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HomeMy WebLinkAbout2021-04-13 Planning PACKET ASHLAND PLANNING COMMISSION REGULAR MEETING April 13, 2021 AGENDA I. CALL TO ORDER: 7:00 PM II. ANNOUNCEMENTS III. CONSENT AGENDA A. Approval of Minutes 1. March 9, 2021 Regular Meeting. 2. March 23, 2021 Special Meeting IV.UNFINISHED BUSINESS A. Approval of Findings for PA-T2-2020-00025, Tax Lot #600 on the newly constructed Independent Way V. PUBLIC FORUM VI.TYPE II PUBLIC HEARINGS A. PLANNING ACTION: PA-T1-2021-00141 SUBJECT PROPERTY: 599 East Main Street APPLICANT/OWNER: Rogue Planning & Development Services, LLC for Livni Family Trust (Gil Livni, ) Trustee DESCRIPTION: A request for Site Design Review approval to modify the existing building at 599 East Main Street including converting the former church to use as office/assembly space and adding a new entry. The application also includes requests for a Conditional Use Permit as it involves the alteration of an existing non-conforming development where no off-street parking is available, and Street Tree Removal Permits to remove and replace two Callery Pear street trees (10.2-inch & 12.7-inch DBH) in the park row planting strip along East Main Street. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; MAP: 39 1E 09AC; TAX LOT #: 7600 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 REGULAR MEETING MINUTES- Draft March 9, 2021 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 Haywood Norton April Lucas, Development Services Coordinator Roger Pearce Brandon Goldman, Senior Planner Lynn Thompson Lisa Verner Absent Members: Council Liaison: Kerr KenCairn recused Paula Hatt y()y II. ANNOUNCEMENTS Community Development Director Bill Molnar issued the following announcements: City Councilor Paula Hyatt, current liaison to the Planning Commission, was introduced to the group. Ms. Hyatt shared that she will be streaming the live meeting videos but will not be attending virtual meetings when quasi- judicial hearings are scheduled. The March 23, 2021 Planning Commission meeting will include a presentation of the draft Housing Capacity Analysis. The Independence Way planning action for IPCO Development Corporation has requested that the Planning Commission postpone the adoption of findings. They are exploring possible changes to the building footprints and may return to the commission with revisions. Mr. Severson provided a brief update on the LUBA appeal for 1511 Highway 99 North/Kendrick Enterprise. III. CONSENT AGENDA A.Approval of Minutes 1.February 9, 2021 Regular Meeting. Commissioners Dawkins/Verner m/s to approve the minutes of February 9, 2021. Voice Vote: all AYES. Motion passed 6-0. IV. PUBLIC FORUM – None V. TYPE II PUBLIC HEARINGS A.PLANNING ACTION: PA-T2-2020-00026 SUBJECT PROPERTY: Mountain Meadows Drive & Skylark Place APPLICANT/OWNER: Rogue Planning & Development Services, LLC for Hunter & Madeline Hill (owners, TL #234) Mountain Meadows Owners Association (owners, TL.#88000) DESCRIPTION: A request for Outline and Final Plan approvals for a ten lot subdivision under the Performance Standards Options Chapter (AMC 18.3.9), and Site Design Review approval for an eight-unit multi-family senior housing development for the vacant parcel (Tax Lot #234) at the southeast corner of Mountain Meadows Drive and Skylark Place. The application also includes a request for an Exception to the Street Standards to allow the applicant to provide curbside sidewalks on their property, adjacent to the right-of-way, and to provide head-in on- Ashland Planning Commission March 9, 2021 Page 1 of 7 street parking that is partly within the right-of-way and partly on the adjacent private property along Skylark Place; and a request for Solar Access Exceptions to allow the proposed Units #3 & #7 to shade the south walls of Units #2 & #6 greater than the shadow that would be cast by a six-foot fence on the property line. (An associated request for a Property Line Adjustment between the subject property and the Mountain Meadows Parkside Condominiums property (Tax Lot #88000) on Golden Aspen Place immediately to the south has been approved ministerially.) COMPREHENSIVE PLAN DESIGNATION: Healthcare; ZONING: HC; MAP: 39 1E 04AD; TAX LOT #: 234 and 88000. Chair Norton read aloud the rules for electronic public hearings. Ex Parte Contact Commissioners Dawkins, Verner, and Norton conducted site visits. No ex parte contact was reported. Staff Report Senior Planner Derek Severson presented the staff report and explained the application is for: Outline and Final Plan approvals for a 10-lot subdivision under the Performance Standards Options chapter; Site Design Review of an 8-unit multi-family senior housing development; An exception to the Street Standards to allow the applicant to provide curbside sidewalks on their property, adjacent to the right of way, and to provide head-in on-street parking that is partly within the right of way and partly on the adjacent private property along Skylark Place; and Solar Access Exceptions to allow proposed units #3 and #7 to shade the south walls of units #2 and #6 greater than the shadow that would be cast by a 6 ft. fence on the property line. Mr. Severson reviewed the aerial map of the site and noted the location of the clubhouse and head-in parking occurring on the site. He also reviewed the 1995 Mountain Meadows Community Master Plan; the proposed site plan for the new units; the proposed lot configuration; the planting plan; the grading and utility plans; the unit elevations; and the floor plans. Mr. Severson elaborated on the parking for the area and stated the proposed site has been used for head-in parking due to its proximity to the clubhouse. He stated Mountain Meadows is a 55+ retirement community and some residents have mobility challenges and need to drive to the clubhouse. He explained the clubhouse does have parking, but the demand is high and additional parking is needed. He stated the applicants are requesting an exception to the parking standards to provide head- in parking to residents that are unable to walk to the clubhouse. Mr. Severson noted this is the final phase in this development and is the last opportunity for them to provide centralized parking. Mr. Severson reviewed the solar access exception request and explained due to the grade changes and narrow north-south lot configurations, it would be difficult to shift the unit footprints to comply with the solar requirements. He noted rooftop solar access will be maintained for all units. Mr. Severson concluded his presentation and stated staff is supportive of approving the application. Questions of Staff Commissioner Harper questioned the parking layout and stated it seems unusual to have parking that is partially in the right of way and partially on private property. Mr. Severson stated the Public Works Department has reviewed this request and did not raise any issues. He added the Mountain Meadows Owners Association would be responsible for maintaining the parking, sidewalk, and landscaping proposed on their property. Commissioner Norton noted that Skylark Drive dead-ends and asked if the road would ever be extended. Mr. Severson stated it is doubtful that it would be extended since it butts ups to the city limits and confirmed that the only traffic on this section of roadway would be associated with this development. Ashland Planning Commission March 9, 2021 Page 2 of 7 Commissioner Harper requested clarification on the street design exception. Mr. Severson stated the applicants are requesting to not have a standard parkrow and to install head-in parking. Typically, you would have parallel parking in street bays, or in some cases angled parking. Mr. Molnar noted the street design standards can be found in AMC 18.4.6.040. Applicant’s Presentation: Amy Gunter/Rogue Planning & Development Services/Introduced the project team: Madeline Hill, Mountain Hill Estates Owner; project architect Bruce Richey, Oregon Architecture; project manager Steve Ennis; and civil engineer Mark Dew. Ms. Gunter provided a presentation and explained Mountain Meadows is a planned senior living community within the city’s Healthcare Services Overlay. In June 1995, the City Council approved the community plan which provides a variety of uses and development types, including attached, detached, and multi-unit residential dwellings, mixed use structures, activity centers, a large community park, and smaller pocket parks all within a senior resident oriented development. She added all of the units are designed with universal housing standards in mind. Ms. Gunter stated the property is a vacant parcel bound by Skylark Place and Mountain Meadows Dr. She noted the city limits and Urban Growth Boundary are along the east property line, there is 7 ft. of elevation change from west to east, and the property has a 12 ft. rise rom the intersection of Mountain Meadows Dr. along Skylark Place. Ms. Gunter explained the proposal is to develop the approximately .8-acre parcel with an 8-unit, 10-lot single family residences using the Performance Standards Option. The units would be sold individually as owner occupied residences and each unit will be a member of the Mountain Meadows Owners Association. Ms. Gunter commented on the street development pattern and stated this phase of development would be consistent with the pattern found throughout the Mountain Meadows Community. She explained both Mountain Meadows Dr. and Skylark Pl. have a 41 ft. right of ways. She stated the proposed improvements would add a landscaped park row, 5 ft. sidewalks, and a parking bay for the on-street parallel parking spaces along Mountain Meadows. She stated Skylark Pl. is a dedicated public street that terminates into the adjacent property to the east and serves as the access to the parking garage for the Golden Aspen condo building. She stated Skylark Pl. is proposed to be improved with 16 head-in parking spaces, including one ADA space and a 5’6” sidewalk. The only improvements within the public right-of-way would be the landscape islands and a portion of the head-in parking spaces. She added the street pattern within this community was designed specifically for mobility challenged individuals, with accessible parking in close proximity to the uses it is intended to serve. Ms. Gunter stated there are four parallel parking spaces along the Mountain Meadows Dr. frontage, and under the Performance Standards Subdivision there could be four parallel spaces along the Skylark frontage, however this would not provide what is needed by the community or provide excess parking for users who live further away from the community buildings and park areas. Ms. Gunter stated the standards allow for exceptions due to unique and unusual circumstances and believes the use, coupled with the grading issues of the site, meets the requirements to grant the exception. Ms. Gunter commented on the solar setbacks and stated the exception requested will impact the passive solar on one exterior wall of two of the eight residences, however the rooftop solar access will not be affected. She explained the alternative to requesting the exception would be to step the structures, sidewalks, or steepen driveways and sidewalks to reduce the height of the structure for solar purposes, but retaining finished grades at no more than 2.5%-3% is critical for senior housing development and this is a unique component to this development. Ms. Gunter concluded her presentation and stated the proposal and requested exceptions meet the standards. They believe the commission can support the exception requests with findings based on the Housing Element of the Comprehensive Plan and within the purpose and intent of the Site Development Standards. Bruce Richey/Oregon Architecture/Addressed the commission and stated the design of this lot was impacted by the existing street elevations as well as the 12 ft. elevation change across the property. He stated getting the drainage to work property and providing easy access to the units steered how they ended up with this design configuration. He added providing a design that worked well for senior living was a top criteria. Madeline Hill/Mountain Hill Estates Owner/Stated they did not want to ask for the exceptions but believes this is the best thing to do. She added the head-in parking along Skylark is already there and is working well. Ashland Planning Commission March 9, 2021 Page 3 of 7 Questions of the Applicant: Commissioner Thompson asked if the solar exception for Unit 7 would be needed if it were not 2 stories. Mr. Richey responded that they would still need the exception if it were a single story. Ms. Hill noted the second story serves like an ARU for adult children who are assisting their aging parents. Steve Ennis commented that due to adult care givers, there is a tremendous need for additional parking at this development. He added this lot has been used for nearly 20 years as an unofficial parking lot and there is a strong need for additional parking in the development. Public Testimony: Lee Bowman/Stated the parking demand is high and since this is the final phase in this development, they know what the demand is, and this is not a hypothetical situation. He stated parallel parking along Skylark Place would make it difficult for cars to get out of there. He stated right angle parking is strongly preferred by senior drivers and they will not have to go down to the end of the road and turn around in order to exit the area like they would with parallel spaces. Richard Kinsinger/Stated he has participated in the task force appointed by the homeowner’s association to work with Madeline Hill and Steve Ennis on the design. He stated the task force is in full support of what has been presented. Robert Tower/Stated he has served as president of the Mountain Meadows Owners Association for the last 4 years and the topic he routinely hears is parking and the lack of parking availability in the evenings, especially when going to the clubhouse for meals. He stated he wholeheartedly endorses the application as presented. Chair Norton closed the record and public hearing at 8:15 p.m. Deliberations & Decision: Commissioner Harper requested clarification from staff regarding the dead-end street, and stated the standards require a turnaround at the end. Mr. Severson clarified there is a driveway into the parking structure at the southeast of the site that functions as a turnaround, however it is a 3-point turn. He added this an existing configuration, so this standard does not apply to this proposal. Commissioner Thompson stated she is sympathetic for need for additional parking and this is a very practical thing to be considering, however she is struggling with the language for the exception which requires demonstrable difficulty. Commissioner Pearce commented that the difficulty is the use itself, which is unique. He stated they have a lot of caretakers coming in and out and there is a lot of traffic than an ordinary residential development probably wouldn’t have. Mr. Severson agreed and stated the difficultly is in meeting the needs of the use, which is unique. Commissioner Pearce noted this is the final part of their master plan and installing parallel parking along here does not serve the intent of the master plan and the parking will work better as proposed. He added he is encouraged that the Public Works Dept. is fine with this as well. Commissioner Harper added the dead-end configuration would make parallel parking more difficult. Regarding the solar issue, Commissioner Pearce stated he was persuaded by the existing grade argument and noted the need for the site to be level for wheelchair accessibility. Commissioner Verner stated the homeowners would still be able to install solar panels on the roofs and they are not obstructed. Commissioners Pearce/Dawkins m/s to approve PA-T2-2020-00026 with the conditions proposed in the staff report. In particular, the commission believes the transportation exceptions are warranted because of the proposed use of the entire facility and the fact that it is on a dead-end street which would make parallel parking very difficult. DISCUSSION: Commissioner Dawkins voiced his support for the motion and believes the motion and discussion clarified the unique components of this application. Voice Vote: Commissioners Pearce, Dawkins, Verner, Thompson, Harper, and Norton, YES. Motion passed 6-0. Ashland Planning Commission March 9, 2021 Page 4 of 7 B.PLANNING ACTION: PA-T2-2021-00028 SUBJECT PROPERTY: 364 Walker Avenue (Walker Elementary School) APPLICANT/OWNER: HMK Company for the Ashland School District DESCRIPTION: The Planning Commission will conduct an initial public hearing to review details of the proposal and take public comments on a request for Site Design Review approval for a 22,450 square foot, single-story addition to Walker Elementary School at 364 Walker Avenue. As part of the proposal, the parking lot and drop-off lane would be relocated and expanded, with access to be taken via Hunter Court (the driveway serving Hunter Park) and a new courtyard would be created. The application also includes requests for a Conditional Use Permit to modify the School District’s Master Sign Permit Program (PA#2012-00899) to allow new signage for Walker Elementary School in conjunction with the proposed addition, and Tree Removal Permits to remove 20 trees. An existing 9,700 square foot classroom will be demolished in conjunction with the proposal. No final decision will be made at this initial public hearing; the item will come back to the Planning Commission for a decision at the April 13, 2021 meeting. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 39 1E 10; TAX LOT #: 3600. Chair Norton clarified this is the initial evidentiary hearing and no decision will be made tonight. Ex Parte Contact Commissioners Harper, Verner, and Norton conducted site visits. No ex parte contact was reported. Staff Report Senior Planner Derek Severson presented the staff report. He explained the request is for site design approval for a 22,450 sq.ft. single story addition and demolishing a 9,700 sq.ft. classroom building. As part of the proposal, the existing drop-off lane at the corner of Walker and Homes, and the parking lot off Homes Ave., are to be relocated and expanded with parent pick-up and drop-off access taken from Homes Ave. and Hunter Court. Mr. Severson stated the use of Hunter Court is key issue since this is not a dedicated street and is on Park’s property. The applicants are in discussions with the Parks Department, but permission to use Hunter Court has not yet been obtained. Mr. Severson stated no decision will be made on this application until the issues regarding the use of Hunter Court have been resolved. Mr. Severson reviewed the vicinity map, demolition plan, site plan, tree protection and removal plan, planting plan, and elevations. He also shared images of Homes Ave. and Hunter Court, and the applicant’s renderings of the proposed construction. Mr. Severson noted the packet materials include a memo from the Parks & Recreation Commission which details the issues surrounding the use of Hunter Court. He stated this application will likely come back to the commission in a different form at their April meeting once the outstanding issues have been resolved. Applicant’s Presentation: Amy Gunter/Rogue Planning & Development Services/Introduced the project team: Mike Freeman, HMK Company; Steve Mitzel, Ashland School District; Matthew Guthrie, BBT Architects; and Todd Powell, Powell Engineering Consulting. Ms. Gunter provided a presentation and explained the proposed changes to Walker Elementary School are in response to the outlined goals of the 2018 school improvement bond, which include: comprehensive renovations, the replacement of a classroom wing with new classrooms, climate resiliency, seismic retrofit, improved campus security including a new secure entrance, and respect for the historic character of the structure. Ms. Gunter stated the proposal is a result of many months of community collaboration and the proposed design, layout, and construction are consistent with the city’s Climate & Energy Action Plan. Ms. Gunter reviewed the site plan and stated the largest improvement proposed is a new 22,450 sq.ft. single-story classroom building. The new classroom wing will have general classrooms, a sensory classroom, a SPED dedicated Ashland Planning Commission March 9, 2021 Page 5 of 7 classroom area, new kindergarten classrooms with kinder-sized restrooms, and general activity spaces for small group breakout areas. She added an existing 9,700 sq.ft. classroom wing will be demolished as part of this proposal. Ms. Gunter commented on the removal and reconfiguration of the existing non-conforming parking area and explained the site plan included in the packet materials proposed to create a new vehicular access and proposed parking area off Hunter Court. Hunter Court is a private driveway that provides access to Hunter Park and the Daniel Meyer Pool, and the original proposal was to add a longer parent drop-off lane, on street parking bays, and a right turn lane from Hunter onto Homes. Following the meeting with the Parks Commission, the site plan has been modified to better address the driveway alignment issues, provide more tree protection in the parkrow, and address the Parks Commission’s concerns regarding bicycle and pedestrian circulation. Ms. Gunter stated the modified proposal retains the existing site access from Homes Avenue as the vehicular access to the Walker Elementary School campus. The two existing driveway approaches on Homes will be relocated to the east, away from the Walker/Homes intersection, and the driveways will provide access to a 66-vehicle parking lot. The driveway curb cut on Walker at the intersection will be removed. Ms. Gunter stated the proposal does not include sidewalks or dedicated bicycle lanes connected to the Ashland Central Bike Path. She commented on the financial concerns these improvements would cause and stated these improvements are beyond the scope of the project area and beyond the scope of the citizen approved bond. Matthew Guthrie/Commented that this is a demolition project and addition that would replace the existing classrooms in the east wing and relocate programs that are currently being held in the school’s basement to the main floor. Commissioner Harper questioned how the proposal will impact traffic on the surrounding neighborhood. Commissioner Pearce requested additional information on how access and student pick-ups/drop-offs will work. Public Input: Michael Black/Parks & Recreation Director/Thanked the applicants for looking at alternatives and proposing a modified design to address their concerns but requested clarification if the plan displayed tonight is what is now being considered. Mr. Black stated most of their issues go away if the school is no longer proposing access from Hunter Court and not using the storm drain, but stated it is still necessary to look at Hunter Court and how it functions currently. He explained parents often use Hunter Court to drop off their children and will park on the west side of the street next to the playing fields. He added this is not a public street but it does function as one. Mr. Black commented on the pedestrian safety issues and stated Hunter Court should be addressed. He stated sidewalks should go all the way down and there should be a connection to the bikepath without users having to cross driveways. Mr. Black encouraged the Planning Commission to look at the pedestrian accessibility and safety issues. He stated there is a lot of pedestrian traffic that is generated by the school and hopes this will be addressed. Mike Gardiner, Ashland Parks & Recreation Commissioner/Voiced his concurrence with the issues outlined by Mr. Black. Questions of the Applicant: Commissioner Norton asked the applicant if the plan displayed tonight is the plan they intend to move forward with. Mr. Gunter stated “yes”. She added access from Homes will be the final plan due to the street improvements that would be needed if access was taken from Hunter Court. She added because Hunter Court is not a public right of way this would cause future maintenance issues for the school district. Commissioner Harper questioned if the Parks Commission would consider limiting vehicular traffic on Hunter Court. Mr. Black responded that this would negatively impact the city’s Senior Center, which provides programs and services throughout the day. He stated a better solution would be to improve the cross section of the road to meet the criteria of the people who use it. He noted the bicycle and pedestrian traffic in area, as well as kids getting in and out of cars to go over to the school, and stated it makes sense to put a sidewalk along the school’s frontage on the west side of the street. Ashland Planning Commission March 9, 2021 Page 6 of 7 Commission Discussion: Commissioner Thompson noted the issues regarding pick-up and drop-off circulation. She stated in the current submission there is a lane that goes along the side of the parking area, and it is not clear whether this circulation path will be practical. She added they need a workable circulation pattern that minimizes the use of Hunter Court. Commissioner Harper agreed and stated he shares the same concerns. He stated he would be interested to hear some expertise on the pedestrian safety issue of students being dropped off in the parking lot. Commissioner Pearce commented that the school district had planned to utilize Hunter Court but due to the additional improvements that would need to be installed they have modified their plan. He stated it is not clear how the circulation, transportation, and curb cuts will work from the brief conceptual drawing the applicants shared tonight and they need clarify on how this will work and the utilities as well. Commissioner Verner requested the applicant’s provide additional details on the proposed signage. Mr. Molnar commented that this is the first time staff has seen the revised site plan and noted the need to route the proposal through the other city departments, including the Public Works Department and Fire Department. Commissioner Norton encouraged the school district to recontact the surrounding neighborhood and inform them of the changes. Commissioners Harper/Dawkins m/s to continue this hearing to the April 13, 2021 Planning Commission Meeting. Voice Vote: all AYES. Motion passed 6-0. VI. ADJOURNMENT Meeting adjourned at 9:30 p.m. Submitted by, April Lucas, Development Services Coordinator Ashland Planning Commission March 9, 2021 Page 7 of 7 OutlineandFinalPlanapprovalsforatenlotsubdivisionunderthePerformance AMC18.3.9 StandardsOptionsChapter(). SiteDesignReviewapprovalforaneight-unitmulti-familyseniorhousingdevelopment forthevacanttaxlot#234. ExceptiontotheStreetStandardstoallowtheapplicanttoprovidecurbsidesidewalkson theirproperty,adjacenttotheright-of-way,andtoprovidehead-inon-streetparkingthat ispartlywithintheright-of-wayandpartlyontheadjacentprivatepropertyalong SkylarkPlace. SolarAccessExceptionstoallowtheproposedUnits#3and#7toshadethesouthwalls ofUnits#2and#6greaterthantheshadowthatwouldbecastbyasix-footfenceonthe propertyline. MOUNTAIN MEADOWS FINAL PHASE SITE DESIGN REVIEW PERFORMANCE STANDARDS SUBDIVISION EXISTING SITE CONDITIONS GRADING PLAN LANDSCAPE PLAN OPEN SPACES STREET STANDARDS SOLAR SETBACKS EXISTING GRADE ON S SIDE OF UNIT 7 CONCLUSION SITE PLAN MODIFICATION TO ALIGN DRIVEWAYS SITE ACCESS ROUTES HOMES AVENUE DRIVEWAY EXISTING CONDITIONS PROPOSED ADDITION AREA SOUTH ELEVATION WEST ELEVATION NORTH ELEVATION EAST ELEVATION ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES March 23, 2021 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 Haywood Norton Brandon Goldman, Senior Planner Kerry KenCairn Derek Severson, Senior Planner Roger Pearce Dana Smith, Executive Assistant Lynn Thompson Lisa Verner Absent Members: Council Liaison: Alan Harper Paula Hyatt II. ANNOUNCEMENTS Community Development Director Bill Molnar issued the following announcements: The City Council approved moving forward with a zoning evaluation of commercial and employment lands to allow more housing. Building permits were pulled recently for the Columbia Care Center project at 1661 Ashland Street. There were possibly two public hearings scheduled for the commission meeting on April 13, 2021. III. CONSENT AGENDA A. Approval of Minutes February 23, 2021 Special Meeting. 1. Commissioner Dawkins/KenCairn m/s to approve the minutes of February 23, 2021. Voice Vote: all AYES. Motion passed. IV. PUBLIC FORUM - None V. UNFINISHED BUSINESS A. Approval of Findings for PA-T2-2020-00026, Mountain Meadows Drive & Skylark Place. Commissioner KenCairn recused herself from the item due to a conflict of interest. She was part of the project team. Ex Parte Contact Commissioner Dawkins, Norton, Pearce, Thompson, and Verner declared no ex parte contact on the matter. Commissioner Verner/Pearce m/s to approve the Findings for PA-T2-2020-00026. Commissioner KenCairn abstained Voice Vote: all AYES. Motion passed. due to a conflict of interest. Ashland Planning Commission March 23, 2021 Page 1 of 6 VI. TYPE II PUBLIC HEARING RE-OPENED A. PLANNING ACTION: PA-T2-2020-00025 SUBJECT PROPERTY: Tax Lot #600 on the newly constructed Independent Way APPLICANT/OWNER: Rogue Planning & Development Services/IPCO Development Corporation DESCRIPTION: The Planning Commission will re-open the public hearing to consider proposed modifications to a request for Site Design Review approval for the construction of two new commercial/industrial buildings on Tax Lot #600 adjacent to Independent Way, the newly installed public street between Washington Street and Tolman Creek Road. Both buildings would be part of the IPCO Development Corporation service building complex, and would share driveway accesses, parking areas and landscaped areas. The first building is proposed to be 9,919 square feet and would be constructed adjacent to Independent Way. The second proposed building would be 17,859 square feet and would be near the south property line. The application previously included a request for an Exception to the Site Development and Design Standards (AMC 18.4.2.040.B.3.a) which call for a ten- foot wide landscape buffer between the building and the street. Since the initial public hearing in February, the Exception request has been removed from the proposal and the Commission will revisit the application in light of this change. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E- Chair Norton explained why the Commission was reopening the public hearing. Commissioner Dawkins/KenCairn m/s to reopen the public hearing for PA-T2-2020-00025. DISCUSSION: Commissioner Pearce asked where the process was at in the 120-day period. Senior Planner Derek Severson Voice Vote: all AYES. Motion passed. had received a signed request from the applicant requesting a 60-day extension. Chair Norton reopened the public hearing for PA-T2-2020-00025. He read aloud the rules for electronic public hearings. Ex Parte Contact Commissions Dawkins declared no ex parte contact and no recent site visits. Commissioner Thompson, KenCairn and Verner had no ex parte contact on the matter. Commissioner Pearce had driven past the site and had no ex parte contact with the public. He did exchange emails with Mr. Molnar and Chair Norton regarding the procedural issue of reopening a public hearing. Chair Norton visited the site and exchanged emails with Commissioner Pearce and Mr. Molnar regarding procedures on reopening the hearing. He also emailed staff his concerns with parking. Staff Report Senior Planner Derek Severson provided a presentation (see attached). The applicant had revised their application. They would retain: Their request for Site Design Review approval to construct two new commercial/industrial buildings on Tax Lot #600 adjacent to Independent Way, the newly installed public street between Washington Street and Tolman Creek Road. o the south property line. o The applicant removed the following from their application: The application NO LONGER includes a request for an Exception to the Site Development and Design Standards (AMC 18.4.2.040.B.3.a) which call for a ten-foot wide landscape buffer between the building and the street. The applicant withdrew the Exception request and proposed the following modifications to their original request: The depth of Building #6 has been reduced by seven feet, with a commensurate reduction in building floor area of 1,000 square feet. The requisite ten-foot landscape buffer is now proposed between the building and the street. Staff supported the changes to the application and recommended approval. Ashland Planning Commission March 23, 2021 Page 2 of 6 Questions of Staff - None Amy Gunter/Rogue Planning and Development Services/ Following the last commission meeting, the building was reduced in size to accommodate the ten-foot landscape buffer. The proposal addressed parking for the new construction and retained required parking for associated development owned by the same property owners. It met landscaping and lot coverage requirements with adequate buffers for the riparian areas. Questions of the Applicant - None Public Testimony Chair Norton noted written testimony submitted by Craig Anderson. Ms. Gunter commented the revisions to the application spoke for themselves and the criteria was addressed. There was nothing to rebut in the letter submitted by Craig Anderson. Chair Norton closed the public hearing and the record. Deliberation and Decision Commissioner Thompson/Dawkins m/s to approve PA-T2-2020-00025 with the conditions noted. DISCUSSION: Commissioner KenCairn appreciated the applicants making the modifications to the application. Mr. Molnar addressed the written testimony received from Mr. Anderson. If the Commission approved the application, he wanted to ensure the findings reflected that the Commission did not find the points made by Mr. Anderson were not relevant because the reconsideration was not timely at this point. The reconsideration would need to be made seven days after the notice of decision was mailed. Commissioner Pearce added the decision was not final until the Commission officially passed the findings and the Chair signed them. In this situation, the Commission had not reached the final decision. Chair Norton would not support the motion. He did not have the evidence needed to decide on the three required findings. Commissioner Norton voiced his discomfort He read from the minutes from the Commission meeting February 23, 2021, with the parking layout between the two lots, even if it were done with easements, and requested this element be . He further expressed his discomfort regarding the shared parking and thought it could only be addressed with easements. The staff report and modified proposal from the applicant did not address parking concerns. Commissioner Pearce explained the applicant had satisfied parking on the site. He a He thought it could be done with a recorded covenant and did not think the Commission could require a permanent easement. Commissioner Thompson explained they would have to retain the eight parking spaces because they were needed. Mr. Severson confirmed that and showed a slide from the meeting on February 23, 2021 (see attached) that detailed the parking for the adjacent site. Commissioner Pearce suggested a condition that if the eight parking spaces required for the property next door were never used or might go away, the property owner must notify the City. Commissioner Pearce and Thompson provided examples where notifying the City would be required. Commissioner Pearce motioned to amend the motion and add a condition that if the parking spaces were not used, the owner was required to notify the City. Commissioner Thompson and Dawkins accepted the amendment. DISCUSSION: Chair Norton would have been more comfortable had there been on-street parking. Commissioner Pearce Roll explained Seattle allowed parking covenants that involved an easement and the owner notifying the City of changes. Call Vote on the Amended Motion: Commissioner Verner, Dawkins, Pearce, Thompson, and KenCairn, YES; Chair Norton, NO. Motion passed 5-1. Ashland Planning Commission March 23, 2021 Page 3 of 6 Roll Call Vote on the Main Motion as Amended: Commissioner Thompson, Pearce, Verner, KenCairn, and Dawkins, YES; Chair Norton, NO. Motion passed 5-1. B. Approval of Findings for PA-T2-2020-00025, Tax Lot #600 on Independent Way. The Commission decided to move the item to the meeting on April 13, 2021. VII. DISCUSSION ITEM A. Presentation and review of the draft Housing Capacity Analysis including Buildable Lands Inventory, Housing Forecasts, and Housing Strategies as presented by EcoNorthwest Senior Planner Brandon Goldman provided background on the Housing Capacity Analysis and introduced Beth Goodman from ECONorthwest. Ms. Goodman provided a presentation (see attached): Agenda Project Schedule Residential Land Needs Analysis Results Land Sufficiency Results 2021-2041 (Scenario 2) Mr. Goldman responded to a question about housing capacity in the Normal Neighborhood. It was listed in the presentation because Normal Neighborhood was a specific comprehensive plan designation. It was in several sub zones that when annexed into the city, would come in as suburban residential, multi-family residential and low-density residential. For the housing capacity analysis, they did not take into consideration the 10 acres of R-2 zoned land and left them in the Normal Neighborhood. Alternately, there was not R-3 zoning in the Normal Neighborhood. Density was 13.5 units per acre, not 20 units per acre. The Railroad property was zoned E-1 in the Building Lands Inventory (BLI). It was included in commercial and employment in terms of capacity. Even though a commercial area in the E-1 Zone could accommodate 15 residential units per acre, the BLI deflated residential units to only 50% of commercial lands that could have housing. Ms. Goodman added the city had only a 15-dwelling surplus in high density residential. There were 49 acres of surplus in the Croman Mill Site and 389 dwelling units of surplus in commercial and employment areas. Actions Components of this Project Factors that Influence Housing Development Housing Market Dynamics Strategic Priorities Next Steps Factors that Influence Housing Development Housing Market Dynamics Affordability M Strategic Priorities ECONorthwest Memorandum Summary of Options Ms. Goodman reviewed the strategic priorities and actions with the Commission. Strategy 1: Ensure an adequate supply of land is available and serviced. 1.4 Evaluate decreasing multi-family parking requirements. Chair Norton commented on adequate parking spaces for units with more than three bedrooms. It was explained that parking requirements were decreased for multi-family during the Transit Triangle modeling. Both the Commission and the City Council approved reducing parking to one space for units less than 800 sq. ft. It increased the number of units and added to affordable units as well. Higher levels of parking made housing less affordable for multi-family. The Commission Ashland Planning Commission March 23, 2021 Page 4 of 6 could add a caveat in areas where this may be appropriate and where there is transit service. It could become easier if transit service increased in the future. Commissioner Thompson inquired whether the action list adequately addressed rezoning commercial zones for a higher residential component rather than residential in commercial. Ms. Goodman explained there was not a strategy for that at this time, but the Commission could discuss adding it. Currently, there was no development occurring in the Transit Triangle. Commissioner Pearce commented it would take time. Staff suggested increasing incentives. Commissioner Thompson noted the emphasis on developing smaller units and how people wanting second homes might hinder the intended outcome. Ms. Goodman responded that could occur. However, allowing smaller units may free up existing family housing. The City did not have a barrier to building single family homes but did for smaller units. oning code to disallow single-family detached housing in the High- Density Residential Plan Designation (R-3 zone). Commissioner Verner thought this was an action they could do right away. Mr. Goldman explained there was a requirement in multi-family zones that had to be built out 80% base density for the zone, but it did not distinguish type. Historic District neighborhoods had single family lots in multi-family zones. 1.2Evaluate increasing allowed height in the R-2 and R-3 multi-family residential zones, outside of designated historic districts. Chair Norton supported increasing building height and thought selectively allowed height increases would work better than a blanket increase. Ms. Goodman clarified the increase would be going from two story buildings to three stories. She agreed on removing the half story requirement. This action item was the minimum for increasing building height. 2.1 Broaden the definition of dwelling unit to include other types of units such as shared housing and co- housing, single-room occupancies, and other dwelling units. action item could extend to co-housing of 5-6 non-related adults living together or repurposing cargo containers as housing. 2.2 Evaluate opportunities incentivize smaller units through amendments to allowable densities. Ms. Goodman explained tiny houses could be used to house the homeless. However, in other places, there was a market for tiny homes that were being sold for $250,000. Mr. Goldman added through current development code, units less than 500 sq. ft. were considered .5 of a unit for calculating density in the Transit Triangle. It was a way to incentivize smaller units. Chair Norton commented that while units decreased in size, automobiles did not. Cottage housing had parking issues. Ms. Goodman clarified tiny homes in Ashland was not something they were suggesting at this time. Strategy 3: Provide opportunities for development affordable to all income levels 3.5 Evaluate whether the City or other public agencies have vacant or re-developable publicly owned property could be used for development of affordable housing Commissioner Verner suggested an inventory of public owned property to evaluate those properties for development. The property could be gifted or given for free. Ms. Goodman responded that was the intention of the action and what the housing production strategy would grow into. outside of the City limits) as part of a land banking strategy Ashland Planning Commission March 23, 2021 Page 5 of 6 Commissioner Verner asked who would purchase the land. Ms. Goodman responded it could be the City or a land bank. It was unclear who would purchase that land at this time. The City could purchase the land, aggregate then sell it at cost for affordable housing. Strategy 4: Identify funding sources to support development of infrastructure and housing affordability programs 4.1 Evaluate establishing a Construction Excise Tax. Commissioner Pearce voiced concerned about imposing a construction tax. New construction in Ashland was very expensive. Ms. Goodman clarified the City would not need to have a CET that was a full percentage of the permit price. It could be a fraction of the percentage. It could also be that a CET was not appropriate for Ashland. She thought it was worth evaluating. There were very few sources for funding affordable housing. CET was one way that allowed flexibility. 4.3 Coordinate Capital Improvements Program and Transportation System Plan infrastructure investments. Commissioner Verner supported this action. 4.2 Evaluate using Urban Renewal to support development of infrastructure necessary to support housing development. The Commission discussed urban renewal and the Railroad property. Adding an action for redevelopment of the Railroad property was suggested. Strategy 5: Align housing planning with the Climate and Energy Action Plan 5.1 Evaluate opportunities to decrease dependence on automotive transportation in areas planned for housing. Commissioner Dawkins suggested tying this action to the Railroad property. Commissioner Pearce agreed. Ms. Goodman would add an action about re-developing the Railroad property under Strategy 1 or 2. She went on to ask the Commission if anything was missing from the Strategies and actions. Commissioner Thompson thought there was a need to create more incentives for families to live in Ashland. Ms. Goodman did not think the City was looking at developing larger, more expensive units. However, it could be they were lacking a tie to multi-bedroom, multi-family units or market rate multi-family units. The City could look at tax abatements. The Commission could decide to add an action on evaluating property tax abatements for different purposes. It would apply to rental property. Mr. Goldman added that one of the issues over the last decade was the increasing difficulty for families with children who made a median income to purchase median priced homes on the market. There were non-profits that specifically targeted housing for families with children. Ms. Goodman suggested land trust models for affordable housing. The Commission discussed using smaller lots and possibly regulating zones by bulk instead of density. Mr. Goldman explained they allowed performance standards subdivisions that created smaller lots. Chair Norton asked about looking at additional areas in Ashland for development. Mr. Goldman explained that development of areas for further consideration would require extensive due diligence to determine where development was appropriate. How much additional capacity was needed would also have to be taken into consideration. VIII. ADJOURNMENT Meeting adjourned at 9:26 p.m. Submitted by, Dana Smith, Executive Assistant Ashland Planning Commission March 23, 2021 Page 6 of 6 Btimboe!Ipvtjoh!Dbqbdjuz!Bobmztjt Qmboojoh!Dpnnjttjpo Nbsdi!34-!3132 2 Bhfoeb Welcome Review Residential Land Needs Analysis Results Discuss Actions to Address Strategic Issues Next Steps 3 Qspkfdu!Tdifevmf We are here. 4 Sftjefoujbm!Mboe!Offet! Bobmztjt!Sftvmut Mboe!Tvggjdjfodz!Sftvmut!3132.3152!)Tdfobsjp!3* Ashland has enough land to accommodate growth (858 dwelling units) between 2021-2041. However, some development in Ashland’s Suburban Residential, Normal Neighborhood, and Multifamily Residential Plan Designations will need to be accommodated in the city’s urbanizing area. * Plan Designation Notes: •Low Density Residentialincludes SFRR, Low Density, Single family residential, and North Mountain. •Commercial & Employmentincludes Commercial, Employment, Downtown, Health Care, and Southern Oregon University. •Woodlandexcluded. 6 Bdujpot!up!Beesftt!Btimboe“t! Tusbufhjd!Qsjpsjujft Components of this Project Housing Capacity Analysis Housing Strategy Technical report about: Housing policies and actions to address needs identified in the HCA: Buildable lands inventory Housing market Land availability Demographic and socioeconomic Types of housing needed characteristics of residents Housing affordability Housing affordability Infrastructure needs Forecast of new housing Funding Land sufficiency Housing Production Strategy Changes to Zoning Code Revised Comprehensive Plan Updated information (HCA) Updated policies (Housing Strategy) Housing Policies and Programs Housing policies not addressed through Comprehensive Plan updates Gbdupst!uibu!Jogmvfodf!Ipvtjoh!Efwfmpqnfou Policy & Implementation—including zoning, density, and design requirements–must allow developer to There must be build a profitable project. sufficient demand (rents, sales Public Policy prices) to support Ashland can directly a profitable influence public policy, project land, and infrastructure. Market Development Land Ashland may have Feasibility Can Occur limited influence on market feasibility. Developer must control the site with reasonable Capital acquisition costs Developer must be able to access resources for investment (e.g., equity investment, bank loans) Ipvtjoh!Nbslfu!Ezobnjdt Affordability Median Family Income Housing Stock Affordable New to High-Income 140%+ Market Households Supply 120% Housing Stock Affordable 100% to Moderate-Income 80% Households New 60% Subsidized Housing Stock Affordable Supply to Low-Income Households Tusbufhjd!Qsjpsjujft 1.Ensure an adequate supply of land is available and serviced. 2.Provide opportunities for housing development to meet the City’s identified housing needs. 3.Provide opportunities for development of housing affordable to all income levels. 4.Identify funding sources to support development of infrastructure and housing affordability programs. 5.Align housing planning with the Climate and Energy Action Plan. 11 Ofyu!Tufqt Refine Ashland’s Housing Capacity Analysis Report and Housing Strategy FINDINGS _________________________________ PA-T2-2020-00025 Tax Lot #600 on the newly constructed Independent Way BEFORE THE PLANNING COMMISSION April 13, 2021 IN THE MATTER OF PLANNING ACTION #PA-T2-2020-00025, A REQUEST FOR ) SITE DESIGN REVIEW APPROVAL TO CONSTRUCT TWO NEW COMMERCIAL/ ) INDUSTRIAL BUILDINGS ON THE VACANT TAX LOT #600 ON INDEPENDENT ) WAY, THE NEWLY CONSTRUCTED PUBLIC STREET BETWEEN WASHINGTON ) STREET AND TOLMAN CREEK ROAD. BOTH BUILDINGS WOULD BE PART OF ) FINDINGS, THE IPCO DEVELOPMENT CORPORATION SERVICE BUILDING COMPLEX AND ) ) CONCLUSIONS, WOULD SHARE DRIVEWAY ACCESSES, PARKING AREAS AND LANDSCAPING. & ORDERS THE FIRST BUILDING IS PROPOSED TO BE 9,919 SQUARE FEET AND WOULD ) BE CONSTRUCTED ADJACENT TO INDEPENDENT WAY. THE SECOND WOULD ) BE 17,858½ SQUARE FEET AND WOULD BE NEAR THE SOUTH PROPERTY LINE. ) ) APPLICANT/OWNERS: Rogue Planning & Development Services, LLC/ ) IPCO Development Corporation ) ) -------------------------------------------------------------------------------------------------------------- RECITALS: 1)Tax lot #600 of Map 39 1E 14BA is a vacant 2.07 acre parcel and is zoned Employment (E-1). 2) The applicant is requesting Site Design Review approval for the construction of two new commercial/industrial buildings on Tax Lot #600 adjacent to Independent Way, the newly installed public street between Washington Street and Tolman Creek Road. Both buildings would be part of the IPCO Development Corporation service building complex, and would share driveway accesses, parking areas and landscaped areas. The Building 6is proposed to be 9,919 square feet and would be constructed adjacent to Independent Way. The approposed Building 5would be 17,858½ square feet and would be Building 6near the south property line. The application initially included a request for an Exception to the Site Development and Design Standards (AMC 18.4.2.040.B.3.a) which call for a ten-foot wide landscape buffer between the building and the street, but this component of the request was withdrawn through the hearing process. 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. PA-T2-2020-00025 April 13, 2021 Page 1 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 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. 4) On April 15, 2020 Governor Kate Brown issued Executive Order #20-16 Working: Ordering Necessary Measures to Ensure Safe Public Meetings and Continued Operations by Local Government During Coronavirus (COVID- 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 subsequently-adopted House Bill #4212 further authorized governing bodies in Oregon to conduct all public meetings using telephone or video conferencing technology or through other electronic or virtual means. 8) The Planning Commission, following proper public notice, held an electronic public hearing on February 9, 2020. In keeping with Executive Order #20-16 and subsequent House Bill #4212, 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 http://www.rvtv.sou.edu. A copy of the application, including all documents, evidence and applicable criteria relied upon by the applicant, and a copy of the staff report were made available on-line seven days prior to the hearing. Those wishing to provide written testimony were able to submit it via e-mail in advance of the hearing, as detailed in the mailed and posted notices, and all written testimony received by the deadlines was made available for Commissioners to review before the hearing and was included in the meeting minutes. In addition, those wishing to participate during the hearing could arrange to provide oral testimony by arranging to do so in advance of the meeting. PA-T2-2020-00025 April 13, 2021 Page 2 Prior to the closing of the public hearing on February 9, 2021 the applicant requested that the record be left open for seven days pursuant to ORS 197.763. Because the applicant was the only participant in the hearing, the Planning Commission left the record open for seven days, until the end of business on February 16, 2021 and continued the meeting to a date and time certain at 7:00 p.m. on Tuesday, February 23, 2021. The Planning Commission reconvened for deliberations on February 23, 2021 and after considering the materials received - including written submittals from the applicant while the record was open - and the testimony presented, the Planning Commission denied the application, noting that the Exception requested was not merited and that the Commission could not redesign the project to comply with standards through the imposition of conditions. Subsequent to this decision, but before the written findings formalizing the denial were adopted, the applicant submitted a revised proposal modifying their application by removing the request for an Exception to the Site Development and Design Standards and asking that the Planning Commission reopen the public hearing to review the application as modified. The Planning Commission, following proper public notice, reopened the electronic public hearing on March 23, 2021 at which time written testimony submitted in advance of the hearing was considered and new oral testimony was presented. Following the closing of the public hearing and the record, the Planning Commission considered the materials received and testimony presented and approved the project, subject to a number of 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 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 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the application materials, staff report, public testimony and exhibits received. The Planning Commission further finds that the applicant submitted a revised proposal during the public hearing process which modified their application by removing the request for an Exception to the Site PA-T2-2020-00025 April 13, 2021 Page 3 Development and Design Standards and asked that the Planning Commission reopen the public hearing to review the application as modifiedubsequent to the but before the written findings formalizing that denial were adopted, and proper public notice was provided that the hearing was to be re-opened. The Planning Commission finds that this was not a reconsideration as described in AMC 18.5.1.060.H, which only occurs following the adoption of findings formalizing a decision and the subsequent mailing of a -opening the hearing to consider additional modifications offered by the applicant prior to adopting a final decision was in response to new evidence in the form of a modified request provided during the land use hearing process. 2.2 The Planning Commission finds that the proposal for Site Design Review approval as revised during the hearing process meets the applicable criteria for Site Design Review described in AMC 18.5.2.050. 2.3 The Planning Commission concludes that the proposal satisfies all applicable criteria for Site Design Review approval. The first approval criterion for Site Design Review approval 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 The application materials explain that the subject property and all adjacent properties are zoned E-1 (Employment). There are no minimum setbacks within the E-1 zone, and the application explains that the proposed setbacks are the minimum necessary. Along the newly constructed street Independent Way, is proposed to have a ten-foot setback from the public street to provide the requisite landscape buffer, and has been designed to comply with Solar Access Standard B, which allows the structure to cast the same shadow that would be cast by a 16-foot tall fence constructed on the north property line. Within the E-1 zoning district, 40 feet is the maximum building height; here, Building 6 is proposed at just over 20 feet in height, while Building 5 is proposed to be 22 feet tall. The application materials further explain that the proposed lot coverage is less than the allowed 85 percent in the zone, as the 2.07-acre parcel is proposed to have total lot coverage of approximately 69,493 square feet, or 77.08 percent. 28,775 square feet of this coverage is building footprints, while approximately 40,718 square feet is paved. There will be approximately 4,952 square feet of new landscaped areas within the parking areas proposed. The property is not located within a Residential-overlay, and as such no residences are proposed and residential density is not considered. Similarly, Floor Area Ratios (FAR) are not considered outside of the Detail Site Review zone. Building 6 occupies the majority of the property frontage, placing the wider side of the building to the street, and is accessed directly from the sidewalk via a centralized stairway that extends from the sidewalk to the raised walkway . The building has architectural details common to metal buildings in the Employment zoning district. The application materials further note that to allow for potential intensification of uses, at the front of the building an PA-T2-2020-00025 April 13, 2021 Page 4 entry/exit door is framed but not installed to preserve the future possibility of creating an additional tenant space, and on the south side of Building 6, area for future windows has been accommodated in the design. Building 5 is substantially more than 20-feet from the public street, and as such is not required to be oriented to Independent Way. Building 5 incorporates additional areas for openings for roll-up doors and pedestrian entrances on both its front façade (north side) and east side. 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 E-1 zoning will be satisfied. The second approval criterion deals with overlay zones, and requires that,The proposal complies with The Planning Commission finds that the property contains a reach of Hamilton Creek near the east property line, and as such is subject to both the Physical & Environmental Constraints Overlay (AMC 18.3.10.080) for flood plain corridor lands and to the Water Resources Protection Zones Overlay (AMC 18.3.11) and as such is subject to the standards in AMC 18.3.10.100. The application materials explain that the property contains a Water Resource Protection Zone (WRPZ) and a FEMA Special Flood Hazard Area floodplain for Hamilton Creek, and further notes that Hamilton Creek exits from a 60-inch culvert along the east property line. The proposed development, excepting very small areas of the driving and parking area, is setback more than 30-feet from the mapped centerline of Hamilton Creek. The application further notes that the 2015 Site Review application (PA #2015- 00422) which approved the installation of Independent Way included a Limited Activities and Uses permit for the bridge crossing and also permitted a small area of encroachment into the WRPZ to accommodate an area of the drive aisle curbing and a bio-swale/detention area. The Planning Commission finds that the proposal complies with the 2015 approval, and that there are no additional impacts to the WRPZ or floodplain with the development proposed. The Planning Commission finds that the subject property is also subject to the Physical & Environmental Constraints Overlay standards for wildfire lands, 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 of the Fire Marshal prior to bringing combustible materials onto the property, and any new landscaping proposed will need to comply with these standards and shall not include plants listed on the Prohibited Flammable Plant Listper Resolution #2018-028. A condition has been included below to require a final Fire Prevention and Control Plan and plant list be provided for the review and approval of the Fire Marshal prior to the issuance of a building permit or to bringing any combustibles onto the site. Based on the foregoing, the Planning Commission finds that this criterion dealing with overlay zone requirements is satisfied with the proposal. PA-T2-2020-00025 April 13, 2021 Page 5 The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided In this instance, the subject property is outside of the Detail Site Review and Historic District overlay zones, and as such the applicable standards arBuilding Placement, Orientation and Design Standards- Residential Development in AMC 18.4.2.040; the Parking, Access & Circulation standards in Chapter 18.4.3; the Landscaping, Lighting and Screening standards in Chapter 18.4.4; and the Tree Preservation and Protection standards in Chapter 18.4.5. Basic Site Review Standards for Non-Residential Development (AMC 18.4.2.040) In addressing these standards, the application materials note that proposed Building 6 is oriented towards Independent Way which is newly constructed with sidewalks and parkrow planting strips with street trees in place. The proposed design provides for direct pedestrian access from the public street to the entrances of the building. The pedestrian entrances are accessed via a raised walkway served by a wide, central stair that leads directly from the public sidewalk to the walkway and entrances. Each pedestrian entrance is clearly visible from the street with commercial entry doors, sidelight windows, awnings to provide pedestrian coverage from sun and rain, and lighting that all enhance the sense of entry to the tenant spaces. There is no automobile circulation or off-street parking between the building and the street. Parking areas are proposed to be placed to the side and rear of the street-fronting building. The the proposed Building 6, and the driveways are to the sides of the building allowing positioning of the wider side of the building to the street with no gaps in the frontage. Driveway aprons, vehicle aisles and parking areas are to the sides and rear of the building. The Planning Commission finds that as modified during the hearing process, the proposed site plan includes the required ten-foot landscape buffer adjacent to the street, and further finds that a size-, species- and planting-specific landscape and irrigation plan will be provided for the review and approval of the Staff Advisor with the building permit submittal. Refuse and recycle containers are to be located within the buildings and placed outside for pick-up on garbage day each week. The application explains that this is how the majority of the tenants of the property operate, that the arrangement is formalized in the lease agreements, and that this has worked well for the both the property owner and for Recology. The application materials point out that proposed exterior lights are dusk to dawnlights recessed under the awnings and downward directed to avoid directly illuminating adjacent properties. Noises generated by the site are anticipated to be consistent with what can be expected in an Employment zone where permitted uses include production, manufacturing, and repair. Parking, Access & Circulation (AMC 18.4.3) The parking ratio industrial, manufacturing, production, warehousing, and freight uses is the lesser of one parking space per 1,000 square feet of gross floor area or one space for every two employees, plus one space for a company vehicle. Based on the 27,778 square feet of new building area proposed, a PA-T2-2020-00025 April 13, 2021 Page 6 total of 28 parking spaces are required (27,778/1,000 = 27.778). The application materials note that 31 off-street parking spaces are proposed to address the parking demand here, along with an additional materials note that the minimum required back-up area of 22-feet is available for each parking space, and that the parking area will be developed to address requirements for landscaping, shade trees, micro- climatic impacts and storm water quality management further explaining that the parking lot has been designed to minimize adverse environmental impacts through the use of a bio-swale filtration as provided in the Rogue Valley Stormwater Design Manual. While the application materials indicate that the design minimizes the micro-climatic and environmental impacts of the parking area, the Commission finds that it is unclear which of the strategies in AMC 18.4.3.080.B.5.a is proposed, and a condition has accordingly been added to require that the building permit submittal clearly address which of these standards (i.e. light-colored or porous paving, additional shade through structures or extra trees) is to be relied upon in the final design. All of the IPCO Development Corporation Service Building sites are interconnected and accommodate semi-truck and other vehicular traffic through the properties. The new parking area is proposed to be accessed from the driveways that extend from Independent Way. With the new development, pedestrian access is extended from Independent Way along both sides of the proposed Service Building #6 and extends to the entrances of Service Building #5. The sidewalks are raised when crossing drive aisles as required by code. The parking areas provide for adequate back-up and turn around area is provided for on the site plans. The application materials further note that the area along the curb adjacent to the Hamilton Creek corridor are intended to provide for semi-truck staging on-site, but have the potential to be restriped for parking if the use of the property were to intensify. Bicycle parking is proposed to be located within the buildings. Tree Preservation & Protection (AMC 18.4.5) The application explains that in addition to the newly-planted street trees, there are parking lot shade trees along the west property line that will be protected from construction impacts. There are also existing trees in the riparian drainage area on the east side of the driveway and parking area. A tree protection fencing plan has been provided to address the three trees in the parking area. The application details the placement of requisite tree protection fencing in the form of six-foot tall, chain link fencing at the driplines of the trees identified on the provided tree inventory, and further notes that silt fencing will be provided to prevent erosion into the Water Resource Protection Zone before site disturbance. The application recognizes that fencing will need to be installed flush with grade and inspected by the Staff Advisor prior to any site work, and further indicates that no construction activity or excavation will occur within the identified tree protection zones and that no building supplies, soil, equipment, vehicle parking or waste, including chemically injurious materials or liquids, construction debris, run- off, or excess concrete excess, will be allowed in the tree protection zones. The Commission finds that the newly-planted street trees in the park row planting strip on Independent Way will also need protection during site development, and a condition has been required to require a PA-T2-2020-00025 April 13, 2021 Page 7 revised tree protection plan which also addresses the street trees shall be provided for the review and approval of the Staff Advisor with the building permit submittals. Based on the foregoing, the Planning Commission concludes that the proposal complies with the applicable Site Development and Design Standards of part 18.4. 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 The application indicates that public infrastructure was extended with the construction of Independent Way to serve the subject property, noting that required improvements for a neighborhood commercial collector street including pavement, curb, gutter, a six-foot sidewalk, a seven-foot-wide landscape park row with street trees, and streetlights were installed and utilities were extended. The application materials further detail that utilities in place include an eight-inch water main, an eight-inch sanitary sewer main and a 12-inch storm sewer main within the Independent Way right-of-way. In addition, the application indicates that large electric transformers were installed with previous site work as well as the street installation, providing sufficient electric service capacity to support underground electric service to serve development of the property, and that associated private utility easements were extended through the property with these installations. The application concludes by noting that the installation of adequate utilities to serve the property was contemplated with the development of Independent Way, and the civil engineer who designed the street extension is also the engineer of record for the current application. Public Works and Engineering staff have confirmed that adequate capacity of utilities to enable the envisioned development of the site was planned and installed with the Independent Way project. property from public utility easements and street right-of-way adjacent to the site, and that based on the findings and conceptual plans provided, adequate key city facilities are available within the adjacent rights-of-way and will be extended by the applicant to serve the proposed development. Conditions have been included below to require that final electric service, utility and civil plans be provided for the review and approval of the Staff Advisor and city departments in conjunction with the building permit submittals, and that civil infrastructure be installed by the applicants, inspected and approved prior to final project approval. 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 concludes that this criterion has been satisfied. The application originally included a request for a single Exception to the Site Development and Design Standard in AMC 18.4.2.040.B.3.a which Landscape areas at least ten feet in width shall buffer buildings adjacent to streets, except the buffer is not required in the Detail Site Review, Historic District, and Pedestrian Place overlays. This Exception request was PA-T2-2020-00025 April 13, 2021 Page 8 withdrawn by the applicant during the hearing process, and as such the application includes no Exceptions. The Planning Commission concludes that as detailed above and with the conditions discussed, the proposal complies with the requirements for Site Design Review approval. 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 approval to construct two new industrial buildings along the newly- constructed Independent Way is supported by evidence contained in the whole record. The Commission finds that the proposed Building #6 sits above the sidewalk and will positively contribute to the pedestrian streetscape enhance the pedestrian experience. Both new buildings provide needed new employment space within With that, the Commission concludes that the development merits approval with the conditions detailed below. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #PA-T2-2021-00025. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2021-00025 is denied. The following are the conditions and they are attached to the approval: 1.That all proposals of the applicant shall be conditions of approval unless otherwise modified herein, including but not limited to providing the full ten-foot width landscape buffer between the building and the sidewalk required in the Site Development and Design Standards. 2.That the plans submitted for the building permit shall be in substantial conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify this Site Design Review approval shall be submitted and approved prior to issuance of a building permit. 3.That any new addresses shall be assigned by City of Ashland Engineering Department. 4.That permits shall be obtained from the Ashland Public Works Department prior to any work in the public right of way, including but not limited to permits for new driveway approaches or any necessary encroachments. 5.That the windows on the ground floor shall not be tinted so as to prevent views from into the interior of the building. 6.That the front entrances adjacent to Independent Way shall remain functional and open to the public during all business hours. 7.That a sign permit shall be obtained prior to installation of any new signage. Signage shall meet the requirements of Chapter 18.4.7. 8.That should the eight parking spaces on the subject property which serve the building on the contiguous property currently Tolman Creek Road) ever become unavailable for that building, the applicant shall provide notice to the Planning Department. PA-T2-2020-00025 April 13, 2021 Page 9 9.That the building permit submittal shall include: a.Identification of all easements, including public and private utility easements, public pedestrian access easements, and fire apparatus access easements. b.Solar setback calculations demonstrating that all new construction complies with Solar Setback Standard B in the formula \[(Height 16)/(0.445 + Slope) = Required Solar Setback\] and elevations or cross section drawings clearly identifying the highest shadow producing point(s) and the height(s) from natural grade. c.Final lot coverage calculations including all building footprints; driveways, parking, and circulation areas; and any other areas other than natural landscaping. Lot coverage shall be limited to no more than 85 percent as required in AMC 18.2.6.030. d.Final electric service, utility and civil engineering plans including grading, erosion control and drainage. All civil infrastructure shall be installed by the applicants, inspected and approved prior to final inspection/occupancy approval. e.The final utility plan shall include the location of connections to all public facilities including the locations of water lines and meter sizes, fire hydrants, sanitary sewer mains and services, manholes and clean-outs, and storm drainage pipes and catch basins, along with any backflow prevention measures required by the Water Department. Any required private or public utility easements shall be delineated on the civil plans. f.The final electric design and distribution plan shall include load calculations and locations of all primary and secondary services including transformers, cabinets and all other necessary equipment with the Final Plan application. This plan must be reviewed and approved by the Electric Department prior to the signature of the final survey plat. Transformers and cabinets shall be located in areas least visible from streets and outside of vision clearance areas, while considering the access needs of the Electric Department. g.That storm water from all new impervious surfaces and runoff associated with peak rainfalls 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. The storm drainage plan shall detail the location and final engineering for all storm drainage improvements associated with the project, and shall be submitted for review and approval by the Departments of Public Works, Planning and Building Divisions. The storm drainage plan shall demonstrate that post-development peak flows are less than or equal to the pre-development peak flow for the site as a whole, and that storm water quality mitigation has been addressed through the final design. h.Final site lighting details. i.A final size- and species-specific landscaping plan including irrigation details satisfying the Water Conserving Landscaping Guideline in AMC 18.4.4.030.I. New landscaping shall comply with the General Fuel Modification Area requirements and shall not include plants listed on the Prohibited Flammable Plant List adopted by Resolution #2018-028. All landscaping shall be installed according to the approved plan, and tied into the existing irrigation system, inspected and approved prior to the issuance of a certificate of occupancy. PA-T2-2020-00025 April 13, 2021 Page 10 j.That a revised Tree Protection Plan consistent with the standards described in 18.4.5 be submitted for review and approval of the Staff Advisor prior to the issuance of a building permit. The plan shall identify the location and placement of fencing around the drip lines of trees identified for preservation and shall include the newly planted street trees in the parkrow planting strip in front of the proposed Building 6 along Independent Way. The amount of fill and grading within the drip line shall be minimized. Cuts within the drip line shall be noted on the tree protection plan, and shall be executed by handsaw and kept to a minimum. No fill shall be placed around the trunk/crown root. k.That the requirements of the Ashland Fire Department relating to approved addressing; fire apparatus access and turn-around; a firefighter access pathway; fire flow; hydrant installation, spacing and clearance; work area; applicable fire sprinkler requirements; fire department connection; key box; extinguishers; limitations on obstructions to fire access; and wildfire hazard area and vegetation requirements shall be satisfactorily addressed in the permit submittals. l.A Fire Prevention and Control Plan addressing the General Fuel Modification Area requirements in AMC 18.3.10.100.A.2 shall be provided prior to bringing combustible materials onto the property, and any new landscaping proposed shall comply with these adopted with Resolution #2018-028. m.The building permit submittals shall verify that the bicycle parking, spacing and coverage requirements are met in accordance with 18.4.3.070.I. Inverted U-racks shall be used for the bicycle parking, and all bicycle parking shall be installed in accordance with design and rack standards in 18.4.3.070.I and J, inspected and approved by the Staff Advisor prior to the issuance of the certificate of occupancy. If bicycle parking is to be provided within the proposed buildings, final interior dimensions of the dedicated bicycle parking areas shall be detailed on the building permit plans to insure adequate space has been provided. A bicycle parking space located inside of a building shall be a minimum of six feet long by three feet wide by four feet high, shall be accessible without moving another bicycle, and shall be clearly marked as reserved for bicycle parking only. n.The building permit submittals shall clearly identify which of the strategies in AMC 18.4.3.080.B.5.a is being utilized to minimize the environmental and micro-climatic impacts of the paved areas (i.e. light colored paving, porous paving, or additional shade through added tree canopy or structures). 10.That prior to the issuance of a building permit: a.That a Tree Verification Permit shall be applied for and approved by the Staff Advisor prior to permit issuance, tree removal, or any site work including demolition, staging, storage of materials, or excavation. The Tree Verification Permit is to inspect the identification of the tree to be removed and the installation of tree protection fencing for the trees to be protected on and adjacent to the site. The tree protection shall be chain link fencing six feet tall and installed in accordance with AMC 18.4.5.030. PA-T2-2020-00025 April 13, 2021 Page 11 b.Silt fencing or other approved means of stream corridor protection and erosion shall be installed on-site, inspected in conjunction with the Tree Verification Permit, and approved by the Staff Advisor prior to permit issuance or any site work. 11.That prior to the final inspection approval or issuance of a certificate of occupancy: a.That all landscaping in the new landscaped areas, and the irrigation system, shall be installed according to the approved plan, inspected and approved by the Staff Advisor. b.Any modifications to the driveway curb-cuts/approaches shall be installed under permit from the Public Works Department and in accordance with the approved plan, inspected and approved prior to the submittal of the final survey plat for signature. The driveway curb cut, apron and entry area shall be sized to standard turn-around dimensions as illustrated in AMC 18.4.6.040.G.5. c.Civil improvements including but not limited to utility installations shall be completed according to approved plans, inspected and approved d.That all exterior lighting shall be selected, placed and down-directed/shrouded so as not directly illuminate adjacent proprieties. Compliance shall be site-verified by the Staff Advisory prior to final inspection approval or issuance of a certificate of occupancy. e.That the bicycle parking facilities shall be installed according to the approved plan, inspected and approved by the Staff Advisor. April 13, 2021 Haywood Norton, Chair Date Planning Commission Approval PA-T2-2020-00025 April 13, 2021 Page 12 TYPE II PUBLIC HEARING _________________________________ PA-T1-2010-00141 599 East Main Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 NOTICE OF PUBLIC HEARING PLANNING ACTION: PA-T1-2021-00141 SUBJECT PROPERTY: 599 East Main Street APPLICANT/OWNER: Rogue Planning & Development Services, LLC for Livni Family Trust (Gil Livni, Trustee) DESCRIPTION: A request for Site Design Review approval to modify the existing building at 599 East Main Street including converting the former church to use as office/assembly space and adding a new entry. The application also includes requests for a Conditional Use Permit as it involves the alteration of an existing non-conforming development where no off- street parking is available, and Street Tree Removal Permits to remove and replace two Callery Pear street trees (10.2-inch & 12.7-inch DBH) in the park row planting strip along East Main Street. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; MAP: 39 1E 09AC; TAX LOT #: 7600 NOTE: The Ashland Historic Commission will review this Planning Action at an electronic public hearing on Wednesday, April 7, 2021 at 6:00 PM. See page 2 of this notice for information about participating in the electronic public hearing. ELECTRONIC ASHLAND PLANNING COMMISSION MEETING: Tuesday April 13, 2021 at 7:00 PM Historic Commission Meeting Historic Commission Notice is hereby given that the will hold an electronic public hearing on the above described planning Historic Commission action on the meeting date and time shown on Page 1. If you would like to watch and listen to the meeting virtually, but not participate in any discussion, you can use the Zoom link posted on the City of Ashland calendar website https://www.ashland.or.us/calendar.asp . Anyone wishing to submit written comments can do so by sending an e-mail to PC-public-testimony@ashland.or.us with 10:00 a.m. on Monday, April 5, 2021 OVER G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\E\\East Main\\EMain_599\\EMain_599_PA-T1-2021-00141\\Noticing Folder\\EMain_599_PA-T1-2021-00141_NOC_Re-Notice_revised 4.5.21.docx If the applicant wishes to provide a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-public- April testimony@ashland.or.us with the subject line 6, 2021. Written testimony received by these deadlines will be available for Historic and Tree Commissioners to review before the hearing and will be included in the meeting minutes. Oral testimony will be taken during the electronic public hearing. If you wish to provide oral testimony during the electronic PC-public-testimony@ashland.or.us by 10:00 a.m. on Monday, April 5, 2021. meeting, send an email to In order to provide testimony at the public hearing, please provide the following information: 1) make the subject line of the email Commission Testimony , 2) include your name, 3) specify the date and commission meeting you wish to testify at, 4) specify the agenda item you wish to speak to, 5) specify if you will be participating by computer or telephone, and 6) the name you will use if participating by computer or the telephone number you will use if participating by telephone. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact -488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title I). Notice is hereby given that the Ashland Planning Commission will hold an electronic public hearing on the above described planning action on the meeting date and time shown above. You can watch the meeting on local channel 9, on Charter Communications channels 180 & 181, or you can stream the meeting via the internet by going to rvtv.sou.edu and RVTV Prime. The ordinance criteria applicable to this planning action are attached to this notice. Oregon law states that failure to raise an objection concerning this application, or failure to provide sufficient specificity to afford the decision makers an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court. Because of the COVID-19 pandemic, application materials are provided online and written comments will be accepted by email. Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541) 488-5305 or planning@ashland.or.us. A copy of the application, including all documents, evidence and applicable criteria relied upon by the applicant, and a copy of the staff report will be available on-line at www.ashland.or.us/PCpackets seven days prior to the hearing. Copies of application materials will be provided at reasonable cost, if requested. Under extenuating circumstances, application materials may be requested to be reviewed in-person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre-arranged appointment by calling (541) 488-5305 or emailing planning@ashland.or.us. Anyone wishing to submit comments can do so by sending an e-mail to PC-public-testimony@ashland.or.us with the April 13 PC Hearing Testimony a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-public-testimony@ashland.or.us with the subject April 13 PC Hearing TestimonyApril 13, 2021. Written testimony received by these deadlines will be available for Planning Commissioners to review before the hearing and will be included in the meeting minutes. Oral testimony will be taken during the electronic public hearing. If you wish to provide oral testimony during the electronic April 13, 2021 meeting, send an email to PC-public-testimony@ashland.or.us by 10:00 a.m. on Tuesday, . In order to provide testimony at the public hearing, please provide the following information: 1) make the subject line of the email April 13 Speaker Request 2) include your name, 3) the agenda item on which you wish to speak on, 4) specify if you will be participating by computer or telephone, and 5) the name you will use if participating by computer or the telephone number you will use if participating by telephone. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please -488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title I). If you have questions or comments concerning this request, please feel free to contact Derek Severson at 541-488-5305 or Derek.severson@ashland.or.us SITE DESIGN AND USE STANDARDS (AMC 18.5.2.050) The following criteria shall be used to approve or deny an application: G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\E\\East Main\\EMain_599\\EMain_599_PA-T1-2021-00141\\Noticing Folder\\EMain_599_PA-T1-2021-00141_NOC_Re-Notice_revised 4.5.21.docx A. Underlying Zone: 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. B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities: 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. E. Exception to the Site Development and Design Standards: 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. CONDITIONAL USE PERMITS (AMC 18.5.4.050.A) A Conditional Use 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. 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 d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. PERMISSION TO PLANT OR REMOVE STREET TREES (AMC 13.16.030) The City encourages the planting of appropriate trees. No trees shall be planted in or removed from any public planting strip or other public property in the City until a permit has been issued by the City Administrator or a duly authorized representative. Applicants for a removal permit may be required to replace the tree or trees being removed with a tree or trees of comparable value. If the tree is determined to be dead or dying, then the replacement need be no larger than the minimum described in this chapter. The replacement tree(s) shall be of a size specified in the permit and no smaller than eight feet in height or one inch in caliper 12 inches above root crown and shall be an appropriate species selected from and planted according to the Recommended Street Tree List. G:\\comm-dev\\planning\\Planning Actions\\PAs by Street\\E\\East Main\\EMain_599\\EMain_599_PA-T1-2021-00141\\Noticing Folder\\EMain_599_PA-T1-2021-00141_NOC_Re-Notice_revised 4.5.21.docx DRAFT - BEFORE THE PLANNING COMMISSION DRAFT May 11, 2021 IN THE MATTER OF PLANNING ACTION #PA-T1-2021-00141, A REQUEST FOR ) SITE DESIGN REVIEW APPROVAL TO MODIFY THE EXISTING BUILDING AT ) 599 EAST MAIN STREET INCLUDING CONVERTING THE FORMER CHURCH TO ) USE AS OFFICE/ASSEMBLY SPACE AND ADDING A NEW ENTRY. THE APPLI- ) CATION ALSO INCLUDES REQUESTS FOR A CONDITIONAL USE PERMIT AS IT ) INVOLVES THE ALTERATION OF AN EXISTING, NON-CONFORMING DEVELOP-) MENT WHERE NO OFF-STREET PARKING IS AVAILABLE, AND STREET TREE ) ) DRAFT REMOVAL PERMITS TO REMOVE AND REPLACE TWO CALLERY PEAR STREET FINDINGS, TREES (10.2-INCH AND 12.7-INCH DIAMETER AT BREAT HEIGHT) IN THE PARK ) CONCLUSIONS, ROW PLANTING STRIP ALONG EAST MAIN STREET. ) & ORDERS ) APPLICANT/OWNERS: Rogue Planning & Development Services, LLC/ ) Livni Family Trust (Gil Livni, trustee) ) ) -------------------------------------------------------------------------------------------------------------- RECITALS: 1) Tax lot #7600 of Map 39 1E 09AC is located at 599 East Main Street and is zoned Commercial (C- 1). The property is also within the Ashland Railroad Addition Historic District, Detail Site Review and Wildfire Lands overlay zones. ¤ 2) The applicant is requesting Site Design Review approval to modify the xisting building ΔΘΘ%- ¨­ at ast Street including converting the former church to use as office/assembly space and ¤ adding a new ntry. The application also includes requests for a Conditional Use Permit as it involves ¤ the alteration of an xisting non-conforming development where no off-street parking is available, and Street Tree Removal Permits to remove and replace two Callery Pear street trees (10.2-inch & 12.7-inch %- ¨­ DBH) in the park row planting strip along ast Street. The proposal is outlined in plans on file at the Department of Community Development. AMC 18.5.2.050 3) The approval criteria for Site Design Review approval are detailed in as follows: A. Underlying Zone: 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. B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities: 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 PA-T1-2021-00141 May 11, 2021 Page 1 drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards. 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. 4) The approval criteria for a Conditional Use Permit are detailed in AMC 18.5.4.050.A 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. PA-T1-2021-00141 May 11, 2021 Page 2 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. a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. e. C-1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements. f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements. PA-T1-2021-00141 May 11, 2021 Page 3 h.CM-C1.The general light industrial uses listed in chapter18.3.2Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio, complying with all ordinance requirements. i. CM-OE and CM-MU. The general office uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area, complying with all ordinance requirements. k. CM-NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area ratio, complying with all ordinance requirements. l. HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3.5 North Mountain Neighborhood, and 18.3.6 Southern Oregon University District, respectively, complying with all ordinance requirements. 5) The permission to plant or remove street trees within public right-of-way is considered a ministerial action, and is discussed in AMC 13.06.030 as follows: The City encourages the planting of appropriate trees. No trees shall be planted in or removed from any public planting strip or other public property in the City until a permit has been issued by the City Administrator or a duly authorized representative. Applicants for a removal permit may be required to replace the tree or trees being removed with a tree or trees of comparable value. If the tree is determined to be dead or dying, then the replacement need be no larger than the minimum described in this chapter. The replacement tree(s) shall be of a size specified in the permit and no smaller than eight feet in height or one inch in caliper 12 inches above root crown and shall be an appropriate species selected from and planted according to the Recommended Street Tree List. 6) 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. 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 subsequently adopted House Bill #4212 further authorized governing bodies in Oregon to conduct all public meetings using telephone or video conferencing technology or through other electronic or virtual means. PA-T1-2021-00141 May 11, 2021 Page 4 7) The Planning Commission, following proper public notice, held an electronic public hearing on April 13, 2021. In keeping with Executive Order #20-16 and subsequent House Bill #4212, 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 http://www.rvtv.sou.edu. A copy of the application, including all documents, evidence and applicable criteria relied upon by the applicant, and a copy of the staff report were made available on-line seven days prior to the hearing. Those wishing to provide written testimony were able to submit it via e-mail in advance of the hearing, as detailed the mailed and posted notices, and all written testimony received by the established deadlines was made available for Commissioners to review before the hearing and was included in the meeting minutes. In addition, those wishing to participate during the hearing could arrange to provide oral testimony by making arrangements to do so in advance of the meeting. Following the closing of the public hearing and the record, the Planning Commission considered the materials received and testimony presented and denied the application, noting that they did not believe the application materials included sufficient information and analysis to adequately demonstrate that the proposal would 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 commercial retail use of the C-1 zone. 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 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 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the application materials, staff report, public testimony and exhibits received. 2.2 The Planning Commission finds that the proposal for Site Design Review and Conditional Use Permit approvals fails to meet all applicable criteria for Site Design Review described in AMC 18.5.2.050 and for a Conditional Use Permit described in AMC 18.5.4.050.A. PA-T1-2021-00141 May 11, 2021 Page 5 Staff Discussion: Procedural Matters 120-Day Deadline: The application was submitted on January 21, 2021 and deemed complete on February 20, 2021. After attending the Historic Commission meeting to discuss the proposal in March, the applicant granted a 30-day extension to allow for the submittal of additional materials for review at the April 7, 2021 Historic Commission meeting. With that extension, the 120-day timeline ends on July 20, 2021. Site Design Review: The application involves a new addition in the C-1 zone, and as such requires Site Design Review approval as required in AMC 18.5.2.020.A.1. The building and site improvements are existing, and as such the requested Site Design Review is limited to consideration of the proposed changes as they relate to the applicable criteria and standards. Non-Conforming Development/Conditional Use Permit: The existing development of the property is considered a non-conforming development as detailed in AMC 18.1.4.010.C. The existing buildings on the subject Tax Lot #7600 (and the adjacent Tax Lot #7500, which is not part of the current request) has previously been used as a church (The Christian Life Fellowship Foursquare Church) which the application materials note as having weekly services with seating for up to 244 churchgoers. The required off-street parking ratio for a religious institution is one off-street parking space per four seats, and as such 244 seats would require 61 off-street parking spaces. There are no off-street parking spaces available on the subject Tax Lot #7600. AMC 18.1.4.040.A provides that repair and maintenance of non-conforming developments where the development is not altered in a way that brings the development less into conformity with standards is exempt from land use review, but that the enlargement or alteration of a non-conforming development is subject to Conditional Use Permit approval. Here the non-conforming development is being altered both by the change of use from a church to proposed office and assembly use, and by separating the two contiguous tax lots which together have made up the church campus since 1993 and instead considering the future use of each tax lot separately. Street Tree Removal Permits: The application proposes to remove and replace two Callery Pear (Pyrus calleryana) street trees in the park row planting strip along East Main Street. Street Tree Removal Permits are a ministerial action as they are not considered to require the exercise of substantial discretion, are regulated through AMC Section 13.06, and are approved by the Staff The Street Tree Consolidated Review Procedures allows the applicant to apply for all permits for a project proposal at one time. In reviewing the request, Tree Commissioners noted that while the tree removals were not requested based on the trees being hazardous, dead or in immediate danger of collapse, the trees here have been in place for more than 30 years and have not shown substantial growth. In addition, Callery Pears are described by the applicant as a poor landscape choice, particularly in a valley that has a commercial pear-growing industry where poorly maintained trees could become a vector for pests or disease. Tree Commissioners supported the request for removal provided that the removals were mitigated within 12 months with two-inch caliper specimens that would achieve a large stature at maturity, and that irrigation be provided. Tree Commissioners specifically recommended (Acer x freemanii vars) (Acer rubrum maples as suitable mitigation species. PA-T1-2021-00141 May 11, 2021 Page 6 2.3 The Planning Commission concludes that the proposal fails to satisfy all applicable criteria for Site Design Review approval. The Planning Commission finds that the application involves a new addition in the C-1 zone, and as such requires Site Design Review approval as required in AMC 18.5.2.020.A.1. The Planning Commission further finds that because the building and site improvements are already in place, the requested Site Design Review is limited to consideration of the proposed changes as they relate to the applicable criteria and standards. The changes proposed include the addition of a new entry at the corner, changes to the exterior treatment of the existing building, and the removal and replacement of the rear stairs and creation of a new rear entry and courtyard space, as well as a proposed interior remodel and change of use. The first approval criterion for Site Design Review approval 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, lot area and dimensions, density and floor area, lot coverage and building height are existing conditions which are not changing with the current proposal. The Planning Commission further finds that the , as the new corner addition with an atrium and storefront entry creates a stronger orientation the corner as sought in the Building Placement, Orientation and Design Standards as further detailed in the discussion of part 18.4 below. The second approval criterion deals with overlay zones, and requires that,The proposal complies with The Planning Commission finds that the property is located within the Detail Site Review, Ashland Railroad Addition Historic District, and Wildfire Lands overlay zones. The Detail Site Review overlay requires that the application address the Detail Site Review Standards in AMC 18.4.2.040.C. Buildings are required to have a minimum floor area ratio of at least 0.50. In this instance, the subject property is 3,484 square feet in area and a floor area of at least 1,742 square feet is required represents a floor area ratio of approximately 1.32, more than satisfies the minimum floor area ratio requirement. The Commission further finds that more than 20 percent of the wall area facing the street is provided in windows and doorways, that there are no blank walls, and that there are substantial changes in relief on the surface of the existing building. The proposal here improves relief and fenestration, and adds a new roof extension to provide pedestrian coverage from the rain and sun at the entry. Where proposed buildings are greater than 10,000 square feet in gross floor area or contain more than 100 feet of building frontage, the Additional Standards for Large Scale Projects in AMC 18.4.2.040.D must also be addressed. The Planning Commission finds that in this instance, the existing building is less than 10,000 square feet in gross floor area and does not have frontages of more than 100 feet, and PA-T1-2021-00141 May 11, 2021 Page 7 as such is not subject to the Additional Standards for Large Scale Projects. The Historic District Development Standards and Historic Commission review are discussed under part 18.4 below. The Planning Commission further finds that the subject property is located within the Wildfire Lands overlay zone, and as such a Fire Prevention and Control Plan addressing the General Fuel Modification Area requirements in AMC 18.3.10.100.A.2 must be provided for the review of the Fire Marshal prior to bringing combustible materials onto the property, and any 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. Based on the foregoing, the Planning Commission finds that this first criterion is satisfied. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided Staff Discussion: Part 18.4 Historic District Development (AMC 18.4.2.050) As this is being written, the Historic Commission has not reviewed the most recent submittal materials for compliance with the Historic District Development Standards. After reviewing the initial submittal materials in March, Historic Commissioners were generally positive about the building design as illustrated in the color architectural renderings. However, Commissioners were unable to determine whether the proposal was consistent with the applicable design standards because the building details were not sufficiently clear in the elevation drawings provided and there were inconsistencies between the elevations and floor plans provided and the color architectural renderings. In particular, the Historic Commission noted that: The initial site plan and elevations were not readable with all drawings combined on one page (i.e., site plan, elevations, floor plans) and were not drawn to scale as required by AMC 18.5.2.040. Applicants were asked to submit plans and elevations that were scaled for printing on 11-inch x 17-inch paper, and to provide cross-sections as required in AMC 18.5.2.040.B.4.d. The initial floor plan shows a door facing East Main Street while the architectural renderings do not. Commissioners asked for clarification of the location of the main building entrance and that proposed entrance(s) be shown on the elevations and floor plans. Commissioners expressed concern about the use of brick for the base of building and questioned how brick would align with existing window and door openings. Commissioners requested details on window and door types and sizes, siding and trim types and sizes, and other specifics about the proposed exterior building materials. Commissioners noted that the east elevation would also be visible from East Main Street, and commented that it was difficult to see in the drawings where windows were located on the east elevation. PA-T1-2021-00141 May 11, 2021 Page 8 Commissioners relation to the east elevation, with some suggesting that the tower feature needed to be differentiated on the east elevation, rather than using different building materials on the north (stucco) and east (horizontal siding) elevations. One suggestion discussed was wrapping the stucco that is use west elevation. meeting on th April 7, and their written recommendations will be provided to the Planning Commission prior to th the April 13 hearing. Should the Planning Commission choose to approve the request, Planning staff would recommend that the Historic Commission of approval. Parking, Access & Circulation (18.4.3) As proposed, the applicant seeks approval to allow the approximately 4,630 square foot building to be used as office space and that 1,900 square feet of that space also have the ability to be used as an assembly use to accommodate conferences, trade shows and meetings. Parking ratios for office use are generally straightforward, with one off-street parking space required for each 500 square feet of office space. A 4,630 square foot building requires ten off-street parking spaces (4,630 sq. ft./1 off-street space per 500 sq. ft. = 9.26 off-street spaces required). The assembly space is less clear. While there is no specific parking ratio listed for a trade show or conference center venue and there is no allowance for a conference center/trade show venue as a permitted use in the C--street parking space per four seats. The application materials describe the assembly use as accessory component of the office use, but also indicate that, The property owner and the potential tenant are not intending for a concert venue to replace the previous church functions but wants to assure the building is able to retain uses allowed as permitted uses in the C-1 zone. These include the permitted historical evidence of on-site parking. Anticipated assembly events would be for the tenants of the office space. One of the companies courted for tenancy has business conference events and business supporting events. The company is a technology-based industry and envisions the space being used to help promote their and similar businesses to boost the economy and technology advancement for Ashland business sector. The subject property is part of a non-conforming development with no off- street parking available, and the separation of the two component tax lots and change of use triggers a Conditional Use Permit analysis of the impacts in comparison to the target retail use of the property, as detailed in the Conditional Use Permit discussion below. Without details of the number and frequency of assembly events or the number of potential attendees, or a clearer indication of the parameters of the assembly use in terms of being intended as accessory to the office use but also seeking to reserve the option for all potential uses permitted in the C-1 zone including an s parking discussion to clearly determine the potential parking impacts of the proposal and as such, it is not PA-T1-2021-00141 May 11, 2021 Page 9 possible to make a clear finding that the application satisfies the parking-related criteria for Site Design Review or a Conditional Use Permit. Based on the foregoing, the Planning Commission concludes that the proposal fails to comply with the applicable Site Development and Design Standards for part 18.4. 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 Water, sanitary sewer and stormwater are in place from the Fifth Street right-of-way, and both East Main Street and Fifth Streets are public streets which are improved with paving, curb, gutter, sidewalk, storm drain, and park row planting strips in place and that street trees are to be removed and new trees planted. The Planning Commission finds that there are public facilities in place to serve the existing building, and that no changes to the property are proposed which would further impact public facilities. The Commission concludes that this criterion has been satisfied. The final criterion foException to the Site Development and Design StandardsThe application has requested no exceptions, and as such this criterion does not apply. As detailed above, the Planning Commission concludes that the proposal fails to satisfactorily address the requirements for Site Design Review approval and specifically part 18.4. 2.5 The Planning Commission finds that the proposal fails to satisfy all of the applicable standards specific to a Conditional Use Permit. The first criterion for 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 The second criteriThat adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, The third approval 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 PA-T1-2021-00141 May 11, 2021 Page 10 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 fourth approval criterion is that, The final criterion notes that, ional use permit applications for d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all Staff Discussion: Conditional Use Permit and Impact Area When Compared to the Development of the Subject Lot with the Target Use of the As detailed above, the existing development of the property is considered a non-conforming development as detailed in AMC 18.1.4.010.C. The previous church use, which the application indicates had seating for as many as 244 churchgoers requiring 61 off-street parking spaces, had no off-street parking available on the subject Tax Lot #7600. AMC 18.1.4.040.A provides that repair and maintenance of non-conforming developments where the development is not altered in a way that brings the development less into conformity with standards is exempt from land use review, but that beyond that the enlargement or alteration of a non-conforming development is subject to Conditional Use Permit approval. Here the non-conforming development is being altered both by the change of use from a church to a combined office and assembly use, and by separating the two contiguous tax lots which together have made up the church campus since 1993 and instead seeking to consider the future use of each tax lot individually. 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 oEvaluation of the effects of the proposed use on the impact area is directed in the criteria to consider factors of livability in relation to the target use of the zone including: a) similarity in scale, bulk, and coverage; b) generation of traffic and effects on surrounding streets; 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. The target use for C-1 property is noted as general retail commercial use of the subject property developed to a 0.50 floor area ratio, which would equate to 1,742 square feet of retail space for the subject property. Conditional Use Permits are also specifically noted as not allowing a use that is specifically prohibited, or one that is not permitted, in the zone. PA-T1-2021-00141 May 11, 2021 Page 11 The Site The subject property is 3,484 square feet in area and is located at the northeast corner of East Main and Fifth Streets, within the C- Historic District, Detail Site Review and Wildfire Lands overlay zones. The existing 4,630 square foot building previously contained the sanctuary and church offices for the Christian Life Fellowship Foursquare Church. No off-street parking is available of the subject property. (The adjacent property to the rear of the sanctuary is located at 48 Fifth Street contains an approximately 1,200 square foot building which was added to the church campus as a fellowship hall in 1994. The application materials provided include a copy of the decision for PA #93-123 which noted in part that because the fellowship hall did not increase the seating capacity of the church sanctuary at the time, it was not seen as an intensification of the church use and as such the city could not require the improvement of parking spaces. With the fellowship hall construction, three gravel spaces were shown to be installed off of the alley and a condition was included to require that at least one space be accessible and include signage and an accessible route. The current site plan illustrates four spaces in place off of the alley. These are surfaced in gravel and are not marked or otherwise signed as accessible. 48 Fifth Street is not part of the current application.) The Building The building is described as having an approximately 1,900 square foot church sanctuary of the ground floor which accommodated up to 244 churchgoers. The upper floor consists of approximately 750 square feet of office space, with an additional 1,980 square feet of office space in a daylight basement. Target Use As noted above, the target use of the property is general retail commercial use. Because the property is located within the Detail Site Review overlay zone, the target use is retail built to a Floor Area Ratio of 0.50 which equates to 1,742 square feet of retail space for the 3,484 square foot lot. 1,742 square feet of retail would require five off-street parking spaces (1,742 sq. ft./1 parking space per 350 sq. ft. = 4.977 parking spaces). Church Use The previous church use is described as including church services for 100-244 churchgoers and church-related events such as weddings and funerals on Fridays, Saturdays and Sunday. In addition, on weekdays, church offices were open with a staff of three to five, and a pre-school served approximately 30 students with three teachers. The space is also noted as having being used for community events as well as art and music classes throughout the week, as could reasonably be expected to occur with church use. Proposed Office & Assembly/Conference/Trade Show/Meeting Use The initially-submitted narrative materials explain that the proposal is to convert the church building into a modern office building which includes an approximately 1,900 square foot assembly or group space that is part of the office uses. Existing church and multi-purpose room to be used as professional office space able to accommodate trade events, conferences and PA-T1-2021-00141 May 11, 2021 Page 12 meeting space. In no event will occupant load exceed that already allowed for the church function (i.e. one per 15 square feet if seated, or one per seven square feet if standing). Subsequent narrative proposal seeks to allow for uses that have been historically allowed (offices and a 1,900 square foot gathering space). This proposal seeks to allow for use of the building as an office tenancy and allows for the tenants to utilize the space to host business associated more limited than a busy Saturday/Sunday event space, 56 weeks a year at a thriving religious institution that included offices, pre-school and community space. The existing use of the property requires 61 parking spaces, and none are provided on-site. The proposed use of the site as assembly and general office space will not increase parking demand beyond the current required number of parking spaces and is considered a decrease in occupancy. In considering the proposal, staff note that the previous use was not as offices and a 1,900 square foot which is a Conditional Use Permit in the C-he component uses operating as reasonably expected accessory uses to a religious institution were not separately established as stand-alone uses but components of the church use. Some, such as a pre- school or event space would not be permitted in their own right in the C-1 zone if not under the umbrella of a church. While the applicant asserts that the proposed use should be allowed as long as will not increase parking demand beyond the current required number of parking spaces, entirely changing the use of an existing non-conforming development and removing one of the two properties of the existing church campus which contains the only associated off-street parking requires review in terms of the Conditional Use Permit criteria and must consider the proposal in light of the adverse materials impacts on the livability of the target area when compared to the target retail use of the property rather than in comparison to the parking demand of the previous non-conforming development of the property. Given that the proposal is for adaptive re-use of an existing site and building with an existing non- conformity in that only three off-street parking spaces are available on the church campus, and the lot containing those spaces is not part of this adaptive reuse proposal, staff believes that the key generation of traffic and effects on surrounding streets noted in AMC 18.5.4.050.A.3.b. and requires comparison of the combined impacts in terms of parking and trip generation for the proposed 4,630 square foot office building where 1,900 square feet would also accommodate assembly use with the parking and trip generation for a 1,742 square foot retail building. While the application describes the proposed assembly use as associated with the office use with a total occupancy that will not exceed that of the previous church, it notes the possibility of the assembly use to include events, conferences and meeting with no clear detail of how frequent these events would be, what their duration would be, how many attendees they might accommodate, or how in combination with the proposed office use they would compare to the target retail use of the property. The application further notesThe property owner and the potential tenant are not intending for a concert venue to replace the previous church functions but wants to assure the building is able to retain uses allowed as permitted uses in the C-1 zone. These include the permitted use a PA-T1-2021-00141 May 11, 2021 Page 13 historical evidence of on-site parking. Anticipated assembly events would be for the tenants of the office space. One of the companies courted for tenancy has business conference events and business supporting events. The company is a technology-based industry and envisions the space being used to help promote their and similar businesses to boost the economy and technology advancement for Staff recognize that the allowances for modification of non-conforming developments are vitally important in maintaining viable options for the adaptive re-use of properties that developed prior to current standards such as the subject property here. Staff believe that the exterior modifications proposed represent a substantial improvement to the site, and we are strongly supportive of finding an option for re-use of the property that is beneficial to the applicant, the surrounding historic district and the broader community. However, in final assessment, the proposal lacks the necessary evaluation and analysis of the impacts of the proposed changes to the existing non-conforming development with regard to parking and trip generation to support a finding that there will be no greater adverse material impact to the surrounding neighborhood than would result from the target retail use of the property, and on that basis, staff recommend that the application be denied. 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 and Conditional Use Permit approval to modify the existing non- conforming development at 599 East Main Street, where no off-street parking is available, by converting the former church sanctuary building to a modern office building with assembly space to accommodate conference, trade shows and meetings is not supported by evidence contained within the whole record. While the Commission recognizes the importance of the allowances for modification of non-conforming developments to enable adaptive reuse of properties which were originally developed prior to current standards, here the application lacks sufficient information and analysis of the impacts of the proposed changes to the existing non-conforming development with regard to parking and trip generation for the assembly use to support a finding that there will be no greater adverse material impact to the surrounding neighborhood than would result from the target retail use of the property. The application proceeds on an assumption that any use permitted within the C-1 zone is allowable as long as the required parking does not exceed the parking required for the previous non-conforming church development, while the non-conforming development section in AMC 18.1.4.040.B is clear that the alteration of a non- conforming development is subject to Conditional Use Permit approval, which requires consideration of the adverse material effects of the proposal on the livability of the impact area in comparison with the development of the subject lot with the target use of the zone rather than with the previous non- conforming development. On that basis, the Planning Commission concludes that the proposal does not merit approval. Therefore, based on our overall conclusions, we deny Planning Action #PA-T1-2021-00141. PA-T1-2021-00141 May 11, 2021 Page 14 May 11, 2021 Haywood Norton, Chair Date Planning Commission Approval PA-T1-2021-00141 May 11, 2021 Page 15 T S N LV E Friday 8AM Parking Occupancy Rates A RM U N T A A S LN S I E R N S L S E 0 - 49% P S A T Ashland Buildings T V A W E U T S G Ashland UGB H 50 - 84% S U O R B C LE A R CR E E K D R 85 - 100% T S K T A S H O L L I I G H B H O N S T T T S S H H C D R T U N 4 H P C 2 L N A Z AW I L L L P B B D S A T U O M D T S T G T S E S W H D Y T R 5 3 T S CH S T T 7 Y W E K I P S T N S E D D N L T2 S Y E LO T U NS G V I S T A E S M A TI N S T R A B E A CH V A V E N W T OS I OS S GLE NVIEW DR K N D I Y O P L O U B T R L O W ST ONTVIE M T M S S I S N K T I Y O S O I U A N ST R AW BE R RT Y LN L B U L S L I S E O R N T CS PEA RL ST S T L E B L A LIN E S T D I H A E M Miles 00.10.20.30.40.50.05 Downtown Ashland Parking Occupancy Rates October 2013 T S N LV E Friday 10AM Parking Occupancy Rates A RM U N T A A S LN S I E R N S L S E 0 - 49% P S A T Ashland Buildings T V A W E U T S G Ashland UGB H 50 - 84% S U O R B C LE A R CR E E K D R 85 - 100% T S K T A S H O L L I I G H B H O N S T T T S S H H C D R T U N 4 H P C 2 L N A Z AW I L L L P B B D S A T U O M D T S T G T S E S W H D Y T R 5 3 T S CH S T T 7 Y W E K I P S T N S E D D N L T2 S Y E LO T U NS G V I S T A E S M A TI N S T R A B E A CH V A V E N W T OS I OS S GLE NVIEW DR K N D I Y O P L O U B T R L O W ST ONTVIE M T M S S I S N K T I Y O S O I U A N ST R AW BE R RT Y LN L B U L S L I S E O R N T CS PEA RL ST S T L E B L A LIN E S T D I H A E M Miles 00.10.20.30.40.50.05 Downtown Ashland Parking Occupancy Rates October 2013 T S N LV E Friday 12PM Parking Occupancy Rates A RM U N T A A S LN S I E R N S L S E 0 - 49% P S A T Ashland Buildings T V A W E U T S G Ashland UGB H 50 - 84% S U O R B C LE A R CR E E K D R 85 - 100% T S K T A S H O L L I I G H B H O N S T T T S S H H C D R T U N 4 H P C 2 L N A Z AW I L L L P B B D S A T U O M D T S T G T S E S W H D Y T R 5 3 T S CH S T T 7 Y W E K I P S T N S E D D N L T2 S Y E LO T U NS G V I S T A E S M A TI N S T R A B E A CH V A V E N W T OS I OS S GLE NVIEW DR K N D I Y O P L O U B T R L O W ST ONTVIE M T M S S I S N K T I Y O S O I U A N ST R AW BE R RT Y LN L B U L S L I S E O R N T CS PEA RL ST S T L E B L A LIN E S T D I H A E M Miles 00.10.20.30.40.50.05 Downtown Ashland Parking Occupancy Rates October 2013 T S N LV E Friday 2PM Parking Occupancy Rates A RM U N T A A S LN S I E R N S L S E 0 - 49% P S A T Ashland Buildings T V A W E U T S G Ashland UGB H 50 - 84% S U O R B C LE A R CR E E K D R 85 - 100% T S K T A S H O L L I I G H B H O N S T T T S S H H C D R T U N 4 H P C 2 L N A Z AW I L L L P B B D S A T U O M D T S T G T S E S W H D Y T R 5 3 T S CH S T T 7 Y W E K I P S T N S E D D N L T2 S Y E LO T U NS G V I S T A E S M A TI N S T R A B E A CH V A V E N W T OS I OS S GLE NVIEW DR K N D I Y O P L O U B T R L O W ST ONTVIE M T M S S I S N K T I Y O S O I U A N ST R AW BE R RT Y LN L B U L S L I S E O R N T CS PEA RL ST S T L E B L A LIN E S T D I H A E M Miles 00.10.20.30.40.50.05 Downtown Ashland Parking Occupancy Rates October 2013 T S N LV Friday 4PM Parking Occupancy Rates E A RM U N T A A S LN S I E R N S L S E 0 - 49% P S A T Ashland Buildings T V A W E U T S G Ashland UGB H 50 - 84% S U O R B C LE A R CR E E K D R 85 - 100% T S K T A S H O L L I I G H B H O N S T T T S S H H C D R T U N 4 H P C 2 L N A Z AW I L L L P B B D S A T U O M D T S T G T S E S W H D Y T R 5 3 T S CH S T T 7 Y W E K I P S T N S E D D N L T2 S Y E LO T U NS G V I S T A E S M A TI N S T R A B E A CH V A V E N W T OS I OS S GLE NVIEW DR K N D I Y O P L O U B T R L O W ST ONTVIE M T M S S I S N K T I Y O S O I U A N ST R AW BE R RT Y LN L B U L S L I S E O R N T CS PEA RL ST S T L E B L A LIN E S T D I H A E M Miles 00.10.20.30.40.50.05 Downtown Ashland Parking Occupancy Rates October 2013 T S N LV Saturday 8AM Parking Occupancy Rates E A RM U N T A A S LN S I E R N S L S E 0 - 49% P S A T Ashland Buildings T V A W E U T S G Ashland UGB H 50 - 84% S U O R B C LE A R CR E E K D R 85 - 100% T S K T A S H O L L I I G H B H O N S T T T S S H H C D R T U N 4 H P C 2 L N A Z AW I L L L P B B D S A T U O M D T S T G T S E S W H D Y T R 5 3 T S CH S T T 7 Y W E K I P S T N S E D D N L T2 S Y E LO T U NS G V I S T A E S M A TI N S T R A B E A CH V A V E N W T OS I OS S GLE NVIEW DR K N D I Y O P L O U B T R L O W ST ONTVIE M T M S S I S N K T I Y O S O I U A N ST R AW BE R RT Y LN L B U L S L I S E O R N T CS PEA RL ST S T L E B L A LIN E S T D I H A E M Miles 00.10.20.30.40.50.05 Downtown Ashland Parking Occupancy Rates October 2013 T S N LV Saturday 10AM Parking Occupancy Rates E A RM U N T A A S LN S I E R N S L S E 0 - 49% P S A T Ashland Buildings T V A W E U T S G Ashland UGB H 50 - 84% S U O R B C LE A R CR E E K D R 85 - 100% T S K T A S H O L L I I G H B H O N S T T T S S H H C D R T U N 4 H P C 2 L N A Z AW I L L L P B B D S A T U O M D T S T G T S E S W H D Y T R 5 3 T S CH S T T 7 Y W E K I P S T N S E D D N L T2 S Y E LO T U NS G V I S T A E S M A TI N S T R A B E A CH V A V E N W T OS I OS S GLE NVIEW DR K N D I Y O P L O U B T R L O W ST ONTVIE M T M S S I S N K T I Y O S O I U A N ST R AW BE R RT Y LN L B U L S L I S E O R N T CS PEA RL ST S T L E B L A LIN E S T D I H A E M Miles 00.10.20.30.40.50.05 Downtown Ashland Parking Occupancy Rates October 2013 T S N LV E Saturday 12PM Parking Occupancy Rates A RM U N T A A S LN S I E R N S L S E 0 - 49% P S A T Ashland Buildings T V A W E U T S G Ashland UGB H 50 - 84% S U O R B C LE A R CR E E K D R 85 - 100% T S K T A S H O L L I I G H B H O N S T T T S S H H C D R T U N 4 H P C 2 L N A Z AW I L L L P B B D S A T U O M D T S T G T S E S W H D Y T R 5 3 T S CH S T T 7 Y W E K I P S T N S E D D N L T2 S Y E LO T U NS G V I S T A E S M A TI N S T R A B E A CH V A V E N W T OS I OS S GLE NVIEW DR K N D I Y O P L O U B T R L O W ST ONTVIE M T M S S I S N K T I Y O S O I U A N ST R AW BE R RT Y LN L B U L S L I S E O R N T CS PEA RL ST S T L E B L A LIN E S T D I H A E M Miles 00.10.20.30.40.50.05 Downtown Ashland Parking Occupancy Rates October 2013 T S N LV E Saturday 2PM Parking Occupancy Rates A RM U N T A A S LN S I E R N S L S E 0 - 49% P S A T Ashland Buildings T V A W E U T S G Ashland UGB H 50 - 84% S U O R B C LE A R CR E E K D R 85 - 100% T S K T A S H O L L I I G H B H O N S T T T S S H H C D R T U N 4 H P C 2 L N A Z AW I L L L P B B D S A T U O M D T S T G T S E S W H D Y T R 5 3 T S CH S T T 7 Y W E K I P S T N S E D D N L T2 S Y E LO T U NS G V I S T A E S M A TI N S T R A B E A CH V A V E N W T OS I OS S GLE NVIEW DR K N D I Y O P L O U B T R L O W ST ONTVIE M T M S S I S N K T I Y O S O I U A N ST R AW BE R RT Y LN L B U L S L I S E O R N T CS PEA RL ST S T L E B L A LIN E S T D I H A E M Miles 00.10.20.30.40.50.05 Downtown Ashland Parking Occupancy Rates October 2013 T S N LV E Saturday 4PM Parking Occupancy Rates A RM U N T A A S LN S I E R N S L S E 0 - 49% P S A T Ashland Buildings T V A W E U T S G Ashland UGB H 50 - 84% S U O R B C LE A R CR E E K D R 85 - 100% T S K T A S H O L L I I G H B H O N S T T T S S H H C D R T U N 4 H P C 2 L N A Z AW I L L L P B B D S A T U O M D T S T G T S E S W H D Y T R 5 3 T S CH S T T 7 Y W E K I P S T N S E D D N L T2 S Y E LO T U NS G V I S T A E S M A TI N S T R A B E A CH V A V E N W T OS I OS S GLE NVIEW DR K N D I Y O P L O U B T R L O W ST ONTVIE M T M S S I S N K T I Y O S O I U A N ST R AW BE R RT Y LN L B U L S L I S E O R N T CS PEA RL ST S T L E B L A LIN E S T D I H A E M Miles 00.10.20.30.40.50.05 Downtown Ashland Parking Occupancy Rates October 2013 ASHLAND HISTORIC COMMISSION Planning Application Review March 3, 2021 PLANNING ACTION: PA-T1-2021-00141 SUBJECT PROPERTY: 599 E. Main St. APPLICANT/OWNER: Rogue Planning and Development Services, LLC for Livni Family Trust (Gil Livni, Trustee) DESCRIPTION: A request for Site Design Review approval to modify the existing building at 599 East Main Street including converting the former church to use as office/assembly space and adding a new entry. The application also includes requests for a Conditional Use Permit as it involves the alteration of an existing non-conforming development where no off-street parking is available, and Street Tree Removal Permits to remove and replace two Callery Pear street trees (10.2-inch & 12.7-inch DBH) in the park row planting strip along East Main Street. COMPREHENSIVE PLAN DESIGNATION:ZONING: Commercial; C-1; 39 1E TAX LOT: 09AC; 7600 Recommendation: The Historic Commission recommends continuing the application to allow the following items to be addressed. The Historic Commission was generally positive about the building design as shown in the color architectural renderings. However, the Commission was unable to determine whether the proposal is consistent with the applicable design standards because the building details are not clear in the elevations or there is an inconsistency between the floor plans and architectural renderings (i.e., color drawings of building). The site plan and elevations are not readable with all drawings combined on one page (i.e., site plan, elevations, floor plans) and are not to scale as required by 18.5.2.040. Please submit plans and elevations Also see cross section requirements in 18.5.2.040.B.4.d. The floor plan shows a door facing E. Main St. but the architectural renderings do not. Please clarify the location of the main building entrance and show the proposed entrance(s) on the elevations and floor plans. Concerned about use of brick for the base of building and how the brick will align with existing window and door openings. Include details on window and door type and size, siding and trim type and size, and other specifics about other exterior building materials. The east elevation is also visible from E. Main St. The Commission commented that it was difficult to see where the windows are located on the east elevation. of the front entry feature in relation to the east elevation. Some members suggested that the tower feature needs to be differentiated on the east elevation, rather than using different building materials on the north 1 (stucco) and east (horizontal siding) elevations. One suggestion that was discussed is wrapping the stucco that is used on the on the east elevation west elevation. 2 ASHLAND TREE COMMISSION PLANNING APPLICATION REVIEW COMMENT SHEET March 4, 2021 PLANNING ACTION:PA-T1-2021-00141 SUBJECT PROPERTY:599 East Main Street APPLICANT/OWNER:Rogue Planning & Development Services, LLC for Livni Family Trust (Gil Livni, ) Trustee DESCRIPTION:A request for Site Design Review approval to modify the existing building at 599 East Main Street including converting the former church to use as office space with occasional assembly uses (convention, trade show, etc.) and adding a new entry. The application also includes requests for a Conditional Use Permit as it involves the expansion of an existing non-conforming development where no off-street parking is available, and Street Tree Removal Permits to remove two Callery Pear street trees (10.2-inch DBH& 12.7-inch DBH) in the park row planting strip along East Main Street. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; MAP: 39 1E 09AC; TAX LOT #: 7600 The tree commission notes that while they are approving the removal of the two street trees this application does not meet any of the three approval criteria for street removal (hazard, emergency, dead) Cates/GouldM/S to approve the application with the recommendation that the mitigation tree be large stature at maturity and acaliper at least two inches. (suggested species include Autumn BlazeorRedFlameMaple)along with appropriate irrigation, 4-0 The Tree Commission recommends approvingthe application subject to the following: 1.That within one year of removal at one mitigation tree which shall be a large stature at maturity and at least two caliper inches be planted. 2.Appropriateirrigation to serve the tree is required. Department of Community DevelopmentTel: 541-488-5350 51 Winburn WayFax: 541-552-2050 Ashland, Oregon 97520TTY: 800-735-2900 www.ashland.or.us Planning Division Commercial Site Review 51 Winburn Way, Ashland, OR 97520 541-488-5305 Valuation Estimate 599 E Main Street Street Address:__________________________________________________________________________________ Renovation of existing church structure, removal of a portion of the structure Description of Project: ____________________________________________________________________________ addition of new public entry from East Main and 5th. _________________________________________________________________________________________________ Gil Livni Applicant: _______________________________________________________________________________________ Livni Family Trust - Gil Livni Trustee Property Owner: __________________________________________________________________________________ Gil Livni Valuation Estimate Prepared by: ____________________________________________________________________ 510-913-5110magnoliafinehomes@gmail.com Estimator Phone: _________________________ Estimator Email: ____________________________________ DESCRIPTION: VALUATION: Excavation & Earthwork $ 5000 Landscaping $ 3000 Parking Area(s) & Driveways $ 0 Sidewalks/Patios/Walkways $ 12000 New Construction – Materials & Labor Total* $ 57000 TOTAL PROJECT VALUATION: $ 77000 *Building permit valuations shall be based upon the Uniform Fee methodologies as established by OAR 918-050-0100. Received 1.21.2021 Magnolia Fine Homes 599 EAST MAIN STREET Site Design Review and Conditional Use Permit for the non-conforming site Received 1.21.2021 January19, 2021 Site Design Review andConditional Use Permit Review For Exterior Modifications to a Non-Contributing Historic Structure Property Owner: Livni Family Trust 453 Tucker Street Ashland, OR 97520 Applicant:Rogue Planning & Development Services, LLC Amy Gunter 1314-B Center Dr., PMB 457 Medford, OR 97501 Architect: Ron Grimes Architecture 14 N Central Ave. Suite 106 Medford, OR 97501 Subject Property Property Address: 599 East Main Street Map & Tax Lot: 39 1E 09AC; Tax lot 7600 Comprehensive Plan Designation: Commercial Zoning: C-1 Adjacent Zones: C-1, R-2 Railroad Historic District Request: Request for Site Design Review to modify the exterior of the historic, non-contributing structure at the northeast corner ofEastMain Street andFifth Street. A new entry addition to the East Main and Fifth Street façade of the structure is proposed. This new entry is to provide a common atrium-like entry area for the modernized former church structure. The proposal is to convert the space into a modern office building that includes an approximately 1,900 square foot assembly or group space that is part of the office uses within the structure. The purpose is to not intensify the recognized use of the sanctuary portion of the structure as assembly/group occupancy with office portions that operated during ‘typical’office hours during the week and held larger ‘events’ every Sunday and often Friday and Saturday (weddings, funerals, community events, etc.) with Page 1 of 27 Received 1.21.2021 weekly community meeting times and larger group events throughout the calendar year. Based on the photographic evidence provided by the previous occupants, there were between 224-244 seats in the sanctuary area. There is approximatly 750 square feet of office on the second floor and approximately 1,980 square feet of office space in the daylight basement. The primary focus of the proposal the substantial alterations the exterior of the structure to remove an unsightly and poorly constructed addition and materials, with the addition of a pedestrian oriented entry area. Additionally, there are substantial interior changes and structural modifications to the building are necessary and allow for the use of the assembly occupancy space as a lower intensity office space that may have assembly type events on occasion. The proposed interior improvements to fire, life, and safety with the installation of a fire suppression system, improvements to the restrooms to provide accessibility and function, and through the installation of energy efficiency upgrades to the HVAC and electrical systems, the higher intensity occupancy of the assembly rating should be allowed to remain. The existing site development site does not currently comply with several applicable site development standards including parking requirements. The addition of the pedestrian-oriented entry area is considered an expansion of a site that does not comply with the standards; thus, the construction also necessitates a Conditional Use Permit. The use of the site as general office and assembly is the same intensity or less occupancy than the church's occupancy rating thus not triggering a variance to parking as none exists and the proposal does not alter this. Property Description: The subject property is to the northeast of the East Main and Fifth Street intersections. The property isthe southern portion of Lots 8 and 9, Block R, of the Railroad Addition Subdivision, recorded in February 1884. According to the deed, in 1952, the property was divided in 1952. The existing property is approximately 50-feet by 74-feet, 3,484 square feet in area (.08 AC). The property is occupied by an approximately 4,628square foot church sanctuary building that was constructed in the early 1900s. The building appears on the Sanborn Fire Insurance Maps between the 1907 and 1911 mapping period. According to the City of Ashland Historic Resources Inventory, the structure is considered historic due to its age, but non-conforming due to its condition. The structure has an approximately 1,892 square foot main floor chapel area, a 1,980 square foot daylight basement area that has pre-school and Sunday schoolclassrooms and office spaces. The second floor consists of 756 square feet of offices and storage areas. Page 2 of 27 Received 1.21.2021 The building has solid, double entry doors that are up a series of steps from the East Main and Fifth Street frontages. The stairs lead to a dark, un-welcoming entry area. Based on the information available, the structure was resided and “modernized” in the 1980s. The property is zoned Commercial (C-1). The adjacent properties to the north, east, and west that abuts East Main Street are also zoned C-1. The properties furthernorth across the public alley, and diagonally across Fifth Street are zoned Low-Density Residential (R-2). The subject property and the adjacent properties are also within the Railroad Historic District. According to the historic resources inventory, the structure is historic due to its age, but in its present state is considered non-conforming. East Main Street isconsidered an Avenue on theCity ofAshlandTransportation System Analysis. There are bike lanes present on East Main Street. There are a five-foot landscape park row and a five-foot- wide concrete sidewalk. There are two Callery Pears in the park row. Fifth Street abuts the west property line. Fifth Street has a 70-foot-wide right-of-way. Fifth Street is improved with a five-foot sidewalk, landscape Park Row, curb, gutter, and wide vehicle travel lanes. There are two royal red maple street trees in the landscape park row. Proposal: The request is for SiteDesign Review to allow for the renovation of the former church sanctuary building to rehabilitate the structure and to modify the building into a commercialbusiness office suite structure. A major front façade renovation that retains similar mass, scale, and architectural lines but modernizes and improves the orientation of the existing structure is proposed. The proposed modifications to the structure seek to make dramatic improvements to the function of the structurethoughlayoutchanges,installationofcodestandardstairwaysandADAupgrades,energy efficiency improvements, the addition of fire sprinkler system, removal of a dilapidated portionofthe structure at the rear (north side) and drastic modifications to the façade that improve the orientation of the structure to the street, and compliance with the historic district design standards to allow the adaptive reuse of the commercial property. As noted above, it’s important to the prospective tenant that the property retain its existing assembly occupancy rating. The existing site development does not provide vehicle parking, bicycle parking, pedestrian orientation to the public street, nor a screened refuse area. The proposed site improvements of the non-conforming site bring it closer to conformance through the exterior improvements, installation of bicycle parking and a screened trash/recycle refuse area, but does not alter the lack of on-site vehicle parking. There is Page 3 of 27 Received 1.21.2021 nolocation or access tomodify thisnon-conformity and a Conditional UsePermit is requested to retain the non-conforming parking condition. The existing structure exterior consists of a press-board material, lap sidingwith8" exposure.The building has a barrel roof that is behind the parapet of the façade. Theinterior of the sanctuary building includes exposed bowstring trusses. On the existing other façade treatments include 1” X 8” corner boards. The window trim includes a 1” X 4” side and bottom trim and 1” X 6” top trim. On the main floor, large windows with sandwich divided lights are present. The daylight basement windows are side by side sliding windows. The exposed wall of the daylight basement and entry stair is smooth finished cement or stucco. The proposal includes extending the entryway toward the corner of Fifth and East Main Streetby installing a commercial storefront entry area that is atrium like.Theproposed atrium entrythat encloses the front stair area with a brick base and large glass windows. New, aluminum frame, commercial entry doors oriented towards the Fifth and East Main Street intersection are proposed. There is a covered entry area marquee awning proposed that provides a covered entry area. A red brick base with a water table is proposed to replace the smooth cement skim/stuccofinish that existsaroundthebaseofthestructure.Horizontallapsidingisproposedonthestructurewith a smooth stuccotypefinishonthefront‘tower’feature.Theexistingstairwelltothesecondstoryisaccessedfrom the single door that faces Fifth Street, the "tower" element will have windows added and a newstairway leadingup the second-floor offices. New windows will feature divided lights tomatchthe existing window pattern found on the ground floor. There are smaller, double-hung windows on the secondfloor that are visible to East Main Street, this shape, style, and pattern will be maintained. The existing use of 599 E Main Street as a churchsanctuary,including administrative offices, a pre-school, communitymeetingspace,event space, and community gathering space,in the main sanctuary building requiredmorethan 60 parking spaces. This number of parkingspaceswas determined basedonphotos of the interior of the space, and the uses of the space according to the previous owners. The sanctuary space photos provided by the church show 224 - 244 seats. There were 16 rows of 7 chairs and an additional circle of 20-chairs. A space with 224 seats would require at least 56 parking spaces. The office space in the basement and the second floor would have required an additionalfiveparking spaces.Duetothesheer numberof spaces required with these two uses, the additional parking spaces generated with the use of the pre-school area as a pre-K/daycare during the week were not added. The existing use of the property requires 61 parking spaces, and none are provided on-site. The proposed use of the site as assembly and general office space will not increase parking demand beyond the current required number of parking spaces and is considered a decrease in occupancy. Two treeswill be removed. One is a six-inchDBH One is a cedar tree that is on the east side of the structure and growing immediately adjacenttothe building on the subject property and is immediately adjacent to the structure to the east. The tree has no room for future growth and is on the prohibited plant list. The othertreeproposed for removal is a street tree removal request to remove a Callery Pear Page 4 of 27 Received 1.21.2021 tree from the park row on the East Main Street frontage.This tree has poor canopy growth and is in a generally poor condition when considering it is nearly 30 years old but has not grown vigorously. Findings of fact addressing the criteria fromthe AshlandMunicipalCode is found on thefollowingpages. Page 5 of 27 Received 1.21.2021 CriteriafromtheAshlandLandUseOrdinance Nonconforming Uses and Developments 18.1.4.020 The subject property at 599 E Main Street is noted as a church since at least the 1911 Sanborn Fire Insurance Map publication (see attachments). The 4,628 square foot, two-story with daylight basement. The structure has been in the same location and generally the same shape, orientation, scale, and massing since the earliest photos from the 1970s. There is limited information in the public record of what the church exterior looked like before the 1970s. The existing site development occurred before the creation of the land use ordinance. The non-conforming development is not increasing with the proposal, site development standards such as orientation and bicycle parking will be provided thus increasing conformity. On-site parking has never been provided in conjunction with the development of the site and the proposed use of the structure as an office suite with assembly space will not provide parking. This is not an increase in the non-conforming situation of the site. The proposal is not to alter or eliminate the recognized assembly occupancy but to retain it which allows for by the tenants. he proposal seeks to make substantial exterior modifications to improve the form and function of the T structure, but not to reduce the occupancy. The proposal seeks to allow for the development of modernized office space in conjunction with the existing occupancy, but not to reduce the occupancy of the structure. The structure is considered a historic, non-contributing structure according to the Historic Resources Assessment of the Railroad Historic District. Exterior modifications to Historic Contributing Structures require Site Design Review. No expansions, enlargements, or changes of use are proposed with the application. The proposal seekstorehabilitate the structure and to modify the front façade by installing a new commercialstorestyle entry with double front doors at the grade of the public sidewalk.New horizontal, lap siding, and new windows are also proposed to be added. The FifthStreet façade willremain generally as iswithnew siding and replacing the smooth cementfinishwith a redbrick façade treatment. The existing windows on the east and westelevations are proposed to be retained. These windows are large, with sandwiched divided light. New windows tomatch the size, shape, and style of the existingmain floor window styles are proposed on the EastMain facing 'tower'elementwhere the stairwell up to the second floor will be reconstructed. The upper floor window openings are proposed to remain. Page 6 of 27 Received 1.21.2021 SiteDevelopmentDesignStandardsApprovalCriteria: 18.5.2.050 Approval Criteria An application for Site Design Review shall be approved if the proposal meets the criteria in subsections A, B, C, and D below. A. Underlying Zone. 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. Finding: The 3,484 square foot property is commercially zoned and is nearly completely covered by the existing structure, whichis non-conforming development. The C-1 zoned does not have setbacks required excepting for landscape area, parking, buffering, or building code requirements. The existing 4,682 square foot structure is at or near the property lines. The proposed addition to the entry area in the southeast portion of the structure extends to the property lines. The overhangs of the coveredentry extend to the property lines. The entry door is slightly recessed to provide adequate area for ramping. The new entry area substantially increases orientation to the public street. There is a portion of the structure that was added at some point that is poorly connected on the north side of the structure. This addition is reached via the stairs in the courtyard between the two properties or from within the structure. The addition is at the second story on the Fifth Street side due to the grade change of the property. Placing the structure's post adjacent to the sidewalk and the floor above forehead height. The removal of this 221 square foot structure and the 55 square feet of stair and landing area will not have substantial alterations on the structure's orientation to the street and is diminimis is the amount of parking required for that portion of the building. The removal of the addition improves the orientation of this side of the structure to Fifth Street and removes a poorly design and poorly constructed, non-historic addition. A new metal stair and landing will be provided to provide egress from the second story. The property is in the detailed site review zone and developments are subject to a Floor Area Ratio standard of .5. The property exceeds, the required FAR of 1,742 square feet, with more than 4,600 square feet of building on the 3,484 square foot parcel. The site covers more than 85 percent of the site with impervious surfaces. The proposal removes an area of structure but does not reduce or increase the existing impervious areas. The existing use of 599 E Main Street as a church sanctuary, including administrative offices, a pre- school, community meeting space, event space, and community gathering space, in the main sanctuary building required more than 60 parking spaces. This number of parking spaces was determined based on photos of the interior of the space, and the uses of the space according to the previous owners. The sanctuary space photos provided by the church show 224 - 244 seats. There were 16 rows of 7 chairs and an additional circle of 20-chairs. A space with 224 seats would require at least 56 parking spaces. Page 7 of 27 Received 1.21.2021 The office space in the basement and the second floor would have required an additional five parking spaces. Due to the sheer number of spaces required with these two uses, the additional parking spaces generated with the use of the pre-school area as a pre-K/daycare during the week were not added. The existing use of the property requires 61 parking spaces, and none are provided on-site. The proposed use of the site as assembly and general office space will not increase parking demand beyond the current required number of parking spaces and is considered a decrease in occupancy. There are two on-street parking spaces present along the frontage of the property. Due to the lack of on- site parking, and that there is no way to perform a parking study to demonstrate how the use of the on- street parking spaces is justified thus no further discussion on parking is presented. No on-site parking is present, thus the request for the conditional use permit to not have on-site parking is requested. There is no area or access for parking and the circumstances necessitating the conditional use permit are not able to be remedied through the installation of parking or creation of an off-site parking agreement as there are no parking lotswithin 200-feet that would meet those standards. verlay Zones. Theproposal complies with applicable overlay zone requirements (part B. O 18.3). Finding: The property is subject to the Historic District Standards for exterior additions. As evidenced in the findings below it can be found that the proposed development complies with the historic site development standards and the Secretary of the Interior Standards for the rehabilitation of the historic, non- contributing structure located at 599 East Main Street. C. Site Development and Design Standards. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. 18.4.2.040 Non-Residential Development Finding: The use of thesite is non-residential in the Commercial zone. The proposed exterior modifications will have a positive impact on the streetscape B. Basic Site Review Standards. 1. Orientation and Scale. Finding: The existing structure has a door the facesFifth Street and a set of double doors that face East Main Street. The proposed construction of a coveredentry including glazing and a sidewalk accessible double entry doorway provides a greater orientation to the street than the existing structure presents. The proposed entry addition to the front of the building orients the structureto Page 8 of 27 Received 1.21.2021 the street and the intersection of the two public streets provides direct access from the public sidewalk. The entry doors are proposed to be clearly visible, and the addition of glazing, brick, and horizontal siding provides for substantial changes in materials that emphasize the commercial business entrance. The addition provides less than a 20-foot setback and the entrance is as close to the property line as practicable while allowing ramping for access. The existing structure occupies the majority of the facades. There are no on-site parking or vehicle access areas. 2. Streetscape. Finding: The Fifth Street streetscape is not proposed to be altered. There are two Callery Pear trees in the landscape park row on East Main Street. Both are in fair condition and the proximity of the one closest to the intersection violates the spacing standards. This street treeis proposed for removal. A street tree removal permit has been requested. 3. Landscaping. Finding: The landscaping is pre-existing. There is a narrow, at grade planter along the Fifth Street façade that will have a ground cover installed post-construction. The remainder of the landscape area along the east property line is a “natural state” and is not proposed to be altered. 4. Designated Creek Protection. Finding: Not applicable 5.NoiseandGlare. Finding: Additional light and glare beyond what is standard in the commercial zone are not anticipated. The proposed uses are not substantially noisy beyond typical commercial-zoned uses. New HVAC equipment will improve the noise generated by the existing equipment. New exterior lighting and any newartificial lighting will comply with the standards of 18.4.4.050. Page 9 of 27 Received 1.21.2021 6.Expansion of Existing Sites and Buildings. Finding: The existingsiteis non-conforming in that it does not have any on-site vehicle or bicycle parking. A poorly constructed addition is present on the north side of the structure that is causing damage between the roof of the structure and the north wall of the original historic footprint. There is 221 square feet of building area to be removed, the stair and the landing accessing this space is 55- square-foot portion of the structure is proposed to be removed. The proposed addition to the front of the building is 220 square feet. This consists of atrium entry by enclosing the existingstair and landing and creating an at grade pedestrian entrance. The footprint of the structure is proposed to be decreased by one square feet. Thus no expansion of the non-conforming site improvements. The square footage of the building area removed and reconstructed does modify the parking demands. Most of the site for the purposes of site development standards will remain in a non-conforming status due to the lack of property area that is not covered by structure. The proposal provides for 12 required bicycle parking spaces. These are provided in a U rack at the front of the building between the building and the street. At the rear of the property in the area of the removed portion of the structure, two additional U racks will be installed. The remaining two secure bicycle parking spaces will be provided within the building. These spaces will be provided in the entry area of the basement level office space. The site location, lot size, structure location, setbacks,coverage, landscape areas, lack of vehicle parking area are non-conforming and through the approval of the addition along the front of the structure will not increase the non-conformity. There is no lot area to install any parking, the existing lot coverage is retained and not to be enlarged leaving the site development area and impacts the same as they have been since at least the early 1900s. C. Detailed Site Review Standards. Finding: The subject property is within the DetailedSite Review Standards overlay. The property is in the Detail Site Review Overlay Zone and developments are subject to a Floor Area Ratio standard of .5 of the site area. The property exceeds FAR of 1,742 square feet as there is more than 4,600 square feet of building on a 3,484 square foot parcel. None of the building frontages are greater than 100 feet in length. There ismore than 20 percent of the wall area facing the street as windows and doorways. There are no blank walls. There are substantial changes in relief on the surface of the existing building. The proposal improves these with an improvement in material choices and quality. Additionally, changes in Page 10 of 27 Received 1.21.2021 relief and fenestration are provided through the introduction of a red brick base with a water table toreplace the smooth cement finish that exists around the base of the structure. Horizontal lap siding is proposed on the structure with a smooth stucco type finish on the front 'tower' feature. The existing stairwell to the secondstoryis accessed from the single door that faces Fifth Street, the "tower" elementwill have windows added and the stairway leading up the second-floor offices will be constructed within this architectural element. New windows will feature divided lights to match the existing window pattern found on the ground floor. There are smaller, double-hung windows on the second floor that are visible to East Main Street, this shape, style, and pattern will be maintained. A new roof extension to provide pedestrian coverage from the rain and sun at the entry area is proposed. D. Additional Standards for Large Scale Projects. Finding: The proposed building is less than 10,000 square feetin gross floor area and does not have more than 100-feet of frontage. It is not considered a Large-Scale Building. 18.4.2.050 Historic District Development Finding: The property is locatedwithin the Railroad HistoricDistrict. The proposal is to rehabilitate the exterior of a historic, but non-contributing structure in a manner that retains the form and the shape of the existing structure. The proposed alterations will have a positive impact on the scale,form, and mass. It can be found that the proposed exterior alterations are architecturally compatible with the historic district design standards for a renovated commercial structure. The proposal seeks to modify the front façade by installing a new atrium-style entry area with aluminum and glass, commercial storefront doors. The existing windows on the east and facades are proposed to be retained. New windows of similar size, shape, and style (divided light) as the existing main level windows are proposed. The standards speak to a comparison of historic buildings in the vicinity. In the case of the subject property, the existing structure is commercial and appears commercialin form, setbacks,site coverage, and functions. The immediatelyadjacent properties though zoned commercial have the residential type of structures present, making comparison irrelevant to the proposal. More relevantis to comply with the Historic District Design Standards and depicts an accurate restoration of original architectural features on historic buildings. The proposal is most consistent Page 11 of 27 Received 1.21.2021 with what is known about the architectural features of the structure.There is no evidence that the structure's material façade treatments (or construction method) were anything other than the existing siding material and concrete or smooth stucco base. The applicant believes it can be found that the standards are met with the proposed replacement exterior façade materials. B.Historic District Design Standards. 1.Transitional Areas. Finding: The property is in the commercial zone and is the mostcommercial like structure. The adjacent commercial properties are occupied by residential type of construction. Some of the uses are commercial but the structures are residential in form. It can be found that the exterior modifications incorporate several of the historicdistrict design standard objectives such as a sense of entry, a rhythm of openings, and compatible materials. The proposed restoration of the non-contributing, historic structure is consistent with the standards from the Secretary of the Interior Standards for Historic District 2. Height. Finding: No modifications to the height. 3.Scale . Finding: The scale of the property is not impacted by the proposed exterior modifications. The mass and scale of the structure are proposed to be altered through the removal of a poorly constructed addition at the rear of the building and the addition of a newentry atrium areawith double storefront style entry doors. 4. Massing. Finding: The massing of the structure is not alteredwiththe proposal. The existing exterior treatments provide vertical and historical rhythms. The continued use of horizontal siding is consistent with the historical finish of the structure and the new glazing for the entry and the new windows provides verticalelements to the design. The existing structure is monolithic in its massing a scale. The proposed modifications alter the mass of the ‘tower’ element into smaller, more varied masses. Page 12 of 27 Received 1.21.2021 5.Setback. Finding: The proposed addition at the front of the building continues the same plan as the existing building's historic building plane. 6. Roof. Finding: The roof is screened behind the parapet walls. No changes to the shape, pitch, or materials are proposed. 7.Rhythm ofOpenings. Finding: The proposed addition of a commercial-style entrance provides an additional opening but does not negatively detract from the existing pattern and rhythm of openings. The new windows within the 'tower' element are proposed as the same shape, opening size, materials and form, and the existing historic window pattern on the east and west building facades. 8. Base or Platforms. Finding: The existing structure has a daylight basement that provides a substantial base around the structure. This base is proposed to be resurfaced with a red brick treatment. This will provide a clear definition and a sense of platform for the structure. 9.Form. Finding: The form of the structure is commercial in shape, setback, coverage, more so than adjacent properties. The proposed entry addition will not negatively alter the form. 10. Entrances. Finding; A well-defined, articulated primary entrance is provided into the structure on the Fifth and East Main Street intersection with the atrium entry feature addition. Page 13 of 27 Received 1.21.2021 11.ImitationofHistoricFeatures. Finding: The building modifications and proposed exterior design is consistent withthis standard. The proposed exterior elevations are similar to the known, historical exterior elevation treatments and are in keeping with those materials. The proposed entry enhancements are contemporary in design and the design will enhance the commercial structure. New windows are proposed to be similar in shape, area, size of openings, and they will also be divided light windows. 12.Additions: Finding: The proposed addition is to enhance the primary façade and to be visually prominent. The historic district design standards seek preservation of historic contributing structures, sincethis structure is non-contributing, the preservation of its historic character is unnecessary. 13. Garage: Finding: Not applicable. C.Rehabilitation Standards for Existing Buildings and Additions. 2.RehabilitationStandards. Inaddition to the standards of part 18.4, the approval authorityuses the following standards forexisting buildingsand additionswithin the Historic District Overlay. These standards apply primarily toresidential historic districts, residential buildings in the Downtown Historic District, and National Register-listed historic buildingsnotlocated within theHistoricDistrict Overlay. The purpose of the following standards is to prevent incompatible treatment of buildings in the Historic DistrictOverlay and to ensure that new additions and materials maintain thehistoric and architectural characterof thedistrict. Finding: The proposed exterior modifications are proposed to a non-contributing structure that is within the historic district overlay. The standards would seek generally to retain the important materials, orientation, scale, and massing in context with the existing historically significant structure. The existing structure is not historically significant and lacks characteristics that would be indicative of pre-war, construction techniques, styles, materials, or character. Page 14 of 27 Received 1.21.2021 The findings address how the proposed exterior modifications are vast improvements to a historic, non-contributing, commercially zoned, high occupancy rated structure. a.Historic architectural styles and associated features shall not be replicatedin new additions or associated buildings. Finding: Not applicable, no additions proposed. b.Original architectural features shallbe restored as much as possiblewhen those features can be documented. Finding: The structure lacks evidence of original architecture. The only known photos of the exterior are of the 1980s renovation. The window size, dimensional ratio, sandwiched divided light panes in the main level, and side by side sliders in the basement level is proposed to be retained. c.Replacementfinishesonexteriorwallsofhistoricbuildings shallmatchthe originalfinish.Exteriorfinishesonnewadditionstohistoricbuildingsshallbe compatiblewith,butnotreplicate,thefinishofthehistoricbuilding. Finding: The existing siding on the majority of the structure's façade is a press-board, horizontal lap siding. The proposal is to replace the siding with a hardi-board horizontal lap siding. The smooth-coatedcement foundation is proposed to be overlayed with red brick. The front "tower" element is proposed to have a smooth coat stucco finish. d.Diagonaland vertical sidingshall be avoided onnew additionsoron historic buildings except inthoseinstances where it was used as the original siding. Finding: No vertical siding is proposed. e.Exterior wall colors onnew additions shall match those of the historic building. Finding: Page 15 of 27 Received 1.21.2021 The existing paint colors were beige and mauve. The proposed paint scheme for the exterior includes a dark grey and black trim with natural wood accents. f.Imitative materials including but not limited to asphalt siding, wood textured aluminum siding, and artificial stone shall be avoided. Finding: The proposal includes a redbrick façade treatment. g.Replacement windows in historic buildings shall match the original windows. Windows in new additions shall be compatible in proportion, shape and size, but not replicate original windows in the historic building. Finding: The proposed new windows are compatible in proportion, shape, and sizewith the original windows in the historic portion of the building. All the new windows are proposed to include the 'sandwiched' divided lights as is present in the historic window pattern. h.Reconstructed roofsonhistoricbuildingsshallmatchthepitchandformofthe originalroof.Roofsonnewadditionsshallmatchthepitchandformofthehistoric building,andshallbeattachedat a differentheightsotheadditioncanbe differentiatedfromthehistoricbuilding.Shedroofsareacceptableforone-story rearadditions. Finding: Not applicable i.Asphaltor composition shingle roofs are preferred. Asphalt shingles thatmatch theoriginalroof material in colorand texture are acceptable. Wood shake, wood- shingle, tile, and metal roofsshall be avoided. Finding: The roof is not visible from the ground or adjacent properties. j.Newporches or entries shall be compatible with, but not replicate, the historic character of the building. Finding: Page 16 of 27 Received 1.21.2021 The newentry area is compatible with the historic character of the building and uses glazing with divisions that reflect the rhythm of the divided lights in the windows of the main sanctuary space whichreflects the historic opening shape and locations. k.New detached buildings shall becompatible with the associated historic building and shall conformto theabove standards. Finding: Not applicable l.The latest version oftheSecretary of the Interior’sStandards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be used in clarifying and determining whether the above standards are met. Finding: The proposal is consistent with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines. The original form of the structure is retained, the original cornerelement at the intersection of East Main and Fifth Street is enhanced, and the tower elements are retained. The proposal retains distinctive features (corner orientation, barrel roof behind the façade and the tower type element); retains the finishes (stucco and horizontal siding, divided light windows); and construction techniques or examples of craftsmanship that characterize the structure. D. City Facilities. 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. Finding: There are adequate public facilities that service the property. The water meter is present on Fifth Street. The Sanitary sewer is in Fifth Street. A stormwater sewer line is present in Fifth Street. No changes to the property that would impact the public facilities are proposed. Both East Main Street and Fifth Streets are public streetsimproved with curb, gutter, sidewalk, storm drain, landscape park row, and street trees.One Callery Pear in the EastMain Street park row is proposed for removal. A street tree removal permit has been requested. Page 17 of 27 Received 1.21.2021 E.Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1, 2, or 3, below, are found to exist. Finding: No exceptions are requested. CONDITIONAL USE PERMIT APPROVAL CRITERIA 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 planpoliciesthat are not implementedbyanyCity,State,orFederallaworprogram. Finding: The sitedevelopment is non-conforming with no provisions for on-site parking. The use isto retain the occupancy rating of the religious institution/assembly occupancy and the use of the space for an incoming office tenant. The use of the property as an office is permitted use the in the zone. 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. Finding: There are adequate publicfacilities that service the property. The water meter is present on Fifth Street. The Sanitary sewer is in Fifth Street. A stormwater sewer line is present in Fifth Street. No changes to the property that would impact the public facilities are proposed. Both East Main Street and Fifth Streets are public streetsimproved with curb, gutter, sidewalk, storm drain, landscape park row, and street trees.One Callery Pear in the EastMain Street park row is proposed for removal. A streettreeremovalpermit has beenrequested. 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. Finding: The use of commercial property as a commercial use in the zone will not have a greater adverse effect on the livability of the immediate impact area which is primarily commercially zoned. The target use of the Page 18 of 27 Received 1.21.2021 zone for the site is a 1,742 square foot office building. Anofficestructure of 1,742 would require 3.48 or four (4) parking spaces. The proposal is to retain the existing structure and the existing occupancy rating would require 61 parking spaces based on the number of seats within the sanctuary space where no on-site parking spaces are provided. The existing structureis 4,620 square feet in area. The portion of the building that was used as assembly occupancy is just over 1,800 square feet of the building as seated assembly occupancy (1 sq. per 15 sq. foot floor area) an occupancy of approximately 126 persons is permitted per building code requirements. An occupancy of 126 which would require 31 parking spaces. In the event that the entire structure is office space, the structure requires 9.24 or 10 parking spaces. The property has 74-feet of frontage on Fifth Street,afterremoving 20-feet from frontage, thereis 54-feet remaining. This 54-feet could provide two on-street parking credits.In no casecan the required number of parking spaces for any use, not even a residential use could be on the property without the granting of the conditional use permitto continue the non-conforming development of the commercially zoned site. y in scale, bulk, and coverage. a.Similarit Finding: The proposal is to make small addition to a non-contributing structure on a lot that has a non- conforming development. The scale of the addition is minor in comparison to the area of the structure but will greatly improve the orientation to the public street. The proposal does not increase the bulk, or coverage of the site. b.Generation of traffic and effects on surrounding streets. Increasesin pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. Finding: The generation of traffic and the effects on the surrounding streets by the use of the property as a permitted use or conditional use (assembly occupancy retention) will not have a greater impact than a busy church with Sunday service, community events throughout the week and church business office hours during the weekdays. The proposal includes the installation of bicycle parking facilities. This is to encourage bicycle ridership. The proposed pedestrian entrance enhancements encourage walking. c.Architecturalcompatibilitywiththeimpactarea. Finding: Page 19 of 27 Received 1.21.2021 The proposed exterior additions are architecturally compatible with the historic interest area. The majority of the nearby properties are occupied by residential style, commercially zoned structures and the subject property is the only commercial type in the impact area. d.Air quality, including the generation of dust, odors, or other environmental pollutants. Finding: The proposed modification to the structure and the continued use of the property for commercial activities, will not generate additional air quality issues, dust, odors or other environmental pollutants. e.Generation of noise, light, and glare. Finding: The proposed renovations to the structure are proposed to retain the assembly space and general office space will not generate noise, light, or glare beyond what is expected in a commercially designated zone. There are no immediately adjacent residential properties that would be impacted by the use of commercial tenant space. f.The development of adjacent properties as envisioned in the Comprehensive Plan. Finding: The proposed addition of a pedestrian-oriented entrance on the commercial building and removal of a portion of the poorly constructed structure and substantial upgrades to the commercial building will not prevent adjacent commercial properties from developing as envisioned in the comprehensive plan. g.Other factors found to be relevant by the approval authority for review of the proposed use. Finding: Unknown what other factors will be relevant. 4. A conditionaluse permit shall not allow a usethat is prohibited or one that is not permitted pursuant to this ordinance. Finding: The use of the commercial property as office space with assembly space is a permitted use in the zone. 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. Page 20 of 27 Received 1.21.2021 f. E-1.The general office uses listed in chapter18.2.2 BaseZones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. Finding: The floor area of the property if developed as new construction would 1,742 square feet of building and pedestrian area. A general office building of 1,742 would require 3.48 or four (4) parking spaces. Page 21 of 27 Received 1.21.2021 Historic Resources Inventory National Register of Historic Places Figure 1: Sanborn Fire Insurance Map 1911 Page 22 of 27 Received 1.21.2021 Figure 2: Sanborn Fire Insurance Map 1928 Page 23 of 27 Received 1.21.2021 Page 24 of 27 Received 1.21.2021 Page 25 of 27 Received 1.21.2021 Page 26 of 27 Received 1.21.2021 Page 27 of 27 Received 1.21.2021 ()*+$,-$./01234  !"#$%&!' (,5563)*+$78981,:583*$78:2;*583* 0("1234563"1$! ,-.*-*+*(-+++*/ 78 $39:";<"=/0*+  !"#$%&'""()*()*+*( .& &8>3&'"0?(-?@@-0A+0 B37&C%2>3"D23&'"0?(-00*-*+@+ 123$#+:8<$#+:8$""$1233)3=$.>*),3 ?,;@$(12//<$#+:8$""$1233)3=$.>*),3 !2:$A$#2B$C,*;,:8;*+$.44;8// A=(E+=F/G++ 0=="E"H$23"I%" DE38;$"3-,;52*),3.::1)>23*$"3-,;52*),3 D2J32"K$L2 !".657%D2J32"K$L2 !".657% ;M3&6' 2C$3%' ;M3&6"?0A".5CN&6"I%" 2C$3%"?0A".5CN&6"I%" 996&77'78 $39:";<""=/0*+996&77'78 $39:";<""=/0*+ O0(+P"-=(-A-0((+ ,8>3&',8>3&' O0(+P"-=(-A-0((+ ;,F8>*$78/>;):*),3 #62J&M$!"7&&6$%2>3"J$62$3C& $G88/ G88$78/>;):*),3<.5,63*< F>LL&6C2$ "I2%&"<&J2&M"O.!&"BPQ(:?//R++" F>392%2>3$ "S7&",&6L2%"O.!&"BPQ(:+=*R++" T$62$3C&"O.!&"BBPQ*:(=+R/0"  2C$3%'#$%&' Q?:/0=R/0" .>%$ "K&&7' Received 1.21.2021 STREET TREE REMOVAL PERMIT Planning Division 51 Winburn Way, Ashland OR 97520 541-488-5305 Fax 541-488-6006 A tree that is located in any public street right-of-way or other public property may not be removed until a Street Tree Removal Permit has been submitted according to the Application Submission Requirements, below, and reviewed and approved by the City of Ashland. An application for street tree removal must demonstrate that the tree is an emergency, hazard, or dead tree as outlined below in the Application Submission Requirements. Application Submission Requirements. An application for a street tree removal permit shall include all of the following information. 1.Application Form and Fee. The application must include the information requested on the Street Tree Removal Permit form provided by the City of Ashland and the permit application fee. Only those property owners of a lot adjoining the street tree location or homeowners’ associations responsible for street trees in their development or subdivision may apply to remove an adjoining street tree. If a tree is located in front of more than one property, each property owner or homeowners’ association official must sign the Street Tree Removal Permit form. 2.Site Plan. A site plan of the property drawn to scale containing the following information. The scale of the site plan must be at least one inch equals 50 feet or larger. a.North arrow and scale. b.Property boundaries including dimensions of all lot lines and driveway locations. c.Location and width of all public streets, planting strips, and sidewalks adjoining the site. d.Size, species, and location of the tree(s) proposed to be removed. 3.Written Statement. A written statement explaining how the proposed street tree removal satisfies one of the following approval criteria. The Community Development director may require additional information to demonstrate that the proposed removal satisfies one of the following approval criteria including: 1) a written statement to be prepared by an arborist licensed by the State of Oregon Landscape Contractors Board of Construction Contractors Board and certified by the International Society of Arboriculture or American Society of Consulting Arborists; and 2) an International Society of Arboriculture (ISA) Basic Tree Risk Assessment Form to be completed by an arborist. Street Tree Removal Approval Criteria a)Emergency Tree Removal. The tree presents an immediate danger of collapse and represents a clear and present hazard to persons or property. Immediate danger of collapse is defined as a tree that may already be leaning, with the surrounding soil heaving, and/or there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a tree removal permit could be obtained through the non-emergency process. b)Hazard Tree Removal. 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. A hazard tree is a tree that is physically damaged to the degree that it is clear the tree is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within a public right-of-way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated. c)Dead Tree. The tree is dead. A dead tree is lifeless. Such evidence of lifelessness may include unseasonable lack of foliage, brittle dry branches, or lack of any growth during the growing season. Replacement and Stump Removal. Applicants for approved Street Tree Removal Permits are required to remove any stumps and replace the tree. Stump removal and replacements for approved street tree removals shall meet the following requirements. 1.Any street tree removed shall be removed at ground level or lower. If a tree is removed below ground level, the surface must be restored to finish grade and any regrowth which occurs shall be promptly removed. 2.All street trees shall be an appropriate species selected from and planted according to the City of Ashland Recommended Street Tree List. 3.The minimum size for a replacement tree is eight feet in height or one inch in caliper measured at 12 inches above the root crown. 4.Applicants for a Street Tree Removal Permit may be required to replace the tree or trees being removed with a tree or trees of comparable value. 5.If a street tree is determined to be dead or dying, then the replacement need be no larger than the minimize size described above. Type of Tree(s) _________________________________________________________________________________________________________ Approximate Diameter at breast height _______________ Height ________________________ Canopy _____________________________ Location of Tree ________________________________________________________________________________________________________ Reason for Request _____________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ Are there underground utility lines and/or overhead power lines present? ___________________________________________________________ If yes, please list which lines are present _____________________________________________________________________________________ Is there sidewalk damage? _______________ If yes, has a Public Works permit been issued? ____________ OVER C:\\Users\\lucasa\\Desktop\\Street Tree Removal Permit_Revised 2016.doc DESCRIPTION OF PROPERTY Street Address __________________________________________________________________________________________________________ 39 1E Assessor’s Map No. ________________________________________________ Tax Lot(s) ______________________________________ Zoning _____________________________________________ Comp Plan Designation ___________________________________________ PROPERTY OWNER Name ________________________________________ Phone ______________________ E-Mail _________________________________ Address _________________________________________________ City __________________ Zip _______________________________ Name ________________________________________ Phone ______________________ E-Mail _________________________________ Address _________________________________________________ City __________________ Zip _______________________________ PROFESSIONAL PERFORMING THE TREE REMOVAL (e.g., tree service) Name ________________________________________ Phone ______________________ E-Mail _________________________________ Address _________________________________________________ City __________________ Zip _______________________________ ARBORIST, LANDSCAPE ARCHITECT, OTHER Title _____________________Name ________________________________ Phone ___________________ E-Mail ________________________ Address ______________________________________________________________ City _________________________ Zip _______________ Title _____________________Name ________________________________ Phone ___________________ E-Mail ________________________ Address ______________________________________________________________ City _________________________ Zip _______________ As owner of theproperty involved in this request, I have read and understood the complete application and its consequences to me as a property owner. I hereby certify that the statements and information contained in this application are in all respects, true and correct. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1)that I produced sufficient factual evidence to support this request; 2)that the information contained in this application are adequate; and further 3)that all trees, structures, or improvements are properly located on the ground. __________________________________ ____________________________________________________ ___________ Property Owner’s Signaturewner’s (Date required) OSig STAFF DECISION: Permit is hereby (circle one): Approved Approved with Conditions Denied Conditions of Approval ___________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ Is the tree 18” d.b.h or greater? NOYESHas the City has been notified:NOYES ___________________________ _____________________________________________________________ Community Development Director/Planning Manager Signature Date C:\\Users\\lucasa\\Desktop\\Street Tree Removal Permit_Revised 2016.doc STREET TREE REMOVAL 599 E Main Street The request includes a tree removal permit for the two street trees in the parkrow on East Main Street. These trees are Callery Pears. It is unknown exactly which species, but based on research of the Callery Pear tree, they are poor landscape plant choices and in an area that has a commercial pear industry. They are known as a troublesome tree that becomes invasive due to cross pollination should be removed and replaced with a large stature tree that isn’t declared as an invasive species in some parts of the country. The request is for removal of a 10.2” diameter at breast height Callery Pear and a 12.7” diameter at breast height Callery Pear tree. These trees are a poor street tree choice. Though they were planted more than 30 years ago, they have not shown substantial growth. They do not possess well cared for canopies and the newest information in the arboriculture industry is that the Callery Pear should be removed and replaced. https://www.mortonarb.org/trees-plants/tree- plant-descriptions/callery-pear-not-recommended Page 1 of 2 RECEIVED BY EMAIL 2.9.2021 The street tree chapter AMC 13.16 does not provide criteria for removal but says thatif a tree is dead or dying the replacement need be no larger than the minimum described in the chapter. The street removal application form does not appear to speak to situations where the street tree is in a fine overall health condition but is a poor choice of street tree, does not meet spacing standards or when it is or becomes considered an invasive species. These trees are not in a condition that requires emergency removal, they are not in a hazardous condition, they are not dead, nor are they dying. The application form also appears to necessitate an arborist evaluation of the health of the street trees proposed for removal. There are no assertions that the trees are in poor health. They are in a poor condition due to lack of maintenance and poor canopy condition, and previous injury due to it appears cars, but they are not unhealthy nor would they meet any ISA hazard levels. Throughout the Midwest, including, Missouri, Indiana, Ohio, Pennsylvania, the Callery pear is considered an invasive species. Articles regarding Callery Pear trees: Naturally Speaking: Pretty and invasive – the Callery pear https://www.washtimesherald.com/community/naturally-speaking-pretty-and-invasive-the- callery-pear/article_40c606b8-51fb-11eb-a22f-5fc0d1cc2542.html. January 11, 2021. Here’s why you should think twice before planting a Bradford pear tree. https://www.indystar.com/story/news/environment/2020/04/21/bradford-pear-trees-why- you-should-think-twice-before-planting/2995229001/. April 21, 2020 Below is additional information regarding the requested street tree removal. The removal of the trees will not have any impact on erosion, soil stability, flow of surface waters or protection of adjacent trees. None of the trees proposed for removal are part of a windbreak. The removal of the two Callery Pears will not have any impacts on the tree densities. The adjacent neighborhood has a significant number of both street trees and landscape trees, a substantial canopy coverage and species diversity. The property is zoned commercial. The trees are in the in the right-of-way and this criteria does not apply. One larger stature, healthy deciduous tree selected from the Recommended Street Tree Guide will be planted centrally located on the parcel, providing adequate separation from the power pole (10-feet) and adequate separate from the intersection (25-feet) as specified in AMC 18.4.4 030.E.2.b. The stumps will be removed and the new tree will be planted in accordance with the standards for street tree planting. Page 2 of 2 RECEIVED BY EMAIL 2.9.2021 Flash over wall cap w/ drip edge Timber wall cap, slope to drain T.O. Parapet MAGNOLIA FINE HOMES LLC ±10'-0" Gil Livni 2x Parapet wall 453 Tucker Street Ashland, OR 97520 (510)913-5110 Low slope membrane roofing Metal cap at parapet 2x6 Parapet wall Membrane roof over rigid insul. sloped to drain over 5/8" roof Existing roof framing sheathing per structural 2'-0" Full height blocking per structural 1/2" ceiling sheathing T.O. Wall 3/4" T&G Ceiling and Soffit 5/8" Gyp board R-42 Insulation Roof framing per structural 5/8" Gyp board w/ R-42 Insulation 1x Interior window trim Header per structural 5/4x6 Exterior Window head trim Gyp wrapped opening Clad window units Metal or Hardie Panel siding finish ±12'-0" over WRB over sheathing per structural Sloped 2x window sill Structural sub-fascia 5/4x Interior window stool Metal wrapped over & fastened to soffit 5/4x6 Exterior window apron trim Hardie lap siding Metal or Hardie Panel fascia Stone ledge cap w/ sloped profile /Users/patrickmay/Dropbox (4d Proof)/4d Proof Team Folder/202043 Church Remdel/20201230 Sanctuary 1:2:2020.pln New floor finish (T.B.D.) T.O. Subfloor Existing sub floor Existing floor framing 15'-3" Sineage (T.B.D.) 5/8" Gyp board R-21 wall insulation 1/2" Gyp board Soldier course over windows Clad door & window units Clad window units ±10'-0" Stone ledge sill cap w/ sloped profile Existing Sidewalk Veneer brick siding New concrete entry porch Existing concrete sidewalk MODEL FILE: 20201230 Sanctuary 1:2:2020.pln Existing concrete stem wallNew concrete floor Existing lower level slab (V.I.F.) Max 6" SHEET TITLE WALL SECTIONS T.O. Slab Existing footings SD-3.1 Section Through Existing Exterior WallSection Through New Entry 12 01'2'3'01'2'3' SHEET 1OF 1 SCALE: 3/4" = 1'-0"SCALE: 3/4" = 1'-0" MAGNOLIA FINE HOMES LLC Gil Livni 453 Tucker Street Ashland, OR 97520 (510)913-5110 MODEL FILE: 20201230 Sanctuary 1:2:2020.pln SHEET TITLE CONCEPT RENDERINGS SD-1.0 SHEET 1OF 1 1 SD-4.1 MAGNOLIA FINE HOMES LLC Gil Livni 453 Tucker Street Ashland, OR 97520 (510)913-5110 ADA W/C OFFICE 1 10 9 8 11 7 12 6 13 5 14 4 15 3 ADA W/C 16 2 17 1 18 19 1 20 SD-4.2 HALL STAIR COURTYARDFOUNDATION OFFICE 2 1 SD-4.4 2 MODEL FILE: SD-3.1 20201230 Sanctuary 1:2:2020.pln 1 SD-4.3 1 SD-3.1 SHEET TITLE FLOOR PLANS Basement 1 02'4'8' SCALE: 1/4" = 1'-0" SD-2.0 SHEET 2OF 1 1 SD-4.1 MAGNOLIA FINE HOMES LLC 191817161514 Gil Livni 453 Tucker Street F Ashland, OR 97520 (510)913-5110 KITCHENETTE 13 12 11 10 9 8 7 6 5 4 ADA W/C 3 2 1 1 DOWN SD-4.2 STAIR SIDE WALK TREE STRIP OFFICE 3 PLANTER DOWN LOBBY UP 1 SD-4.4 WHEEL CHAIR LIFT 2 MODEL FILE: SD-3.1 20201230 Sanctuary 1:2:2020.pln 1 SIDE WALK SD-4.3 1 SD-3.1 SHEET TITLE FLOOR PLANS TREE STRIP SD-2.1 First Floor 1 02'4'8' SCALE: 1/4" = 1'-0" SHEET 3OF 1 1 SD-4.1 MAGNOLIA FINE HOMES LLC Gil Livni 453 Tucker Street DOWN Ashland, OR 97520 (510)913-5110 OFFICE 4 UP 1 SD-4.2 ROOF TOP 1 SD-4.4 2 MODEL FILE: SD-3.1 20201230 Sanctuary 1:2:2020.pln 1 SD-4.3 1 SD-3.1 SHEET TITLE FLOOR PLANS Second Floor 1 02'4'8' SCALE: 1/4" = 1'-0" SD-2.2 SHEET 4OF 1 Flash over wall cap w/ drip edge Timber wall cap, slope to drain T.O. Parapet MAGNOLIA FINE HOMES LLC ±10'-0" Gil Livni 2x Parapet wall 453 Tucker Street Ashland, OR 97520 (510)913-5110 Low slope membrane roofing Metal cap at parapet 2x6 Parapet wall Membrane roof over rigid insul. sloped to drain over 5/8" roof Existing roof framing sheathing per structural 2'-0" Full height blocking per structural 1/2" ceiling sheathing T.O. Wall 3/4" T&G Ceiling and Soffit 5/8" Gyp board R-42 Insulation Roof framing per structural 5/8" Gyp board w/ R-42 Insulation 1x Interior window trim Header per structural 5/4x6 Exterior Window head trim Gyp wrapped opening Clad window units Metal or Hardie Panel siding finish ±12'-0" over WRB over sheathing per structural Sloped 2x window sill Structural sub-fascia 5/4x Interior window stool Metal wrapped over & fastened to soffit 5/4x6 Exterior window apron trim Hardie lap siding Metal or Hardie Panel fascia Brick course cap New floor finish (T.B.D.) T.O. Subfloor Existing sub floor Existing floor framing 15'-3" Sineage (T.B.D.) 5/8" Gyp board R-21 wall insulation 1/2" Gyp board Soldier course over windows Clad door & window units Clad window units ±10'-0" Brick finish returns to window Brick course cap @ sill Existing Sidewalk Veneer brick siding New concrete entry porch Existing concrete sidewalk MODEL FILE: 20201230 Sanctuary 1:2:2020.pln Existing concrete stem wallNew concrete floor Existing lower level slab (V.I.F.) Max 6" SHEET TITLE WALL SECTIONS T.O. Slab Existing footings SD-3.1 Section Through Existing Exterior WallSection Through New Entry 12 01'2'3'01'2'3' SHEET 5OF 1 SCALE: 3/4" = 1'-0"SCALE: 3/4" = 1'-0" MAGNOLIA FINE HOMES LLC Gil Livni 453 Tucker Street Ashland, OR 97520 New 2x trim to butt existing/new siding (510)913-5110 New stucco siding to wrap corner Existing siding to remain Existing windows to remain Existing windows to remain NORTH ELEVATION 1 02'4'8' SCALE: 1/4" = 1'-0" MODEL FILE: 20201230 Sanctuary 1:2:2020.pln SHEET TITLE EXTERIOR ELEVATIONS SD-4.1 SHEET 6OF 1 MAGNOLIA FINE HOMES LLC Gil Livni 453 Tucker Street Ashland, OR 97520 (510)913-5110 3 Coat stucco system Existing siding Metal clad wall cap w/ drip edge Stucco window returns Existing windows to remain (this elevation only) Hardie-lap siding w/ 7" exposure New fixed window units Metal clad fascia Metal cladding Metal cladding Fixed window units 40"x54" Framed business sinage Brick cap course Veneer brick cladding EAST ELEVATION 1 02'4'8' SCALE: 1/4" = 1'-0" MODEL FILE: 20201230 Sanctuary 1:2:2020.pln SHEET TITLE EXTERIOR ELEVATIONS SD-4.2 SHEET 7OF 1 MAGNOLIA FINE HOMES LLC Gil Livni 453 Tucker Street Ashland, OR 97520 (510)913-5110 3 Coat stucco system Hardie-lap siding w/ 7" exposure True Divided Light Clad Widnows Replace Existing, Maintain Placement Metal clad fascia Metal cladding New awning window units Metal cladding Brick cap course New iron fence New awning window units SOUTH ELEVATION 1 02'4'8' SCALE: 1/4" = 1'-0" MODEL FILE: 20201230 Sanctuary 1:2:2020.pln SHEET TITLE EXTERIOR ELEVATIONS SD-4.3 SHEET 8OF 1 MAGNOLIA FINE HOMES LLC Gil Livni 453 Tucker Street Ashland, OR 97520 (510)913-5110 WEST ELEVATION 1 02'4'8' SCALE: 1/4" = 1'-0" MODEL FILE: 20201230 Sanctuary 1:2:2020.pln SHEET TITLE EXTERIOR ELEVATIONS SD-4.4 SHEET 9OF 1 IN THE MATTER OF PLANNING ACTION PA-T1-2021-00141, ) REQUEST FOR A request for Site Design Review approval to modify the existing building at 599 AN EXTENSION ) East Main Street including converting the former church to use as office/assembly OF THE TIME ) space and adding a new entry. The application also includes requests for a LIMIT ) Conditional Use Permit as it involves the alteration of an existing non-conforming ORS 227.178(1) ) development where no off-street parking is available, and Street Tree Removal ) Permits to remove and replace two Callery Pear street trees (10.2-inch & 12.7-inch DBH) in the park row planting strip along East Main Street. APPLICANTS: Rogue Planning and Development Services Applicants request a _30-_ day extension to the time limit set forth in ORS 227.178(1). 3/5/2021 _______________________________ _________________ Applicant Date _______________________________ _________________ Applicant Date \[Note: ORS 227.178(5) provides that the “120-day period set in (ORS 227.178(1)) may be extended for a specified period of time at the written request of the applicant. The total of all extensions may not exceed 245 days.”\] Site Design Review and Conditional Use Permit Review For Exterior Modificationsto a Non-Contributing Historic Structure ADDITIONAL FINDINGS to supplement findings dated January 19, 2021 Subject Property Property Address: 599 East Main Street Map & Tax Lot: 39 1E 09AC; Tax lot 7600 Comprehensive Plan Designation: Commercial Zoning: C-1 Adjacent Zones: C-1, R-2 Railroad Historic District Request: The proposal isto convert the structure into amodern office building that includes an approximately 1,900 square foot assembly or group space that is part of the office uses within the structure. The purpose is to not intensify the recognizeduse of thesanctuaryportion of the structure as assembly/group occupancy, but the adapt the large area, large occupancy rated structure into a community asset. The proposal seeks to allow for uses that have been historically allowed (offices and a 1,900 square foot gathering space). This proposal seeks to allow for use of the building as an office tenancy and allows for the tenants to utilize the space to host business associated conferences and other similar events. These ‘events’ would be more limited than a busy Saturday/Sunday event space,56 weeksa year ata thriving religious institution that included offices, pre-school and community space. The property owner is making substantial building upgrades on the interior that would be required for a larger occupancy rated structure with assembly occupancy areas and mixed uses. The current church building lacks those features. Additionally, the modifications are a substantial financial investment into the structure, modernizing the historic building and beautifying a Commercial zoned neighborhood,corner property. HistoricandProposedUses: Theexistingbuildinghasthe1,900squarefootsanctuaryareaandthelargerbuildingareathat contains office areas that operated during ‘typical’ office hours throughout the week. The church also held larger ‘events’ every Sunday and often Friday and Saturday (weddings, funerals, community events, etc.) with weekly community meeting times and larger group events throughout the calendar year. A weekly preschool with approximately 30 students and three teachers operated at the church building for many years. The proposal increases occupancy accessibility provisions and safety measures through the installation of accessible routes, accessible and separated restroom facilities, and fire sprinkler system. The property owner and the potential tenant are not intending for a concert venue to replace the previous church functions but wants to assure the building is able to retain uses allowed as permitted uses in the C-1 zone. These include the permitted use a commercially zoned property as ‘entertainment’ which has been on a separate tax lot with no historical evidence of on-site parking. Anticipated assembly events would be for the tenants of the office space. One of the companies courted for tenancy has business conference events and business supporting events. The company is a technology-based industry and envisions the space being used to help promote their and similar businesses to boost the economy and technology advancement for Ashland business sector. Based on the photographic evidenceprovided bythe previous occupants, there were between 224-244 seats in the 1,900 square foot sanctuary area. There is approximately 750 square feet of office on the second floor and approximately 1,980 square feet of office space in the daylight basement. The church was constructed prior to 1928 – the earliest Sanborn Fire Insurance Maps indicate a church building on the property in 1911. No on-site parking has been provided for the church use since its development more than a century ago. The primary focus of the proposal the substantial alterations the exterior of the structure to remove an unsightly and poorly constructed addition and materials, with the addition of a pedestrian oriented entry area.Additionally,there are substantial interior changesand structural modifications tothe building are necessaryand allow for the use of the assembly occupancy space as a lower intensity office space that may have assembly type events on occasion. The entry door is proposed to be oriented towards the intersection of Fifth and East Main Streets. The location of theentry dooris toprovideadequate clearancewithin the space for the stairs and a manlifttothe main sanctuary level. This new entry area will provide access to the stairway ‘tower’ on the east side of the entry lobby. The proposed brick base is a dark red “Klamath” brick. The revised exterior elevations and the section drawings better locate thebrick,andthewatertable in proximity to the windows. Additional details on the materials and dimensions are provided. Transportation Impacts from the Conditional Use Permit: The use of commercial property as acommercial use in the zone will not have a greater adverse effect on the livability of the immediate impact area which is primarily commercially zoned. The proposal is to increase the area of the building slightly to provide a pedestrian entrance on the East Main and Fifth Street frontage. The property has no parking and the modification to the non- conforming site necessitates a conditional use permit. The target use of the zone for the site is a 1,742 square foot office building. An office structure of 1,742 would require 3.48 or four (4) parking spaces. The proposal is to retain the existing structure and the existing occupancy rating would require 61 parking spaces based on the number of seats within the sanctuary space where no on-site parking spaces are provided. The existing structure is 4,620 squarefeetin area. The portion of the building that was used as assembly occupancy is just over 1,800 square feet of the building as seatedassemblyoccupancy (1 sq. per 15 sq. foot floor area) anoccupancy of approximately126 persons is permitted per building code requirements. An occupancy of 126 which would require 31 parking spaces. In the event that the entire structure is office space, the structure requires 9.24 or 10 parking spaces. This is more than twice what would be required to be provide if the site was developed with the FAR required for the ‘target use’ of the zone, but to bring the area of the building into conformance, more than 50 percent of the structure would need to be removed. The property has 74-feet of frontage on Fifth Street, after removing 20-feet from frontage, there is 54-feet remaining. This 54-feet could provide two on-street parking credits. In no case can the required number of parking spaces for any use, not even a residential use could be on the property without the granting of the conditional use permit to continue the non-conforming development of the commercially zoned site. The Conditional Use Permit is to allow for the expansion of an existing, non-conforming structure on a commercially zoned property that has no parking. The use of the structure was a religious institution, that use predated the zoning code of the city thus there isn’t a ‘conditional use permit’ approval of the church use of the property as require per today’s land development ordinance. The property has been occupied with a large area, numerous occupancy potential, site filling, church structure for nearly 100 years. There has never been parking associated with the large occupancy,largeareachurchstructure. According to the records the Church shared with the propertyowner the church hostednot only traditional Sunday Services, Sunday School, all large denominational holiday services that drew larger crowds than the typical 100+ Sunday worshipers. There is photographic evidence of a 244- person occupancy in the Sanctuary area alone. There was a weekday preschool with approximately 30 students and three teachers. There were anywhere between three to five office and staff of the church at the property during the weekdays. Additionally, the church had a robust ‘class’ program. They offered art classes, and held art shows, there were musical classes and recital events. The church buildings was used for other community gatherings held in the sanctuary space. All of these uses occurred at 599 East Main Street, where there is no on-site parking. All of the users parked on-street or walked from the neighborhood. This proposal does not increase the occupancy of the property. Though thechurch useshavebeenreducedin the recent years, there is nothing that would prevent a new/revived church occupant with the same anticipated occupancy from reusing the space without the proposed substantial site upgrades. The proposed adaptive reuse of the structure as an office space that is allowed to holdevents relatedto their business is no different thana law office hosting a law conference, or a real estate office hosting a training event, and is less impactful to a neighborhood than a 5X a week preschool, in a church that held weekly evening events, weekly Sunday worship, funerals, weddings and community events that fulfill the mission of the church or was sponsored by a church member. This is the same expected transportation to the site for the proposed professional officeuse. The professional office uses will have typical office hours and likely M- F operationswith little weekend impacts. Whereas the church had weekly pre-school and office traffic inaddition to evening classes and events with a heavy impact on weekends. The transportation and parking impacts from the office will be more predictable and consistent when compared to a church that could have numerous large person events through out the week. Where no previous bicycle parking was provided, the proposal is to provide covered and uncovered secure bicycle parking facilities, increasing the transportation options. Additionally,the exterior modifications will greatly enhance the pedestrian experience on East MainStreetandFifthStreets.TherewillbepedestrianorientedentrancesonEastMainandat therearofthebuildingorientedtoFifthStreet.Boththesemodificationsincreaseconformity with the Site Design Standards and encourage pedestrian use of the structure. The property is in close proximity todowntown, shopping at Safeway, the Library, other commercial businesses, yet outside of the area that is typically heavily parked, Oak/Pioneer/First to Fourth, Lithia Way to A Street during the tourist season. Based on numerous site visits, photographic evidence from previous street view programs, there is adequate on-street parking on along the properties 74-feet of frontage adjacent to Fifth Street, 54 feet of which is available for on-street parking. There is parking across Fifth Street as the residence there has alley parking. There is on-street parking on C Street, and on Sherman Street, across East Main Street. Ample on-street parking is available within 200-feet of the structure. The site has a Walkscore of91. According toWalkscore.com, 599EMain Street is a“walkers paradise”and daily errands do not require acar. The property is centrally located and is within a 20-min walk of neighborhoods south of SOU, areas all the way to the northwest in the areas west of Glenn Street and south of Hersey Street, the Fordyce Street neighborhoods. Additionally, the site scores an 84 on Bike score and is considered Very Bikeable with biking convenient for most. www.walkscore.com.599-e-main=st-ashland-or-97520. East Main Street has a designated bike lane acrossthefrontage oftheproperty. Theability for residents that work or patronize the property to walk or bicycle from nearly every major neighborhood in town increases the likelihood of pedestrian and bicycle traffic and that a finding can be made that the use of the property as an professionaloffice and the proposed modifications to the structure to enhance the pedestrian and bicycle experience are improvements to the multi-modal functionality of the site and that short of removal of 50 percent of the structure to accommodate parking, there are The proposal does not increase the occupancy of the structure and is a decrease in overall occupancy of the sanctuary space. 48 Fifth Street: The property at 48 Fifth Street is a separate, legal lot of record. The property is occupied by an approximately 1,200 SF commercial structure. Though previously owned in common by the church and presently owned in common, that was not always the case. Additionally, the property’s parking area adjacenttothe alleywas required when the structureat48 Fifth Street was constructed are notassociated withthis application. Per thedecision of PA-1993-00123 the uses were evaluatedseparately in fact the staff report states “no additional capacity, in terms of additional seating in the sanctuary, was being added as part of this application, therefore, there was essentially no change in the use.” The report goes on to note that the parking spaces shown adjacent to the Fellowship Hall were not required to be improved because there was not a change in the use. Though the previous uses were in common and there were associations made, the parking for the structure at 48 Fifth Street isrequired for the functionality of 48 Fifth Street as a commercial use in the commercial zoning district. The proposed parking in 1993 appears to have been adequate parking for an approximately 1200 SF office space and cannot be reallocated to a separate property that is no longer associated with the uses at 599 E Main Street. Attachments: PA-1993-00123 1994 Building Permit ASHLAND PLANNING COMMISSION FINDINGS & ORDERS October 12, 1993 PLANNING ACTION 93-123 is a request for a Site Review to construct a fellowship hall to the rear of the existing sanctuary. The existing structure will be demolished at 48 Fifth Street. Comprehensive Plan Designation: Commercial; Zoning: C-1; Assessor's Map #: 9AC; Tax Lot #: 7500. APPLICANT: Foursquare Church On Wednesday, September 22, 1993, an administrative hearing was held in the Planning Office to review this application. In attendance were Bill Molnar, Associate Planner and Planning Director John McLaughlin serving as Hearings Officer. McLaughlin reviewed the request, noting that the application involved the demolition of an existing building, and replacing it with a residential-style building that will serve as a fellowship hall for the church. McLaughlin said that no additional capacity, in terms of additional seating in the sanctuary, was being added as part of this application, therefore, there was essentially no change in the use. The building to be demolished is listed as "compatible" on the Historic Inventory, and therefore it can be removed without City Council approval. The replacement design continues on with the residential character established along Fifth Street, even though the property is zoned commercial. The design is reminiscent of Craftsman, with the lower roof pitch and the porch-style of covered walkway from the church. There is an entry directly toward Fifth Street, maintaining the residential character. McLaughlin said that the design was appropriate for the area, and that it had been reviewed by the Historic Commission Review Board, and they had concurred with the design. Improved landscaping was shown on an additional plan, with some parking located off the alley. Since the application does not involve an increase in the intensity of the use, the City could not require the improvement of the parking spaces. The applicants had indicated that the spaces would be landscaped, with a gravel parking surface. McLaughlin said the applicants would be required to sign in favor of future alley improvements, but not improve the alley at this time. McLaughlin then reviewed the criteria for approval of a site review, which are as follows: A.All applicable City ordinances have been met or will be met by the proposed development. B.All requirements of the Site Review Chapter have been met or will be met. C.The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. McLaughlin stated that given that there were no increases in the intensity of the use as a church, and that the property was zoned commercial next to a residential area, this design was appropriate, and based upon the submitted information, found that it complied with the criteria for approval of a site review. Therefore, based on our overall conclusions and on the proposal being subject to each of the following conditions, we approve Planning Action 93-123. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 93-123 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the property owner sign in favor of future improvements to the alley. 3) That all necessary building permits be obtained prior to the commencement of construction on the site. 4) That all proposed landscaping be installed prior to the issuance of a certificate of occupancy for the building. 5) That the parking area be surfaced with a 3/4" minus crushed rock, or equivalent, prior to the issuance of a certificate of occupancy for the building. 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It is now unsafe, dilapidated, and sadly, the dictionary definition of eyesore. There is a need for safe shelter for those without homes that now gather, rest, and sleep on this property. Sleeping exposed to the elements near streets that have heavy pedestrian and vehicle traffic is not the answer, nor safe. This property will become an asset, improving and beautifying the whole neighborhood, and the City of Ashland. This location is essentially the introduction for many people to what is the heart of Ashland. All people who travel on East Main Street as the main thoroughfare can appreciate the transformation into an attractive building, put to a constructive purpose. On a personal note, Mr. GIL Livni has shown me his community spirit, that he cares about this neighborhood and his neighbors. My house is on the opposite corner at 585 E Main Street and was placed on the National Register of Historic Places (George H. Palethorpe House) in 1999. Built in 1888, it is in disrepair. I am a single, elderly woman, who after making some changes as recommended by the National Register, lacked the funds for further major repairs. I am now attempting to rectify the deferred maintenance, starting with the roof. A chance meeting with Mr. Livni was a lifesaver. He offered to talk to roofers, and found one whose estimate was 33% less than other estimates I had been given. This will allow me to start with other repairs. He even drove to a roofing supplier to bring back a sample of the shingles I had referenced. For a very busy general contractor overseeing large projects on a much grander scale, to me, this shows unusual compassion kindness, and caring, and reflects his personal values. In short, I whole heartedly endorse, and have trust in, all aspects of this planning action. Thank you. Victoria Vannice Sf;!Qb.u2.3132.11252/ Tvtbo!Dibsmfz!=cpsefsd3Azbipp/dpn? 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