementsin AMC 18.5.8.050.G PA-T3-2019-00001 September 22, 2020 Page 8 from the initial calculation, and the applicant argues that bothstate and city regulations do not consider these to be buildable lands, and that similar exclusions have been allowed in past applications.The exclusion of constrained lands is allowed in the code when calculating minimum density, but there is no similar provision with regard to affordability calculations. To comply with the ordinance as written, the number of affordable units would need to be increased to account for the full area of the subject properties in the calculation, or the Council could opt to use its legislative discretion toallow exclusion of these constrained lands. Second, All streets located withinannexed areas shall be fully improved to City standardsity street standards. immediate frontage, the applicant proposes city standard improvements except where the sidewalk must be pushed to curbside to accommodate the installation of a bus pull-out lane associated with a new southbound bus stop, and while the applicant proposes approximately 0.63 miles of new sidewalk to connect to existing sidewalks to the north and south, due to physical constraints in the form of roadside ditches and limited right-of-way standard parkrowplanting strips with street trees cannot be installed. The application includes justification for an Exception to the Street Standards. The Commission finds that while an Exception is merited such a request would not be considered independent from a Site Design Review proposal, and that in the meantime the Council could again exercise its legislative discretionto accept the improvements as proposed. 2.3The Planning Commission notesthat the approval standards for an Annexation require that the subject property be located within the City's Urban Growth Boundary, that the proposed zoning for the annexed area be in conformance with the Comprehensive Plan Map designation, and that the land be currently contiguous with the present city limits. In this instance, the subject property is located within theUrban Growth Boundary, and the requested R- Multi-Family ResidentialWhile Site Design Review approval is not currently requestedfor development of the site, a conceptual multi-family development plan is provided to demonstrate how the property could be developed to the required minimum density in keeping with applicable standards. , however the Planning Commission notes that AMC18.5.8.060providesthat"Whenanannexationisinitiatedbya privateindividual,theStaffAdvisormayincludeotherparcelsofpropertyintheproposedannexationto makeaboundaryextensionmorelogicalandtoavoidparcelsoflandwhicharenotincorporatedbutare partiallyorwhollysurroundedbytheCity.TheStaffAdvisor,inareporttothePlanningCommissionand CityCouncil,shalljustifytheinclusionofanyparcelsotherthantheparcelforwhichthepetitionis filed.ThepurposeofthissectionistopermittheCommissionandCounciltomakeannexationsextending theboundariesmorelogicalandorderly."ThePlanningCommissionfindsthattheStaffAdvisor hasincluded PA-T3-2019-00001 September 22, 2020 Page 9 Public Facilities The Commission further notes that annexation requests must demonstrate that adequate public facilities can and will be provided to and through the subject property. With regard to specific public facilities: Water: The Water Department has noted that the property is not currently served by a water main, and a new main will need to be installed to connect to the existing city water system. The nearest point of connection is the intersection of North Main Street and Highway 99 North. The applicant notes that water lines to service the property are proposed to be extended, and indicates that these will be adequately sized to provided water pressure for residential service and fire suppression systems. The Water Department has indicated that with extension of a new main, there will be adequate supply of potable water available to the site subject to the following: The City will require the applicant to extend the existing 12-inch main line at a location uphill and o south of the site, between Fox & Schofield Streets to a location north of the railroad trestle at the o pressures at the meter (160+ psi). This will require a pressure reducing valve (PRV) at the point building. It is understood that the applicant will likely install one water meter for the southernmost building o and a second "master meter" for the remainder of the site near the northernmost driveway. Water meters must be placed in the public right-of-way and within the city limits. As such, the o proposed annexation should extend at least to centerline of the adjacent state highway right-of- way. Fire hydrants to be installed on-site will be located on private property and will require yearly o The existing well on site will need to abandoned, or the applicant will be required to install o premises isolation measures (RPZ/double check). The applicant will need to work with the Bureau of Reclamation (BOR) on any necessary o modifications to proposed site improvements and associated permitting to address the "Billings Siphon" irrigation easement and associated federal requirements. The City will need to review a more formal plan for on-site services with the eventual Site Design o Review application to develop the site, with infrastructure installation to occur in conjunction with PA-T3-2019-00001 September 22, 2020 Page 10 site development. The review here is limited to determining that adequate capacity of public facilities can and will be extended to the subject propertywith development. Sanitary Sewer & Storm Drainage: City code requirements typically necessitate that all utilities transition to city services with annexation, however in this instance the property is well outside and would be needed Agreeme the Bear Creek Valley Sanitary Authority -now Rogue Valley Sewer Service -which dates to November 8, 1995 and which provides that with annexation, the sewer district shall continue to provide an urban level of sanitary sewer and/or storm water services that it has historically provided the City and the sewer district may agree to joint provision of service to areas within the City or its UGB by contract, mutual agreement or other method. As proposedby the applicant here, RVSS will continue to provide these services to the subject properties per the 1995 agreement. Public Works has indicated that RVSS continuing to serve the property as allowed under the 1995 agreement is the most appropriate option and is acceptable here, and RVSS has confirmed that their sanitary sewer system has adequate capacity for the proposed development, and thatthere is an eight-inch main in the right-of-way due north of the project site. On- site storm water drains to a roadside ditch that is within the state highway right-of-way and maintained by the Oregon Department of Transportation (ODOT). The application indicates that the future development of the property is required to be compliant with the regionally-adopted Rogue Valley Stormwater Design Manual, and further notes that the project Civil Engineers have performed preliminary stormwater generation calculations based on the maximum coverage areas in the zone and have proposed potential surface detention, and recognize that below-grade collection, detention and treatment will be necessary with the future development of the site. With the 1995 agreement, the existing sanitary and storm sewer services to the property would continue, but may need to be formalized with an intergovernmental agreement between the City, RVSS and ODOT to finalize the logistics of RVSS providing sewer and storm water service to the properties once annexed to the City. Electric: The application explains that the property is currently served by Pacific Power, but that with the development the property will be served by the City of Ashland Electric Department with the installation of new electrical infrastructure by the applicant. The application explains that there is presently low-voltage city electric service in place to power street and landscape lighting in and around the central median at the railroad trestle overpass. With the proposal, electric lines are to be provided in or adjacent to the highway right-of-way to provide adequate infrastructure to the proposed development and future development in the vicinity. The Electric Department has indicated that the necessary capacity to serve anticipated future development of the property. They have further noted that this preliminary service plan does not consider how development would be served on site, and is limited to bringing necessary capacity to the property. The Planning Commission finds that the proposal is somewhat unique in that annexations, whether for commercial or residential land, have historically been associated with concurrent development proposals that provide clear trigger points for the completion of improvements and a measure of certainty with regard PA-T3-2019-00001 September 22, 2020 Page 11 totheultimate build-out. In this instance, while the applicant has provided a development plan to conceptually demonstrate how the property could be developed in keeping with the zoning, there is no concurrent development approval requested and the proposal involves the provision of some public services by entities other than the city. The Commission recommends that any annexation approval make clear that the property. Adequate Transportation The Planning Commission notes that the annexation criteria include that, meeting t Vehicular Transportation For vehicular transportation, the criterion requires that -foot wide paved access exists, or can and will be constructed, along the full frontage of the project site to the nearest fully improved collector or arterial street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half-street standard with a minimum 20-foot wide driving surface. The City may, after assessing the impact of the development, require thefull improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to City standards. Where future street dedications are indicated on the Street Dedication Map or required by the City, provisions shall be made for the dedication Highway, which is a state highway under the jurisdiction of the Oregon Department of Transportation. Highway 99 North becomes North Main Street within the city limits south of the site. North Main Street is a boulevard or arterial as classified in the Transportation System Plan (TSP). City street standards for a boulevard or arterial street generally call for 11-foot motor vehicle travel lanes, a 12-foot median/center turn lane, six-foot bike lanes on each side, eight-to nine-foot parking lanes where on-street parking is appropriate, a six-inchcurb, a seven-to eight-foot parkrow planting strip with irrigated street trees, and six-The Road Dietch direction separated by a single, shared center turn lane, and variable width bicycle lanes on the shoulder. There are currently no curbs, park rows or sidewalks in place along the property frontage, and roadside ditches are present in some locations. On the opposite side of the roadway, a guardrail is in place at the outside edge of the bike lane. Transportation Impact Analysis (TIA) memorandum which evaluates the transportation impacts of the proposal. Key findings of the TIA include: The TIA shows all studied intersections (Hwy 99N at South Valley View, Highway 99N at Jackson Road, North Main Street at Jackson Road, North Main Street at Maple Street, and Hwy 99N at the PA-T3-2019-00001 September 22, 2020 Page 12 project access points) will meet the mobility standards through the Year 2034 with the addition of the traffic associated with anticipated development of the subject property. The addition of development traffic will not substantially increase queuing conditions over the background conditions. The TIA technical memo further explains that the recent reduction in through lanes with the road diet has resulted in increased queuing lengths when disruptions to traffic such as garbage trucks, stopped buses or cars stopping for pedestrians create back- mitigation is recommended to address these queue lengths. All site driveways are projected to operate safely and efficiently. The TIA recommends that Highway 99N be restriped to include a left-turn lane for vehicles entering the site. The TIA concludes that the Transportation Planning Rule (TPR) has been demonstrated to be met. After review of the TIA and the subsequent supplementary technical memo, the Oregon Department of Transportation (ODOT) which has jurisdiction over the roadway has accepted the TIA. Access Easement The Planning Commission notes that the applicant has indicated that one of the two access points to the property is to be provided via a 30-foot wide access easement and notes that there are no reservations or limits noted upon thiseasement. The applicant further explains that there is a 25-foot wide right of access to the highway from the easement, and has included a survey noting the easement area along with the easement language. The Planning Commission finds that while the adjacent property owners have raised questions as to the history and legitimacy of the existing easement, but ratherto determine, based on the easement in place, if adequate transportation can be provided. The Planning Commission finds that while city standards generally seek a gridded, interconnected street system within and through the development that provides for broader connectivity, the presence of the railroad tracks along one boundary of the subject properties combined with site topography prevents connection to the adjacent street system. In this instance, multi-family zoned property is not required to provide a dedicated public street with development (AMC 18.4.6.040.C.1)and no dedications are identified through the subject properties on the current Street Dedication Map, howeverAMC 18.4.3.080.C.3.ddoesrequirethattwodrivewayaccesspointsbeprovidedifamulti-familydevelopment willgenerateover250tripsperdayasisthecasehere.ThePlanningCommissionfindsthattheintentof thisstandardistoprovideoptionsfortheorderlyflowoftrafficintoandoutofthesite,andhere,two drivewaysareproposed,andthesupplementarytechnicalmemototheTrafficImpactAnalysis (TIA)indicatesthatODOTwillbepermittingunrestrictedturningmovementsatbothdriveways allowingbothright-in/right-outandleft-inandleft-outmovements.With development of the site, the applicant will need to respond to standards and requirements dealing with parking, access and circulation including vehicle area design and pedestrian access and circulation standards. The Planning Commission finds thatHighway 99N is the only street within or adjacent to the proposed annexation, and wAll streets located within annexed areas shall PA-T3-2019-00001 September 22, 2020 Page 13 be fully improved to City standards,the Highway 99N improvements described in the application do not standard improvements except where the sidewalk must be pushed to curbside to accommodate the installation of a bus pull-out lane associated with a new southbound bus stop, and while the applicant proposes approximately 0.63 miles of new sidewalksto connect to existing sidewalks to the north and south, due to physical constraints in the form of roadside ditches and limited right-of-way standard park row planting strips with street trees cannot be installedwith those connections. The application includes justification for an Exception to the Street Standards. The Commission finds that while an Exception is merited such a request would not be considered independent from a Site Design Review proposal, however the Council could exercise its legislative discretionto accept theimprovements as proposed. Bicycle Transportation For bicycle transportation, the approval criterion is that, can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations fromthe project site shall be The Planning Commission finds that Highway 99N is classified as aboulevard or arterial street in the Transportation System Plan, and that there are existing bike lanes in place which are to be retained with the proposal. Pedestrian Transportation The pedestrian transportation criterion is that,safe and accessible pedestrian facilities exist or can and will be constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within a quarter of a mile of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. Frontage Improvements The Planning Commission notes that the applicant proposes frontage improvements which mix city- standard treatments with a parkrowplanting strip between the curb and sidewalk,and curbside sidewalk installations to connecttheexisting sidewalks from the north of the site in the county to the south within the city. The sidewalk installation proposed equates to approximately 0.63 miles.Thestandard sidewalk and parkrow configuration is proposed along the ropertyfrontage, except where the installation of a proposes bus pull-out lane and bus shelter necessitate an eight-foot curbside sidewalk. where the right-of-way is constrained by right-of-way width, slopes, or existing improvements.The applicant proposes to place either an ODOT-standard cobra-head style street light or aCity-standard pedestrian-scaled streetlight near the improved driveway apron, and a total of five additional street lights are proposed to be installed along the property frontage. The application includes Exception findings to address those areas of sidewalk that PA-T3-2019-00001 September 22, 2020 Page 14 .The applicant discusses specific sidewalk sections in terms of the station numbers on the civil drawings. Stations 1-16 (North of Land of Paws ): An 8-foot curbside sidewalk is proposed. The applicant explains that there is a large roadside ditch and private property belonging to Anderson Autobody which prevent standard parkrow installation, andfurther notes that this curbside sidewalk will connect to thecurbside sidewalk to the northof the subject properties. Stations 16-23: A 3-foot bike buffer, 6-foot bike lane, 7-½ foot parkrow, and 6-foot sidewalk are proposed along this section of the property frontage. Stations 23-27: A bus turn-out lane, bus stop and 8-foot curbside sidewalk are proposed along this section of the property frontage.The parkrow here has been displaced by the proposed busturn- out lane. Station 27-34: A 3-foot bike buffer, 6-foot bike lane, and curbside sidewalk are proposed. The applicant explainsthat this section is physically constrained by a steep roadside embankment and by the existing railroad trestle, and submittal materials have shown the sidewalk at varying widths in this area, however ODOT has indicated that a 6-foot sidewalk in the minimum acceptable width under the railroad trestle. Station 34 Schofield/North Main: A 6-foot bike lane, 7½ -foot parkrow and 6-foot sidewalk are proposed in this section. Speed reduction The Planning Commission notes that the applicant has suggested that with a change in roadside culture through annexation and the introduction of higher density residential development, driving habits on the corridor may change. They further suggest that after improvements are made, a formal speed study to seek a reduction in highway speeds could be undertaken and if speeds are ultimately reduced and pedestrian volumes increase, marked crossings could potentially be approved by the Oregon Department of Transportation (ODOT). The Planning Commission finds that ODOT has jurisdiction on this section of state highway with regard to issues including highway markings for pedestrian crossings and speed limits. A request to initiate a speed study will ultimately need to come from the City, and Planning and Engineering staff have indicated that preliminary discussions withODOTstaffhavebegunandtheyareopentoconductingaspeedstudy, whichhasnotbeendoneforthiscorridorsincethelanereconfigurationcompletedafew yearsago.ThePlanningCommissionrecommendsthatwithanyannexationapprovalhere,theCity CouncildirectstafftoworkwithODOTtoinitiateaspeedstudyandthatthecitystronglyadvocatefora speedreductiontomakethecorridoramorepedestrian,bicycleandtransitfriendlyfacility. The Planning Commission notes that ODOThas indicated that the TIA is satisfactory, that the bus lane is satisfactory with a slight adjustment to its taper, and that they support a median cut to provide a pedestrian refuge at North Main Street and pedestrian crossing signage. ODOT has further indicated that they are satisfied with bicycle and pedestrian facilities as proposed, emphasizing the need for at least a six-foot sidewalk under the trestle; and that ODOT permits will be required to complete improvements. ODOT has also noted that they will need to review and approve final storm-drainage engineering at Site Review since storm drainage is to outflow into a ditch in the ODOT right-of-way. PA-T3-2019-00001 September 22, 2020 Page 15 Transit Transportation For transit transportation, the criterion is that,should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus turn-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. Southbound RVTD Bus Stop The Planning Commissionfinds that the applicant has workedwithRogue Valley Transportation District (RVTD), the RVTD Bus Stop Committee and the Oregon Department of Transportation (ODOT)to provide design details for a new soutoinclude abus turn-outlane,busshelter with lighting, sidewalk, accessible loading pad and accessible route to the site, any necessary retaining, and a merge lane for the bus to re-enter the travel lane at an appropriate turn-out lane, shelter and street light placement, and a proposed walkway connecting from the shelter onto the project site. Northbound RVTD Bus Stops ThePlanning Commission finds that thewithin 1,800- 2,000feet of the property, with one near the intersection of North Main Street and Highway 99N and the other near Valley View and Highway 99N. The applicant has explored the potential for enhancing crossingsin these locations, but indicates that ODOT has determined that new striping, rectangular rapid observed traffic speeds, traffic volumes, sight and stopping distances when weighed against the anticipated number of pedestrians. The applicant further indicates that ODOT does support a median refuge at the intersection of North Main and nage. The Planning Commission concludes that the subject property iswithin aTransit Supportive Area in the -oftransit stops, which typically equates to a five-minute walk at a normal pace, and that the applicant is providing a new southbound stop to support transit use by future residents of the property. Transportation Conclusions In considering annexations, the approval criteria call for all streets within the annexed area to be fully improved to city street standards, and all adjacent streets to be improved to at least a ½-street standard. The application as proposed does not meet these street standards. In the area to be annex immediate frontage is proposed with city standard improvements except where the sidewalk must be pushed to curbside to accommodate the installation of a bus pull-out lane associated with a new southbound bus stop. On Highway 99N adjacent to the area to be annexed, the applicant proposes approximately 0.63 miles of new sidewalk to connect to existing sidewalks to the north and south, but due to physical constraints in the form of roadside ditches and limited right-of-way city standard park row planting strips with street trees cannot be installed. The application includes justification for an Exception to the Street Standards, and while the applicant has demonstrated that an Exception is merited such a request isnotconsidered independently of aformal development proposal for the site. PA-T3-2019-00001 September 22, 2020 Page 16 The proposal includesthe installation of roughly 3,340 linear feet or 0.63 miles -of sidewalk connecting from the existing sidewalk terminus near El Tapatio restaurant south into the city limitsto the existing sidewalk at Schofield Street; the installation of a new bus stop with pull-out and merging lane; and improvements to the crossing from North Main Street across Highway 99N to the northbound RVTD flag stop to include an improved median refuge and pedestrian crossing signage. In considering the adequacy of the proposed transportation facilities, thePlanning Commission notes that the Transportation Commission had expressed concerns with pedestrians headed to the northbound bus route and cyclists turning north on the highway without additional crossing improvements or a speed reduction. In the raised similar concerns. For the Planning Commission, the applicant has done what they can to provide adequate transportation within the constraints of thestate highway. Staff have indicated that ODOT is open to a speed study to determine whether a reductiony should be initiated by the city with annexation in conjunction with strong advocacy for a speed reduction from Valley View to the existing city limits. Minimum Density The Planning Commission notes that for all residential annexations, a plan is required to be provided to demonstratethat the development of the entire property will ultimately occur at a minimum density of 90 percent of the base density for the zone, unless reductions in the total number ofunits is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The code further provides that for purposes of computing density, portions of the annexed area containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes greater than 35 percent, shall not be included.To ensure compliance with this requirement, the code also requires that the owner sign an agreement for recording with the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. The Planning Commission finds that after excluding undevelopable areas due to significant natural features and physical constraints posed by slopes exceeding35 percent, the riparian drainage area, and the wetland area and its buffer zone, the developable area of the property is 13.75 acres. For the proposed R- 2 zoning, the base density for 13.75 acres is 185.625 dwelling units and the minimum density is 167 dwelling units (13.75 acres x 13.5 dwelling units/acre = 185.625 dwelling units x 0.90 minimum density = 167.0625 dwelling units). The application notes that the property owner will sign an agreement with annexation that future development will occur in accord with this minimum density, and the applicant has provided a conceptual development plan including building designs, site lay-out and findings to demonstrate how this could be achieved on site. Affordability Requirement The Planning Commission notes that annexations are required to demonstrate that they will meet the affordability requirements set forth in AMC 18.5.8.050.G., which generally requires that the total number ofunitsshallequalorexceed25percentofthebasedensityof the subject property. Theapplication explainsthat the project is proposed as rental units and that the affordable rental units will be restricted to 60 percent of the area median income (AMI) as provided in AMC 18.5.8.080.G.1. At this level, each rental unit provided counts as 1.5 units for the purposes of meeting the standard, and the applicant explains that these typeunits will be provided with the future Site Design Review for multi-family development of PA-T3-2019-00001 September 22, 2020 Page 17 the property. The affordable units are to be evenly dispersed through the development and will be of a comparable bedroom mix to the market rate units, and it is anticipated that 12 of the future buildings would contain two units each while two of the future buildings would contain three units eachfor a total of 30 affordable units. The applicant notes that they envisionthe future development to consist of 28 two bedroom units and 168 one bedroom units of around 500 square feet in area. The Planning Commission further notes that AMC 18.5.8.050.G.1requires thatThe total number of affordable units provided to qualifying buyers, or to qualifying renters, shall be equal to or exceed 25 percent of the base densityas calculated using the unit equivalency values set forth hereinAs proposed, theapplicant proposesto exclude lands constrained by hillside slopes, water resource protection zones for streams or wetlands, and lands with significant natural features, arguing that both state and city regulations do not consider these to be buildable lands, and that similar exclusions have been allowed in past applications. The Planning Commission finds that while there is a provision which allows for the exclusion of constrained lands (hillsides, water resource protection zones for streams and wetlands, and lands with significant natural features)when calculating theminimum density of a property, the ordinance currently has no similar provision to exclude these lands from the base density when calculating the required number ofaffordable units for annexation. The Planning Commission finds that to comply with the ordinance as written, the number of affordable units required with annexation of the property would need to be increased to account for the full base density of the subject properties. The R-2 subject properties here have a based density of 13.5dwelling units per acre, which for this 16.87 acre property equates to a 227.75dwelling unit base density and would require 56affordable dwellingunits, or 37units offered at 60 percent of area median income,rather than the 30 affordable dwelling units discussed in the application. While the proposal, in excluding constrained lands from their affordability calculations, does not strictly comply with AMC 18.5.8.050.G, the reasonable, and the Council has the option to use its legislative discretion toallow theexclusion ofthe constrained lands. Five-Year Supply ThePlanning Commission notes that the final annexation criterion is that one or more of the standards in AMC 18.5.8.050.H. are met. Of these, the applicable standard addressed with the current proposal is a demonstration that there is less than a five-year supply of vacant and re-developable land in the proposed land use classification within the current city limits. The applicant has provided detail based on city data which notes there is a 4.8-year supply of available Multi-Family Residential land combined between the R-2 and R-3 zones. The Planning Commission finds that the area is envisioned and proposed for annexation as Multi-Family Residential, and based on city data in the Housing Element and Buildable Lands Inventory there is less than a five-year supply of available Multi-Family Residential zoned land. 2.4The Planning Commission notes that the application submittal includes written findings responding to AMC 18.5.9.020 to address a Zoning Map Amendment for the zone change from the current County zoning of RR-5 (Rural Residential) to-2 (Low Density, Multi-Family Residential) The Planning Commission finds that annexation of the propertyinto the city with zoning corresponding to the PA-T3-2019-00001 September 22, 2020 Page 18 Comprehensive Plan designation does not necessitate a Zoning Map Amendment and is necessary for Annexation to occur. 2.5 The Planning Commission finds that while neither Outline Plan subdivision nor Site Design Review approvals for development of the property are requested here, the application includes conceptual details for the future phased development of 196 apartments (One- and Two-Bedrooms, ranging from 480- 701 square feet) in 14 two-story buildings with building placement and site and building designs to address Site Review criteria to address the requirement that the application include a plan demonstrating that with annexation, the property will develop to at least 90 percent of the base density. A deed restriction will be recorded on the property to require that it be developed to the minimum density. The Planning Commission finds that the site plan details presented for future development here are conceptual, and that Site Review approval for development of the property is not being considered at this time. Outline Plan subdivision, Site Design Review and any other necessary land use approvals will need to be obtained before the site can be developed, subsequent to Annexation approval. 2.6 The Planning Commission finds that while the site has a generally consistent grade and is moderately sloped with an approximate ten- to 15-percent slope from southeast to northwest, the western half of Tax Lot #1700, west of the existing residence, consists of large terraces with areas of steep slopes between and a substantial amount of this lot has slopes in excess of 35 percent which, by city codes, would which are unbuildable. The Planning Commission further finds that there is a riparian land drainage identified as a tributary of Bear Creek at the north end of Tax Lot #1700, and that two wetlands have been identified on the subject properties. One is only 60-square feet and is located at the base of a small depression northwest of the existing single family residence on Tax Lot #1700. The other is larger at approximately 4,606 square feet in area and located on Tax Lot #1702. The Planning Commission has included recommended conditions below which would require that the applicant provide evidence of concurrence from the Oregon Department of State Lands (DSL) with the wetland delineation prior to a development application for the site, and that the properties be included in the Wildfire Lands, Physical & Environmental Constraints Hillside Lands and Severe Constraints, and Water Resource Protection Zones maps and associated overlays in order to fully incorporate land-use based protection of the subject propert and subsequent development. SECTION 3. DECISION annexation of two parcels totaling 16.87 acres with a current 3.1 The application includes a request for the zoning of Jackson County RR-5 (Rural Residential) and a proposed zoning of City of Ashland R-2 (Low Density, Multi-Family Residential) for the properties located at 1511 Highway 99 North. The annexation is to include adjacent railroad property and state highway right-of-way added by the Staff Advisor for a more orderly and logical boundary. The application includes conceptual details for the future phased development of 196 apartments in 14 two-story buildings. Outline Plan subdivision and Site Design PA-T3-2019-00001 September 22, 2020 Page 19 Review development approvals are not requested at this time, but would be applied for subsequent to annexation approval. The application includes a request for an Exception to Street Standards to deviate from city standard parkrow and sidewalk improvements in response to constraints of right-of-way width and existing encroachments, although such Exceptions are not considered independent of a development proposal. The subject properties pose a number of challenges to development: there are significant road cuts, large areas of unimproved right-of-way along the frontage, and established commercial uses between the highway and the subject properties, all of which pose barriers for access and improvements; there are limited utility or transportation facilities currently in place; and railroad right-of-way restricts connectivity between the property and contiguous areas of the city. Site topography, wetlands, a stream corridor and -foot wide easement. However, for the Commission, the key challenge is in safely accommodating the multi-modal transportation needs of future residents along a state highway where the posted speeds, traffic and pedestrian volumes, and limited sight distances complicate multi-modal improvements such as marked or signalized crossings, particularly for those needing to cross the highway by bicycle heading north or on foot to access the northbound bus route. The Planning Commission concludes that after the applicants efforts in working with the City, Rogue Valley Sewer Services, Rogue Valley Transportation District, Oregon Department of Transportation, Talent Irrigation District and the Bureau of Reclamation to address these challenges in extending utilities and installing 0.63 miles of new sidewalks and a new bus stop with pull-out lane to provide much needed rental housing along a transit route, the proposal merits approval, however with that recommendation the Commission also recommends that the city work with the Oregon Department of Transportation to conduct a speed study and strongly advocate for a reduction in speeds on Highway 99N from Valley View south the existing city limits. Therefore, based on our overall conclusions, the Planning Commission recommends that the City Council approve the requested annexation subject to each of the conditions below. 1)That all proposals of the applicants shall be conditions of approval unless otherwise modified herein. 2)That prior to any work within the right-of-way: a.A final utility plan for the project shall be submitted for review and approval by the Planning, Public Works/Engineering, Electric, and Building Divisions; Oregon Department of Transportation; and Rogue Valley Sewer Services. 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 meters or fire protection vaults shall be placed outside of the pedestrian corridor, and necessary public utility easements on the property shall be shown in the future Site Design Review application. PA-T3-2019-00001 September 22, 2020 Page 20 b.The applicant shall submit a final electric plan including any necessary load calculations and locations of all primary and secondary services including transformers, cabinets, streetlights and all other necessary equipment. With annexation, the property will no municipal electric utility and the necessary services to make this transition will need to be proved by the Planning, Engineering and Electric Departments prior installation. Transformers and cabinets shall be located outside of the pedestrian corridor, and in those areas least visible from the street while considering the access needs of the Electric Department. c. Highway 99N frontage, from the existing terminus of the sidewalk south of the site near Schofield Street to the existing terminus of the sidewalk north of the site near El Tapatio restaurant shall be provided for review and approval by the Oregon Department of any work within the street right-of-way or pedestrian corridor. The required improvements generally consist of: Stations 1-16 (North of Land of Paws: i.) An 8-foot curbside sidewalk. There is a large roadside ditch and private property belonging to Anderson Autobody which prevent parkrow installation, and this curbside sidewalk will connect to existing curbside sidewalk to the north. Stations 16-23: ii. A 3-foot bike buffer, 6-foot bike lane, 7-½ foot parkrow, and 6- foot sidewalk along this section of the property frontage. Stations 23-27: iii.A bus pull-out lane, bus stop and 8-foot curbside sidewalk are proposed along this section of the property frontage.Parkrow here has been removed to accommodate the bus pull-out lane, and the final design shall reflect taper adjustments required by ODOT. Station 27-34: iv. A 3-foot bike buffer, 6-foot bike lane, and 6-foot curbside sidewalk are proposed. This section is physically constrained by a steep roadside embankment and by the railroad trestle. Station 34 Schofield/North Main: v.A 6-foot bike lane, 7½ -foot parkrow and 6- foot sidewalk are proposed in this section. In addition, the final civil drawings shall include modifications to the existing medians to create a median refuge for flag stop near the intersection of Highway 99 North and North Main Street. vi.Private sidewalks would also be extended into the subject properties along the driveway with ultimate development of the site. PA-T3-2019-00001 September 22, 2020 Page 21 vii.Re-striping of Highway 99N to provide a left-turn lane into the property as The final engineered designs shall include details of the transition from the existing sidewalks, and any additional right-of-way necessary to accommodate these improvements shall be provided through a right-of-way dedication if deemed necessary by the Public Works/Engineering Department. d.The applicants shall obtain any necessary permit approvals from ODOT, ODOT Rail & CORP Rail. The applicants shall provide evidence of permit approval, including copies of all approved plans, for all work to be done within ODOT right-of-way prior to the commencement of work. e.The applicants shall also obtain any necessary plan and permit approvals from the City of Ashland Public Works Department/Engineering Division. The applicants shall obtain all required Public Works inspection approvals for work completed within the right-of-way. f.That the applicant shall obtain any necessary permits or approvals from the Bureau of Reclamation (BOR) and/or Talent Irrigation District (TID) for any work within the easement. 3)That the applicants shall obtain required land use approvals including but not limited to Outline Plan subdivision and Site Design Review approvals, as applicable, as well as any necessary federal or state approvals necessary, for development of the property. The current approval is limited to the utility infrastructure and frontage improvements associated with Annexation, with site development to be addressed subsequently. 4)That prior to final approval and annexation of the property, the applicant shall provide: a.A final revised boundary description and map of the properties to be included in the annexation prepared by a registered land surveyor in accordance with ORS 308.255, to include the adjacent Highway 99N right-of-way and the adjacent railroad property. The boundary shall be surveyed and monumented as required by statute subsequent to City Council approval of the proposed annexation. b.A final, signed irrevocable consent to annexation as required in AMC 18.5.8.020.A. c.A final signed agreement to deposit an amount sufficient to retire any outstanding indebtedness of special districts defined in ORS 222.510 as required in AMC 18.5.8.020.B. d.A deed restriction agreement ensuring that any future development will occur in accord in the development plan, as required in AMC 18.5.8.050.F. PA-T3-2019-00001 September 22, 2020 Page 22 e.A deed restriction agreement that development of the property shall comply with the affordability requirements described herein, and that future development of the site shall address these affordability requirements at Site Design Review, including but notlimited to the affordability levels, number of affordable units, and how the applicant will qualify potential renters and provide annual reporting to the city to verify compliance with these requirements. 5)That prior to the submittal of the Outline Plan subdivision or Site Design Review applications, the applicants shall obtain and provide evidence of concurrence from the Division of State Lands (DSL) for a wetland delineation. 6)That with annexation, the Wildfire Lands, Physical & Environmental Constraints-Hillside Lands and Severe Constraints, and Water Resource Protection Zones maps and associated overlays shall be property shall be subject to regulation under these overlays. 7)That prior to the issuance of the first certificate of occupancy on the property, all utility and transportation infrastructure including the proposed transit facilities shall be installed according to the approved plans, inspected, and approvedby the Staff Advisor. September, 2020 Planning Commission ApprovalDate PA-T3-2019-00001 September 22, 2020 Page 23 TYPE II PUBLIC HEARING CONTD. _________________________________ PA-APPEAL-2020-00011 (appealing PA-T1-2020-00109) 345 ClintonStreet Memo DATE: September 8, 2020 TO: Planning Commissioners FROM: Derek Severson, Senior Planner RE: Open Record Submittals for 345 Clinton Appeal The only item received during the open record period for the 345 Clinton Street appeal was the attached th e-mail from the appellant requesting a 30-day continuance received on August 13. materials on this item from last month on hand for deliberations. Department of Community Development Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us Sf;!Bvhvtu!22!QD!Ifbsjoh!Uftujnpoz Fsjd!Fmfsbui!=ffmfsbuiAwfsj{po/ofu? 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