HomeMy WebLinkAbout2019-07-23 Planning PACKET
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ASHLAND PLANNING COMMISSION
SPECIAL MEETING
July 23, 2019
AGENDA
I. CALL TO ORDER:
5:30 PM, Civic Center Council Chambers, 1175 E. Main Street
II. ANNOUNCEMENTS
III. PUBLIC FORUM
IV.UNFINISHED BUSINESS
A. Approval of Findings for PA-T2-2019-00008, Snowberry Brook, Map 39 1E 11C Tax Lot
#2504 on Engle St/Map 39 1E 11C Tax Lot #2505 on Villard St.
B. Approval of Findings for PA-T2-2019-00010, 185-197 Lithia Way.
V. 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).
BEFORE THE PLANNING COMMISSION
July 23, 2019
IN THE MATTER OF PLANNING ACTION #PA-T2-2019-00008, A REQUEST FOR )
SITE DESIGN REVIEW APPROVAL TO ALLOW THE CONSTRUCTION OF A 60- )
UNIT MULTI-FAMILY DEVELOPMENT ON TWO TAX LOTS (#2504 & #2505) )
ALONG VILLARD AND ENGLE STREETS AS PHASE II OF THE EXISTING )
SNOWBERRY BROOK DEVELOPMENT. THE PROPOSAL CONSISTS OF FOUR )
2-STORY EIGHT-PLEX APARTMENT BUILDINGS AND SEVEN 2-STORY TOWN- )
HOUSE FOUR-PLEXES. UNITS WILL CONSIST OF TEN 1-BEDROOM FLATS, 12 )
2-BEDROOM FLATS, TEN 3-BEDROOM FLATS, AND 28 2-BEDROOM TOWN- )
FINDINGS,
HOMES. THE APPLICATION INCLUDES A REQUEST FOR TREE REMOVAL )
CONCLUSIONS &
PERMITS TO REMOVE THREE TREES, AN APPROXIMATELY 24-INCH DIAM- )
ORDERS
ETER DEODAR CEDAR (CEDRUS DEODARA) WHICH THE PROJECT ARBORIST )
DESCRIBES AS POSING A HAZARD AND TWO SMALLER ALMONDS WHICH )
ARE NOTED AS BEING IN POOR CONDITION AND LOCATED IN THE PATH OF )
THE PROPOSED NEW SIDEWALK ALONG VILLARD STREET. )
)
OWNER/APPLICANT:
HOUSING AUTHORITY OF JACKSON COUNTY/ )
HAJC DEVELOPMENT/DAN HORTON, ARCHITECT )
)
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RECITALS:
1) Tax lot #2504 and #2505 of Map 39 1E 11C are located along Engle and Villard Streets, south and
east of the Snowberry Brook development at 380 Clay Street and are zoned R-2 (Low-Density Multi-Family
Residential). With the first phase of the development, these properties were initially designated as
Parks/Open Space, but prior to sale of the properties to the applicant by the City, this designation was removed
and alternative property for a neighborhood park was acquired nearby.
2) The applicant is requesting Site Design Review approval to allow the construction of a for 60-unit
multi-family development on two tax lots (#2504 & #2505) along Villard and Engle Streets as Phase II of
-story eight-plex
apartment buildings and seven two-story townhouse four-plexes. Units will consist of ten one-bedroom
flats, 12 two-bedroom flats, ten three-bedroom flats, and 28 two-bedroom townhomes. The application
includes a request for a Tree Removal Permit to remove one tree, an approximately 24-inch diameter
Deodar Cedar (cedrus deodara) which the project arborist describes as posing a hazard. The application
also includes proposals for density bonuses because all units are to be built to Earth Advantage® Gold
standards and all units are to be deed-restricted as affordable housing. The proposal is outlined in plans
on file at the Department of Community Development.
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July 23, 2019
Page 1
AMC 18.5.2.050
3) The 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
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.
AMC 18.5.7.040.B
4) The criteria for a Tree Removal Permit are described in as follows:
1.Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that
the application meets all of the following criteria, or can be made to conform through the imposition
of conditions.
a.The applicant must demonstrate that the condition or location of the tree presents a clear
public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable
danger of property damage to an existing structure or facility, and such hazard or danger
cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of
hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant
to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the
permit.
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July 23, 2019
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2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted
if the approval authority finds that the application meets all of the following criteria, or can be made
to conform through the imposition of conditions.
a. The tree is proposed for removal in order to permit the application to be consistent with other
applicable Land Use Ordinance requirements and standards, including but not limited to
applicable Site Development and Design Standards in part 18.4 and Physical and
Environmental Constraints in part 18.10.
b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow
of surface waters, protection of adjacent trees, or existing windbreaks.
c. Removal of the tree will not have a significant negative impact on the tree densities, sizes,
canopies, and species diversity within 200 feet of the subject property. The City shall grant
an exception to this criterion when alternatives to the tree removal have been considered
and no reasonable alternative exists to allow the property to be used as permitted in the
zone.
d. Nothing in this section shall require that the residential density to be reduced below the
permitted density allowed by the zone. In making this determination, the City may consider
alternative site plans or placement of structures of alternate landscaping designs that would
lessen the impact on trees, so long as the alternatives continue to comply with the other
provisions of this ordinance.
e. The City shall require the applicant to mitigate for the removal of each tree granted approval
pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval
of the permit.
5) The Planning Commission held a public hearing on June 11, 2019 at which time testimony was
received and exhibits were presented. Prior to the closing of the hearing, participants requested that the
hearing or record remain open pursuant to ORS 197.763(6) to present additional evidence or argument. The
Planning Commission closed the hearing, but left the record open to the submittal of new evidence by parties
until 4:30 p.m. on June 18, 2019; to the submittal of responses to the new submittals by parties until 4:30 p.m.
on June 25, 2019; and to the submittal of written arguments, but no new evidence, by the applicant only until
4:30 p.m. on July 2, 2019. The meeting was continued for Planning Commission deliberations until 7:00
p.m. on July 9, 2019 at the City Council Chambers.
Subsequent to the close of the public hearing on June 11, 2019, Planning staff determined that there had
been a noticing error in the initial Notice of Public Hearing which had been mailed on May 28, 2019.
The City shall mail notice of public hearing not less than ten days before
the hearing. Such notice shall be mailed to all individuals and organizations listed below: i. Applicant; ii.
Owners of the subject property; iii. Owners of record for properties located within 200 feet of the
perimeter of the subject site; iv. Neighborhood group or community organization officially recognized by
the City that includes the area of the subject property; and v. Any person who submits a written request
to receive a notice.The notices shall be mailed to owners of
record of property on the most recent property tax assessment roll.City staff uses an internet-based
owners of record of property on the most recent property tax asseand
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-generating application was not generating labels for all property
owners of record for multi-story condominiums because the condominiums had been mapped in such a
way that one layer of units blocked out the other in the mapping application. In this instance, the
neighboring McCall Drive Condominium development was within 200 feet of the perimeter of the subject
site, and only eight of the 16 condominiums within 200 feet had received the initial notice.
AMC 18.5.1.120.B provides guidance for addressing Noticing Errors, however this section assumes that
the error is identified after a decision has been made. In this instance, because the noticing error was
identified prior to the Planning Commiss-noticed the application on June
24, 2019 to a list of recipients that was amended to include all 32 property owners of record within the
McCall Drive Condominium development announcing a limited re-opening
of the public hearing on July 9, 2019 to allow testimony from any McCall Drive Condominium owners
who had not received the initial Notice of Public Hearing and who had not participated in the hearing
process to date.
The Planning Commission, following proper public notice, then held a limited re-opening of the public
hearing on July 9, 2019 at which time testimony was received and exhibits were presented. Subsequent to
the closing of the hearing, the Planning Commission approved the application subject to conditions pertaining
to the appropriate development of the site.
Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as
follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the 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 staff report, public hearing testimony and the exhibits received.
The Planning Commission finds that testimony provided during Public Forum at the July 9, 2019 meeting by
Jessie Kinney, Princess Franks and Maya Jaarad which pertained to efforts to support affordable housing and
included mention of the Snowberry Brook development prior to the re-opening of the hearing could not be
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July 23, 2019
Page 4
added to the hearing record or considered in the decision on this matter as it was provided when the hearing
was closed.
The Planning Commission finds that the materials submitted by Mark Knox of KDA Homes, LLC on June
14, 2019 and Greg Holmes of 1,000 Friends of Oregon on June 25, 2019 while the record was left open to
the submittal of new materials by parties must be stricken from the record and from consideration in this
decision as neither Mr. Knox nor Mr. Holmes were parties of record as they had not participated in the land
use process either orally or in writing prior to the close of the hearing. Here, the Planning Commission would
note that the local newspaper The Daily Tidings posted an article , June
13, 2019) which incorrectly indicated that any person could submit new materials while the record was open.
-Judicial Land
limits the submittal of new materials while the record is left open to participants in the hearing process and
does not allow someone who was not a participant in the hearing to provide new evidence.
The Planning Commission finds that a letter submitted by the applicant on July 1, 2019 - during the period
when they were allowed to submit only written argument - contained new evidence and would normally
be stricken, however the Commission further finds that because ORS 197.763.7 provides that when the
record is re-to admit new evidence, arguments, or testimony any person may raise new issues
which relate to the new evidence, arguments, testimony or criteria for decision-making which apply to the
matter at issueontained in the letter was admitted as it was consistent with the
re-opened hearing and related to the new testimony.
2.2 The Planning Commission finds that the proposal for Site Design Review and Tree Removal permit
approvals meets all applicable criteria for Site Design Review described in AMC 18.5.2.050, and for a Tree
Removal Permit as described in AMC 18.5.7.040.B.
2.3 The Planning Commission concludes that the proposal satisfies all applicable criteria for Site
Design Review approval.
The first approval criterion addresses the requirements of the underlying zone, requiring that, The
proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but
not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage,
The Commission
finds that the subject property is zoned R-2, a Low-Density Multi-Family Residential zoning, and that all
building and yard setbacks and other applicable standards including building separation, height, lot
The Commission further finds that the base density in the R-2 zoning district allows for 13½ dwelling
du/acre = 45.225 du\], and the applicant is proposing density bonuses for providing affordable housing (35
percent) and for conservation housing (15 percent) allowing a 50 percent increase in the base density for
a total potential density of 67.8 units \[45.225 du x 1.50 = 67.8375\]. 60 units are proposed, and conditions
have been included to require that all units be deed restricted as affordable per city standards and certified
as Earth Advantage® Gold to qualify for the requested density bonuses.
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The second approval criterion deals with overlay zones, and requires that,The proposal complies with
The Planning Commission finds that the property has
no applicable overlay zones and as such complies with this standard.
The third criterion addresses the Site Development and Design StandaThe proposal
complies with the applicable Site Development and Design Standards of part 18.4, except as provided by
The Planning Commission finds that the proposal has been designed to address the
standards of part 18.4. The buildings are oriented to the streets with individual porches, patios and entries
from the street where possible, parking has been placed behind street-facing buildings on Engle and to the
side on Villard, with no parking or circulation between the buildings and the street. Street trees are to be
planted along both frontages. The proposed buildings are to use durable materials similar to those in the
first phase of the Snowberry Brook development, and will be treated in similar earth tone colors. Walls
and roof lines are articulated to break up the building massing and add interest to facades. The community
building and play area from the first phase are to be made available to residents of Phase II, and new open
space/recreation areas incorporated with Phase II here.
The Planning Commission finds that the application as proposed requires 105 off-street parking spaces.
The applicant proposes to provide 86 off-street parking spaces in the surface parking lots proposed, and
to utilize 19 on-street parking credits for the remaining required parking which amounts to approximately
an 18 percent reduction in required off-street parking. The Planning Commission here would note that it
has previously found that a lower parking ratio for proposed affordable units was appropriate based on the
Affordable Housing Parking Study provided
which asserted that affordable housing developments require about one-half of the parking typically required
of market rate rental developments along with anecdotal observations by the Rogue Ridge applicants and by
Planning staff that affordable housing developments locally tend to generate less off-street parking demand
than market rate developments. The Planning Commission further found that determining the minimum
supported by AMC 18.4.3.030. However, in the current application, the applicant has not proposed a
reduction in required parking and has instead simply proposed to utilize a parking management strategy which
is allowed in the municipal code to off-set some of the parking requirement based on available on-street
parking. The Commission finds the request to be an appropriate use of an allowed parking management
strategy, and further finds that given the nature of the proposal the likely parking demand may be substantially
less than calculated. The Planning Commission further finds that 90 bicycle parking spaces are required,
and the applicant proposes to provide 90 covered bicycle parking spaces in shelters on site.
The fourth approval criterion addresses city facilities, specifically requiring that, The proposal complies
with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City
facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property
and adequate transportation can and will be provided to the subject The Planning Commission
finds that city facilities are available at the site, including: eight-inch Water Mains in Villard & Engle
Streets; eight-inch Sanitary Sewer Mains in Villard & Engle Streets; and 12-inch storm drains in Villard
& Engle Streets. The Commission finds that stormwater facilities will be provided to meet city, Rogue
Valley Stormwater Quality Design Manual, State of Oregon and any other applicable agency
requirements; that electrical service is available to serve the property, and that the applicant has met with
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the Ashland Electric Department and provided a conceptual electric service plan from the Electric
Department with the application materials.
The Commission further finds that Public Works/Engineering staff have noted that the property along
Engle Street is currently served by an eight-inch sanitary sewer main along the southern property line, and
that existing grades are such that it may make not be feasible for the entire property along Engle Street to
use this main, and additional sanitary sewer mains may need to be installed. A condition has accordingly
been included to require
drawings which will need to be reviewed and approved by Planning, Building and Engineering staff before
building permit issuance.
In terms of paved access and adequate transportation, the Planning Commission finds that Clay Streetis
a residential neighborhood collector street, and is a County road in this vicinity. City standards envision
five-foot sidewalks, seven-foot parkrow planting strips, a six-inch curb, seven-foot parking bays on each
side, and nine- to ten-foot travel lanes on each side. The city-standard cross-section includes a 22- to 34-
foot curb-to-curb paved width within a 49- to 61-foot right-of-way, dependent on the on-street parking
configuration. The Commission further finds that frontage improvements including additional paving,
curbs, gutters, a bio-swale parkrow planting strip and sidewalks were installed to meet these standards
along the Snowberry I frontage, and along the frontage of the property to the north, with the initial
Snowberry development.
The Commission further finds that Engle and Villard Streetsareresidential neighborhood streets, and city
standards envision five-foot sidewalks, seven-foot parkrow planting strips, a six-inch curb and seven-foot
parking bays on each side, with an 11- to 14-foot queuing travel lane. The city standard cross-section
includes a 25- to 28-foot curb-to-curb paved width in a 50- to 55-foot right-of--
sidewalks and parkrow on the west side of Engle and the north side of Villard along Snowberry I, and the
Commission finds that the applicant proposes to complete both street corridors by installing sidewalks
and parkrow planting strips along the Snowberry II frontages of both streets.
The Commission finds that McCall Driveis an alley as envisioned with its creation in Planning Action
#2013-00104, and right-of-way has already been dedicated to the city to connect the existing terminus of
McCall Drive to Villard Street. Based on concerns raised by neighbors in the McCall Drive
Condominiums development to the south about potential conflicts between vehicles and pedestrians and
about allowing public pedestrian access via the existing public right-of-way between the two
developments, the applicants have proposed to limit access with a locked gate that could only be unlocked
to enable emergency vehicle access. The Planning Commission finds that McCall Drive is public right-
of-way that is already owned by the city, that works in conjunction with a network of easements provided
through adjacent developments to enable pedestrian and bicycle connectivity in the absence of a more
traditional gridded street network, and that is to be completed to address standards requiring that paved
access and adequate transportation be provided according to city street standards. The Commission further
finds that encroachments into public right-of-way are regulated outside the Land Use Ordinance, are
obtained from the Public Works Director, and are not reviewed or approved by the Planning Commission.
A condition has accordingly been included below to require that McCall Drive be completed to city alley
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standards to enable at a minimum bicycle, pedestrian and emergency vehicle access, and that should the
applicant or neighbors wish to install any sort of encroachment to limit access they would need to make
application for an encroachment permit through the Public Works Department.
The Commission finds that the proposal includes the preservation of a 20-foot wide corridor along the
north edge of the site where an access easement is in place. A similar corridor was preserved on the north
side of the wetland on Phase I, and these two segments may ultimately combine with a similar dedication
when the property to the north is annexed to provide for a future vehicular connection between Tolman
Creek Road and Clay Street.
The Planning Commission further finds that a Traffic Impact Analysis (TIA) prepared by S.O.
Transportation Engineering, LLC concludes that the proposed 60-unit development can be approved
without adverse impacts to the transportation system. The Commission further finds that the TIA
recommends limiting McCall Drive to bicycles, pedestrians and emergency vehicles, while restricting
access for non-emergency motor vehicles, to avoid cut-through traffic.
The Planning Commission finds that the current request does not include any
Exceptions to the Site Development and Design Standards.
The Planning Commission concludes that, as detailed above and with the conditions discussed, the
proposal complies with all requirements for Site Design Review approval.
2.5 The Planning Commission finds that
The Planning Commission further finds that the application materials
identify trees on adjacent properties within 15 feet of the property lines and indicates that these trees will
be protected.
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Based on the project arborist
the Planning Commission finds that the removals are merited. A condition of approval has been included
to require that the recommendations of the Tree Commission become conditions of approval, and that a
Tree Verification Permit be obtained to verify the identification of trees to be removed and the installation
of any requisite tree protection for trees to be preserved and protected prior to any site work.
The Planning Commission concludes that, as detailed above and with the conditions discussed, the
proposal complies with the requirements for both Tree Preservation and Protection and for Tree Removal
Permits to remove the three trees proposed.
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 allow construction of a for 60-unit multi-family
development and the removal of three trees meets all applicable criteria and is supported by evidence
contained within the whole record.
The Commission finds that the Housing Authority initial willingness to partner with the City to bring
the first phase of the Snowberry development forward while embracing site design standards,
enhancing and protecting a locally-significant wetland and integrating it with the project open space and
landscaping to greatly benefit the livability of the project, addressing the transportation infrastructure
much needed affordable housing was a win-win situation, and the opportunity here to add an additional
60 units of affordable housing to a project that has fit well into the community seems to advance on that
-by providing much-needed affordable rental housing in a mix of one-, two- and
three-bedroom configurations immediately adjacent to the previous development, allowing for more
efficient management by the Housing Authority.
Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following
conditions, we approve Planning Action #PA-T2-2019-00008. Further, if any one or more of the conditions
below are found to be invalid, for any reason whatsoever, then Planning Action #PA-T2-2019-00008 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.
2.That any new addresses shall be assigned by City of Ashland Engineering Department.
3.That permits and associated inspections 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
curbs, parkrows, sidewalks and driveway approaches, or for any necessary encroachments. A
1200-C permit will need to be secured by the applicant if required by Oregon State DEQ, and the
City of Ashland Engineering Division must receive a copy of this permit prior to any construction
activity.
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4.That the building permit submittals shall include:
a.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 conformance with those approved as part of this application, an application to modify
the Site Design Review approval shall be submitted and approved prior to issuance of a
building permit.
b.All easements including but not limited to public and private utilities, irrigation, access,
public pedestrian access and fire apparatus access shall be indicated on the building permit
submittal for review by the Planning, Engineering, Building and Fire Departments.
c.Solar setback calculations demonstrating that all new construction complies with Solar
Setback Standard A in the formula \[(Height 6/ 16)/(0.445 + Slope) = Required Solar
Setback\] and elevations or cross section drawings clearly identifying the highest shadow
producing point(s) and their height(s) from natural grade.
d.Final lot coverage calculations demonstrating how lot coverage is to comply with the
applicable coverage allowances of the zoning district (65 percent coverage is allowed in
the R-R district). Lot coverage includes all building footprints, driveways, parking areas
and other circulation areas, and any other areas other than natural landscaping.
e.Storm water from all new impervious surfaces and run-off 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.
f.The engineered construction drawings for the proposed street improvements along Engle
and Villard Streets including city standard seven-foot parkrow planting strips with irrigated
street trees and five-foot sidewalks shall be submitted for review and approval of the
Ashland Planning and Engineering Divisions with the building permit submittal, prior to
work in the street right-of-way or installation of improvements in the pedestrian corridor.
Sidewalk designs will need to include handicap access ramps meeting current United States
Access Board Guidelines (PROWAG) and shall be designed in accordance with the current
ODOT design guidelines. Civil drawings shall consider existing fill and grades in the
vicinity of Buildings A and K and the proposed detention pond, and grades and fill will
need to be planned to enable future street extensions to the north, east and west, with any
associated retaining walls, to relate to the existing Engle Street elevation.
g.All frontage improvements, including but not limited to the sidewalk, parkrow planting
strips and irrigated street trees shall be constructed across the entire Engle and Villard
frontages of the subject properties, and if additional right-of-way is necessary to
accommodate city standard frontage improvements the applicant shall dedicate additional
right-of-way or necessary public pedestrian access easements prior to the issuance of a
certificate of occupancy or final project approval.
h.The engineered construction drawings for the proposed alley improvements
connecting the McCall Drive alley from its existing terminus to Villard Street shall be
submitted for review and approval of the Ashland Planning and Engineering
Divisions with the building permit submittal, prior to work in the right-of-way. Alley
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improvements shall be constructed to city standard which requires a minimum 12-
foot width paved driving surface with two-foot buffers on each side, and shall at a
minimum provide bicycle, pedestrian and emergency vehicle access through to
access, approvals would need to be obtained through the Public Works Department
and Transportation Commission prior to the installation of any encroachment.
i.Final utility, grading, drainage and erosion control plans.
i.The final 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.
ii.The final utility plan for the parcels shall be submitted for review and approval by
the Planning, Engineering, and Building Divisions with the Final Plan application.
The 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, and shall address the sewer mains on Engle Street relative to grades and any
additional mains needed to serve the Engle parcel. Any required private or public
utility easements shall be delineated on the civil plans.
iii.The final electric design and distribution plan including 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 permit issuance or
installation of equipment. 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. Individual electric services/meters shall
be installed underground to serve all units.
j.A final Tree Protection Plan addressing the requirements of AMC 18.4.5.030.B and any
recommendations of the Tree Commission from its June 6, 2019 regular meeting, where consistent
with applicable standards and criteria and with final approval by the Staff Advisor. The plan shall
identify the location and placement of fencing around the drip lines of all trees identified for
preservation. The amount of fill and grading within the drip lines 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 construction shall occur within the tree protection zone including dumping;
storage of materials such as building supplies, soil, waste, equipment, or parked vehicles; and no
fill shall be placed around the trunk/root crown.
k.A final size- and species-specific landscaping plan including irrigation details and details of the
landscape materials to be planted shall be provided for the review and approval of the Staff
Advisor. New landscaping shall comply with the General Fuel Modification Area requirements
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and shall not include plants listed on the Prohibited Flammable Plant List adopted by Resolution
#2018-028.
l.That the requirements of the Ashland Fire Department relating to approved addressing; fire
apparatus access and approach; firefighter access pathways and any gates, fences or other
obstructions; fire flow; fire hydrant spacing, distance and clearance; fire department work area;
fire sprinkler, extinguishers and fire department connection, as applicable; and wildfire hazard area
requirements shall be satisfactorily addressed in the building permit submittals. Fire Department
requirements shall be included in the building permit drawings, and a Fire Prevention and Control
Plan addressing the General Fuel Modification Area requirements of AMC 18.3.10.100.A.2. shall
be provided with the building permit submittals. This plan shall be reviewed and approved by the
Fire Marshal prior to bringing combustible materials onto the property.
m.That exterior building materials and paint colors shall be compatible with the surrounding area and
consistent with those described in the application. Sample exterior building colors shall be
provided with the building permit submittals for review and approval of the Staff Advisor. Very
bright or neon paint colors shall not be used in accordance with 18.4.2.030.E of the Multi-Family
Site Design and Use Standards.
n.ce
5.That prior to building permit issuance:
a.A Tree Verification Permit shall be applied for and approved by the Ashland Planning
Division prior to any site work including excavation, staging or storage of materials, or
building or excavation permit issuance. The Tree Verification Permit is to inspect the
identification of the trees to be removed and the installation of tree protection fencing for
trees to be protected. Standard tree protection consists of chain link fencing six feet tall
and installed in accordance with the requirements of AMC 18.4.5.030.B. No construction
shall occur within the tree protection zone including dumping or storage of materials such
as building supplies, soil, waste, equipment, or parked vehicles.
b.That the requirements of the Building Division shall be satisfactorily addressed.
c.That the applicant shall pay all applicable plan review & building permit fees and all
associated fees and charges.
6.That prior to the issuance of a certificate of occupancy or final project approval:
a.That the sidewalks shall be installed according to the approved plan, and parkrow planting
strips along the Villard and Engle street frontages planted with irrigated street trees selected
from the Recommended Street Trees guide at a spacing of one per 30 feet prior to the
issuance of a certificate of occupancy or final inspection approvals for the project.
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b.That the McCall Drive alley improvements shall be completed according to the
approved plan.
c.Electric services shall be installed underground to serve all proposed units, inspected and
approved. A final electric service plan shall be reviewed and approved by the Ashland
Electric, Building, Planning and Engineering Divisions prior to installation.
d.Utility installations and common area improvements including landscaping, open
space/recreational areas, hardscaping, irrigation, automobile and bicycle parking, and trash
and recycling facilities shall be completed according to approved plans, inspected and
approved by the Staff Advisor.
e.That all exterior lighting shall be directed on the property and shall not directly illuminate
adjacent proprieties.
f.That bicycle parking facilities to accommodate the 90 required bicycle parking spaces shall
be installed prior to the issuance of a certificate of occupancy or final project approval.
Inverted u-racks shall be used for the bicycle parking. All bicycle parking shall be installed
in accordance with design and rack standards in 18.4.3.070.I and J prior to the issuance of
the certificate of occupancy, inspected and approved by the Staff Advisor. The building
permit submittals shall verify that the bicycle parking rack design, spacing and coverage
requirements are met in accordance with 18.4.3.070.I.
g.The applicant shall record deed restrictions in accordance with the City of Ashla
Affordable Housing Standards to satisfy the requirements for the affordable housing
density bonus requested.
h.The applicant shall provide evidence of Earth Advantage certifications necessary to satisfy
the requirements for the conservation housing density bonus requested.
7.That the McCall Drive alley improvements shall be completed according to the approved
plan. These alley improvements shall be constructed to city standard which requires a
minimum 12-foot width paved driving surface with two-foot buffers on each side, and shall
at a minimum provide bicycle, pedestrian and emergency vehicle access through to McCall
Drive to the south.
approvals would need to be obtained through the Public Works Department and
Transportation Commission prior to the installation of any encroachment.
July 23, 2019
Planning Commission Approval Date
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BEFORE THE PLANNING COMMISSION
July 23, 2019
IN THE MATTER OF PLANNING ACTION #PA-T2-2019-00010, A REQUEST FOR )
SITE DESIGN REVIEW APPROVAL TO CONSTRUCT THE SECOND PHASE OF )
THE FIRST PLACE SUBDIVISION FOR THE PROPERTIES LOCATED AT )
185-197 LITHIA WAY, AT THE CORNER OF LITHIA WAY AND FIRST STREET.)
PHASE TWO INVOLVES SITE DESIGN REVIEW APPROVAL FOR A NEW )
MIXED-USE BUILDING (THE APPLICANT ON LOTS )
#2 AND #3 AT THE CORNER OF LITHIA WAY AND FIRST STREET. THE )
PROPOSAL INCLUDES CONSOLIDATION OF THE TWO LOTS AND CON- )
STRUCTION OF A 32,191 SQUARE FOOT, THREE-STORY MIXED-USE BUILD- )
FINDINGS,
ING CONSISTING OF BASEMENT PARKING, GROUND FLOOR COMMER- )
CONCLUSIONS &
CIAL AND 34 RESIDENTIAL UNITS DISTRIBUTED BETWEEN THE )
ORDERS
GROUND, SECOND AND THIRD FLOORS. THE APPLICATION INCLUDES )
REQUESTS TO MODIFY THE COMMON AREA LANDSCAPING AND PARK- )
ING CONFIGURATION TO BETTER ACCOMMODATE THE PROPOSAL, )
AND EXCEPTIONS TO THE SITE DEVELOPMENT & )
DOWNTOWN DESIGN STANDARDS TO ALLOW FOR BALCONIES ON THE )
18.4.2.060.C.2.c
FRONT OF THE BUILDING () AND TO ALLOW WINDOWS )
18.4.2.060.C.4.c
THAT ARE MORE HORIZONTAL THAN VERTICAL () )
)
OWNER/APPLICANT:
First Place Partners, LLC/Randy Jones )
--------------------------------------------------------------------------------------------------------------
RECITALS:
1) Tax lots 10102 and 10103 of Map 39 1E 09 BA are located at 185-197 Lithia Way, at the corner of
Lithia Way and First Street, within the First Place Subdivision and are zoned Commercial (C-1).
2) The applicants are requesting Site Review approval to construct the second phase of the First Place
Subdivision for the property located at the corner of Lithia Way and First Street.
Phase One included the construction of a three-story 18,577 square foot mixed-use building (designated
with basement parking, commercial space on the first floor, and ten
residential units split between the ground, second and third floors. This building was approved by the
Planning Commission in 2012 as part of PA #2012-01122 and was completed on Lot #1 at 175 Lithia
Way in 2015.
This proposed Phase Two requests Site Design Review approval to construct a new mixed-use building
(the applicants Lots #2 and #3 at the corner of Lithia Way and First Street. The proposal
includes consolidation of the two lots and construction of a 32,191 square foot, three-story mixed-use
building consisting of basement parking, ground floor commercial, and 34 residential units distributed
between the ground, second and third floors. The application includes requests to modify the common
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area landscaping and parking configuration to better accommodate the proposed single garage entry, and
Exceptions to the Site Desi
the front of the building and to allow windows that are more horizontal than vertical. (A nearly identical
proposal, but with only 15 residential units, was approved in 2015. That approval was subsequently
extended, but has since expired.)
A previously-approved Phase Three of the development involved the development of Lots #4 and #5 at
the northeast corner of the site, along First Street. That approval and a subsequent extension have now
expired as well, and the development of Lots #4 and #5 will be subject to future Site Design Review
approval.
Proposed site improvements are outlined on the plans on file at the Department of Community Development.
3) The criteria for Site Design Review approval are described in Chapter 18.5.2.050 as follows:
Underlying Zone:
A. The proposal complies with all of the applicable provisions of the
underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot
area and dimensions, density and floor area, lot coverage, building height, building
orientation, architecture, and other applicable standards.
Overlay Zones:
B. The proposal complies with applicable overlay zone requirements (part
18.3).
Site Development and Design Standards:
C. The proposal complies with the applicable Site
Development and Design Standards of part 18.4, except as provided by subsection E,
below.
City Facilities:
D. The proposal complies with the applicable standards in section 18.4.6
Public Facilities and that adequate capacity of City facilities for water, sewer, electricity,
urban storm drainage, paved access to and throughout the property and adequate
transportation can and will be provided to the subject property.
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.
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4) The Planning Commission, following proper public notice, held a public hearing on July 9, 2019 at
which time testimony was received and exhibits were presented. Following the close of the hearing, the
Planning Commission approved the application subject to conditions pertaining to the appropriate
development of the site.
Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as
follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the following index of exhibits, data and testimony is used:
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, and Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1
The Planning Commission finds that it has received all information necessary to make a
decision based on the Staff Report, public hearing testimony and the exhibits received.
2.2
The Planning Commission finds that the proposal to construct the second phase of the First
Place Subdivision for the property located at the corner of Lithia Way and First Street at 185-197
Lithia Way meets all applicable criteria for Site Review as described in Chapter 18.5.2.050, and
that the proposals for Exceptions to the Site Development and Downtown
Design Standards meet all applicable criteria for an Exception as described in AMC 18.5.2.050.E.
2.3
The Planning Commission finds that site infrastructure including most utilities, paving of the
driveway and parking areas, sidewalks, street trees, and streetlights were installed along both
frontages with completion of the subdivision improvements and the subsequent development of Lot
#1Plaza West. The Commission further finds that the proposed Phase Two of the First Place
subdivision development requires Site Review approval to construct a new mixed-use building (the
s Plaza East) on Lots #2 and #3 at the corner of Lithia Way and First Street. The Planning
Commission concludes that the proposal satisfies all applicable criteria for Site Design Review
approval as described in Chapter 18.5.2.050.
The first criterion for Site Design Review approval is 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 standards.
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The Planning Commission finds that the proposal involves a mix of permitted commercial uses (retail,
office, and restaurant) and residential units. The commercial uses are outright permitted in the Retail
Commercial (C-1) district, and residential units are a special permitted use in the district. C-1 zoning
regulations require a minimum of 65 percent of the gross floor area of the ground floor of the building
be used for permitted or special permitted uses. The proposal designates 66.8 percent of the ground
floor area for Plaza East as commercial space, with the remaining 33.2 percent of the ground floor
and the full second and third floors dedicated to accommodating the 34 residential units.
The Planning Commission further finds that of the 34 units currently proposed, 28 are less than
500 square feet in area and are to be counted as ¾-units for density purposes. As such, the
\[(28 x ¾) + 6 = 27\]
Commission finds that the current proposed density equates to 27 units . The
be built on
site.
The C-1 zoning district does not require standard setbacks from property lines unless a parcel abuts a
residential zoning district, in which case a ten-foot per story rear yard setback and a ten-foot side yard
setback are required. The Commission finds that as proposed, neither Lot #2 nor Lot #3 abuts the R-
2 residential zoning district to the north and as such, no setbacks are required. The common area
parcel of the subdivision abuts the R-2 zoning district and there is at least a 38-foot setback between
the residential property and the buildable area on the northern most lots, which are to develop in a
later phase. Within the C-1 district, solar setback standards do not apply for buildings that are more
than 100 feet from a residential zone as is the case here, and as such, the buildings are exempt from
these standards.
The Commission finds that with direct frontage on Lithia Way, the Plaza East parcel is also subject
to the Arterial Street Setback requirements of AMC 18.2.4.030. These requirements call for a setback
that is the lesser of 20 feet or the width necessary to install city standard sidewalk and parkrow
improvements. In this case, an additional two feet of sidewalk is to be installed along the frontage
with construction of the proposed building to comply with the current sidewalk standards, and the
building is to be constructed immediately behind the sidewalk to comply with the arterial setback
requirement and applicable design standards.
The Commission further finds that the proposed building height for the Plaza East building is 39.94
feet, calculated based on an average of the finished grade on all four elevations. 40 feet is the
maximum height permitted in the C-1 zone, although parapets may be erected up to five feet above
the maximum building height for mechanical equipment screening. The landscaping plan provided
identifies 17.48 percent of the site as included in landscaped areas, which satisfies both the 15 percent
requirement for the C-1 district and the required seven percent landscaping requirement for the
parking area.
The second approval criterion for approval is that, The proposal complies with applicable overlay
zone requirements (part 18.3). The First Place subdivision lies within the Detail Site Review
overlay, the Downtown Design Standards overlay, and the Downtown and Railroad historic
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districts. As a result, the application is subject to the Basic Site Review Standards for Commercial
Development, Detail Site Review Standards, Downtown Design Standards and Historic District
Design Standards, all of which are discussed in the next section dealing with the Site Development
and Design Standards of part 18.4. Additionally, because the proposed Plaza East building is
greater than 10,000 square feet in size and is located within the Detail Site Review Zone, it is also
subject to Additional Standards for Large Scale Projects. The Commission finds that because site
layout, parking, pedestrian and vehicular access and circulation, and landscaping were largely
addressed through the 2012 Subdivision and Site Review applications, the current review focuses
largely on the designs of the proposed new Plaza East buildings as they relate to the applicable
design standards.
The third criterion is that, he proposal complies with the applicable Site Development and
Design Standards of part 18.4, except as provided by subsection E, below. The Planning
Commission finds that the proposed building designs meet the Basic Site Review Standards. Plaza
East has a strong orientation to Lithia Way. Streetscape and landscape amenities are being
provided in conformance with standards. Parking and circulation are placed behind the buildings,
and requisite parking lot landscaping and screening are detailed in the plans provided in a manner
consistent with the original approvals and minor modifications here. The application recognizes
the requirements to address noise and glare, and notes that noise will be within limits typical of
the permitted use and will not exceed standards, and that lighting will be provided in the form of
under-canopy lights, strategically placed wall lights, and pedestrian scale bollard lighting designed
to comply with standards to minimize glare.
The Commission also finds that the Detail Site Review Standards are fully addressed as well. The
project is subject to meeting at least a 0.50 Floor Area Ratio (FAR), and the application includes
calculations demonstrating that with the build-out proposed, the second phase will have a .693 FAR
while the subdivision as a whole will be at approximately 1.24 FAR. The building faces along Lithia
Way incorporate many windows as well as covered entries and horizontal canopies to provide
pedestrians with protection from the elements. Building masses are divided into vertical bays and
have strong entries from the sidewalk emphasized through design elements. Plaza areas and
site, and the proposed Plaza East building is to be set directly behind the Lithia Way sidewalk.
The Plaza Central East building is subject to Large Scale Design Standards, as its floor area is greater
than 10,000 square feet. The application explains that the building complies with the 45,000 square
foot floor area limitation as applied within the Downtown Design Standards Zone, noting that
exclusive of the basement parking area located within the building footprint the proposed building
consists of 32, 472 square feet of gross floor area and adding that even if the basement parking were
included this square footage would rise to only 43,676 square feet and remain below the 45,000 square
foot limit.
th along Lithia Way treated to read as two distinct buildings
more in keeping with the historic downtown pattern, and each of these divided into more human scale
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Page 5
vertical bays, with covered entrances and horizontal canopies to provide pedestrians with protection
from the elements and relate the building to a more human scale. A ground floor recessed entry and
a more staggered streetscape appearance. The Large Scale requirements call for one square foot of
plaza or public space to be provided for every 10 square feet of gross floor area. The application notes
that the development as proposed, including the floor area of all buildings, will have a combined floor
area of 60,611 square feet which would require 6,061 square feet of plaza or public space and that the
project includes 6,211 square feet of public plaza space which is in excess of that required. The
application also notes that the plaza space provided incorporates a mix of at least four of the six
elements for plazas and public spaces as called for in the standards, with sitting areas, areas that
provide sunlight and shade, protection from wind, trees, and potential outdoor eating areas. The
applicants also note that while public art possibilities have not yet been explored, they would be open
to dialogue with the Public Arts Commission once the project is complete. The applicants note that
there is an existing bus shelter and pull-out along Lithia Way, approximately 200 feet from the subject
property. Trash and recycling facilities are to be provided on the north end of the parking lot.
The Commission further finds that other than the Exceptions requested, which are discussed more
fully below, the building design complies with the Downtown Design Standards. The applicants have
proposed a multi-story, downtown-style building which extends from side lot line to side lot line
placed at the back of the sidewalk, and which incorporates large street-level windows and transparent
doors. The building incorporates horizontal and vertical rhythms through divisions on the facade as
required by the standards, and provides for some variation in parapet height to provide the traditional
streetscape appearance sought by the standards. The building incorporates varied architectural and
material treatments to provide bases for a sense of strength, flat roofs with parapets and cornices, and
manage to create a varied streetscape with a distinct character for each of the proposed components
which is in keeping with the standards seeking to maintain the traditional rhythms of the historic
downtown even on lots that are wider than was traditional.
The Commission finds that the proposed building design is generally in keeping with the height, scale,
massing, setbacks, roof forms, and rhythm of openings typical of the nearby Lithia Way corridor and
sought in the Historic District and Downtown Design Standards.
The Planning Commission finds that, in keeping with the requirements of the Site Review Chapter,
both the required 15 percent landscaping and seven percent parking lot landscaping are to be provided
with completion of the project, and that an irrigation system will be installed that is a low volume,
fully automatic design. As previously required of the subdivision, a condition has again been added
below that for those lots that are undeveloped and not actively in use for construction or staging, the
building pads be seeded with a low-water use wildflower mix and maintained in a weed-free
condition. A condition has also been included to require that construction fencing not be left in place
except during periods of active construction and not be placed in a manner which obstructs easements
or emergency vehicle access. The application notes that required trash and recycling facilities will be
provided in an enclosure on the north end of the parking lot, and that lights will be selected and placed
to avoid direct illumination of adjacent residential properties. Conditions to ensure that these items
are installed and maintained according to standards have been included below.
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The applicant also proposes to allocate the common area parking between the proposed buildings,
and has provided calculations demonstrating how the available 56 spaces of surface and on-street
parking and 28 garage spaces might be allocated between the buildings and their component uses
to accommodate retail, office and restaurant uses in addition to the proposed residential units with
the proposed TDM plan. The proposed parking allocations are summarized in the table below:
FIRST PLACE SUBDIVISION ALLOCATIONS
Λ/ǒƩƩĻƓƷ tƌğǩğ ĻƭƷͲ tƩƚƦƚƭĻķ tƌğǩğ 9ğƭƷ ǞΉ5a tƌğƓͲ ğƓķ ŅǒƷǒƩĻ tƌğǩğ bƚƩƷŷΜ
COMMON SURFACE PARKING PRIVATE GARAGE PARKING RESIDENTIAL UNITS
BUILDING (54 Spaces + 2 On-Street Credits (28 Spaces Available) (43 Unit Available Density)
Available)
Plaza West 10
15 12
(18,577 s.f. ĬǒźƌƷΉƚĭĭǒƦźĻķ) (Њ ğŅŅƚƩķğĬƌĻ)
Plaza East 34*
26 14
*
(32,191 ƭ͵Ņ͵ ƦƩƚƦƚƭĻķ) (ĻƨǒğƷĻƭ Ʒƚ ЋА ǒƓźƷƭ ƚŅ ķĻƓƭźƷǤ)
Plaza North
13 2 4
(ğƌƌƚĭğƷĻķ)
TOTAL 54 28 41
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A condition has been included below requiring that revised parking allocation information be
provided with each building permit as the commercial tenant spaces develop to verify that the parking
allocated will accommodate the parking required for all existing and proposed uses.
The bicycle parking requirements in AMC 18.4.3.070 call for at least one bicycle parking space to
be provided for every five automobile parking spaces, with fifty percent of these spaces to be
covered, and that additional covered bicycle parking spaces be provided for each residential unit.
For the 56 surface automobile parking spaces proposed, at least 12 bicycle parking spaces are
required to be provided on site, in addition to those spaces necessary for the residential units that
the applicants propose to address in individual basement storage areas provided for each unit. As
originally approved, the subdivision proposal identified five racks for ten bicycle
parking spaces in the plaza space to the west of Plaza West and three racks for six
bicycle parking spaces adjacent to the walkway north of what is to be Plaza North. These eight
racks would provide 16 bicycle parking spaces, exceeding the amount required in association with
the surface parking. The subdivision approval included a condition that at least half of the required
bicycle parking spaces (six of the 12 required) be covered. The 34 residential units proposed here
are all studio or one bedroom units, and as such require one sheltered bicycle parking space per
more than satisfy this standard. A condition has been added below to require that bicycle parking
and coverage in keeping with the requirements of AMC 18.4.3.070 be identified in the building
permits and installed prior to occupancy.
The fourth criterion for approval is that, The proposal complies with the applicable standards in
section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer,
electricity, urban storm drainage, paved access to and throughout the property and adequate
The Planning Commission finds that public facilities and utilities were installed with the
include:
Electric infrastructure was extended in association with the 2007 subdivision approval,
and the 2012 subdivision infrastructure work and subsequent development of Plaza
West completed the installation of transformers necessary to serve the site and first
building. Three-phase electrical service is available to the site, and the Electric
Department has indicated that there is adequate power capacity available to serve the
full development of the property with the extension of the necessary individual services
for each of the proposed buildings, however some changes to the originally approved
electric service plan will be necessary to address the additional services and meters
needed to serve 19 additional residential units.
Four-inch water mains are available in both Lithia Way and First Streets, and a new
eight-inch water line was extended to provide a connection to B Street as part of the
subdivision improvements in 2007. Four-inch laterals were also extended to each of
the individual lots with the 2007 subdivision work. Water Department staff has
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indicated that some services may be abandoned if lots are consolidated and building
configurations changed, and they have also noted that fire vault placement should be
planed for outside of the buildings to better enable access.
A six-inch sanitary sewer line in First Street was upgraded to eight-inches to serve the
project as part of the 2007 subdivision improvements.
A private 12-inch storm drain line was installed on site, and a new 12-inch public storm
drain line was installed in First Street to convey stormwater run-off from the site to the
existing storm drain line at B and First Streets as part of subdivision improvements in
2007. With completion of the current proposal, 17 percent of the site is proposed to be
landscaped, reducing run-off from the site, which was - until the 2007 subdivision
improvements - entirely covered with pavement and buildings. A bio-swale has been
installed in the northeastern portion of the common area lot to allow for on-site
detention and filtration of stormwater before it enters the city storm sewer system.
Paved access is provided directly from First Street and to Pioneer Street via an
easement through the existing City of Ashland public parking lot.
ith the subdivisi
site work in 2007, two curb cuts were removed from Lithia Way and one from First
Street in order to comply with city and state requirements for controlled access.
As part of the 2007 subdivision improvements, the existing public sidewalks along the
project perimeter on both Lithia Way and First Street were widened. The Lithia Way
pedestrian corridor was improved to the Boulevard/Arterial standards that at the time
required a minimum of 12 feet in improvement width. A five-foot commercial
hardscape parkrow with tree wells between the curb and sidewalk and an eight-foot
wide sidewalk were installed. Subsequent to that approval, but prior to completion of
the subdivision improvements or recording of the plat, city sidewalk standards changed
to require a 15-foot pedestrian corridor on Lithia Way. The 2012 subdivision approval
required that the applicants widen sidewalks to the new standards along the frontage of
each lot as it develops, and a condition to that effect has been included here as well.
The installation of street trees, tree grates, irrigation and streetlights complying with
downtown streetlight spacing requirements was completed with the first phase.
There is an existing transit stop located along Lithia Way nearby, between First and
Second Streets, which includes a pull-out and shelter within 200 feet of the property
which have been upgraded since the Plaza West application.
The Planning Commission finds that water, sewer, paved access to and through the development
site, electricity, urban storm drainage and adequate transportation to and through the subject
property can and will be provided, with site utilities completed with the subdivision infrastructure
and individual services to the proposed buildings to be completed under the current request;
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vehicular access provided from existing fully-improved streets; sidewalks which are to be widened
to meet current street standards along Lithia Way; and easements which were provided with the
subdivision to increase vehicular and pedestrian connectivity to and through the site. Conditions
have been added below to require that final electrical service and utility plans for each of the
proposed buildings for the review and approval of the Planning, Building, Public Works and
Electric Departments in conjunction with building permit review.
2.4
The Planning Commission finds that the Plaza East
building requirestwo Exceptions to the Site Development and Design S
Design Standards. One of these is to allow for balconies on the front of the building, and the other
is to allow windows that are more horizontal than vertical. The Planning Commission concludes
that the both Exception requests satisfy the applicable criteria for Exception to the Site
Development and Design Standards.
The first Exception to the Downtown Design Standards deals with the standard in AMC
18.4.2.060.C.2.c Recessed or projecting balconies, verandas or other usable space
above the ground level on existing and new buildings shall not be incorporated in a street facing
elevation.he application materials provided note that there are two balconies proposed from
Plaza East
The application goes on to note that the two balconies on the second and third floors at the right
of Plaza Easts attempts to offset the façade of
the building by recessing the entry approximately eight feet. The application explains that this
serts that these balconies are set between the zero-setback facades of
for in The application goes on to explain that
the two balconies at the second and third floors at the on the corner tower element of Plaza East,
at the corner of Lithia Way and First Street, are flexible. The application materials argue that both
balcony Exceptions are consistent with the Example Possible Exception
Designwhich shows an appropriate exception with a small,
illustrated, the majority of the façade is at a zero setback directly behind the sidewalk, and the
horizontal and vertical rhythms provide symmetry.
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Figure 18.4.2.060.C.11
The Planning Commission finds that the request seems consistent with the
balconies along Lithia Way was approved with a finding that there was a demonstrable difficulty in
building to urban densities in the downtown environment while at the same time providing some
it was also noted at that time that these balconies helped to break up the mass of the building and
better provide for the staggered streetscape sought through the standards and demonstrated to be
effective on the nearby Jasmine Building. The Commission finds that similar findings can be made
with the current request, but would further note here that the design seeks to address vertical and
horizontal rhythm standards while clearly distinguishing the building into two facades while
complying with setback standards and creating a positive sense of entry. The Commission further
finds that the balconies provide a solution that adds a recreational amenity to upper floor residents,
The application also requests Exception from the standard in AMC 18.4.2.060.C.4.c, which states that
Upper floor window orientation shall primarily be vertical (height greater than width).
and third floor windows of Plaza East are more horizontal than vertical, necessitating the Exception
request. The applicant notes that this exception is necessary as they intend to construct a single
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building with two distinct facades to accommodate a more efficient parking design layout within the
basement. The application explains that the purpose of the Exception is to create a façade that
addresses contextual compatibility, but also distinguishes itself from adjacent buildings. The
, but that the internal window muntins (small window moldings that
separate panes of glass) are configured vertically to mitigate the design. The applicants conclude
that the project architects, designers and property owners desire to design and construct buildings that
are everlasting and appreciated for their attractiveness, quality and compatibility with the downtown.
They suggest that the variety of materials proposed provides a striking and complex palate of
materials, a
instead rely upon a slight deviation to differentiate the building facades and improve the urban living
environment while remaining consistent with the overall purpose of the Downtown Design Standards.
compatibility while retain individual identity for each of the proposed building facades (Central and
East) through distinguishing elements, materials, colors and styles. They suggest that some exception
is helpful in avoiding a too-similar streetscape appearance that could result from strict adherence to
the standards.
The Planning Commission finds that the proposed Exception accomplishes the purpose of the
Downtown Design Standards as the balconies serve to create a unique character for the Plaza Central
façade-set
or stepped appearance sought through AMC 18.4.2.060.C.1 eight.
The Commission finds that the resultant design is at least equal to what could be achieved through
strict adherence to the standards while also serving to add variety to the Lithia Way streetscape.
Independence Day holiday. In considering the requests, the Planning Commission noted that the
Historic Commission had reviewed and supported the same Exception requests in the 2015 approval
which has since expired.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that
the proposals for Site Review approval to construct the second phase of the First Place Subdivision and
supported by
evidence contained within the whole record.
In considering an essentially identical proposal in 2015, the Planning Commission recognized that the
project poses a number of challenges in that it involves developing what amounts to an entire block of the
downtown at essentially the same time and under the same set of standards while maintaining contextual
compatibility with a downtown that has developed and evolved organically over more than 100 years, and
doing so while managing the transition between the downtown core and the historic residential
neighborhood literally just over the fence. The Commission also noted during the previous 2012 review
of the Subdivision application and request for Site Review approval for the first building that the project
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would result in a large, prominent downtown site which had stalled with the economy and languished for
nearly five years developing to a degree beyond that required by city standards while providing increased
vehicular and pedestrian connectivity, aesthetic improvements, and a significant reduction in stormwater
run-off. It was further suggested that the first proposed building, with ten residential units including one
affordable unit, could inject a new vitality into the Lithia Way corridor while at the same time the
subdivision could provide for a smooth transition between the intense commercial uses of the downtown
and the less intense, residential character of the adjacent neighborhood.
With the completion of that first Plaza West building and the common area of the subdivision, and the
proposed second phase here, a total of 44 residential units will complete this block of Lithia Way, and the
Planning Commission finds that the applicants have effectively met the challenges posed in designing
buildings that, while compatible with one another, their surroundings and various design standards, still
manage to maintain strong individual characters that will contribute positively to the streetscape and to
the character of the downtown. In addition, the 34 new residential units proposed here will accommodate
artist housing for the Oregon Shakespeare Festival, in close proximity to the Festival, and in so doing will
contribute to the vitality of the downtown and free up some existing units elsewhere in town which can
return to the rental housing market.
The site layout, parking, pedestrian and vehicular access and circulation, and landscaping were largely
completed with the previous Subdivision and Site Review approvals, and the current review focuses
largely on the designs of the proposed new buildings as they relate to the applicable design standards and
the proposed Transportation Demand Management plan. For the Commission, the proposed Plaza East
building satisfies all relevant approval criteria for Site Review and Exception to the Downtown Design
Standards and merits approval.
Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following
conditions, we approve PA-T2-2019-00010. Further, if any one or more of the conditions below are found
to be invalid, for any reason whatsoever, then PA-T2-2019-00010 is denied. The following are the conditions
and they are attached to the approval:
1.That all proposals of the applicant are conditions of approval unless otherwise modified herein.
2.That lots not actively being constructed or used for staging for active construction shall be treated
with a low-water use wildflower mix and generally maintained in a weed-free condition.
Construction fencing shall not be left in place after project completion, nor placed in such a manner
to block required easements or emergency vehicle access routes.
3.
4.The windows on the ground floor of the proposed buildings shall not be tinted so as to prevent
views from outside of the building into the interior of the building, and the commercial entrances
adjacent to Lithia Way and First Street shall remain functional and open to the public during all
business hours.
5.That a Verification Permit shall be applied for and approved by the Ashland Planning Division
prior to site work including any staging or storage of materials. The Verification Permit is to
inspect the installation of tree protection fencing for the trees to be preserved on and adjacent to
the site. The tree protection shall be chain link fencing six feet tall and installed in accordance with
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AMC 18.4.5.030.
6.That any necessary construction closure, detouring of the sidewalks or work in the right-of-way
shall be approved by the Ashland Engineering and Planning Departments prior to issuance of
permits or work in the right-of-way. An area of the sidewalks extending at least five feet from the
back of curb shall remain open to accommodate limited pedestrian use while ensuring public safety
during active construction.
7.In order to qualify for a 35 percent reduction in the off-street parking requirement for the 34 residential
dwelling units, a reduction from 37 required spaces to 24 spaces, the applicant will execute and record
in the real property records of Jackson County, in a form acceptable to the City, notice that the
property is subject to a Transportation Demand Management Plan on file with the City of Ashland.
The T
property owner, its successors and assigns. The TDMP may include, but is not limited to, placing
tenants based on parking needs, limiting the total number of tenant vehicles, and providing car share,
.
bike share and shuttle serviceThe applicant or its successor in interest shall report annually to the
City on the effectiveness of the TDMP. If not effective to satisfy the residential tenant parking demand
from the 34 residential dwelling units with the 24 provided spaces, the City may require additional
measures to be implemented in the TDMP. Because the effectiveness of the TDMP is premised upon
OSF entity ever not be lessee of the 34 residential dwelling units, so that the TDMP provisions become
impossible or impracticable to perform, then the property owner will be required, at its discretion, to
either (a) provide the 13 additional off-street parking spaces on the site, or (b) conform to then-current
City Land Use Code off-street parking requirements for the 34 residential dwelling units, or (c)
provide parking credits under the then-current City Land Use Code provisions sufficient to qualify
for a 35 percent reduction in off-street parking requirements. The above requirements would not
preclude the property owner from choosing to amend the land use approval to address then-current
City Land Use Code standards and procedures.
8.That prior to the issuance of a building permit:
a)The plans submitted for the building permit shall be in conformance with those approved
here. If the plans submitted for the building permit are not in conformance with those
approved as part of this application, an application to modify this Site Review approval
shall be submitted and approved prior to issuance of a building permit.
b)July 8, 2019 meeting, where consistent
with applicable standards and with final approval by the Staff Advisor, shall be conditions
of this approval and incorporated into the final building permit submittals.
c)That a comprehensive sign program in accordance with the requirements of AMC Chapter
18.4.7 shall be developed for the buildings and submitted for review and approval with the
building permit submittals. Sign permits shall be obtained prior to installation of any new
signage.
d)All easements shall be shown on the building permit submittals.
e)A final storm drainage plan shall be submitted at the time of a building permit for review
and approval by the Engineering, Building, and Planning Divisions. Storm water from all
new impervious surfaces and run-off associated with peak rainfalls must be collected on
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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.
f)A final utility plan for the project shall be reviewed and approved by the Planning,
Engineering, and Building Divisions prior to issuance of a building permit. The utility plan
shall include the location of connections to all public facilities in and adjacent to the
development, including the locations of water lines and meter sizes, sewer mains and
services, manholes and clean-outs, storm drainage pipes and catch basins.
g)The applicant shall submit a final electric design and distribution plan including load
calculations and locations of all primary and secondary services including transformers,
cabinets and all other necessary equipment for each building. This plan must be reviewed
and approved by the Electric Department prior to building permit submittals. Transformers
and cabinets shall be located outside of the pedestrian corridor in those areas least visible
from the street, while considering the access needs of the Electric Department.
h)That mechanical equipment shall be screened from view from the adjacent rights-of-way.
Location and screening of mechanical equipment shall be detailed on the building permit
submittals.
i)Exterior lighting shall be shown on the building permit submittals and appropriately
shrouded so there is no direct illumination of adjacent properties.
j)That the building materials and the exterior colors shall be identified in the building permit
submittals. The information shall be consistent with the colors, texture, dimensions and
shape of materials and building details proposed and approved as part of the land use
application. Exterior building colors shall be muted colors, as described in the application.
Bright or neon paint colors shall not be used in accordance with AMC 18.4.2.040.C.4.b of
the Detail Site Review Standards.
k)Building permit submittals shall identify all required bicycle parking installations. Inverted
u-racks shall be used for outdoor bicycle parking, and the building permit submittals shall
verify that the bicycle parking spacing and coverage requirements are met in accordance
with 18.4.3.070. A total of at least 12 bicycle parking spaces shall be provided and
maintained on the common area of the project, and at least six of these must be covered.
A total of at least 34 sheltered bicycle parking spaces shall be provided to accommodate
the proposed residential units.
l)Prior to any work within the public rights-of-way, all necessary permits must be obtained
from the Public Works/Engineering Department. Prior to the issuance of permits or
right-of-way for Lithia Way, the applicant shall provide proof of also having obtained
required approvals and permits from ODOT.
m)Revised parking allocation information shall be provided with each building permit as the
commercial tenant spaces develop and are occupied to verify that the parking allocated is
sufficient for the uses proposed.
n)That a Fire Prevention and Control Plan addressing the General Fuel Modification Area
requirements in AMC 18.3.10.100.A.2 of the Ashland Land Use Ordinance shall be
provided prior to bringing combustible materials onto the property, and any new
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landscaping proposed shall comply with these standards and shall not include plants listed
on the Prohibited Flammable Plant List adopted with Resolution 2018-028.
9) That prior to the issuance of a certificate of occupancy:
a)All landscaping, hardscaping and irrigation shall be installed according to the approved
plans, inspected and approved by the Staff Advisor.
b)All bicycle parking shall be installed in accordance with design, placement, coverage and
rack standards in 18.4.3.070 prior to the issuance of the certificate of occupancy. A total
of at least 12 bicycle parking spaces are to be provided and maintained on the common
area, and at least six of these must be covered. In addition, the 42 bicycle parking spaces
proposed by the applicant shall be installed within the parking garage.
c)An opportunity-to-recycle site of equal or greater size than the solid waste receptacle for
each building shall be included in the trash enclosure in accordance with the Recycling
requirements of AMC 18.4.4.040.
d)The requirements of the Building Department shall be satisfactorily addressed, including
but not limited to that the mixed-use occupancy is required to be fire sprinkled, that
construction may not cross a property line, and that the site and structures are required to
meet all accessibility requirements.
e)The requirements of the Fire Department shall be satisfactorily addressed, including
approved addressing; fire apparatus access including angle of approach, aerial ladder
access, and firefighter access pathway; fire flow; review of any obstructions such as fences
or gates; fire hydrant distance, spacing and distance to structures; fire sprinkler system; fire
department connection; fire
addressing wildfire hazard area requirements. Fire Department requirements shall be
included on the construction documents, and if a fire protection vault is required, the vault
shall not be located in the sidewalk corridor.
f)That the sidewalks along the Lithia Way frontage of each lot shall be widened by two feet
to comply with current width standards, inspected for installation according to the approved
plans and approved by the Staff Advisor, as proposed by the applicants. This area shall be
dedicated as public right-of-way or public pedestrian access easements provided.
July 23, 2019
Planning Commission Approval Date
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